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Context of 'October 6, 2007: Bush Denies US Tortures Prisoners, Says CIA Interrogations Legal'

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describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth.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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

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

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

Margaret Thatcher.Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. [Daily Iowan, 1/19/2006; Janczewski and Colarik, 2007, pp. 454] According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” [ZDNet, 2/25/2000; CBS News, 2/27/2000]

Entity Tags: Communications Security Establishment, Mike Frost, Government Communications Headquarters, Margaret Thatcher

Timeline Tags: Civil Liberties

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. [CBS News, 2/27/2000; Patrick S. Poole, 8/15/2000]

Entity Tags: Strom Thurmond, National Security Agency, House Intelligence Committee, Louis Stokes, Echelon, Cleveland Plain Dealer, Lockheed Martin Corporation, Margaret Newsham

Timeline Tags: Civil Liberties

One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out).One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out). [Source: National Geographic]FBI agents photograph Islamic radicals shooting weapons at the Calverton Shooting Range on Long Island, New York. The radicals are secretly monitored as they shoot AK-47 assault rifles, semiautomatic handguns, and revolvers for four successive weekends. The use of weapons such as AK-47’s is illegal in the US, but this shooting range is known to be unusually permissive. Ali Mohamed is apparently not at the range but has been training the five men there: El Sayyid Nosair, Mahmud Abouhalima, Mohammed Salameh, Nidal Ayyad, and Clement Rodney Hampton-El. Nosair will assassinate Rabbi Meir Kahane one year later (see November 5, 1990) and the others, except Hampton-El, will be convicted of the 1993 World Trade Center bombing (see February 26, 1993), while Hampton-El will be convicted for a role in the “Landmarks” bombing plot (see June 24, 1993). Some FBI agents have been assigned to watch some Middle Eastern men who are frequenting the Al-Kifah Refugee Center in Brooklyn. Each weekend, Mohamed’s trainees drive from Al-Kifah to the shooting range and a small FBI surveillance team follows them. The FBI has been given a tip that some Palestinians at Al-Kifah are planning violence targeting Atlantic City casinos. By August, the casino plot will have failed to materialize and the surveillance, including that at the shooting range, will have come to an end. Author Peter Lance will later comment that the reason why the FBI failed to follow up the shooting sessions is a “great unanswered question.” [Lance, 2003, pp. 29-33; New York Times, 10/5/2003]

Entity Tags: Mahmud Abouhalima, Peter Lance, Mohammed Salameh, Nidal Ayyad, Federal Bureau of Investigation, Clement Rodney Hampton-El, El Sayyid Nosair, Calverton Shooting Range, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

In July 1990, the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, was mysteriously able to enter the US and remain there despite being a well known public figure and being on a watch list for three years (see July 1990).
bullet In late October 1990, he travels to London, so he is out of the US when one of his followers assassinates the Zionist rabbi Meir Kahane on November 5, 1990 (see November 5, 1990). He returns to the US in mid-November under the name “Omar Ahmed Rahman” and again has no trouble getting back in despite still being on the watch list. [Washington Post, 7/13/1993]
bullet The State Department revokes his US visa on November 17 after the FBI informs it that he is in the US. [New York Times, 12/16/1990]
bullet In December 1990, Abdul-Rahman leaves the US again to attend an Islamic conference in Copenhagen, Denmark. He returns nine days later and again has no trouble reentering, despite not even having a US visa at this point. [Washington Post, 7/13/1993]
bullet On December 16, 1990, the New York Times publishes an article titled, “Islamic Leader on US Terrorist List Is in Brooklyn,” which makes his presence in the US publicly known. The Immigration and Nationalization Service (INS) is said to be investigating why he has not been deported already. [New York Times, 12/16/1990]
bullet Yet in April 1991, the INS approves his application for permanent residence.
bullet He then leaves the US again in June 1991 to go on the religious hajj to Mecca, Saudi Arabia, and returns on July 31, 1991. INS officials identify him coming in, but let him in anyway. [New York Times, 4/24/1993; Washington Post, 7/13/1993]
bullet In June 1992, his application for political asylum will be turned down and his permanent residence visa revoked. But INS hearings on his asylum bid are repeatedly delayed and still have not taken place when the WTC is bombed in February 1993 (see February 26, 1993). [Lance, 2003, pp. 105-106]
bullet Abdul-Rahman then goes to Canada around October 1992 and returns to the US yet again. The US and Canada claim to have no documentation on his travel there, but numerous witnesses in Canada see him pray and lecture there. Representative Charles Schumer (D-NY) says, “Here they spent all this time trying to get him out. He goes to Canada and gives them the perfect reason to exclude him and they don’t.”
bullet After the WTC bombing, the US could detain him pending his deportation hearing but chooses not to, saying it would be too costly to pay for his medical bills. [New York Times, 4/24/1993]
Abdul-Rahman will be involved in the follow up “Landmarks” plot (see June 24, 1993) before finally being arrested later in 1993. It will later be alleged that he was protected by the CIA. In 1995, the New York Times will comment that the link between Abdul-Rahman and the CIA “is a tie that remains muddy.” [New York Times, 10/2/1995]

Entity Tags: US Department of State, Meir Kahane, US Immigration and Naturalization Service, Omar Abdul-Rahman, Charles Schumer, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Counterterrorism expert Rohan Gunaratna will later write that Khalid Shaikh Mohammed (KSM) first “earned his spurs” in al-Qaeda by serving as one of Osama bin Laden’s first bodyguards. Then, in 1991, bin Laden sends KSM to the Philippines where he trains members of the militant groups Abu Sayyaf and the Moro Islamic Liberation Front (MILF) in bomb making and assassination. He works with bin Laden’s brother-in-law Mohammed Jamal Khalifa to establish an operational base there and also in Malaysia. Presumably he also works with his nephew Ramzi Yousef, who trains Abu Sayyaf militants the same year (see December 1991-May 1992). Gunaratna says that “After proving himself an outstanding organizer, [KSM] was given substantial operational authority and autonomy by bin Laden.” However, KSM’s work with the Abu Sayyaf and MILF is soon discovered and he “has been on the run since 1991.” KSM will return with Yousef to the Philippines in 1994 to exploit the network they built and develop the Bojinka plot (see January 6, 1995). [Gunaratna, 2003, pp. xxiv-xxix]

Entity Tags: Osama bin Laden, Abu Sayyaf, Mohammed Jamal Khalifa, Khalid Shaikh Mohammed, Ramzi Yousef, Moro Islamic Liberation Front

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hambali, an important future al-Qaeda leader, moves to the village of Sungai Manggis, Malaysia, about an hour north of the capital of Kuala Lumpur. Hambali is from nearby Indonesia and fought in Afghanistan with Osama bin Laden in the late 1980s. He starts off poor, working at odd jobs, but soon is frequently traveling and has many overseas visitors. Intriguingly, Hambali’s landlord will later say of Hambali’s visitors, “Some looked Arab and others white.” Hambali plays a major role in the 1995 Bojinka plot in the Philippines (see January 6, 1995), and after that plot is foiled he continues to live in his simple Sungai Manggis house. [Time, 4/1/2002; Los Angeles Times, 9/1/2002] Living near Hambali in this village are other regional Islamist militant leaders such as Abdullah Sungkar, Imam Samudra (allegedly a key figure in the 2000 Christmas bombings (see December 24-30, 2000) and the 2002 Bali bombings (see October 12, 2002)), Abu Bakar Bashir, the spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah, and Abu Jibril. So many militants live in this village that it becomes known as “Terror HQ” to intelligence agencies. Sungkar and Bashir are considered the two most well-known militant leaders in Southeast Asia at the time (Sungkar dies of old age in 1999). Hambali’s house is directly across from Bashir’s and they are considered friends. [Tempo, 10/29/2002; Ressa, 2003] Interestingly, Fauzi Hasbi, an Indonesian government mole posing as a militant leader, lives next door to Bashir as well. [SBS Dateline, 10/12/2005] Despite his role in the Bojinka plot, Hambali continues to live there very openly. Beginning in March 1995, just two months after the plot was foiled, Hambali throws his first feast for several hundred guests to mark a Muslim holiday. This becomes an annual party. He also sometimes travels to Indonesia. [Time, 4/1/2002] By May 1999, if not earlier, the FBI connects Hambali to the Bojinka plot (see May 23, 1999). In January 2000, he attends a key al-Qaeda summit in nearby Kuala Lumpur. The CIA gets pictures and video footage of him at the meeting and already has pictures of him from a computer linked to the Bojinka plot (see January 5-8, 2000 and January 5, 2000). However, there is no apparent effort to apprehend him, extradite him, or even put him on a public wanted list. He continues to live in Sungai Manggis until at least late 2000. [Conboy, 2003]

Entity Tags: Fauzi Hasbi, Abu Bakar Bashir, Hambali, Abdullah Sungkar, Jemaah Islamiyah, Abu Jibril, Imam Samudra

Timeline Tags: Complete 911 Timeline

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Ramzi Yousef, the future bomber of the WTC in 1993, stays in the Philippines and trains militants there in bomb-making. According to Philippine intelligence documents, Yousef had developed expertise in bomb-making and worked at a training camp at Khost, Afghanistan, teaching bomb-making for militants connected to bin Laden. But bin Laden dispatches him to the Philippines, where he trains about 20 militants belonging to the Abu Sayyaf group. Abu Sayyaf is heavily penetrated by Philippine undercover operatives at this time, especially Edwin Angeles, an operative who is the second in command of the group. Angeles will later recall that Yousef is introduced to him at this time as an “emissary from bin Laden.” [Strategic Studies Institute of the US Army War College, 9/1/2005 pdf file] Angeles also claims Yousef decided to use the Philippines as a “launching pad” for terrorist acts around the world. [New York Times, 9/6/1996] One of Abu Sayyaf’s top leaders will later recall that Yousef also brings a significant amount of money to help fund the group. [Philippine Daily Inquirer, 1/22/2007; CNN, 1/31/2007] A flow chart of Yousef’s associates prepared in early 1995 by Angeles’ Philippines handler Rodolfo Mendoza shows a box connected to Abu Sayyaf labeled “20 trainees/recruits.” So presumably the Philippine government is aware of this information by then, but it is not known when they warned the US about it (see Spring 1995). Yousef will also later admit to planning the 1993 WTC bombing at an Abu Sayyaf base, which most likely takes place at this time (see Early 1992). The ties between Yousef and Abu Sayyaf will grow stronger, culminating in the 1995 Bojinka plot (see January 6, 1995), an early version of the 9/11 plot.

