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Context of 'October 1, 2005: Senate Approves Anti-Torture Amendment; White House Mounts Opposition'

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Counterterrorism “tsar” Richard Clarke, who is in the White House Situation Room, instructs that US embassies overseas be closed and that US military bases raise their alert level. According to his own recollection, just after he has spoken to the acting Chairman of the Joint Chiefs of Staff Richard Myers (see 9:28 a.m. September 11, 2001), Clarke is thinking about the simultaneous attacks on the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). As he describes, “There was the possibility now of multiple simultaneous attacks in several countries.” He therefore issues instructions to the State Department and the Department of Defense: “We have to assume there will be simultaneous attacks on us overseas. We need to close the embassies. Move [Department of Defense] bases to combat Threatcon.” [Clarke, 2004, pp. 5-6] (“Threatcon” is short for “terrorist threat condition.” [Slate, 9/12/2001] ) According to CNN, all US military forces will be ordered to the highest alert level at 10:10 a.m. (see (Between 10:10 a.m. and 10:35 a.m.) September 11, 2001). [CNN, 9/4/2002] But the 9/11 Commission Report will state that Secretary of Defense Donald Rumsfeld only orders the US armed forces to Defcon 3, an increased state of readiness, at 10:43 a.m. (see (10:43 a.m.-10:52 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326 and 554] The State Department will tell US embassies to make the decision whether to close based on their own local security requirements. Around 50 US embassies or consulates around the world will therefore close, though at what time they do so is unstated. [US Department of State, 9/12/2001]

Entity Tags: Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ronald Bucca.
Ronald Bucca. [Source: Public domain]Two firefighters climbing up the South Tower, Orio Palmer and Ronald Bucca, have reached its 78th floor, the lower end of the impact zone where Flight 175 hit. [New York Times, 8/4/2002] They are just two floors below the level where, minutes later, its collapse initiates. [Federal Emergency Management Agency, 5/1/2002, pp. 2-34] Over radio, Palmer tells firefighter Joseph Leavey, “We’ve got two isolated pockets of fire. We should be able to knock it down with two lines.” [Dwyer and Flynn, 2005, pp. 206] The fact that they reached so high up the tower only comes to light almost a year later, when a tape of radio communications from 9/11 is made public (see August 4, 2002). The New York Times will report “[N]owhere on the tape is there any indication that firefighters had the slightest indication that the tower had become unstable or that it could fall.” [New York Times, 11/9/2002] Palmer’s communication appears to contradict claims that “extreme fires” contributed to the tower’s collapse. [BBC, 9/13/2001; New York Times, 10/20/2004] Ronald Bucca, a Special Forces veteran, had actually conducted his own private research into Islamic militancy following the 1993 WTC bombing. He’d even taken time, in 1996, to attend the beginning of the trial of Ramzi Yousef, a mastermind of the bombing (see September 5, 1996). [Lance, 2003, pp. 180-183, 333-334]

Entity Tags: World Trade Center, Orio Palmer, Ronald Bucca

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

National Security Adviser Condoleezza Rice enters the underground tunnel leading to the Presidential Emergency Operations Center (PEOC)—the bunker below the White House—where she encounters Vice President Dick Cheney, and then heads into the PEOC. Rice has been escorted down from the White House Situation Room by Carl Truscott, the Secret Service special agent in charge of the presidential protective division, who told her she had to go to the PEOC (see (9:45 a.m.) September 11, 2001). [United States Secret Service, 10/1/2001; White House, 8/6/2002] Before she left the Situation Room, Rice briefly talked on the phone with President Bush (see (9:45 a.m.) September 11, 2001). [White House, 8/2/2002; White House, 8/6/2002]
Rice Meets Cheney in Underground Tunnel - When Rice and Truscott enter the underground tunnel that leads to the PEOC, they encounter Cheney and his wife, Lynne Cheney, along with one of Cheney’s Secret Service agents. [United States Secret Service, 10/1/2001] Cheney was being taken to the PEOC by his Secret Service agents (see (9:36 a.m.) September 11, 2001, but stopped in an area of the underground tunnel where there is a secure telephone, in order to speak to Bush (see (9:37 a.m.) September 11, 2001 and (9:45 a.m.-9:56 a.m.) September 11, 2001). Lynne Cheney joined him there after she arrived at the White House (see (9:55 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39-40] Cheney is still on the phone with Bush when Truscott and Rice meet him. Truscott advises the group assembled in the tunnel to move on to the PEOC. [United States Secret Service, 10/1/2001]
Rice Heads into the PEOC - Rice subsequently goes from the tunnel into the PEOC, although the exact time when she does so is unclear. She enters the PEOC “shortly after the vice president,” according to the 9/11 Commission Report, which will state that Cheney arrives in the PEOC at around 9:58 a.m. (see (9:58 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40] Rice must enter the PEOC before 9:59 a.m., since she is there at the time the South Tower of the World Trade Center collapses, as will be confirmed by a photo taken at that time (see 9:59 a.m. September 11, 2001). [Newsweek, 12/30/2001; Bumiller, 2007, pp. xiii; Washington Post, 6/24/2007]
Rice Calls Relatives in Alabama - In the PEOC, Rice takes a seat next to Cheney. [9/11 Commission, 7/24/2004, pp. 40; Bumiller, 2007, pp. xiii] The first thing she does after arriving, according to some accounts, is call her aunt and uncle in Birmingham, Alabama, to tell them to inform her family that she is okay. [White House, 10/24/2001; O, the Oprah Magazine, 2/1/2002; White House, 8/2/2002; New York Times, 9/11/2002] But other accounts will say she called them just before she headed out from the Situation Room. [White House, 11/1/2001; White House, 8/7/2002; Associated Press, 9/9/2002; Bumiller, 2007, pp. xiii]

Entity Tags: Richard (“Dick”) Cheney, Carl Truscott, Lynne Cheney, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance.Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance. [Source: Keith Srakocic/ Associated Press]Flight 93 crashes into an empty field just north of the Somerset County Airport, about 80 miles southeast of Pittsburgh, 124 miles or 15 minutes from Washington, D.C. Presumably, hijackers Ziad Jarrah, Ahmed Alhaznawi, Ahmed Alnami, Saeed Alghamdi, and all the plane’s passengers are killed instantly. [CNN, 9/12/2001; North American Aerospace Defense Command, 9/18/2001; Guardian, 10/17/2001; Pittsburgh Post-Gazette, 10/28/2001; USA Today, 8/12/2002; Associated Press, 8/21/2002; MSNBC, 9/3/2002] The point of impact is a reclaimed coal mine, known locally as the Diamond T Mine, that was reportedly abandoned in 1996. [Pittsburgh Tribune-Review, 9/12/2001; St. Petersburg Times, 9/12/2001; Pittsburgh Tribune-Review, 9/11/2002] Being “reclaimed” means the earth had been excavated down to the coal seam, the coal removed, and then the earth replaced and planted over. [Kashurba, 2002, pp. 121] A US Army authorized seismic study times the crash at five seconds after 10:06 a.m. [Kim and Baum, 2002 pdf file; San Francisco Chronicle, 12/9/2002] As mentioned previously, the timing of this crash is disputed and it may well occur at 10:03 a.m., 10:07 a.m., or 10:10 a.m.