Entity Tags: Ramzi Yousef, Abu Sayyaf, Edwin Angeles, Rodolfo Mendoza

Timeline Tags: Complete 911 Timeline

Al-Qaeda operative Khalil Deek runs military training camps in Southern California in the early 1990s. Those trained in the camps include followers of the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, and some of the people involved in the 1993 “Landmarks” plot (see June 24, 1993). Deek is a member of an al-Qaeda sleeper cell based in Orange County and has reportedly been under investigation by US intelligence since the late 1980s (see Late 1980s). Rita Katz, a private counterterrorism expert who sometimes works with US officials, will learn of these camps when speaking to an FBI agent in early 2002. According to Katz, she is told that the FBI had known about the camps for “years” but had not acted because of the “wall” between criminal and intelligence investigations. The FBI agent will tell Katz that the information about the camps was “Intel information. Unusable.” [Katz, 2003, pp. 186-187] Deek also attracts attention for his suspected involvement with Al-Gama’a al-Islamiyya, the militant group led by Abdul-Rahman, because of the group’s plans “to bomb a Masonic temple in Los Angeles.” [LA Weekly, 9/15/2005] Katz will conclude that “the FBI had learned that Deek was running military training camps for al-Qaeda in California and was planning to blow up various American targets. And the agency let these people go about their business undisturbed.” [Katz, 2003, pp. 186-187] Around the same time, Deek also works in Bosnia for a charity suspected of funneling weapons and new recruits to the mujaheddin fighting there (see Early 1990s). In late 1999, Deek will be captured overseas for participation in a planned millennium bombing (see December 11, 1999). It will later be alleged that he was a mole for the Jordanian government (see Shortly After December 11, 1999).

Entity Tags: Rita Katz, Khalil Deek, Al-Qaeda, Al-Gama’a al-Islamiyya, Federal Bureau of Investigation, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Apparently the bin Laden guest house where Yousef lived.Apparently the bin Laden guest house where Yousef lived. [Source: National Geographic]According to Pakistani investigators, Ramzi Yousef spends most of this time at the Beit Ashuhada guesthouse (translated as House of Martyrs) in Peshawar, Pakistan, which is funded by Osama bin Laden. Pakistani investigators reveal this bin Laden-Yousef connection to US intelligence in March 1995. The CIA will publicly reveal this in 1996. [Central Intelligence Agency, 1996 pdf file; Tenet, 2007, pp. 100] While living there, Yousef receives help and financing from two unnamed senior al-Qaeda representatives. [Reeve, 1999, pp. 47] Yousef will be arrested at another nearby bin Laden safe house in February 1995 (see February 7, 1995) with bin Laden’s address found in his pocket. [London Times, 10/18/1997] During these years, Yousef takes long trips to the US in preparation of the WTC bombing (see February 26, 1993) and the Philippines, where several plots are developed (see January 6, 1995). He also uses an al-Qaeda influenced mosque in Milan, Italy, as a logistical base (see 1995-1997).

Entity Tags: Osama bin Laden, Al-Qaeda, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Clement Rodney Hampton-El, one of the 1993 “Landmarks” bombers (see June 24, 1993), is summoned to the Saudi Embassy in Washington and told that wealthy Saudis are sponsoring fighters in Bosnia. Hampton-El has longstanding links to the International Islamic Relief Organization (IIRO), which is closely tied to the Saudi government (see October 12, 2001). He is given $150,000 to recruit and train people in the US to fight in Bosnia. [Schindler, 2007, pp. 121-122] He starts a militant training camp in Pennsylvania that same month (see December 1992-Early February 1993) and gets $150,000 overseas from a bin Laden linked charity front (it is not known if this is the same $150,000 or additional money) (see Late 1992-Early 1993). The Saudi embassy also introduces him to a radical imam named Bilal Philips. Philips, a Canadian citizen and author on Islamic topics, has been employed by the Saudi government since early 1991 to proselytize among US soldiers stationed in Saudi Arabia (see March-September 1991). Philips gives Hampton-El a list of likely candidates who are ex-US soldiers that Philips recently helped convert to Islam. [Schindler, 2007, pp. 121-122] That same month, 14 ex-US soldiers go to Bosnia to fight and train there (see December 1992-June 1993). They are led by double agent Ali Mohamed, who, like Hampton-El, is closely tied to the Al-Kifah Refugee Center in New York.

Entity Tags: Bilal Philips, Clement Rodney Hampton-El, Saudi Embassy (US)

Timeline Tags: Complete 911 Timeline

Mohammed Abouhalima.Mohammed Abouhalima. [Source: Corbis]Siddig Siddig Ali, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Mohammed Abouhalima, and others train at a militant training camp in New Bloomfield, Pennsylvania, with weapons and ammunition provided by Yahya and Clement Rodney Hampton-El (see February 21, 1995). Abouhalima will later be convicted for a role in the 1993 WTC bombing, as will his brother (see February 26, 1993) while the others mentioned will be convicted for roles in the related “Landmarks” plot (see June 24, 1993). [USA v. Omar Ahmad Ali Abdel-Rahman et al, 7/13/1995, pp. 9] Yahya is the chief instructor, as he is an ex-US Marine who served two tours in Vietnam and teaches at a martial arts academy. Siddig Ali will later say of Yahya, “[H]e’s decorated and has a lot of medals… [and he was] a great trainer…” The training even includes mock nighttime assaults on a nearby electric power substation. [Kohlmann, 2004, pp. 73] An FBI informant named Garrett Wilson helps lead the FBI to the camp, and the FBI monitors it for two days, January 16 and 17, but the monitoring team is mysteriously pulled away before the end of the second day (see January 16-17, 1993). In a wiretapped conversation with an FBI informant (most likely Wilson), Siddig Ali says regarding the camp, “Our goal is that these people get extensive and very, very, very good training, so that we can get started at anyplace where jihad (holy war) is needed… And after they receive their training, they go to Bosnia… And whoever survives, I mean, could come and [instruct] somewhere else, or Egypt, or any other place, etc…” [Kohlmann, 2004, pp. 73] Hampton-El makes trips to Europe to pick up money from the Third World Relief Agency (TWRA) charity front to fund the camp (see Late 1992-Early 1993). TWRA is funneling huge amounts of weapons into Bosnia in violation of a UN embargo but with the tacit approval of the US (see Mid-1991-1996).

Entity Tags: Siddig Siddig Ali, Mohammed Abouhalima, Clement Rodney Hampton-El, Garrett Wilson, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

Mohammed Fazazi.Mohammed Fazazi. [Source: Heise.de]Radical Moroccan imam Mohammed Fazazi gives weekly sermons at the Al-Quds mosque in Hamburg, Germany, which is attended by key members of the 9/11 plot, including Mohamed Atta, Marwan Alshehhi, Ziad Jarrah, and Ramzi bin al-Shibh (see Early 1996 and (April 1, 1999)). The mosque first opens in 1993. Fazazi, who also makes videotapes that are watched by Islamist radicals throughout Europe, strongly believes that democracy and Western values must be rejected by Muslims living in the West, who should respect only their own Koranic laws. He often preaches that European countries are conducting a war against Islam and that “smiting the head of the infidels” is the duty of all Muslims, mandated by God. [Vidino, 2006, pp. 225-6] In one videotaped sermon, he says, “The Jews and crusaders must have their throats slit.” [Washington Post, 9/11/2002] In another sermon in early 2001, he will suggest that all non-Muslims in the world should be killed (see Early 2001). In the late 1990s, Fazazi, a Moroccan citizen, also starts preaching at a mosque in Morocco near where his family lives. But he will continue to preach at Al-Quds until late 2001 (see Mid-September-Late 2001). He is believed to be the spiritual leader of the Moroccan violent militant group Salafia Jihadia, and he will later be convicted in Morocco for his part in bombings in Casablanca (see May 16, 2003). [Vidino, 2006, pp. 225-6]

Entity Tags: Ziad Jarrah, Mohammed Fazazi, Marwan Alshehhi, Mohamed Atta, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline

Clement Rodney Hampton-El.Clement Rodney Hampton-El. [Source: Jolie Stahl]FBI investigators begin monitoring Clement Rodney Hampton-El’s house in New York as they close in on the militants involved in the “Landmarks” plot (see June 24, 1993). They listen in on a call from Hampton-El’s right-hand man, Abu Ubaidah Yahya, as he is in Vienna, Austria, picking up money from the Third World Relief Agency (TWRA) for the militants in the US tied to the Landmarks plot. Over the next few months, Yahya is tracked as he makes several trips from the US to Vienna, picking up about $100,000. [Miller, Stone, and Mitchell, 2002, pp. 113] Hampton-El had also been in Vienna earlier in the year, picking up more money from TWRA for the plotters (see Late 1992-Early 1993). TWRA is funneling a huge amount of weapons to Muslim Bosnia in violation of a UN embargo but with the tacit approval of the US government (see Mid-1991-1996). It also has ties to radical militants like bin Laden and Sheikh Omar Abdul-Rahman. The Washington Post will later report that, “Intelligence agencies say they have tapes of telephone calls by Abdul-Rahman to [TWRA’s] office.” The “Landmarks” bombers are closely associated with Abdul-Rahman and will be convicted along with him. [Washington Post, 9/22/1996] A secret 1996 CIA report will state that “according to a foreign government service” Elfatih Hassanein, the head of TWRA, “supports US Muslim extremists in Bosnia.” [Central Intelligence Agency, 1/1996] But apparently the US does not go after TWRA for its ties to the “Landmarks” plotters and the connection will not be publicized for years.

Entity Tags: Federal Bureau of Investigation, Clement Rodney Hampton-El, Abu Ubaidah Yahya, Elfatih Hassanein, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

In the wake of the 1993 WTC bombing (see February 26, 1993), Emad Salem is rehired as an FBI informant. Because Salem has the confidence of the group around the “Blind Sheikh” Omar Abdul-Rahman connected to the bombing, the FBI is so desperate to hire him back that they pay him over $1 million to return. It takes time for Salem to fully regain confidences, but on April 23, 1993, Siddig Siddig Ali approaches Salem and asks him to participate in a series of bombings that he is planning. Siddig Ali explains that he wants to simultaneously bomb four landmarks in New York City: the Lincoln and Holland tunnel, the United Nations headquarters, and the New York FBI office. This will later be known as the “Landmarks” plot. Siddig Ali later tells Salem that he has friends in the Sudanese Embassy who had approved the plan and are willing to help with diplomatic license plates and credentials. Wearing a wire, over the next weeks Salem meets and records others participating in the plot. Many of them, including Siddig Ali, attended a training camp the FBI briefly monitored back in January 1993 (see January 16-17, 1993). [Miller, Stone, and Mitchell, 2002, pp. 113-114] The FBI will expand its surveillance of the plotters and roll up the plot a couple of months later (see June 24, 1993). The US will later eject two Sudanese diplomats, Siraj Yousif and Ahmed Yousif Mohamed, for suspicions of involvement in the plot. Both are said to be intelligence agents posing as diplomats. Later in 1993, the US also places Sudan on a list of terrorist countries. [New York Times, 8/18/1993; New York Times, 4/11/1996]

Entity Tags: Ahmed Yousif Mohamed, Siraj Yousif, Federal Bureau of Investigation, Emad Salem, Siddig Siddig Ali

Timeline Tags: Complete 911 Timeline

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

The “Blind Sheikh,” Sheikh Omar Abdul-Rahman, is arrested in Brooklyn after a long stand off. The “Landmarks” plot was rolled up on June 24, 1993, and many of Abdul-Rahman’s close associates were arrested on that day (see June 24, 1993). But Abdul-Rahman moved to the Abu Bakr mosque and stayed there. His presence in a mosque and the many supporters that gathered to surround it makes his arrest difficult. But after long negotiations, on July 3, 1993, he is arrested on immigration charges and taken to prison. [New York Times, 7/3/1993] He will later be charged with a role in the “Landmarks” plot and eventually sentenced to life in prison. [New York Times, 1/18/1996]

Entity Tags: Abu Bakr Mosque, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Khalid Shaikh Mohammed in a 1998 FBI wanted poster.Khalid Shaikh Mohammed in a 1998 FBI wanted poster. [Source: FBI]9/11 mastermind Khalid Shaikh Mohammed (KSM) lives in the Philippines for a year, planning Operation Bojinka until the plot is exposed in January 1995 and he has to flee (see January 6, 1995). Police later say he lives a very expensive and non-religious lifestyle. He goes to karaoke bars and go-go clubs, dates go-go dancers, stays in four-star hotels, and takes scuba diving lessons. Once he rents a helicopter just to fly it past the window of a girlfriend’s office in an attempt to impress her. This appears to be a pattern; for instance, he has a big drinking party in 1998. [Los Angeles Times, 6/24/2002] Officials believe his obvious access to large sums of money indicate that some larger network is backing him by this time. [Los Angeles Times, 6/6/2002] One of the participants in Bojinka is a Pakistani businessman with alleged ties to the ISI and the drug trade. This Pakistani is said to use counterfeit US currency to help fund the Bojinka plot (see September 18-November 14, 1994). It has been suggested that KSM, a Pakistani, is able “to operate as he please[s] in Pakistan” during the 1990s [Los Angeles Times, 6/24/2002] , and he is linked to the Pakistani ISI by 1993 (see Spring 1993). His hedonistic time in the Philippines resembles reports of hijackers Mohamed Atta and Marwan Alshehhi in the Philippines in 1998-2000 (see December 1999). KSM returns to the Philippines occasionally, and he is even spotted there after 9/11 (see September 1998-January 1999).

Entity Tags: Khalid Shaikh Mohammed, Operation Bojinka

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A young Indonesian nicknamed Hambali forms a front company that ties al-Qaeda figures to the Bojinka plot (see January 6, 1995), an early version of the 9/11 plot. Hambali had fought in Afghanistan in the late 1980’s, repeatedly met with bin Laden there, and allied himself to bin Laden’s cause. In 1994, Hambali, living in a village north of Kuala Lumpur, Malaysia, began frequently receiving visitors. According to his landlord, “Some looked Arab and others white.” There has been no explanation who these “white” visitors may have been. Hambali had been very poor prior to this time, but he is suddenly “flush with newfound cash” brought by the visitors. In June 1994, he founds a front company called Konsonjaya with Wali Khan Amin Shah, a key Bojinka plotter, and both their names are listed on the eight-person board of directors. Shah fought with bin Laden in Afghanistan, and bin Laden will even admit knowing him and praise him in an 1998 interview (see May 28, 1998). Philippine police phone taps show that frequent calls are made from the Konsonjaya offices in Malaysia to the Philippines offices of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who is also believed to be part of the Bojinka plot (see 1994). [Time, 4/1/2002] A Malaysian official will later say that Hambali spends time in the Philippines with Shah and bomber Ramzi Yousef in 1994 as they plan the Bojinka plot. [Washington Post, 2/3/2002] Mohammed Amin al-Ghafari, another Konsonjaya director, makes frequent trips from Malaysia to the Philippines while planning for the Bojinka plot is under way, and he is later believed to play a key role in financing the plot. In early 1995, after the Bojinka plot is broken up, one of the arrested Bojinka plotters will confess to Konsonjaya’s role in the plot (see February-Early May 1995) and a Philippine investigator’s flow chart of the Bojinka plotters and their connections will prominently include Konsonjaya (see Spring 1995). However, neither the Philippine nor US government appears interested in capturing Hambali, al-Ghafari, or the others involved in Konsonjaya before 9/11. [Los Angeles Times, 6/24/2002; Contemporary Southeast Asia, 12/1/2002] Hambali will continue to live openly in Malaysia, even throwing a party every year for hundreds of people (see April 1991-Late 2000). He will go on to plan other al-Qaeda attacks and will attend a key planning meeting for the 9/11 plot in 2000 (see January 5-8, 2000). [Time, 4/1/2002] Al-Ghafari will finally be deported in 2002 after years of police protection (see October 8-November 8, 2002).

Entity Tags: Wali Khan Amin Shah, Ramzi Yousef, Mohammed Amin al-Ghafari, Konsonjaya, Hambali, Mohammed Jamal Khalifa, Operation Bojinka

Timeline Tags: Complete 911 Timeline

Bomber Ramzi Yousef trains with members of the Abu Sayyaf, a Philippine militant group. He sneaks into the Philippines by boat to the southern island of Basilan, where Abu Sayyaf influence is strong. He tries to teach about 20 Abu Sayyaf operatives about explosives, but is frustrated by their inability to learn. After a few weeks, he goes to Manila to make the bombs needed for the planned Bojinka plot (see January 6, 1995) himself. However, some Abu Sayyaf militants are involved in the Bojinka plot, though details of their exact roles are scarce (see Late 1994-January 1995). There will be additional training in December 1994, involving five Filipinos and more foreigners (see January 3, 1995). [Reeve, 1999, pp. 72; Ressa, 2003, pp. 25-28] Trusted al-Qaeda operative and fellow Bojinka plotter Wali Khan Amin Shah also trains the Abu Sayyaf. [Miller, Stone, and Mitchell, 2002, pp. 139]

Entity Tags: Wali Khan Amin Shah, Ramzi Yousef, Abu Sayyaf

Timeline Tags: Complete 911 Timeline

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

White separatist Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, October 12, 1993 - January 1994, and February - July 1994) flees the scene of a robbery he has committed in Arkansas and goes to Council Grove, Kansas, where he has rented a storage locker (see November 7, 1994), and then to Las Vegas, to stash the proceeds of the robbery with his ex-wife, Lana Padilla (see November 5, 1994 and November 6, 1994). Nichols makes plans to leave for the Philippines to visit his family in Cebu City, and leaves a note to be opened only if he does not return (see Late 1992-Early 1993 and Late 1994) by January 28, 1995—days after the terrorist plot Operation Bojinka was to be executed (see January 6, 1995). Nichols leaves the US on November 11.
Opening the Note - Padilla, fearing her ex-husband has left her a suicide note, opens it after taking Nichols to the airport. The note, titled “Read and Do Immediately,” instructs Padilla to send all of Nichols’s cash and valuables, including the loot from the robbery, to his wife Marife Nichols in Cebu City (see July - December 1990). Some of the cash and valuables, he says, is in a Las Vegas storage unit, and some is hidden in Padilla’s kitchen, behind a wooden panel in the back of her kitchen utility drawer. “As of now, only Marife, you, and myself know what there is and where it is. I hope you will do as I have stated. Josh has just a few years before he’s capable of being on his own and Marife and Nicole [Nichols’s young daughter by Marife—see (September 30, 1994)] have many more years of support needed. There is no need to tell anyone about the items in storage and at home.” After reading the note, Padilla is convinced Nichols intends to kill himself. She follows the directions in the note, breaks through the wooden panel behind her utility drawer, and finds $20,000 in cash in a plastic baggie.
Note to Fellow Bombing Conspirator - The note also contains two letters to Nichols’s fellow conspirator in the Oklahoma City bombing plan, Timothy McVeigh (see September 13, 1994, October 20, 1994, and 8:35 a.m. - 9:02 a.m. April 19, 1995), both addressed to “Tim.” The first tells McVeigh how to access the Las Vegas storage locker and where his blue pickup truck will be parked for his use if he needs it. Padilla drives to the Las Vegas storage locker and finds a box of carved jade, camera equipment, precious stones, and a ski mask. Much of this material will later be connected to the Arkansas robbery. The second letter to McVeigh instructs him to “clear everything out of CG 37” and to “also liquidate 40,” apparently referring to two storage lockers Nichols has rented in Council Grove (see October 17, 1994, and November 7, 1994) under the alias “Ted Parker,” which contain, among other items, a store of explosive fertilizer and some of the guns stolen in the Arkansas robbery. If he chooses, Nichols writes, McVeigh can pay for further rentals on the lockers instead of clearing them out. He warns McVeigh about possible law enforcement attention, writing: “As far as heat—none that I know. This letter would be for the purpose of my death.” The letter concludes: “Your [sic] on your own. Go for it!” Based on the instructions regarding the fertilizer, federal authorities will come to believe that Nichols is instructing McVeigh to go ahead with plans to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Return to the US - Nichols will return to the US on January 16, 1995 and, after staying a few days at Padilla’s home in Las Vegas, settle in Herington, Kansas, a tiny town not far from the ranch where he recently worked (see (September 30, 1994)). [New York Times, 5/28/1995; PBS Frontline, 1/22/1996; New York Times, 11/20/1997; Washington Post, 12/24/1997; Serrano, 1998, pp. 112-114; Douglas O. Linder, 2001; Nicole Nichols, 2003]
Later Attempts to Explain Letter, Actions - In his statement to the FBI (see 3:15 p.m. and After, April 21-22, 1995), Nichols will claim to have returned to the US on November 17. The indictment against Nichols will allege that he rented a storage locker in Las Vegas on November 16, based in part on his FBI statement. These dates do not correspond with other evidence showing Nichols remains in the Philippines until January 16. A chronology of events compiled by McVeigh’s lawyers (see Early 2005) also has McVeigh staying in Arkansas and New Mexico motels with Nichols in mid-December 1994. These contradictions are never adequately explained. [PBS Frontline, 1/22/1996] Nichols will also tell authorities that the phrase “Go for it!” is nothing more than an innocent reference to an old sales pitch he and his ex-wife had used in the early days of their marriage. The government authorities will not believe Nichols’s explanation. [Serrano, 1998, pp. 114] After the bombing, Padilla will tell authorities that Nichols gave her a key to a storage locker at the AAAABCO storage facility in Las Vegas, as stated in his note. The locker, she will say, contained thousands of dollars in gold and silver bouillon, tubular pipe, ski masks, and other items (see May 9, 1995 and May 11, 1995), many of which will be linked to the Arkansas robbery. After the bombing, FBI investigators will find a key to a safe-deposit box from the robbery in Nichols’s Herington home (see (February 20, 1995)) along with other items from the robbery. [New York Times, 5/9/1995; New York Times, 5/12/1995; New York Times, 5/28/1995; New York Times, 11/20/1997]