Entity Tags: San Francisco Chronicle, Ziad Jarrah, Ahmed Alhaznawi, Saeed Alghamdi, NBC, Ahmed Alnami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Air Force One departs Barksdale Air Force Base.Air Force One departs Barksdale Air Force Base. [Source: Reuters]Air Force One takes off from Barksdale Air Force Base in Louisiana to fly President Bush to Offutt Air Force Base in Nebraska. While Bush has been at Barksdale, base personnel have refueled Air Force One and restocked it with provisions for its continuing journey, on the basis that it may have to serve as the president’s flying command center for the foreseeable future. [Associated Press, 10/2/2001; 2d Bomb Wing, 6/30/2002 pdf file; BBC, 9/1/2002]
Reduced Number of Passengers on Board - For security reasons, the number of people traveling on Air Force One has been reduced (see (1:00 p.m.) September 11, 2001). [Fleischer, 2005, pp. 145-146] Those continuing with the president include Bush’s chief of staff Andrew Card, his senior adviser Karl Rove, his communications director Dan Bartlett, White House press secretary Ari Fleischer, and assistant press secretary Gordon Johndroe. The number of Secret Service agents accompanying the president has been reduced, as has the number of reporters. The five remaining journalists are Ann Compton of ABC Radio, Sonya Ross of the Associated Press, Associated Press photographer Doug Mills, and a CBS cameraman and sound technician. [Salon, 9/12/2001; Associated Press, 9/12/2001]
President Given Thumbs-up by Airmen - Lieutenant General Thomas Keck, the commander of the 8th Air Force, has been at Bush’s side for most of his time at Barksdale, and accompanies the president as he is being driven across the base to Air Force One. The president passes a row of B-52 bombers and is given a thumbs-up by the planes’ crew members. Keck explains to Bush that this means the troops “are trained, they’re ready, and they’ll do whatever you want them to.” Military police salute and other Air Force crew members cheer the president as he passes them. [American History, 10/2006 pdf file]
Fighter Escort Rejoins Air Force One - Air Force One is being guarded by soldiers with their guns drawn when Bush reaches it, and a pack of military dogs is patrolling the tarmac. [Sammon, 2002, pp. 117-118] After the plane takes off, two F-16 fighter jets pull up alongside it to provide an escort. [American History, 10/2006 pdf file] These are presumably the same fighters, belonging to the 147th Fighter Wing of the Texas Air National Guard, that escorted Air Force One as it came in to land at Barksdale (see (11:29 a.m.) September 11, 2001). [Filson, 2003, pp. 87; Bombardier, 9/8/2006 pdf file]
Destination Chosen Due to 'Continuity of Government' Plan - Bush’s destination, Offutt Air Force Base, is home to the US Strategic Command (Stratcom), which controls the nation’s nuclear weapons. [Associated Press, 9/11/2001; Woodward, 2002, pp. 19] Bush will later say the decision to head there was based on Offutt’s “secure housing space and reliable communications.” [Bush, 2010, pp. 133] The base’s secure teleconferencing equipment will allow the president to conduct a meeting of his National Security Council later in the afternoon (see (3:15 p.m.) September 11, 2001). [Sammon, 2002, pp. 119; Woodward, 2002, pp. 19, 26] According to the 9/11 Commission Report, Offutt has been chosen as the president’s next destination “because of its elaborate command and control facilities, and because it could accommodate overnight lodging for 50 persons. The Secret Service wanted a place where the president could spend several days, if necessary.” [9/11 Commission, 7/24/2004, pp. 325] But according to White House counterterrorism chief Richard Clarke, the decision to head to Offutt instead of back to Washington, DC, was due to a plan called “Continuity of Government.” This program, which dates back to the Reagan administration, originally planned to set up a new leadership for the US in the event of a nuclear war. It was activated for the first time shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 4/7/2004; ABC News, 4/25/2004]

Entity Tags: Dan Bartlett, Barksdale Air Force Base, Thomas Keck, Ann Compton, Ari Fleischer, Doug Mills, George W. Bush, Gordon Johndroe, US Secret Service, 147th Fighter Wing, Sonya Ross, Karl C. Rove, Andrew Card, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

White House press secretary Ari Fleischer tells reporters traveling with President Bush that the administration received no warnings of the terrorist attacks that occurred this morning. During a press briefing on Air Force One after the plane takes off from Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), a reporter asks if Bush knows “anything more” about who is responsible for the attacks on the World Trade Center and the Pentagon. “That information is still being gathered and analyzed,” Fleischer replies. Fleischer is then asked, “Had there been any warnings that the president knew of?” to which he answers, simply, “No warnings.” He is then asked if Bush is “concerned about the fact that this attack of this severity happened with no warning?” In response, Fleischer changes the subject and fails to answer the question. In the coming days and weeks, senior administration officials, including Bush and Vice President Dick Cheney, will similarly say there was “no specific threat” of the kind of attack that happened today. [White House, 9/11/2001; New York Times, 5/18/2002] The 9/11 Commission Report, however, will note, “Most of the intelligence community recognized in the summer of 2001 that the number and severity of threat reports were unprecedented.” On August 6, Bush in fact received a Presidential Daily Brief that included an article titled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [9/11 Commission, 7/24/2004, pp. 260, 262] All the same, Fleischer will say in May 2002 that the answer he gave to reporters today, stating that there were no warnings of the attacks, was appropriate. “Flying on Air Force One, with the destruction of the attacks still visible on the plane’s TV sets, the only way to interpret that question was that it related to the attacks that we were in the midst of,” he will say. [New York Times, 5/18/2002] And according to the 9/11 Commission Report, “Despite their large number, the threats received [in the summer of 2001] contained few specifics regarding time, place, method, or target.” The report will state, therefore, that the 9/11 Commission “cannot say for certain whether these reports, as dramatic as they were, related to the 9/11 attacks.” [9/11 Commission, 7/24/2004, pp. 262-263]

Entity Tags: George W. Bush, Ari Fleischer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush asks Mike Morell, his CIA briefer, who is responsible for today’s attacks on the US and Morell says he is sure al-Qaeda is to blame. About 15 minutes after Air Force One left Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), White House chief of staff Andrew Card enters the staff section of the plane, where Morell is seated, and tells Morell that the president wants to see him. Morell goes to Bush’s office, where he then sits alone with the president and Card.
CIA Briefer Says He'd Bet Al-Qaeda Was behind the Attacks - Bush wants to know who Morell thinks is responsible for today’s attacks. “Michael, who did this?” he asks. Morell explains that he doesn’t have any intelligence indicating who is to blame, so he will simply provide his personal opinion. “I said that there were two countries capable of carrying out an attack like this, Iran and Iraq, but I believed both would have everything to lose and nothing to gain from the attack,” he will later recall. The culprit was almost certainly a non-state actor, he says, adding that he has no doubt that the trail of evidence will lead to the doorstep of Osama bin Laden and al-Qaeda. “I’d bet my children’s future on that,” he says.
Briefer Is Unsure How Long It Will Take to Determine Who Is Responsible - “When will we know?” Bush asks. Morell replies, “I can’t say for sure,” and then goes over some recent terrorist attacks and says how long it took the CIA to determine, with any certainty, who was responsible. He says that in the case of the 1998 bombings of the US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998), it took a couple of days; with the bombing of the USS Cole in Yemen in 2000 (see October 12, 2000), it took a couple of months; but with the 1996 bombing of the Khobar Towers in Saudi Arabia (see June 25, 1996), it had taken over a year. He says the CIA may know soon who is to blame for today’s attacks, but then again it might take some time. Bush says nothing in response once Morell has finished giving his views on who is responsible for today’s attacks and the men sit in silence for a while. Finally, Morell asks, “Is there anything else, Mr. President?” and Bush replies, “No, Michael, thank you.” Morell then returns to his seat in the staff section of the plane. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 55-56; Politico Magazine, 9/9/2016] Bush will learn that the CIA has linked al-Qaeda to today’s attacks later this afternoon, after Air Force One lands at Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001). During a video teleconference, CIA Director George Tenet will tell him that early signs indicate the terrorist group is behind the attacks (see (3:15 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326; Bowden, 2012, pp. 17-18]

Entity Tags: Michael J. Morell, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Logo of the International Islamic Relief Organization.Logo of the International Islamic Relief Organization. [Source: International Islamic Relief Organization]A man is questioned by the police after being noticed behaving suspiciously near the Capitol building in Washington, DC, and found to belong to an organization with links to terrorism. Suspicions are raised about the man after he is observed following members of the press around the Capitol building and trying to listen in on their conversations. The man is subsequently held by the Capitol Police and questioned. His name is found to be “Shaykh M. Zacharias,” according to an FAA log. He is a member of the International Islamic Relief Organization (IIRO), is employed by a non-governmental organization in Nairobi, Kenya, and is “somehow connected” to the bombing of the US embassy in Nairobi in August 1998 (see 10:35-10:39 a.m., August 7, 1998). The police have permission to search his hotel room, according to the FAA log. Further details of what, if anything, inquiries into the man discover are unstated. [Federal Aviation Administration, 9/11/2001] The IIRO, of which he is a member, is a charity funded by the Saudi Arabian government and private Saudi individuals. [Emerson, 2002, pp. 157] Police believe it is a front for financing terrorism. [Los Angeles Times, 6/24/2002]