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

Timeline Tags: US Domestic Terrorism

Avelino “Sonny” Razon.Avelino “Sonny” Razon. [Source: Canadian Broadcasting Corp.]In December 1994, Philippine police reportedly begin monitoring a Pakistani businessman by the name of Tariq Javed Rana. According to Avelino Razon, a Philippine security official, the decision to put Rana under surveillance is prompted by a report that “Middle Eastern personalities” are planning to assassinate Pope John Paul II during his upcoming January 1995 visit to Manila. “[We] had one man in particular under surveillance—Tariq Javed Rana, a Pakistani suspected of supporting international terrorists with drug money. He was a close associate of Ramzi Yousef,” Razon later recalls. But it is possible that police began monitoring Rana before this date. In September, the Philippine press reported that he was a suspect in an illegal drug manufacturing ring, and the US embassy in Manila received a tip that Rana was linked to the ISI and was part of a plot to assassinate President Clinton during his November 1994 visit to Manila (see September 18-November 14, 1994). [CounterPunch, 3/9/2006] While under surveillance in December, Rana’s house burns down. Authorities determine that the fire was caused by nitroglycerin which can be used to improvise bombs. One month later, a fire caused by the same chemical is started in Ramzi Yousef’s Manila apartment (see January 6, 1995), leading to the exposure of the Bojinka plot to assassinate the Pope and crash a dozen airplanes. [Contemporary Southeast Asia, 12/1/2002; CounterPunch, 3/9/2006] Rana is arrested by Philippine police in early April 1995. It is announced in the press that he is connected to Yousef and that he will be charged with investment fraud. He is said to have supported the militant group Abu Sayyaf and to have helped Yousef escape the Philippines after the fire in Yousef’s apartment. A search of the Lexis Nexus database shows there have been no media reports about Rana since his arrest. Around the same time as his arrest, six other suspected Bojinka plotters are arrested, but then eventually let go (see April 1, 1995-Early 1996). [Associated Press, 4/2/1995]

Entity Tags: Tariq Javed Rana, Abu Sayyaf, Ramzi Yousef, Avelino Razon, Pakistan Directorate for Inter-Services Intelligence, John Paul II

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohammed Jamal Khalifa.Mohammed Jamal Khalifa. [Source: CBS News]Mohammed Jamal Khalifa, a brother-in-law to bin Laden, is arrested in the US. He is held for visa fraud, but he is believed to be a major terrorist. His arrest takes place at a Holiday Inn in Morgan Hill, California. [San Francisco Chronicle, 10/24/2001] That is only about 20 miles from Santa Clara, where double agent Ali Mohamed is running an al-Qaeda cell (see 1987-1998). Counterterrorism expert Steven Emerson will later say of Khalifa and Mohamed, “It seems to me that they were probably in contact. I’m basing that only intuitively on the fact that they were in the same area, they were close to bin Laden, and they would’ve had an incentive to stay together.” [Lance, 2006, pp. 167] According to one account, Khalifa is arrested on behalf of the government of Jordan, because he is on trial there. [San Francisco Chronicle, 10/24/2001] Another account claims that Philippine authorities “tipped off Federal authorities on Khalifa’s movements.” [Filipino Reporter, 4/27/1995] He is traveling on a Saudi passport. He’d flown into the US from London on December 1 and has papers indicating he would be heading back to the Philippines. [Lance, 2006, pp. 158-159] It has been claimed that the CIA helped him get his US visa (see December 1, 1994). There are many reasons for US authorities to suspect Khalifa is a major terrorist figure:
bullet He is arrested with Mohammed Loay Bayazid, one of the dozen or so original members of al-Qaeda. Bayazid had attempted to purchase nuclear material for bin Laden the year before (see December 16, 1994).
bullet Philippine investigators had recently completed a secret report on terrorist funding. The report focuses on Khalifa, and says his activities in the Philippines strongly link with Muslim extremist movements in Iraq, Jordan, Turkey, Russia, Malaysia, the United Arab Emirates, Romania, Lebanon, Syria, Pakistan, Albania, the Netherlands, and Morocco. It calls a charity which Khalifa runs a “pipeline through which funding for the local extremists is being coursed.” Perhaps not coincidentally, the report was released just one day before Khalifa’s arrest in the US (see December 15, 1994).
bullet His possessions, which are quickly examined and translated, include a handwritten manual in Arabic detailing how to set up a terrorist curriculum at a school in the Philippines, giving lessons in bomb-making and assassination. [San Francisco Chronicle, 10/24/2001]
bullet Khalifa’s business card was discovered in a search of the New York City residence of Sheikh Omar Abdul-Rahman in 1993 (see August 1993).
bullet He is an unindicted coconspirator in the “Landmarks” bombings plot, which would have killed thousands in New York City. The trial is getting underway at this time. Abdul-Rahman will be convicted and sentenced to over 300 years in prison (see June 24, 1993).
bullet A State Department cable from days after his arrest states Khalifa is a “known financier of terrorist operations and an officer of an Islamic NGO in the Philippines that is a known Hamas front.”
bullet An alias is found in his personal organizer that was also used in a bomb-making manual brought into the US by Ahmad Ajaj, Ramzi Yousef’s travel partner, when the two of them came to the US to implement the 1993 World Trade Center bombing (see September 1, 1992).
bullet Bojinka plotter Wali Khan Amin Shah’s phone number is found in Khalifa’s possessions. The Bojinka plot, if successful, also would have killed thousands (see January 6, 1995). [Lance, 2006, pp. 158-159]
bullet A number in Pakistan that Ramzi Yousef had used to call the Philippines is found as well. Author Peter Lance will later note that such numbers “should have led the FBI directly to Ramzi Yousef, the world’s most wanted man” at the time. [Lance, 2006, pp. 160]
However, despite this wealth of highly incriminating material, within weeks of his arrest the US will decide to deport him to Jordan (see January 5, 1995). Over the next four months, even more of his links to terrorist activity will be discovered (see Late December 1994-April 1995). But Khalifa will be deported anyway (see April 26-May 3, 1995), and then soon freed in Jordan (see July 19, 1995).

Entity Tags: Ramzi Yousef, Steven Emerson, US Department of State, Wali Khan Amin Shah, Philippines, Ahmad Ajaj, Peter Lance, Mohammed Loay Bayazid, Ali Mohamed, Osama bin Laden, Federal Bureau of Investigation, Mohammed Jamal Khalifa, Jordan, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

News reports will later reveal that a Philippine government undercover operative working with the Philippine militant group Abu Sayyaf was deeply involved in the Bojinka plot, an early version of the 9/11 plot. Edwin Angeles, an uncover operative so deeply imbedded in Abu Sayyaf that he was actually the group’s second in command, gave up his cover in February 1995 (see Early February 1995), weeks after the Bojinka plot was foiled (see January 6, 1995). In 1996, the New York Times will report that according to US investigators, “Angeles said he worked alongside [Ramzi] Yousef as he planned the details of the [Bojinka] plot.” [New York Times, 8/30/1996] The Advertiser, an Australian newspaper, reports that after giving up his cover, Angeles reveals that Abdurajak Janjalani, the leader of Abu Sayyaf, and Abu Sayyaf generally, had a “far greater role in the plot to assassinate the Pope and blow up the US airliners than foreign intelligence agencies had previously thought. He said he had met Yousef several times in the Manila flat…” Unlike the New York Times, which only reported that Angeles switched sides in February 1995, the Advertiser notes that “many people believe” Angeles “was a military-planted spy” all along. [Advertiser, 6/3/1995] This will be confirmed in later news reports, and in fact Angeles secretly had worked for Philippine intelligence since the formation of Abu Sayyaf in 1991 (see 1991-Early February 1995). It is not clear what Angeles may have told his government handlers while the Bojinka plot was in motion, if anything.

Entity Tags: Ramzi Yousef, Abdurajak Janjalani, Abu Sayyaf, Edwin Angeles

Timeline Tags: Complete 911 Timeline

In early 1995, the Bojinka plot, an early version of the 9/11 plot that would have killed thousands, is foiled in the Philippines (see January 6, 1995). It is quickly learned that Mohammed Jamal Khalifa, bin Laden’s brother-in-law, helped fund the plot while living in the Philippines as regional director of the Saudi-based charity, the Islamic International Relief Organization (IIRO). Wali Khan Amin Shah, a known bin Laden associate and Bojinka plotter, also was an employee of the IIRO in the Philippines. Yet the Philippine branch of the IIRO will remain open until 2000, apparently because of political pressure from Saudi Arabia. Even then, the IIRO is allowed to continue funding projects in the Philippines through a branch office in a neighboring country. One Philippine senior intelligence official will later complain, “We could not touch the IIRO.” [Institute of Defense and Strategic Studies, 3/7/2003 pdf file] Counterterrorism expert Zachary Abuza will note that the IIRO is a “very well connected charity, whose supporters include the Saudi royal family and the top echelon of Filipino society.” One board member of “the IIRO Philippine office was, not coincidentally, the Saudi Ambassador.” [Contemporary Southeast Asia, 8/1/2003] In 1996, a secret CIA report will conclude that the IIRO is funding radical militant groups in many countries, including the Philippines, but the US will not move against it either (see January 1996). Another Philippines-based Islamic charity, the International Relations and Information Center (IRIC), is also connected to the Bojinka plot. The IRIC’s director is Ahmad al-Hamwi (better known by his alias Omar Abu Omar), who is the brother of Khalifa’s Philippine wife. Investigators determine that most of the funding for the Bojinka plot went through a bank account controlled by al-Hamwi. As a result, the IRIC is shut down in 1995 and al-Hamwi leaves the country. However, its operations and staff is taken over by another Islamic charity headed by Mohammed Amin al-Ghafari. Al-Ghafari is also a close associate of Khalifa and is believed to have been involved in the Bojinka plot as well (see June 1994). Al-Ghafari will finally be deported in 2002 after years of police protection (see October 8-November 8, 2002). [Washington Post, 12/30/2001; Institute of Defense and Strategic Studies, 3/7/2003 pdf file; Australian, 4/8/2006] Al-Hamwi will be granted asylum in Australia in 1996 and will continue to live there even after media reports expose his presence there and his ties to Islamic militancy (see July 6, 1995-June 26, 1996). [Australian, 4/8/2006] US will finally officially declare the IIRO’s Philippine branch a terrorism funder in late 2006 (see August 3, 2006).