Entity Tags: US Capitol Police

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

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

The entrance to Offutt Air Force Base’s bunker.The entrance to Offutt Air Force Base’s bunker. [Source: CBC]Air Force One, with President Bush on board, lands at Offutt Air Force Base near Omaha, Nebraska, accompanied by two F-16 fighter jets. [Salon, 9/12/2001; Bamford, 2004, pp. 89; 9/11 Commission, 7/24/2004, pp. 326] Offutt is the home of the US Strategic Command (Stratcom), which controls America’s nuclear weapons. [Associated Press, 9/11/2001; US Air Force, 9/6/2011] The large base is one of the most heavily defended in the US. [Daily Telegraph, 12/16/2001] Personnel there were told earlier in the day that the president might come to Offutt during the crisis but they only received confirmation that he would be landing at the base about 20 to 30 minutes ago. [Omaha World-Herald, 2/27/2002; Omaha World-Herald, 9/8/2002; Omaha World-Herald, 9/9/2016] They have, however, taken the initiative to start preparing for his arrival. “There were pretty wide-scale preparations going on anticipating that the president might come, without knowing for sure, even before we got notice that he was coming,” Admiral Richard Mies, commander in chief of Stratcom, will later recall. “We’d started to evacuate the main quarters that could be used for VIPs and install some of the protection there that’d be needed in case [Bush] needed to spend the night,” Mies will say. [NET News, 12/27/2011; Politico Magazine, 9/9/2016] Journalists on Air Force One were not told they would be landing at Offutt. However, they learned what was happening when they saw a local television channel showing the plane arriving at the base (see (2:50 p.m.) September 11, 2001). [Gilbert et al., 2002, pp. 198; Sammon, 2002, pp. 120-121; Sylvester and Huffman, 2002, pp. 138] Bush will get off the plane about 10 minutes after it lands and then be taken to an underground command center (see (3:00 p.m.-3:10 p.m.) September 11, 2001). [Salon, 9/12/2001; Bamford, 2004, pp. 89] He will conduct a meeting of the National Security Council in a secure video teleconference while he is at the base (see (3:15 p.m.) September 11, 2001). [Washington Times, 10/8/2002; 9/11 Commission, 7/24/2004, pp. 326] Personnel at Offutt were the middle of a major training exercise called Global Guardian when America came under attack this morning (see 8:30 a.m. September 11, 2001 and Before 9:00 a.m. September 11, 2001), although the exercise has now been canceled (see (10:44 a.m.) September 11, 2001). [Omaha World-Herald, 9/8/2002; Schmitt and Shanker, 2011, pp. 22]

Entity Tags: Offutt Air Force Base, George W. Bush, Richard Mies

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left.
President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left. [Source: White House]At Offutt Air Force Base in Nebraska, President Bush convenes the first meeting of the National Security Council since the attacks occurred. [Woodward, 2002, pp. 26] He begins the video conference call from a bunker beneath the base. He and Chief of Staff Andrew Card visually communicate directly with Vice President Cheney, National Security Adviser Rice, Defense Secretary Rumsfeld, Deputy Secretary of State Richard Armitage, CIA Director Tenet, Transportation Secretary Norman Mineta, counterterrorism “tsar” Richard Clarke, and others. [Daily Telegraph, 12/16/2001; ABC News, 9/11/2002; Washington Times, 10/8/2002] According to Clarke, Bush begins the meeting by saying, “I’m coming back to the White House as soon as the plane is fueled. No discussion.” But according to Condoleezza Rice, he begins with the words, “We’re at war.” Clarke leads a quick review of what has already occurred, and issues that need to be quickly addressed. Bush asks CIA Director Tenet who he thinks is responsible for the day’s attacks. Tenet later recalls, “I told him the same thing I had told the vice president several hours earlier: al-Qaeda. The whole operation looked, smelled, and tasted like bin Laden.” Tenet tells Bush that passenger manifests show that three known al-Qaeda operatives had been on Flight 77. According to Tenet, when he tells the president in particular about Nawaf Alhazmi and Khalid Almihdhar (two of the alleged Flight 77 hijackers), Bush gives Mike Morell, his CIA briefer, “one of those ‘I thought I was supposed to be the first to know’ looks.” (Other evidence indicates the third al-Qaeda operative whose name is on the passenger manifest would be Salem Alhazmi (see 9:53 p.m. September 11, 2001).) Tenet tells the meeting that al-Qaeda is “the only terrorist organization capable of such spectacular, well-coordinated attacks,” and that “Intelligence monitoring had overheard a number of known bin Laden operatives congratulating each other after the attacks. Information collected days earlier but only now being translated indicated that various known operatives around the world anticipated a big event. None specified the day, time, place or method of attack.” Richard Clarke later corroborates that Tenet had at this time told the president he was certain that al-Qaeda was to blame. Yet only six weeks later, in an October 24, 2001 interview, Rice will claim differently. She will say, “In the first video conference, the assumption that everybody kind of shared was that it was global terrorists.… I don’t believe anybody said this is likely al-Qaeda. I don’t think so.” Tenet also relays a warning the CIA has received from French intelligence, saying another group of terrorists is within US borders and is preparing a second wave of attacks. Defense Secretary Rumsfeld briefs on the status of US forces, and states that about 120 fighters are now above US cities. [Woodward, 2002, pp. 26-27; Clarke, 2004, pp. 21-22; 9/11 Commission, 7/24/2004, pp. 326 and 554; Tenet, 2007, pp. 169] The meeting reportedly ends around 4:00-4:15 p.m. [Daily Telegraph, 12/16/2001; Washington Times, 10/8/2002]

Entity Tags: Norman Mineta, Osama bin Laden, Richard Armitage, Richard (“Dick”) Cheney, Richard A. Clarke, National Security Council, George W. Bush, George J. Tenet, Donald Rumsfeld, Andrew Card, Al-Qaeda, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General Henry Shelton, the chairman of the Joint Chiefs of Staff, finally arrives at the National Military Command Center (NMCC) at the Pentagon after returning to the US when his flight to Europe was aborted.
Vice Chairman Updates Shelton - After Shelton enters the NMCC, General Richard Myers, the vice chairman of the Joint Chiefs of Staff, briefs him. Myers says that Air National Guard and regular Air Force combat air patrols are flying above major US cities under AWACS control, the entire US military is on Threatcon level Delta, and the Joint Forces Command is sending headquarters units to New York and Washington, DC.
Intelligence Director Says Only One 'Hint' Indicated Possible Attack - Shelton then turns to Vice Admiral Tom Wilson, the director of the Defense Intelligence Agency, and Rear Admiral Lowell Jacoby, the director of intelligence for the Joint Staff, and asks them, “Have we had any intel ‘squeaks’ on an attack like this—anything at all?” Wilson replies: “The only possible hint of this coming was several months ago when we got a single intercept requesting jumbo jet training. Since then, there’s been nothing.” Myers will later comment that Wilson is “referring to the vast electronic signals data-mining operations of our intelligence community that targeted known terrorist networks, such as al-Qaeda and their allies.” [Myers, 2009, pp. 159]
Shelton Flying to Europe at Time of Attacks - Shelton was flying across the Atlantic Ocean to Hungary for a NATO conference when he learned of the terrorist attacks in the US, and had ordered that his plane return to Washington (see (8:50 a.m.-10:00 a.m.) September 11, 2001). However, the plane was repeatedly denied permission to enter US airspace (see (After 9:45 a.m.) September 11, 2001) and only landed at Andrews Air Force Base, just outside Washington, at 4:40 p.m. (see 4:40 p.m. September 11, 2001). From there, three patrol cars and about a dozen motorcycle cops escorted the chairman and his accompanying staff members as they were driven to the Pentagon. Once at the Pentagon, Shelton initially went to his office and then visited the site of the attack, to see the wreckage there. After returning to the building, he headed to the NMCC. [Federal Aviation Administration, 9/11/2001 pdf file; Giesemann, 2008, pp. 22-32; Shelton, Levinson, and McConnell, 2010, pp. 430-436; Air Force Magazine, 9/2011 pdf file]
Chairman in Office for Much of Evening - Shelton will spend much of the evening in his office with staff, preparing for meetings of the National Security Council later this evening and the following day (see (9:00 p.m.-10:00 p.m.) September 11, 2001 and September 12, 2001). At 6:42 p.m., he will join Secretary of Defense Donald Rumsfeld and Senators Carl Levin (D-MI) and John Warner (R-VA) to give a news briefing (see 6:42 p.m. September 11, 2001), and at around 9:00 p.m. he will head to the White House for the National Security Council meeting there. [CNN, 9/12/2001; Priest, 2003, pp. 37; Shelton, Levinson, and McConnell, 2010, pp. 436]

Entity Tags: National Military Command Center, Richard B. Myers, Tom Wilson, Henry Hugh Shelton, Lowell E. Jacoby

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Colin Powell arrives back in Washington, DC. He had been away in Peru at the time of the attacks, and his flight back to the US had only taken off at around 12:30 p.m. EDT. The exact time he arrives in the capital is unclear, though a State Department spokesman said at 7:40 p.m. that he was due to return “within the hour.” Powell will be at the White House in time for a 9:30 p.m. meeting between the president and his key advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001). By then, Bush will already have delivered his speech to the nation declaring, “We will make no distinction between the terrorists who committed these acts and those who harbor them” (see 8:30 p.m. September 11, 2001). As journalist Bob Woodward will comment, “The president, [National Security Adviser Condoleezza] Rice, [White House counselor Karen] Hughes and the speechwriters had made one of the most significant foreign policy decisions in years, and the secretary of state had not been involved.” [US Department of State, 9/11/2001; Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] The Daily Telegraph later comments, “In the weeks before September 11 Washington was full of rumors that Powell was out of favor and had been quietly relegated to the sidelines.” [Daily Telegraph, 12/16/2001]

Entity Tags: George W. Bush, Colin Powell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right.President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right. [Source: Eric Draper/ White House]President Bush meets with his full National Security Council. According to journalist Bob Woodward, this meeting turns out to be “unwieldy.” So at 9:30 p.m., Bush follows it with a meeting with a smaller group of his most senior principal national security advisers in the Presidential Emergency Operations Center (PEOC) beneath the White House. Bush and his advisers have already decided bin Laden is behind the attacks. As the president later recalls, in these meetings, “That’s when we first got the indication… we’ve identified, we think it’s al-Qaeda.” He says the FBI now thinks that “it’s al-Qaeda, and we start to develop our plans to get them. I mean, there wasn’t any hesitation. We’re starting the process of coalition-building and how to get ‘em.” (According to other accounts, though, the CIA had informed Bush hours earlier that it was virtually certain al-Qaeda was to blame for the attacks (see (3:15 p.m.) September 11, 2001).) CIA Director George Tenet says that al-Qaeda and the Taliban in Afghanistan are essentially one and the same. Tenet says, “Tell the Taliban we’re finished with them.” [Sammon, 2002, pp. 133; Woodward, 2002, pp. 31-33; Washington Post, 1/27/2002] The president says, “I want you all to understand that we are at war and we will stay at war until this is done. Nothing else matters. Everything is available for the pursuit of this war. Any barriers in your way, they’re gone. Any money you need, you have it. This is our only agenda.” When, later in the discussion, Defense Secretary Donald Rumsfeld points out that international law only allows force to prevent future attacks and not for retribution, Bush yells, “No. I don’t care what the international lawyers say, we are going to kick some ass.” [Clarke, 2004, pp. 23-24] Bush will subsequently announce a new US doctrine of preemptive attack the following June (see June 1, 2002). [Time, 6/23/2002] During the meeting, the president refers to the present political situation as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). By the time the meeting ends, it is after 10 p.m. [Sammon, 2002, pp. 133]

Entity Tags: Osama bin Laden, Taliban, National Security Council, Richard A. Clarke, George W. Bush, Donald Rumsfeld, Al-Qaeda, George J. Tenet, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush describes the state of affairs brought about by today’s terrorist attacks as a “great opportunity.” Bush is in a meeting with his key advisers in the Presidential Emergency Operations Center below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001). Referring to the attacks and the present political situation, he tells his colleagues: “This is a great opportunity. We have to think of this as an opportunity.” According to journalist Bob Woodward, he means this is a chance to improve relations, especially with major powers such as Russia and China, and is about more than just flushing out Osama bin Laden. [Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] He says, “This is an opportunity beyond Afghanistan; we have to shake terror loose in places like Syria and Iran and Iraq,” according to journalist and author Kurt Eichenwald. “This is an opportunity to rout out terror wherever it might exist,” he adds. [Eichenwald, 2012, pp. 51]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A section from Rumsfeld’s notes, dictated to Stephen Cambone.A section from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department] (click image to enlarge)Stephen Cambone, the Principal Deputy Undersecretary of Defense for Policy, makes the following note for Defense Secretary Rumsfeld at an emergency policy meeting, “AA 77—3 indiv have been followed since Millennium + Cole. 1 guy is assoc of Cole bomber. 2 entered US in early July (2 of 3 pulled aside and interrogated?).” Although four of the subsequently alleged Flight 77 hijackers were known to the authorities in connection with terrorism before 9/11, it appears that the three referred to here as being followed are Nawaf Alhazmi, Khalid Almihdhar, and Salem Alhazmi, due to their ties to an al-Qaeda Malaysia summit around the Millennium (see January 5-8, 2000) and ties to the USS Cole bombing (see October 12, 2000). Nawaf Alhazmi and Khalid Almihdhar initially arrived in the US shortly before or after the Millennium plot was due to come to fruition (see November 1999 and January 15, 2000), even entering at Los Angeles Airport (LAX), a target of the plot. If the note is literally correct that some US authorities were following these three since the Millennium, this would contradict the 9/11 Commission’s position that the trail of the three was lost shortly after the Millennium. The comment that one of the hijackers is an associate of a Cole bomber could refer to photos the CIA had before 9/11 identifying Almihdhar standing next to Cole bomber Fahad al-Quso (see Early December 2000) or photos of him standing next to Cole bomber Khallad bin Attash (see January 4, 2001). The note’s mention that two of them entered the US in July is also accurate, as Salem Alhazmi entered the US on June 29 (see April 23-June 29, 2001) and Khalid re-entered on July 4 (see July 4, 2001). [US Department of Defense, 9/11/2001 pdf file; US Department of Defense, 2/6/2006 pdf file] Earlier in the day, Cambone took notes for Rumsfeld that indicate Rumsfeld is keen to move against Iraq following the 9/11 attacks, even though he was aware there may be no connection between Iraq and 9/11 (see (2:40 p.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; Guardian, 2/24/2006]

Entity Tags: Khalid Almihdhar, Stephen A. Cambone, Salem Alhazmi, Nawaf Alhazmi, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After a meeting with the full National Security Council from 9:00 to 10:00 p.m. (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush continues meeting with a smaller group of advisers. During this meeting, Bush says the US will punish not just the perpetrators of the 9/11 attacks, but also those who harbored them (this closely echoes the rhetoric he used in a speech that evening (see 8:30 p.m. September 11, 2001)). Secretary of State Colin Powell suggests the US needs to build a coalition of other nations. But according to the 9/11 Commission, Defense Secretary Donald Rumsfeld urges Bush to “think broadly about who might have harbored the attackers, including Iraq, Afghanistan, Libya, Sudan, and Iran. He wonder[s] aloud how much evidence the United States would need in order to deal with these countries, pointing out that major strikes could take up to 60 days to assemble.” [9/11 Commission, 7/24/2004, pp. 330] According to journalist Bob Woodward, at this meeting, “Rumsfeld actually puts Iraq on the table and says, ‘Part of our response maybe should be attacking Iraq. It’s an opportunity.’” [PBS Frontline, 6/20/2006] Earlier in the day, notes by a Rumsfeld aide indicate Rumsfeld was aware that evidence was already suggesting al-Qaeda was behind the 9/11 attacks, but he wanted to use 9/11 as an excuse to attack Iraq as well (see (2:40 p.m.) September 11, 2001).

Entity Tags: Colin Powell, George W. Bush, Bob Woodward, Donald Rumsfeld

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

After meeting with a small group of his key advisers in the Presidential Emergency Operations Center (PEOC) below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush is heading for the elevator to go back upstairs, when he is stopped by a Secret Service agent. The agent tells him, “You’ll be sleeping down here tonight.” Bush says no. When the agent tries to argue about it, Bush repeats, “No, I’m not going to.” He later says his reasons for refusing the Secret Service agent’s instruction are, firstly, “the bed [in the PEOC] looked unappetizing. Secondly, it was a little stale in there. And I needed sleep.” The agent acquiesces, but warns, “If we have any threats, we will come and get you.” Bush then heads up to his bedroom. [Newsweek, 12/3/2001; Sammon, 2002, pp. 133-134] But, shortly after going to bed, the president and first lady will be rushed down to the PEOC due to a false alarm over an approaching plane (see 11:08 p.m. September 11, 2001).

Entity Tags: US Secret Service, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General John Ashcroft briefs about 250 members of Congress on the latest developments regarding the day’s terrorist attacks. [Associated Press, 9/12/2001] Since he arrived there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001), Ashcroft has spent most of the day at the Strategic Information and Operations Center at the FBI’s headquarters in Washington, DC (see (2:00 p.m.-8:30 p.m.) September 11, 2001). He and other senior Justice Department officials have repeatedly heard from members of Congress who want more information about the attacks. Ashcroft will later recall, “We tried our best to provide it, but we were still in the heat of battle.” However, “No matter; Congress wanted answers.” Therefore, after attending a meeting at the White House—presumably President Bush’s meeting with his National Security Council and/or his subsequent meeting with his most senior principal national security advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001)—Ashcroft heads to the police station north of the Hart Senate Office Building, to brief the House and Senate members who are gathered there. [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 129] About 250 members of Congress are at the briefing. [Associated Press, 9/12/2001] Ashcroft will recall, “The place was jammed with members of Congress, all shouting questions, some complaining about apparent inconsistencies, many expressing dissatisfaction that we didn’t know everything, and all wanting answers that I didn’t know or couldn’t say.” [Ashcroft, 2006, pp. 129] He reportedly tells those at the briefing that “the US government now believes teams of three to five individuals carrying knives commandeered those four airliners earlier today, destroying them and themselves in the process.” [CNN, 9/11/2001; CNN, 9/12/2001] Ashcroft stays at the police station until well after midnight, holding what he will describe as “an intense discussion” with the members of Congress. He has to say “I don’t know” over and over again, he will recall. [Ashcroft, 2006, pp. 129]