Entity Tags: Zachary Abuza, Operation Bojinka, Mohammed Amin al-Ghafari, International Relations and Information Center, Mohammed Jamal Khalifa, Ahmad al-Hamwi, International Islamic Relief Organization, Wali Khan Amin Shah

Timeline Tags: Complete 911 Timeline

Two businessmen inform Philippine police that they heard explosions and saw Middle Eastern men engaged in what appeared to be military-type training on a remote beach two hours from Manila. Police quickly investigate and discover a partially burned Bible and pamphlets preaching a radical version of Islam. As a result, police go on red alert and several days later will foil the Bojinka plot (see January 6, 1995). An investigation conducted the following month will conclude that there were 20 people taking part in military-styled training on the beach from the last week of December until January 2. Fifteen of them were foreign nationals, from Egypt, Palestine, and Pakistan. [Vitug and Gloria, 2000, pp. 222-223; Ressa, 2003, pp. 33] Ramzi Yousef is likely elsewhere at the time, but a beach house at this training location was rented by him. [Reeve, 1999, pp. 86] Despite the suggestion that large numbers of people are involved in the Bojinka plot, the US will apparently lose interest in the case after detaining just three of the plotters. Later in 1995, the Philippine government will arrest several dozen suspected foreign terrorists and then let them go (see April 1, 1995-Early 1996). [Vitug and Gloria, 2000, pp. 222-223; Ressa, 2003, pp. 33]

Entity Tags: Philippine National Police, Operation Bojinka, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bomb making materials found in Yousef’s Manila apartment.Bomb making materials found in Yousef’s Manila apartment. [Source: CNN]After a late night raid of the Manila, Philippines, apartment central to the Bojinka plot (see January 6, 1995), investigators find what the Los Angeles Times will call “an intelligence gold mine.” [Los Angeles Times, 9/1/2002] Very quickly, a team of US intelligence agents joins Philippine investigators to sort through the evidence, which fills three police vans. Investigators are able to match fingerprints in the apartment with fingerprints on record for Ramzi Yousef, already believed to be the mastermind behind the 1993 World Trade Center bombing (see February 26, 1993). There are priests’ robes, pipe bombs, a dozen passports, chemicals, maps of the Pope’s planned route through Manila, and more. [Washington Post, 9/30/2001; Los Angeles Times, 9/1/2002] “The most damning information was gleaned from Yousef’s notebook computer, and four accompanying diskettes.” The data is encrypted and in Arabic, but technicians are quickly able to decipher and translate it. [Washington Post, 9/30/2001] Computer data includes “the names of dozens of associates, and photos of some; a record of five-star hotels; and dealings with a trading corporation in London, a meat market owner in Malaysia, and an Islamic center in Tucson, Ariz.… They describe how money moved through an Abu Dhabi banking firm.” [Washington Post, 9/23/2001] Photographs of all five operatives who would place bombs on airplanes are recovered from a deleted computer file. [Los Angeles Times, 5/28/1995] Wali Khan Amin Shah is identified from one of these five photos, plus a list of cell phone numbers found on the hard drive. He is traced to another Manila apartment and arrested on January 11. Under interrogation, Shah, who soon escapes from custody in unexplained circumstances (see January 13, 1995), confesses that most of the funds for the Bojinka plot were channeled to Yousef through a bank account belonging to Ahmad al-Hamwi, a Syrian working at the International Relations and Information Center (IRIC), a charity front run by Mohammed Jamal Khalifa, Osama bin Laden’s brother-in-law. [Washington Post, 9/30/2001] But despite these leads, Ramzi Yousef is the only other person successfully arrested based on all this data (and Yousef’s arrest will largely be due to an informant responding to an existing tip off program (see February 7, 1995)). The Philippine government will arrest other Bojinka plotters later in the year, including another one of the five operatives assigned to place bombs on the planes, but they will all be released (see April 1, 1995-Early 1996). Al-Hamwi is never arrested, while Khalifa is actually in US custody at the time of the Bojinka raid but is soon let go (see April 26-May 3, 1995). The IRIC will be closed down, but its operations are immediately taken over by another close associate of Khalifa (see 1995 and After).

Entity Tags: Ramzi Yousef, Operation Bojinka, Wali Khan Amin Shah, International Relations and Information Center, Abdul Hakim Murad, Mohammed Jamal Khalifa, Ahmad al-Hamwi

Timeline Tags: Complete 911 Timeline

As the Bojinka plot is foiled (see January 6, 1995), a document found on Ramzi Yousef’s computer spells out the Bojinka plotters’ broad objectives. “All people who support the US government are our targets in our future plans and that is because all those people are responsible for their government’s actions and they support the US foreign policy and are satisfied with it.… We will hit all US nuclear targets. If the US government keeps supporting Israel, then we will continue to carry out operations inside and outside the United States to include…” At this point, the document comes to a halt in mid-sentence. [Washington Post, 9/23/2001] Khalid Shaikh Mohammed, much more than Ramzi Yousef, is the mastermind of the Bojinka plot. He will continue to work on the plot until it eventually morphs into the 9/11 attack. [Associated Press, 6/25/2002] Philippine Gen. Renado De Villa will later state, “They didn’t give up the objective.” Captured Bojinka plotter Abdul Hakim Murad “clearly indicated it was a large-scale operation. They were targeting the US. And they had a worldwide network. It was very clear they continued to work on that plan until someone gave the signal to go.” [Washington Post, 9/23/2001]

Entity Tags: Ramzi Yousef, Abdul Hakim Murad, Khalid Shaikh Mohammed, Renado De Villa

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wali Khan Amin Shah.Wali Khan Amin Shah. [Source: Associated Press]Bojinka plotter Wali Khan Amin Shah is arrested in the Philippines on January 11, 1995, and he quickly implicates Khalid Shaikh Mohammed (KSM) as a key member in the Bojinka plot. The Bojinka plot was exposed on January 6, and the plotters attempt to flee the Philippines, but Shah gets caught (see January 6, 1995). He is found with a detonating cord, mercury, a quartz timer, springs for a pistol, a firing pin, and other incriminating items. He tells interrogators that he was given these items by KSM. Shah escapes just two days after his arrest (see January 13, 1995). An interrogation report containing the above information will be made the same day. Shah refers to KSM by the aliases Adam Ali and Abu Khalid. (It is not clear when investigators realize these aliases refer to KSM.) [Fouda and Fielding, 2003, pp. 100, 103] In 1996, an al-Qaeda informant will reveal that Shah is a key al-Qaeda operative, so KSM could have been linked to al-Qaeda through Shah (see June 1996).

Entity Tags: Khalid Shaikh Mohammed, Wali Khan Amin Shah

Timeline Tags: Complete 911 Timeline

Wali Khan Amin Shah, a conspirator in the Bojinka plot that was recently broken up by Philippine police (see January 6, 1995), escapes from prison just two days after he was arrested (see January 11, 1995). The circumstances of the escape are not known in detail. Based on interviews with counterterrorism officials, the New York Times will only write that Shah “somehow escaped from jail.” [New York Times, 12/13/1995; Ressa, 2003, pp. 43] Shah was one of only two conspirators seized around this time (see January 7-11, 1995), and was being held illegally. At the Bojinka trial in New York in 1996, a Philippine police official will admit that Shah was detained without having been properly arrested, advised of his rights, or arraigned before a judge, all of which is required by Philippine law. The official, Alex Paul Monteagudo, will also admit that a search of Shah’s apartment was conducted without a warrant and the items seized there were not subjected to forensic analysis. [New York Times, 8/1/1996]

Entity Tags: Wali Khan Amin Shah, Alex Paul Monteagudo

Timeline Tags: Complete 911 Timeline

One of the Bojinka plotters, Abdul Hakim Murad, confesses the importance of Khalid Shaikh Mohammed (KSM) in a number of plots. Murad was arrested on January 6, 1995 (see January 6, 1995), and within days he begins freely confessing a wealth of valuable information to Philippine interrogator Colonel Rodolfo Mendoza. Murad does not know KSM’s real name, but uses an alias known to investigators. Mendoza will write in a January 1995 report given to US officials that KSM was one of the main Bojinka plotters attempting to blow up US-bound airliners over the Pacific Ocean. In addition, he says KSM worked with Ramzi Yousef to “plan the bombing of the World Trade Center in 1993” (see February 26, 1993). He also says that KSM “supervised the plan to assassinate Pope John Paul II with a pipe bomb during a visit to the Philippines,” which was part of the Bojinka plot. [Gunaratna, 2003, pp. xxvii] Over the next few months, Murad will give up more information about KSM in further interrogation, for instance revealing that KSM has been in the US and is planning to come back to the US for flight training (see April-May 1995). Yet despite all these revelations, US intelligence will remain curiously uninterested in KSM despite knowing that he is also Yousef’s uncle. Counterterrorism expert Rohan Gunaratna will later comment that Murad’s confessions about KSM “were not taken seriously” by US intelligence. [Gunaratna, 2003, pp. xxvii]