Entity Tags: John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One page of a torn up 757 cockpit poster used by the hijackers. It was found in a trash compactor at the Days Inn, near the Newark Airport.One page of a torn up 757 cockpit poster used by the hijackers. It was found in a trash compactor at the Days Inn, near the Newark Airport. [Source: FBI]Investigators find a remarkable number of possessions left behind by the hijackers:
bullet Two of Mohamed Atta’s bags are found on 9/11. They contain a handheld electronic flight computer, a simulator procedures manual for Boeing 757 and 767 aircraft, two videotapes relating to “air tours” of the Boeing 757 and 747 aircraft, a slide-rule flight calculator, a copy of the Koran, Atta’s passport, his will, his international driver’s license, a religious cassette tape, airline uniforms, a letter of recommendation, “education related documentation” and a note (see September 28, 2001) to other hijackers on how to mentally prepare for the hijacking. [Sydney Morning Herald, 9/15/2001; Boston Globe, 9/18/2001; Independent, 9/29/2001; Associated Press, 10/5/2001] Author Terry McDermott will later comment, “Atta’s bag contained nearly every important document in his life… If you wanted to leave a roadmap for investigators to follow, the suitcase was a pretty good place to start.” [McDermott, 2005, pp. 306]
bullet Marwan Alshehhi’s rental car is discovered at Boston’s Logan Airport containing an Arabic language flight manual, a pass giving access to restricted areas at the airport, documents containing a name on the passenger list of one of the flights, and the names of other suspects. The name of the flight school where Atta and Alshehhi studied, Huffman Aviation, is also found in the car. [Los Angeles Times, 9/13/2001]
bullet A car registered to Nawaf Alhazmi is found at Washington’s Dulles Airport on September 12. This is the same car he bought in San Diego in early 2000 (see March 25, 2000). Inside is a copy of Atta’s letter to the other hijackers, a cashier’s check made out to a flight school in Phoenix, four drawings of the cockpit of a 757 jet, a box cutter-type knife, maps of Washington and New York, and a page with notes and phone numbers. [Arizona Daily Star, 9/28/2001; Cox News Service, 10/21/2001; Die Zeit (Hamburg), 10/1/2002] The name and phone number of Osama Awadallah, a friend of Alhazmi and Khalid Almihdhar in San Diego, is also found on a scrap of paper in the car (see September 12, 2001 and After). [CNN, 2/1/2002]
bullet A rental car is found in an airport parking lot in Portland, Maine. Investigators are able to collect fingerprints and hair samples for DNA analysis. [Portland Press Herald, 10/14/2001]
bullet A Boston hotel room contains airplane and train schedules. [Sydney Morning Herald, 9/15/2001]
bullet FBI agents carry out numerous garbage bags of evidence from a Florida apartment where Saeed Alghamdi lived. [CNN, 9/17/2001]
bullet Two days before 9/11, a hotel owner in Deerfield Beach, Florida, finds a box cutter left in a hotel room used by Marwan Alshehhi and two unidentified men. The owner checks the nearby trash and finds a duffel bag containing Boeing 757 manuals, three illustrated martial arts books, an 8-inch stack of East Coast flight maps, a three-ring binder full of handwritten notes, an English-German dictionary, an airplane fuel tester, and a protractor. The FBI seizes all the items when they are notified on September 12 (except the binder of notes, which the owner apparently threw away). [Miami Herald, 9/16/2001; Associated Press, 9/16/2001]
bullet In an apartment rented by Ziad Jarrah and Ahmed Alhaznawi, the FBI finds a notebook, videotape, and photocopies of their passports. [Miami Herald, 9/15/2001]
bullet In a bar the night before 9/11, after making predictions of a attack on America the next day, the hijackers leave a business card and a copy of the Koran at the bar. The FBI also recovers the credit card receipts from when they paid for their drinks and lap dances. [Associated Press, 9/14/2001]
bullet A September 13 security sweep of Boston airport’s parking garage uncovers items left behind by the hijackers: a box cutter, a pamphlet written in Arabic, and a credit card. [Washington Post, 9/16/2001]
bullet A few hours after the attacks, suicide notes that some of the hijackers wrote to their parents are found in New York. Credit card receipts showing that some of the hijackers paid for flight training in the US are also found. [Los Angeles Times, 9/13/2001]
bullet A FedEx bill is found in a trash can at the Comfort Inn in Portland, Maine, where Atta stayed the night before 9/11. The bill leads to Dubai, United Arab Emirates, allowing investigators to determine much of the funding for 9/11. [Newsweek, 11/11/2001; London Times, 12/1/2001]
bullet A bag hijackers Alhazmi and Almihdhar left at a mosque in Laurel, Maryland, is found on September 12. The bag contains flight logs and even receipts from flight schools from San Diego the year before (see September 9, 2001).
bullet On 9/11, in a Days Inn hotel room in Newark, New Jersey, investigators find used plane tickets for Saeed Alghamdi, Ahmed Alhaznawi, Ziad Jarrah, and Ahmed Alnami. The tickets are all from a Spirit Continental Airlines flight from Ft. Lauderdale, Florida, to Newark on September 7. Also, flight manuals for Boeing 757 and 767 airplanes are found in English and Arabic. [Investigative Services Division, FBI Headquarters, 4/19/2002]
The hijackers past whereabouts can even be tracked by their pizza purchases. An expert points out: “Most people pay cash for pizza. These [hijackers] paid with a credit card. That was an odd thing.” [San Diego Union-Tribune, 9/3/2002] “In the end, they left a curiously obvious trail—from martial arts manuals, maps, a Koran, Internet and credit card fingerprints. Maybe they were sloppy, maybe they did not care, maybe it was a gesture of contempt of a culture they considered weak and corrupt.” [Miami Herald, 9/22/2001] The New Yorker quotes a former high-level intelligence official as saying: “Whatever trail was left was left deliberately—for the FBI to chase” (see Late September 2001). [New Yorker, 10/8/2001]

Entity Tags: Huffman Aviation, Federal Bureau of Investigation, Washington Dulles International Airport, Marwan Alshehhi, Ahmed Alhaznawi, Ahmed Alnami, Mohamed Atta, Saeed Alghamdi, Osama Awadallah, Nawaf Alhazmi, Terry McDermott, Ziad Jarrah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

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

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

Timeline Tags: Civil Liberties

In a television interview, Vice President Cheney is asked how the US will respond to the 9/11 attacks. He first replies that there will be a military response. But he adds an oblique comment indicating the secrecy in which he and the administration intend to operate after the 9/11 attacks: “We also have to work, though, sort of the dark side, if you will. We’ve got to spend time in the shadows in the intelligence world. A lot of what needs to be done here will have to be done quietly, without any discussion, using sources and methods that are available to our intelligence agencies, if we’re going to be successful. That’s the world these folks operate in, and so it’s going to be vital for us to use any means at our disposal, basically, to achieve our objective.” [Meet the Press, 9/16/2001; Unger, 2007, pp. 221] In 2006, former CIA official Gary Schroen will be asked about Cheney’s comment, and he replies: “My impression at the time was that the administration was trying to send a message, and certainly CIA leadership was trying to send a message, that the gloves were off. I think what [Cheney] was probably saying was, we’re going to do things like assassination operations; we were going to go into places and not try to capture these guys, but just kill them, and that… there would be a lot of people who would object to those kind of tactics.” [PBS Frontline, 1/20/2006] In 2007, author and reporter Charlie Savage will write, “Many interpreted Cheney’s vague remarks to have been a reference to brutal interrogation techniques.” [Savage, 2007, pp. 154]

Entity Tags: Charlie Savage, Gary C. Schroen, Richard (“Dick”) Cheney

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

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

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

At some point after 9/11, the US government begins compiling a list of “high-value” al-Qaeda linked militant leaders to be killed or captured. President Bush authorizes the assassination of high-value targets on September 17, 2001 (see September 17, 2001), so the creation of the list presumably takes place shortly after that. US intelligence agencies typically propose a name for the list, and prepare a dossier that explains who the target is and why that person deserves to be on the list. Then, a committee of bureaucrats and lawyers from the Justice Department, CIA, Pentagon, and other agencies reviews the dossier. If it finds the evidence convincing, the name is included on the “high-value target” list, which means the person cannot only be captured by US forces, but is legally allowed to be killed. At any one time, there are between 10 and 30 people on the list. Top al-Qaeda leaders Osama bin Laden and Ayman al-Zawahiri are on the list from the very beginning. In 2002, Defense Secretary Donald Rumsfeld will secretly authorize the killing of top targets anywhere in the world (see July 22, 2002), increasing the danger of being named on the list. In 2010, Anwar al-Awlaki will be added to the list. This will be the first time a US citizen is added. [Reuters, 5/12/2011] The CIA already had prepared a list of high-value targets it thought deserved to be assassinated before 9/11 (see Shortly After September 11, 2001).