Entity Tags: Ramzi Yousef, Abdul Hakim Murad, Khalid Shaikh Mohammed, John Paul II, Rodolfo Mendoza, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109.Sections of the unindicted co-consiprator list for the “Landmarks” plot trial. Osama bin Laden is 95 and Ali Mohamed is 109. [Source: National Geographic]In February 1995, the US government files a confidential court document listing bin Laden and scores of other people as possible co-conspirators in the 1993 New York City “Landmarks” plot (see June 24, 1993). Ali Mohamed’s name is on the list, confirming that investigators are aware of his involvement in al-Qaeda operations. Yet he continues to live openly in California. Mohamed obtains the document, though it is not clear how he obtained it. [9/11 Commission, 6/16/2004; 9/11 Commission, 7/24/2004, pp. 472] US prosecutor Patrick Fitzgerald will later state that when Mohamed’s California residence is finally searched in 1998 (see August 24, 1998), investigators discover “a sensitive sealed document from the trial of Sheik Omar Abdul Rahman with notations indicating that [he sent it] to the head of the Kenyan al-Qaeda cell for delivery to bin Laden. I shudder to think of the people who may read this statement and where it may be found some day.” [9/11 Commission, 6/16/2004] A later government indictment will say that Mohamed sent the list to Wadih El-Hage in Kenya who was told to hand deliver it to bin Laden in Afghanistan. [Washington Post, 8/1/1999] If that is not enough to prove Mohamed’s duplicity, when El-Sayyid Nosair is defended in this trial, Nosair’s lawyers will expose more evidence about Mohamed. They argue that Nosair’s activities were part of a US-sponsored covert operation to train and arm the mujaheddin. They argue that Mohamed was the key link in this operation, and present evidence and witnesses showing how Mohamed trained the bomb plotters in 1989 (see July 1989). They mention the classified military manuals that Mohamed stole and gave the group (see November 5, 1990). Mohamed’s name and role in these activities come out publicly during the trial, and the Washington Post reports in 1998 that after hearing this testimony,“the FBI began to focus on Mohamed as a potential terrorism suspect.” Yet both US intelligence and al-Qaeda apparently continue to work with him. [New York Times, 10/30/1998; New York Times, 10/31/1998]

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald, Osama bin Laden, United States, Ali Mohamed, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

A Boston Globe article publicly exposes Ali Mohamed, calling him “a shadowy individual described by defense attorneys as a key figure in the largest terrorism trial in US history.” The trial is the prosecution of Sheikh Omar Abdul-Rahman and others for the 1993 “Landmarks” bombing plot (see June 24, 1993). The Globe article notes that Mohamed was in the US Special Forces and connects him to both Abdul-Rahman’s radical militant group and the CIA. A senior US official claims that Mohamed’s “presence in the country is the result of an action initiated by [the CIA].” The article further states, “Senior officials say Mohamed, who is of Egyptian origin, benefited from a little known visa-waiver program that allows the CIA and other security agencies to bring valuable agents into the country, bypassing the usual immigration formalities. Intelligence sources say that waivers are controlled by the CIA’s Department of Operations, the clandestine side of the agency, and have been used ‘sparingly’ in recent years. Waivers are generally used to bring into the country people who have served the agency in sensitive positions overseas. They come here, an intelligence officer said, because they fear for their lives, have been promised asylum in return for cooperation, or need to be debriefed after an operation.” According to the article, “Mohamed dropped out of sight several years ago, and his whereabouts remain unknown.” But in fact, the FBI interviewed him three months earlier and remains aware of his whereabouts (see December 9, 1994). Mohamed will continue to work with al-Qaeda despite this exposure. [Boston Globe, 2/3/1995]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Ali Mohamed

Timeline Tags: Complete 911 Timeline

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

Many of the Bojinka plotters are arrested in the Philippines and then let go. On April 1, the Philippines police arrest six foreigners, who are from Jordan, Syria, Lebanon, Oman, and the United Arab Emirates. They seize a cache of weapons and explosives in their apartments. It is announced the men have ties to Sheikh Omar Abdul-Rahman and Ramzi Yousef and that they are being charged with stockpiling illegal firearms. [New York Times, 4/3/1995; New York Times, 4/8/1995; South China Morning Post, 12/19/1995] On December 30, 15 more suspects are arrested. This group is made up of Iraqi, Sudanese, Saudi, and Pakistani nationals. They are found with guns and explosives. One of them is identified as Ramzi Yousef’s twin brother Abd al-Karim Yousef, who had been using the alias Adel Anon. [New York Times, 12/31/1995] Philippine authorities claim that not only were these men involved in the Bojinka plot (see January 6, 1995), but they were also planning to assassinate President Fidel Ramos and commanders of the Philippines army and national police. [CNN, 1/3/1996] Edwin Angeles had been an undercover operative posing as a top leader in the Abu Sayyaf militant group (see Late 1994-January 1995 and Early February 1995), and now he leads the investigation to capture these men based on what he knew about them when he was in Abu Sayyaf. However, he later claims that not all of them were guilty and that some of them were framed by the planting of weapons and other evidence. He goes public with this complaint in early 1996. All of the men are released on bail and then all of them jump bail. Some flee the Philippines while others stay and go into hiding. [Philippine Daily Inquirer, 7/10/2001; Contemporary Southeast Asia, 12/1/2002] It is not known what happens to most of these men after their release. But one of the men arrested in March 1995, Hadi Yousef Alghoul, will be arrested in the Philippines again in late 2001. He will be found with nearly 300 sticks of dynamite and accused of involvement in other plots as well (see December 26, 2001). In 2003, it will be reported that Abd al-Karim Yousef was recently traveling with Khalid Shaikh Mohammed (KSM), and in the wake of KSM’s 2003 arrest he is capable of taking over as al-Qaeda’s operational commander. [Washington Post, 3/4/2003; Time, 3/8/2003] It has not been explained why the Philippines did not turn him over to the US, since the US had put out an alert for him in March 1995, shortly after his brother Ramzi Yousef was arrested. [New York Times, 3/20/1995]

Entity Tags: Hadi Yousef Alghoul, Edwin Angeles, Omar Abdul-Rahman, Abd al-Karim Yousef, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

Newsday reports, “Some crucial computer evidence against notorious terrorist suspect Ramzi Yousef has been destroyed, and the FBI has begun an investigation into whether the CIA is responsible…” After the Bojinka plot was foiled in the Philippines (see January 6, 1995), a computer hard drive and several floppy discs were discovered in Yousef’s Manila apartment and found to contain a great deal of useful evidence. Pictures and phone numbers recovered from the hard drive led to the arrest of another Bojinka plotter just days later (see January 7-11, 1995). The computer files were copied by Philippine authorities and then turned over to the CIA. The CIA then “provided the FBI with a summary of the files, indicating they contained detailed information about Yousef’s coconspirators in the United States and overseas, including their names, addresses and in some cases, even phone numbers.… But when the CIA turned over the actual computer and disks, Justice Department experts determined that at least three separate computer deletion programs had been used to erase some of the data, law-enforcement sources said.” One US law-enforcement official complains, “We had teams of investigators frothing at the mouth to get at Yousef’s network. And we get handed an empty computer. It’s as if we’d been tracking a serial killer and someone intentionally shredded the investigative file.” Officials believe it is not likely the files will ever be recovered. Newsday reports that “The FBI is investigating whether CIA agents or their operatives intentionally destroyed the evidence.” Since Philippine authorities made copies of the files, the FBI has tried to get copies directly from them, but without success. [Newsday, 4/16/1995] A search of the Lexis Nexus database shows no follow up to this story. But only three Bojinka plotters—Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah—are arrested in the years before 9/11, and the rest of the network goes free.

Entity Tags: Federal Bureau of Investigation, Philippines, Ramzi Yousef, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Abdul Hakim Murad is in a US prison awaiting trial for his alleged role in the Bojinka plot (see January 6, 1995). Told about the Oklahoma City bombing that took place earlier in the day (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he immediately takes credit for the bombing on behalf of his associate Ramzi Yousef. However, Yousef, also in US custody at the time, makes no such claim (see 10:00 a.m. April 19, 1995 and After). An FBI report detailing Murad’s claim will be submitted to FBI headquarters the next day. [Lance, 2006, pp. 163-164] A Philippine undercover operative will later claim that Terry Nichols, who will be convicted for a major role in the Oklahoma City bombing, met with Murad, Yousef, and others in the Philippines in 1994, and discussed blowing up a building in Oklahoma and several other locations (see Late 1992-Early 1993 and Late 1994). Counterterrorism “tsar” Richard Clarke will later comment: “Could [Yousef] have been introduced to [Nichols]? We do not know, despite some FBI investigation. We do know that Nichols’s bombs did not work before his Philippine stay and were deadly when he returned.” [Clarke, 2004, pp. 127] Mike Johnston, a lawyer representing the Oklahoma City bombing victims’ families, will later comment: “Why should Murad be believed? For one thing, Murad made his ‘confession’ voluntarily and spontaneously. Most important, Murad tied Ramzi Yousef to the Oklahoma City bombing long before Terry Nichols was publicly identified as a suspect.” [Insight, 6/22/2002] Also on this day, Mohammed Jamal Khalifa, an associate of Yousef and Murad who is being held in the US, is moved from a low security prison to a maximum security prison. [Lance, 2006, pp. 164] But despite these potential links to Muslim militants, only five days after the Oklahoma City bombing the New York Times will report, “Federal officials said today that there was no evidence linking people of the Muslim faith or of Arab descent to the bombing here.” [New York Times, 4/24/1995] Murad’s claim apparently will not be reported in any newspaper until two years later [Rocky Mountain News, 6/17/1995] , when lawyers for Nichols’s bombing partner, Timothy McVeigh, tell reporters that their defense strategy will be to claim that the bombing was the work of “foreign terrorists” led by “a Middle Eastern bombing engineer.” The lawyers will claim that the bombing was “contracted out” through an Iraqi intelligence base in the Philippines, and it is “possible that those who carried out the bombing were unaware of the true sponsor.” The lawyers also say it is possible, though less likely, that the bombing was carried out by right-wing white supremacists, perhaps from the Elohim City compound (see 1973 and After, 1983, 1992 - 1995, October 12, 1993 - January 1994, August 1994 - March 1995, September 12, 1994 and After, November 1994, February 1995, and April 5, 1995). [New York Times, 3/26/1997] The claims of foreign involvement will be discredited (see 10:00 a.m. April 19, 1995 and After).