Entity Tags: George W. Bush, Al-Qaeda, Central Intelligence Agency, Osama bin Laden, US Military, Ayman al-Zawahiri, US Department of Justice

Timeline Tags: Complete 911 Timeline, War in Afghanistan

On September 19, 2001, Cofer Black, head of the CIA’s Counterterrorist Center, speaks to Gary Berntsen, a CIA officer who is about to lead the first unit of CIA operatives into Afghanistan. Black tells Berntsen that President Bush has signed a new intelligence order. As Black will put it in 2002, the gloves are off (see September 26, 2002). Black orders Berntsen: “You have one mission. Go find the al-Qaeda and kill them. We’re going to eliminate them. Get bin Laden, find him. I want his head in a box.… I want to take it down and show the president.” Berntsen replies, “Well, that couldn’t be any clearer.” [Washington Post, 11/18/2002] Indeed, two days before Bush, signed new orders giving the CIA broad new powers (see September 17, 2001 and September 17, 2001). Bernsten and his team arrive in Afghanistan on September 26 (see September 26, 2001).

Entity Tags: Cofer Black, Gary Berntsen, Central Intelligence Agency, Counterterrorist Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Mustafa Ahmed Alhawsawi.Mustafa Ahmed Alhawsawi. [Source: FBI]In 2000, the 9/11 hijackers receive money from a man using “Mustafa Ahmed al-Hisawi” and other aliases. On September 8-11, 2001, the hijackers send money to a man in the United Arab Emirates who uses the aliases “Mustafa Ahmed,” “Mustafa Ahmad,” and “Ahamad Mustafa.” Soon the media begins reporting on who this 9/11 “paymaster” is, but his reported names and identities will continually change. The media has sometimes made the obvious connection that the paymaster is Saeed Sheikh—a British financial expert who studied at the London School of Economics, undisputedly sent hijacker Mohamed Atta money the month before the attacks, made frequent trips to Dubai (where the money is sent), and is known to have trained the hijackers. However, the FBI consistently deflects attention to other possible explanations, with a highly confusing series of names vaguely similar to Mustafa Ahmed or Saeed Sheikh:
bullet September 24, 2001: Newsweek reports that the paymaster for the 9/11 attacks is someone named “Mustafa Ahmed.” [Newsweek, 10/1/2001] This refers to Mustafa Mahmoud Said Ahmed, an Egyptian al-Qaeda banker who was captured in Tanzania in 1998 then later released. [Sydney Morning Herald, 9/28/2001; Newsday, 10/3/2001]
bullet October 1, 2001: The Guardian reports that the real name of “Mustafa Mohamed Ahmad” is “Sheikh Saeed.” [Guardian, 10/1/2001] A few days later, CNN confirms from a “senior-level US government source” that this “Sheik Syed” is the British man Ahmed Omar Saeed Sheikh rescued from an Indian prison in 1999. [CNN, 10/6/2001; CNN, 10/8/2001] However, starting on October 8, the story that ISI Director Lt. Gen. Mahmood Ahmed ordered Saeed to give Mohamed Atta $100,000 begins to break. References to the 9/11 paymaster being the British Saeed Sheikh (and the connections to the ISI Director) suddenly disappear from the Western media (with one exception [CNN, 10/28/2001] ).
bullet October 2001: Other articles continue to use “Mustafa Mohammed Ahmad” or “Shaykh Saiid” with no details of his identity, except for suggestions that he is Egyptian. There are numerous spelling variations and conflicting accounts over which name is the alias. There is an Egyptian al-Qaeda financier leader named Mustafa Abu al-Yazid who uses some variant of Saeed Sheikh as an alias. [Evening Standard, 10/1/2001; BBC, 10/1/2001; Newsday, 10/3/2001; Associated Press, 10/6/2001; Washington Post, 10/7/2001; Sunday Times (London), 10/7/2001; Knight Ridder, 10/9/2001; New York Times, 10/15/2001; Los Angeles Times, 10/20/2001]
bullet October 16, 2001: CNN reports that the 9/11 paymaster “Sheik Sayid” is mentioned in a May 2001 trial of al-Qaeda members. However, this turns out to be a Kenyan named Sheik Sayyid el Masry. [Day 7. United States of America v. Usama bin Laden, et al., 2/20/2001; United States of America v. Usama bin Laden, et al., Day 8, 2/21/2001; CNN, 10/16/2001]
bullet November 11, 2001: The identity of 9/11 paymaster “Mustafa Ahmed” is suddenly no longer Egyptian, but is now a Saudi named Sa’d Al-Sharif, who is said to be bin Laden’s brother-in-law. [United Nations, 3/8/2001; Newsweek, 11/11/2001; Associated Press, 12/18/2001]
bullet December 11, 2001: The federal indictment of Zacarias Moussaoui calls the 9/11 paymaster “Mustafa Ahmed al-Hawsawi a/k/a ‘Mustafa Ahmed,’” and gives him Sa’d’s nationality and birth date. [MSNBC, 12/11/2001] Many articles begin adding “al-Hawsawi” to the Mustafa Ahmed name. [Washington Post, 12/13/2001; Washington Post, 1/7/2002; Los Angeles Times, 1/20/2002]
bullet January 23, 2002: As new information is reported in India, the media returns to the British Saeed Sheikh as the 9/11 paymaster. [Los Angeles Times, 1/23/2002; Daily Telegraph, 1/24/2002; Independent, 1/24/2002; Daily Telegraph, 1/27/2002] While his role in the kidnapping of Daniel Pearl is revealed on February 6, many articles connect him to 9/11, but many more do not. Coverage of Saeed’s 9/11 connections generally dies out by the time of his trial in July 2002.
bullet June 4, 2002: Without explanation, the name “Shaikh Saiid al-Sharif” begins to be used for the 9/11 paymaster, presumably a combination of Saeed Sheikh and S’ad al-Sharif. [Associated Press, 6/5/2002; Independent, 9/15/2002; Associated Press, 9/26/2002; San Francisco Chronicle, 11/15/2002] Many of the old names continue to be used, however. [New York Times, 7/10/2002; Time, 8/4/2002; Los Angeles Times, 9/1/2002; Chicago Tribune, 9/5/2002; Knight Ridder, 9/8/2002; Knight Ridder, 9/9/2002; Washington Post, 9/11/2002; Los Angeles Times, 12/24/2002]
bullet June 18, 2002: FBI Director Mueller testifies that the money sent in 2000 is sent by someone named “Ali Abdul Aziz Ali” but the money in 2001 is sent by “Shaikh Saiid al-Sharif.” The 9/11 Commission will later identify Aziz Ali as Khalid Shaikh Mohammed’s nephew and agree with Mueller that he sent the money in 2000. [US Congress, 9/26/2002; 9/11 Commission, 7/24/2004, pp. 1]
bullet September 4, 2002: Newsweek says “Mustafa Ahmad Adin al-Husawi,” presumably Saudi, is a deputy to the Egyptian “Sayyid Shaikh Al-Sharif.” However, it adds he “remains almost a total mystery,” and they are unsure of his name. [Newsweek, 9/4/2002]
bullet December 26, 2002: US officials now say there is no such person as Shaikh Saiid al-Sharif. Instead, he is probably a composite of three different people: “[Mustafa Ahmed] Al-Hisawi, Shaikh Saiid al-Masri, al-Qaeda’s finance chief, and Saad al-Sharif, bin Laden’s brother-in-law and a midlevel al-Qaeda financier.” [Associated Press, 12/27/2002] Shaikh Saiid al-Masri is likely a reference the Kenyan Sheik Sayyid el Masry. Note that, now, al-Hisawi is the assistant to Shaikh Saiid, a flip from a few months before. Saiid and/or al-Hisawi still haven’t been added to the FBI’s official most wanted lists. [London Times, 12/1/2001; Federal Bureau of Investigation, 2002; Wall Street Journal, 6/17/2002] Despite the confusion, the FBI isn’t even seeking information about them. [Federal Bureau of Investigation, 2/14/2002] Mustafa Ahmed al-Hawsawi is said to be arrested with Khalid Shaikh Mohammed in Pakistan in 2003, but no photos of him are released, and witnesses of the supposed arrest did not see al-Hawsawi or Mohammed there (see February 29 or March 1, 2003). [Reuters, 3/3/2003] A few weeks later, it will be reported that “the man US intelligence officials suspected of being al-Qaeda’s financial mastermind, Sheik Said al-Masri, remains at large.” [Business Week, 3/17/2003]

Entity Tags: Federal Bureau of Investigation, Khalid Shaikh Mohammed, Daniel Pearl, Mohamed Atta, Al-Qaeda, Ali Abdul Aziz Ali, Khalid el-Masri, Ahamad Mustafa, Mustafa, Mahmood Ahmed, Mustafa Ahmed al-Hawsawi, Sayyid Shaikh Al-Sharif, Mustafa Abu al-Yazid, Mustafa Ahmad Adin al-Husawi, Sa’d Al-Sharif, Saeed Sheikh, Mustafa Ahmed al-Hisawi, Osama bin Laden, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

A classified FBI report on this date indicates that alleged hijacker associate Osama Basnan has long-time links to both the bin Laden family and the Saudi government. The report states that Basnan has “been determined to have known Osama bin Laden’s family in Saudi Arabia and to have telephonic contact with members of bin Laden’s family who are currently in the US.” It also states, “The possibility of [Basnan] being affiliated with the Saudi Arabian Government or the Saudi Arabian Intelligence Service is supported by [Basnan] listing his employment in 1992 as the—.” Unfortunately, the rest of that sentence remains redacted. The report further notes that the fact that in July 2001 Basnan moved into the same San Diego apartment building where hijackers Nawaf Alhazmi, Khalid Almihdhar, and hijacker associate Omar al-Bayoumi lived right after al-Bayoumi moved away “could indicate he succeeded Omar al-Bayoumi and may be undertaking activities on behalf of the Government of Saudi Arabia” (see June 23-July 2001). The FBI report, which will be obtained by the website Intelwire.com in 2008, is heavily redacted, and all mentions of Basnan’s name appear to be redacted. However, one can sometimes determine when Basnan is being referred to. For instance, the same paragraph that mentions his link to the bin Laden family also says the same person with that link hosted a party for Sheikh Omar Abdul-Rahman in 1992, and press reports have indicated that person was Basnan (see October 17, 1992). [Federal Bureau of Investigation, 10/3/2001 pdf file]

Entity Tags: Federal Bureau of Investigation, Osama Basnan, Omar Abdul-Rahman, Omar al-Bayoumi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

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

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

Entity Tags: Patrick J. Leahy, Tom Daschle

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [Savage, 2007, pp. 127-128]

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Muslim World League logo.
Muslim World League logo. [Source: Muslim World League]The International Islamic Relief Organization (IIRO) and the Muslim World League (MWL) are Saudi charities directly financed by the Saudi government. In 1996, the CIA gave the State Department a report detailing evidence that the IIIRO supported terrorism. It claimed the IIRO has funded Hamas and six militant training camps in Afghanistan, and one funder of the Bojinka plot to blow up airplanes over the Pacific was the head of the IIRO office in the Philippines (see January 1996). US intelligence officials also believe that MWL employees were involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Harper’s magazine claims that it has long been known that both groups helped fund al-Qaeda. However, in October 2001, it is reported that the Bush administration has left the two organizations off an October 12, 2001 list of designated terrorist groups to spare the Saudi government from embarrassment (see October 12, 2001). In March 2002, the Virginia offices of the IIRO and MWL will be raided by US Customs agents (see March 20, 2002). [Harper's, 3/2004] In September 2003, it will be reported that US officials recently gave Saudi officials a detailed documenting the IIRO’s terrorism links and asked the Saudis to close all of the organization’s overseas offices. [New York Times, 9/26/2003] However, as of January 2006, it will be reported that it appears the overseas offices of the IIRO and MWL are still open and the US has not officially declared either group to be terrorist sponsors. The US will still be complaining to the Saudis about these two organizations and others, and the Saudis will still not do anything about them (see January 15, 2006).

Entity Tags: International Islamic Relief Organization, Bush administration (43), Saudi Arabia, Muslim World League

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Niger Uranium and Plame Outing

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

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

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

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

Serhane Abdelmajid Fakhet.Serhane Abdelmajid Fakhet. [Source: Spanish Interior Ministry]Serhane Abdelmajid Fakhet, later considered one of about three masterminds of the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), is already being monitored by Spanish intelligence. On this day, he is photographed with Barakat Yarkas, leader of al-Qaeda’s main cell in Spain. Yarkas will be arrested for an alleged role in the 9/11 attacks less than a month later (see November 13, 2001). [El Mundo (Madrid), 8/16/2005] Fakhet had been under surveillance since 2000. [Irujo, 2005, pp. 182-186] He will allegedly blow himself up not long after the bombings (see 9:05 p.m., April 3, 2004). There are allegations that he was an informant at least by 2003 (see Shortly After October 2003). Also seen in the pictures are Yusuf Galan, another member of Yarkas’s cell who will be arrested with Yarkas and later convicted (see September 26, 2005), and Mouhannad Almallah, who has been under surveillance since at least 1998. Almallah will later be sentenced to 12 years in prison for a role in the Madrid bombings (see October 31, 2007). [El Mundo (Madrid), 10/27/2004]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Barakat Yarkas, Mouhannad Almallah, Yusuf Galan

Timeline Tags: Complete 911 Timeline

Khalfan Khamis Mohamed.Khalfan Khamis Mohamed. [Source: FBI]Four men are sentenced to life in prison for their roles in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The four are:
bullet Wadih El-Hage.
bullet Khalfan Khamis Mohamed.
bullet Mohamed al-Owhali.
bullet Mohammed Saddiq Odeh. [CNN, 10/21/2001]
Another man in custody for the embassy bombings, Mamdouh Mahmud Salim, attempted to stab a prison guard and was removed from the trail and eventually given 32 years in prison for the stabbing instead. [CNN, 5/4/2004] Double agent Ali Mohamed is also in custody and pleads guilty for a role in the bombings, but he is never sentenced and his fate remains murky (see July 2001-December 2001). A New York jury considered the death penalty for some of them, but deadlocked on that and opted for life in prison without parole instead. Over a dozen people remain wanted for their alleged roles in the embassy bombings, including all of the suspected masterminds. [CNN, 10/21/2001]

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Khalfan Khamis Mohamed, Ali Mohamed, Mamdouh Mahmud Salim, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Shortly after the US invasion of Afghanistan (see October 19, 2001), the CIA takes control of an abandoned brick factory, and turns it into a training facility and secret prison. The facility, code-named the “Salt Pit,” is a 10-acre facility just north of Kabul. It is used to train Afghan counterterrorism forces and to house prisoners. The agency intends the Salt Pit to be a “host-nation facility,” manned and operated entirely by Afghans, in part so that CIA officials cannot be held accountable for the actions taken by the Afghan guards and interrogators. Similar methodologies are used in secret CIA prisons in other countries. However, the CIA pays the entire cost of maintaining the facility. It vets the guards who work there, and decides which prisoners will be kept in the facility, including some senior al-Qaeda operatives who will eventually be transferred to other facilities such as Guantanamo. Sometime before March 2005, the CIA will transfer its operations to another facility, and the Salt Pit will be demolished. [ABC News, 11/18/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Gary Berntsen, leader of the CIA effort in Afghanistan, names the four most wanted terrorist suspects in Afghanistan at a meeting of his team. They are al-Qaeda leader Osama bin Laden, his second in command Ayman al-Zawahiri, al-Qaeda military commander Mohammed Atef, and Khalid Shaikh Mohammed (KSM). Berntsen places one of his subordinates in charge of these four men, giving orders to “find and kill” them. Berntsen also wants the Taliban’s top three intelligence officials killed. [Berntsen and Pezzullo, 2005, pp. 114] While the connections between the other three and al-Qaeda are well known by this time, the US government apparently first develops information indicating KSM is the mastermind behind 9/11 during FBI questioning of military training camp facilitator Abu Zubaida around April 2002. [New York Times, 4/22/2009] However, KSM is an known terrorist and one of the top 22 fugitives named by the FBI the previous month (see October 10, 2001).