Entity Tags: Ramzi Yousef, Richard A. Clarke, Mohammed Jamal Khalifa, Elohim City, Federal Bureau of Investigation, Mike Johnston, Abdul Hakim Murad, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

A Syrian suspected of involvement in the al-Qaeda Bojinka plot is granted asylum in Australia even though the Australian government is aware of some of his apparent terrorism ties. Ahmad al-Hamwi, a.k.a. Omar Abu Omar, was head of the International Relations and Information Center (IRIC) from 1993 to 1995, a charity front closely tied to the failed Bojinka plot (see January 6, 1995). In 1995, Philippine investigators determined that most of the funding for the plot went through a bank account controlled by al-Hamwi. [Institute of Defense and Strategic Studies, 3/7/2003 pdf file] At the same time, he was roommates with Mohammed Jamal Khalifa, bin Laden’s brother-in-law, and married the sister of one of Khalifa’s Philippine wives. He worked closely with Khalifa in the IRIC until Khalifa was forced to leave the country in late 1994 (see December 1, 1994). [Australian, 4/8/2006] Shortly after the Bojinka plot is foiled by Philippines authorities in early 1995, the IRIC is shut down and al-Hamwi is brought in for questioning. However, he is let go and travels to Australia in July 1995 then immediately applies for asylum there. The Australian asylum review board is aware of the following things:
bullet He was interrogated by Philippines intelligence and questioned about his ties to WTC bomber Ramzi Yousef and the Bojinka plot to kill the Pope.
bullet He tells the review board that he was interrogated by a senior officer with direct ties to the Philippine president
bullet He came into Australia using a fake Dutch passport and has two fake Syrian passports.
bullet He has ties to Khalifa, who had been convicted of funding a bombing in Jordan.
bullet He is a longtime member of the militant group the Muslim Brotherhood.
But incredibly, in June 1996 he is granted him asylum on the grounds that he could be persecuted in Syria due to his ties to the Brotherhood. [Refugee Review Tribunal, 6/26/1996; Australian, 4/8/2006] In 2006, it will be reported that he is still living openly in Australia. Further, Philippines intelligence alleges that he came to the Philippines after having been banned from Turkey for his suspected involvement in a 1986 bombing there. It is not clear how the Australian government missed information like this, or if they just ignored it. [Australian, 4/8/2006] In the wake of these 2006 reports, the Australian government will claim to be investigating his status. Yet there have been no reports that he has been arrested or had his residency revoked since then. [Australian, 4/10/2006; Age (Melbourne), 4/10/2006]

Entity Tags: Refugee Review Tribunal, Operation Bojinka, International Relations and Information Center, Ahmad al-Hamwi, Muslim Brotherhood, Mohammed Jamal Khalifa

Timeline Tags: Complete 911 Timeline

Defense counsel for El Sayyid Nosair, one of the militants accused in the “Landmarks” bomb plot (see June 24, 1993) along with the “Blind Sheikh,” Sheikh Omar Abdul Rahman, applies for a missing witness instruction for double agent Ali Mohamed. The counsel, Roger Stavis, believes that it would benefit his client to have Mohamed testify, because Mohamed worked for militants connected to Abdul-Rahman as well as the FBI (see 1990), CIA (see 1984), and US army (see 1986). Therefore, Stavis might be able to use Nosair’s connection with Mohamed to convince the jury that Nosair was acting on the instructions of an agent of the US government. Stavis has been attempting to contact Mohamed with no success for some time, although the prosecution is in contact with him where he lives in California (see December 1994-January 1995). Under federal law, a trial judge can give a missing witness instruction if one party at a trial wants a witness to testify but cannot find him, whereas the other party can find him but does not seem to want him to testify. Based on such an instruction, the jury can then decide that the party that could find him, but did not get him to testify, did so deliberately because it thought the testimony would be damaging to it. Author Peter Lance will later comment that, given the circumstances, “Stavis had every right to expect that jury charge,” but Judge Michael Mukasey merely responds, “I don’t think a missing witness charge on that gentleman is warranted and I am not going to give one.” Lance will comment that by failing to grant the missing witness instruction, Mukasey helps “bury the significance” of Mohamed, and conceal his role in Islamic militancy from the public. [Lance, 2006, pp. 208; Raw Story, 9/25/2007] President Bush will later appoint Mukasey to be the US attorney general (see November 8, 2007).

Entity Tags: Michael Mukasey, El Sayyid Nosair, Peter Lance, Roger Stavis, Ali Mohamed

Timeline Tags: Complete 911 Timeline

Melissa Boyle Mahle.Melissa Boyle Mahle. [Source: Publicity photo]According to a later account by CIA agent Melissa Boyle Mahle, “a tidbit received late in the year revealed the location” Khalid Shaikh Mohammed (KSM) in Qatar (see 1992-1996). [Mahle, 2005, pp. 247-248] This presumably is information the FBI learned in Sudan that KSM was traveling to Qatar (see Shortly Before October 1995). However, US intelligence should also have been aware that KSM’s nephew Ramzi Yousef attempted to call him in Qatar in February 1995 while Yousef was in US custody (see After February 7, 1995-January 1996). Mahle is assigned to verify KSM’s identity. She claims that at the time the CIA is aware of KSM’s involvement in the Bojinka plot in the Philippines (see January 6, 1995) and in the 1993 WTC bombing (see February 26, 1993) She is able to match his fingerprints with a set of fingerprints the CIA already has in their files. [Guardian, 3/31/2005] By October 1995, the FBI tracks KSM to a certain apartment building in Qatar. Then, using high-technology surveillance, his presence in the building is confirmed. [Miniter, 2003, pp. 85-86] Mahle argues that KSM should be rendered out of the country in secret. The US began rendering terrorist suspects in 1993 (see 1993), and a prominent Egyptian extremist is rendered by the CIA in September 1995 (see September 13, 1995). She argues her case to CIA headquarters and to the highest reaches of the NSA, but is overruled. [Guardian, 3/31/2005] Instead, the decision is made to wait until KSM can be indicted in a US court and ask Qatar to extradite him to the US. Despite the surveillance on KSM, he apparently is able to leave Qatar and travel to Brazil with bin Laden and then back to Qatar at the end of 1995 (see December 1995). KSM will be indicted in early 1996, but he will escape from Qatar a few months later (see January-May 1996).

Entity Tags: Ramzi Yousef, Khalid Shaikh Mohammed, Melissa Boyle Mahle, National Security Agency, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A suicide bombing destroys the police station in the town of Rijeka, Croatia, wounding 29 people. The Egyptian militant group Al-Gama’a al-Islamiyya takes credit for the bombing, saying it is revenge for the abduction of Al-Gama’a al-Islamiyya leader Talaat Fouad Qassem in Croatia the month before (see September 13, 1995). The Croatians will later determine that the mastermind, Hassan al-Sharif Mahmud Saad, and the suicide bomber were both tied to Al-Gama’a al-Islamiyya. They also were tied to the Islamic Cultural Institute in Milan, Italy, which in turn has ties to many militant attacks, some committed Ramzi Yousef (see 1995-1997). CIA soon discovers that the suicide bomber also worked for the Third World Refugee Center charity front (see January 1996). [Kohlmann, 2004, pp. 153-155] In 1999, the FBI’s Bojinka investigation will notice that Khalid Shaikh Mohammed (KSM) was believed to be in neighboring Bosnia at the time and that the timing device of the bomb (a modified Casio watch) closely resembled those used by KSM and his nephew Yousef in the Bojinka plot (see January 6, 1995). Presumably, this would have increased the importance of catching KSM. [9/11 Commission, 7/24/2004, pp. 489]

Entity Tags: Third World Relief Agency, Ramzi Yousef, Khalid Shaikh Mohammed, Al-Gama’a al-Islamiyya, Federal Bureau of Investigation, Hassan al-Sharif Mahmud Saad, Talaat Fouad Qassem, Islamic Cultural Institute

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 1995, a Spanish intelligence agency begins monitoring Moutaz Almallah as it starts monitoring the al-Qaeda Madrid cell led by Barakat Yarkas (see 1995 and After). Almallah is considered Yarkas’s main assistant and also is the “political chief” of the cell. In 1998, Almallah and Yarkas were photographed at an airport in Spain meeting with Mohamed Bahaiah, known to be a courier for bin Laden. Judge Baltasar Garzon leads the investigation. [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005] In November 1995, Spanish police officer Ayman Maussili Kalaji, a Spanish citizen originally from Syria, sells an apartment to Almallah. Kalaji will later admitting to having a long time acquaintance with Almallah. Kalaji has a suspicious background, including a connection to Soviet espionage, and at some point he serves as Garzon’s bodyguard (see May 16, 2005). [El Mundo (Madrid), 8/22/2005] In November 2001, Garzon will arrest Yarkas and the main figures in his cell, but Almallah will not be arrested (see November 13, 2001). [El Mundo (Madrid), 3/2/2005] Almallah will move to London in 2002 to live with radical imam Abu Qatada (see August 2002). He will be arrested in 2005 for a role in the Madrid bombings. In 2005, a police commissioner will request the arrest of police officer Kalaji, but a judge will deny the request (see May 16, 2005).

Entity Tags: Ayman Maussili Kalaji, Mohamed Bahaiah, Baltasar Garzon, Moutaz Almallah, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

Spanish intelligence is monitoring an al-Qaeda cell in Madrid led by Barakat Yarkas (see 1995 and After). By late 1995, Spanish authorities discover the cell members are taking part in a variety of criminal acts, including credit card theft, stealing bank account numbers, and selling stolen cars. Some of the money raised is being used to send recruits to al-Qaeda training camps in Afghanistan. However, the authorities are content to merely watch this criminal activity and collect information. None of the cell members will be arrested until after 9/11, six years later. [Irujo, 2005, pp. 23-40]

Entity Tags: Al-Qaeda, Centro Nacional de Inteligencia, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

Rachid Ramda.Rachid Ramda. [Source: Public domain]The London Times publishes one of the first Western newspaper articles about Osama bin Laden. The article says, “A Saudi Arabian millionaire is suspected of channeling thousands of pounds to Islamic militants in London which may have bankrolled French terrorist bombings.” Bin Laden is referred to as “Oussama ibn-Laden.” It says that he sent money to Rachid Ramda, editor in chief of Al Ansar, the London-based newsletter for the radical Algerian militant group the GIA. However, government sources say that the money ostensibly for the newsletter was really used to fund a wave of militant attacks in France in 1995 (see July-October 1995). Ramda was arrested in London on November 4, 1995 at the request of the French government. [London Times, 1/5/1996] Two other people working as editors on the Al Ansar newsletter in 1995, Abu Qatada and Mustafa Setmarian Nasar, will later be found to be important al-Qaeda leaders (see June 1996-1997 and October 31, 2005). It will take ten years for Britain to extradite Ramda to France. He will be tried in France in 2005 and sentenced to life in prison for his role in the 1995 French attacks. [BBC, 10/26/2007] Bin Laden may have met with Ramda while visiting Britain in 1994 (see 1994). It will later be revealed that the 1995 attacks in France were led by an Algerian government mole (see July-October 1995), and the GIA as a whole was run by a government mole (see October 27, 1994-July 16, 1996).

Entity Tags: Mustafa Setmarian Nasar, Osama bin Laden, Groupe Islamique Armé, Rachid Ramda, Abu Qatada

Timeline Tags: Complete 911 Timeline

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The French intelligence service Direction Générale de la Sécurité Extérieure (DGSE) is aware that radical Muslims appear to be traveling through Turkey on their way to training in a third country, presumably Afghanistan. DGSE informer Omar Nasiri will later comment: “[T]he DGSE had noticed a lot of men were disappearing from France, men who were under surveillance. They would attend the radical mosques every day and then, suddenly, they were gone. They went to Turkey and disappeared. A few months later they would be back at the mosques in France, but no one knew where they had been in the meantime. The DGSE thought they were at the training camps.” [Nasiri, 2006, pp. 96] Turkish intelligence is also aware militants transit Turkey at this time and informs German intelligence (see 1996). Several of the 9/11 hijackers will also transit Turkey (see Late November-Early December 1999).