Entity Tags: Khalid Shaikh Mohammed, Ayman al-Zawahiri, Gary Berntsen, Mohammed Atef, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: US International Relations

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: US International Relations

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. [USA Today, 7/24/2008; Reuters, 7/24/2008] Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

Entity Tags: Robert Fuller, Craig Donnachie, Salim Ahmed Hamdan, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Abdullah Tabarak.Abdullah Tabarak. [Source: Public domain]As US forces close in on Tora Bora, bin Laden’s escape is helped by a simple ruse. A loyal bodyguard named Abdallah Tabarak takes bin Laden’s satellite phone and goes in one direction while bin Laden goes in the other. It is correctly assumed that the US can remotely track the location of the phone. Tabarak is eventually captured with the phone while bin Laden apparently escapes. Tabarak is later put in the US-run Guantanamo Bay prison in Cuba. Interrogation of him and others in Tora Bora confirm the account. [Washington Post, 1/21/2003] This story indicates bin Laden was still at least occasionally using satellite phones long after media reports that the use of such phones could reveal his location (see February 9-21, 2001). The US will consider Tabarak such a high-value prisoner that at one point he will be the only Guantanamo prisoner that the Red Cross will be denied access to. However, in mid-2004 he will be released and returned to his home country of Morocco, then released by the Moroccan government by the end of the year. Neither the US nor the Moroccan government will offer any explanation for his release. The Washington Post will call the release of the well-known and long-time al-Qaeda operative an unexplained “mystery.” [Washington Post, 1/30/2006]

Entity Tags: Abdallah Tabarak, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

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

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: US International Relations

Britain passes the Anti-Terrorism Crime and Security Act, a controversial piece of legislation whose provisions include a ban on sending another person abroad to undergo terrorist training and instruction. The measure was introduced in response to information indicating there were networks in Britain that sent radical Muslims to foreign camps, such as those in Afghanistan. One of the leaders of such a network was extremist cleric Abu Hamza al-Masri, an informer for British security services (see Early 1997). Authors Sean O’Neill and Daniel McGrory will comment, “Yet even after the new laws were introduced, Abu Hamza’s followers continued to disappear off to camps run by outlawed groups, and still nobody in authority laid a finger on him.” [O'Neill and McGrory, 2006, pp. 291]

Entity Tags: Sean O’Neill, Daniel McGrory, Abu Hamza al-Masri

Timeline Tags: Complete 911 Timeline

US bombing in Tora Bora, December 14, 2001.US bombing in Tora Bora, December 14, 2001. [Source: Romeo / Gacad Agence France-Presse]According to author Ron Suskind, on this date bin Laden makes a broadcast on his shortwave radio from somewhere within Tora Bora, Afghanistan. He praises his “most loyal fighters” still fighting in Tora Bora and says “forgive me” for drawing them into a defeat. He says the battle will continue “on new fronts.” Then he leads a prayer and leaves Tora Bora. Suskind says, “With a small band, he escaped on horseback toward the north. The group, according to internal CIA reports, took a northerly route to the province of Nangarhar—past the Khyber Pass, and the city of Jalalabad—and into the province of Konar. That day and the next, much of the remaining al-Qaeda force of about 800 soldiers moved to the south toward Pakistan.” [Suskind, 2006, pp. 74-75 Sources: Ron Suskind] A radio had been captured by US allied forces some days earlier, allowing the US to listen in to bin Laden’s communications (see Late October-Early December 2001). In another account, a professional guide and former Taliban official later claims to have led bin Laden and a group of about 30 at this time on a four day trip into Pakistan and then back into a different part of Afghanistan. [Newsweek, 8/11/2002] Still other accounts have bin Laden heading south into Pakistan at this time instead (see Mid-December 2001). An article in the British Daily Telegraph entitled “Bin Laden’s voice heard on radio in Tora Bora” will appear the very next day, detailing some of these communications. [Daily Telegraph, 12/16/2001]

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A videotape obtained by the CIA shows bin Laden at the end of the Tora Bora battle. He is walking on a trail either in Afghanistan and heading toward Pakistan, or already in Pakistan. Bin Laden is seen instructing his party how to dig holes in the ground to lie undetected at night. A US bomb explodes in the distance. Referring to where the bomb was dropped, he says, “We were there last night.” The existence of this videotape will not be reported until late 2006. [Washington Post, 9/10/2006] In September 2005, the New York Times will report that, “On or about Dec. 16, 2001, according to American intelligence estimates, bin Laden left Tora Bora for the last time, accompanied by bodyguards and aides.… Bin Laden and his men are believed to have journeyed on horseback directly south toward Pakistan.” [New York Times Magazine, 9/11/2005] Other accounts have him heading north into other parts of Afghanistan around this time instead (see December 15, 2001).

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Four prisoners captured at Tora Bora and shown to the media on December 17, 2001.Four prisoners captured at Tora Bora and shown to the media on December 17, 2001. [Source: Getty Images]US-allied forces declare that the battle of Tora Bora has been won. A ten-day ground offensive that began on December 5 has cleared out the remaining Taliban and al-Qaeda forces in Tora Bora. The Afghan war is now widely considered to be over. However, many will later consider the battle a failure because most of the enemy escapes (see December 5-17, 2001), and because the Taliban will later regroup. [Christian Science Monitor, 3/4/2002] The Christian Science Monitor later reports that up to 2,000 Taliban and al-Qaeda were in the area when the battle began. The vast majority successfully fled, and only 21 al-Qaeda fighters were finally captured. [Christian Science Monitor, 3/4/2002] US intelligence analysts later estimate that around 1,000 to 1,100 al-Qaeda fighters and an unknown number of leaders escaped Tora Bora, while Pakistani officials estimate 4,000 fighters plus 50 to 80 leaders escaped (see October 2004). [Knight Ridder, 10/30/2004] Author Ron Suskind will suggest in 2006 that there were just over 1,000 al-Qaeda and Taliban in the area, and of those, 250 were killed or captured. [Suskind, 2006, pp. 75 Sources: Ron Suskind] Bin Laden left the area by December 15, if not earlier (see December 15, 2001 and Mid-December 2001). It is believed that al-Qaeda’s number two leader, Ayman al-Zawahiri, also escaped the area around the same time. [Knight Ridder, 10/20/2002]

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

At the request of CIA Director George Tenet, the White House orders the FBI to hand Ibn al-Shaykh al-Libi, a captured al-Qaeda operative being held in Afghanistan (see December 19, 2001), over to the CIA. One day before the transfer, a CIA officer enters al-Libi’s cell, interrupting an interrogation being conducted by FBI agent Russel Fincher, and tells al-Libi: “You’re going to Cairo, you know. Before you get there I’m going to find your mother and I’m going to f_ck her.” Soon after, al-Libi is flown to Egypt. [Newsweek, 6/21/2004; Washington Post, 6/27/2004; Isikoff and Corn, 2006, pp. 121] The CIA officer will later be identified as “Albert,” a former FBI translator. [Mayer, 2008, pp. 106] Presumably, this is the same former FBI translator named “Albert” who will later threaten al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). [Associated Press, 9/7/2010] Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, will later say: “He’s carried off to Egypt, who torture him. And we know that he’s going to be tortured. Anyone who’s worked on Egypt, has worked on other countries in the Middle East, knows that. Egyptians torture him, and he provides a lot of information.” [PBS Frontline, 6/20/2006]
Provides Mix of Valid, False Information - It is unclear whether al-Libi is interrogated solely by Egyptian officials, or by a combination of Egyptian and CIA interrogators. Al-Libi is subjected to a series of increasingly harsh techniques, including at least one, waterboarding, that is considered torture (see Mid-March 2002). Reputedly, he is finally broken after being waterboarded and then forced to stand naked in a cold cell overnight where he is repeatedly doused with cold water by his captors. Al-Libi is said to provide his Egyptian interrogators with valuable intelligence about an alleged plot to blow up the US Embassy in Yemen with a truck bomb, and the location of Abu Zubaida, who will be captured in March 2002 (see Mid-May 2002 and After). However, in order to avoid harsh treatment he will also provide false information to the Egyptians, alleging that Iraq trained al-Qaeda members in bomb making and poisons and gases. Officials will later determine that al-Libi has no knowledge of such training or weapons, and fabricates the statements out of fear and a desire to avoid further torture. Sources will later confirm that al-Libi did not try to deliberately mislead his captors; rather, he told them what he thought they wanted to hear. [ABC News, 11/18/2005; New York Times, 12/9/2005]
Using Allegations in White House Statements - Both President Bush (see October 7, 2002) and Secretary of State Colin Powell (see February 5, 2003) will include these allegations in major speeches.
Shifting Responsibility for Interrogations to CIA from FBI - The FBI has thus far taken the lead in interrogations of terrorist suspects, because its agents are the ones with most experience. The CIA’s apparent success with al-Libi contributes to the shift of interrogations from the bureau to the CIA. [Washington Post, 6/27/2004] Such methods as making death threats, advocated by the CIA, are opposed by the FBI, which is used to limiting its questioning techniques so the results from interrogations can be used in court. [Washington Post, 6/27/2004] “We don’t believe in coercion,” a senior FBI official says. [Guardian, 9/13/2004]

Entity Tags: “Albert”, Russell Fincher, George J. Tenet, Vincent Cannistraro, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

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

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

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

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

White House lawyers Alberto Gonzales and David Addington visit Guantanamo Bay. On the flight back, Gonzales agrees with Addington that all Guantanamo detainees should be designated eligible for trial by military commission under the president’s November 13 Military Order (see January 20, 2002). [New York Times, 10/24/2004]

Entity Tags: David S. Addington, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

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