Entity Tags: Direction Générale de la Sécurité Extérieure, Omar Nasiri

Timeline Tags: Complete 911 Timeline

August 21, 1996: War Crimes Act Becomes Law

The War Crimes Act (HR 3680) becomes Public Law No: 104-192. It prohibits Americans—top officials and soldiers alike—from committing “grave breaches” of the Geneva Conventions. It states: “Whoever, whether inside or outside the United States, commits a grave breach of the Geneva Conventions,” provided that the perpetrator or the victim is a member of the US military or a national of the US, “shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.” [Newsweek, 11/5/2001]

Entity Tags: Geneva Conventions, War Crimes Act

Timeline Tags: Torture of US Captives, Civil Liberties

Ramzi Yousef and two other defendants, Abdul Hakim Murad and Wali Khan Amin Shah, are convicted of crimes relating to Operation Bojinka (see January 6, 1995). [CNN, 9/5/1996] In the nearly 6,000-page transcript of the three-month Bojinka trial, there is not a single mention of the “second wave” of Bojinka that closely paralleled the 9/11 plot. Interrogations by Philippine investigator Colonel Rodolfo Mendoza had exposed the details of this plot quite clearly (see January 20, 1995 and February-Early May 1995). However, not only does the FBI not call Mendoza to testify, but his name is not even mentioned in the trial, not even by his assistant, who does testify. “The FBI seemed to be going out of its way to avoid even a hint of the plot that was ultimately carried out on 9/11,” author Peter Lance will later note. [Lance, 2003, pp. 350-51] Murad was extensively tortured during his imprisonment in the Philippines (see After January 6, 1995), and some observers such as law professor Alan Dershowitz will assert that Murad’s case proves the reliability of torture, claiming that Murad’s torture prevented a major disaster. However, others disagree. Law professor Stephanie Athey, in her examination of the case, will write in 2007 that Murad’s torture actually produced little useful information. A computer found in Murad’s apartment held key details of the plot (see January 7-11, 1995 and Spring 1995). CIA agent Michael Scheuer will later say that the information collected from Murad’s apartment, not the information gleaned from Murad’s torture, provided actual useful intelligence. [Vanity Fair, 12/16/2008]

Entity Tags: Rodolfo Mendoza, Ramzi Yousef, Abdul Hakim Murad, Alan M. Dershowitz, Federal Bureau of Investigation, Michael Scheuer, Operation Bojinka, Stephanie Athey, Wali Khan Amin Shah

Timeline Tags: Complete 911 Timeline

Senior al-Qaeda operatives establish a front company called Maram in Istanbul, Turkey, as a travel agency and import-export business. Investigators will later say they suspect that the company may be involved in efforts to obtain material for nuclear weapons and that it provides money and other assistance to radicals traveling between Europe and training camps in Afghanistan. Turkish intelligence and several foreign agencies are aware that militants transit Turkey at this time and some of them are under surveillance (see 1996, 1995-2000, and Mid-1996), but it is unclear whether Maram itself is monitored. The company, which receives a donation of US$ 1.25 million from Saudi businessman Yassin al-Qadi (see January-August 1998), is established by Mamdouh Mahmud Salim, one of al-Qaeda’s founding members (see August 11-20, 1988), who is said to have a history of moving money and shopping for weapons for the organization. A few months later he transfers shares in the company to two other men. One is Wael Hamza Julaidan, a Saudi businessman also said to be a founder of al-Qaeda; the US will officially designate Julaidan a financial supporter of al-Qaeda in 2002 (see September 6, 2002). The other transferee is Mohammed Bayazid, another founder of al-Qaeda and a US citizen who was arrested in the US in 1994 and then let go (see December 16, 1994). [New York Times, 9/19/2002] For a time before November 1998, toll records for the Illinois office of the Benevolence International Foundation (BIF) show telephone contact with a number in Turkey associated with Bayazid. Phone records indicate Bayazid moves to Turkey around April 1998. [USA v. Benevolence International Foundation and Enaam M. Arnaout, 4/29/2002, pp. 16-17 pdf file] US intelligence has been interested in BIF’s ties to al-Qaeda since at least 1993 (see 1993 and 1998), but apparently misses its links to Maram while the company is still open. After Salim is arrested in Germany in 1998 (see September 16, 1998), the company clears out its offices. A neighbor says, “I just came one morning and saw the office was empty. Nobody knows what happen[ed].” [New York Times, 9/19/2002]

Entity Tags: Mohammed Loay Bayazid, Wael Hamza Julaidan, Maram, Al-Qaeda, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

Abu Hamza.Abu Hamza. [Source: Ian Waldie / Reuters / Corbis]London-based imam Abu Hamza al-Masri starts working with two branches of the British security services, the police’s Special Branch and MI5, the domestic counterintelligence service. The relationships continue for several years and there are at least seven meetings between Abu Hamza and MI5 between 1997 and 2000 (see October 1, 1997, November 20, 1997, and September 1998). Based on records of the meetings, authors Daniel O’Neill and Sean McGrory will describe the relationship as “respectful, polite, and often cooperative.”
Rhetoric - One theme in the meetings, which take place at Abu Hamza’s home and a mosque he runs in Finsbury Park, is that the security services tell Abu Hamza that they do not want any trouble and ask him to tone down some of his more inflammatory comments. Abu Hamza listens politely, but always replies he is committed to jihad. However, over this period Abu Hamza’s rhetoric changes subtly, and he begins attacking “Zionists,” rather than simply “Jews.” Abu Hamza will later say that he asks security officers if his sermons are inappropriate, and they reply, “No, freedom of speech, you don’t have to worry unless we see blood on the streets.”
Information - Abu Hamza provides the security services with information about the ideology of various extremist factions, as well as “tidbits” of information about others, although in one case he provides specific intelligence that leads to the detention of two terrorist suspects. He also likes to “tell tales” about one of his rival preachers, Sheikh Omar Bakri Mohammed, and his Al-Muhajiroun organization.
Favors - Sometimes Abu Hamza asks for favors from his handlers. For example, on one occasion he requests the release of some associates after promising that they are not a threat in Britain.
Beyond the Reach of British Law - Abu Hamza will tell his aides that he is “beyond the reach of British law,” and will neglect to pay the mosque’s electricity and water bills. Authors Sean O’Neill and Daniel McGrory will later comment: “Increasingly, Abu Hamza acted as if Finsbury Park had divorced itself from Britain and was operating as an independent Muslim state. He contacted extremist groups, offering his services as an ambassador for them in [Britain] and presenting the mosque as a place of guaranteed asylum.” [O'Neill and McGrory, 2006, pp. 96-97, 143-5]

Entity Tags: UK Security Service (MI5), Sean O’Neill, Daniel McGrory, Abu Hamza al-Masri, Metropolitan Police Special Branch, Special Branch (Britain)

Timeline Tags: Complete 911 Timeline

Dietrich Snell.Dietrich Snell. [Source: Morris Mac Matzen/ Associated Press]Abdul Hakim Murad, a conspirator in the 1995 Bojinka plot with Ramzi Yousef, Khalid Shaikh Mohammed (KSM), and others, was convicted in 1996 of his role in the Bojinka plot (see January 6, 1995). He is about to be sentenced for that crime. He offers to cooperate with federal prosecutors in return for a reduction in his sentence, but prosecutors turn down his offer. Dietrich Snell, the prosecutor who convicted Murad, will say after 9/11 that he does not remember any such offer. But court papers and others familiar with the case later confirm that Murad does offer to cooperate at this time. Snell will claim he only remembers hearing that Murad had described an intention to hijack a plane and fly it into CIA headquarters. However, in 1995 Murad had confessed to Philippine investigators that this would have been only one part of a larger plot to crash a number of airplanes into prominent US buildings, including the World Trade Center and the Pentagon, a plot that KSM later will adjust and turn into the 9/11 plot (see January 20, 1995) (see February-Early May 1995). While Philippine investigators claim this information was passed on to US intelligence, it’s not clear just which US officials may have learned this information and what they did with it, if anything. [New York Daily News, 9/25/2001] Murad is sentenced in May 1998 and given life in prison plus 60 years. [Albany Times-Union, 9/22/2002] After 9/11, Snell will go on to become Senior Counsel and a team leader for the 9/11 Commission. Author Peter Lance later calls Snell “one of the fixers, hired early on to sanitize the Commission’s final report.” Lance says Snell ignored evidence presented to the Commission that shows direct ties between the Bojinka plot and 9/11, and in so doing covers up Snell’s own role in the failure to make more use of evidence learned from Murad and other Bojinka plotters. [FrontPage Magazine, 1/27/2005]

Entity Tags: Ramzi Yousef, World Trade Center, Dietrich Snell, Khalid Shaikh Mohammed, 9/11 Congressional Inquiry, Abdul Hakim Murad, Operation Bojinka, Pentagon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

FBI reward notice for Khalid Shaikh Mohammed.FBI reward notice for Khalid Shaikh Mohammed. [Source: FBI]Islamic militant Ramzi Yousef is sentenced to 240 years for his role in the 1993 WTC bombing. At the same time, prosecutors unseal an indictment against Khalid Shaikh Mohammed (KSM) for participating with Yousef in the 1995 Operation Bojinka plot (see January 6, 1995). In unsealing this, US Attorney Mary Jo White calls KSM a “major player” and says he is believed to be a relative of Yousef. [Washington Post, 1/9/1998] The US announces a $2 million reward for his capture in 1998 and wanted posters with his picture are distributed. [New York Times, 6/5/2002] This contradicts the FBI’s claim after 9/11 that they did not realize he was a major terrorist before 9/11. [US Congress, 12/11/2002] For instance, a senior FBI official later says, “He was under everybody’s radar. We don’t know how he did it. We wish we knew.… He’s the guy nobody ever heard of.” [Los Angeles Times, 12/22/2002] However, another official says, “We have been after him for years, and to say that we weren’t is just wrong. We had identified him as a major al-Qaeda operative before September 11.” [New York Times, 9/22/2002] Yet strangely, despite knowing KSM is a major al-Qaeda operations planner and putting out a large reward for his capture at this time, there is no worldwide public manhunt for him as there successfully was for his nephew Ramzi Yousef. KSM’s name remains obscure and he isn’t even put on the FBI’s Most Wanted Terrorists list until one month after 9/11. [Lance, 2003, pp. 327-30]

Entity Tags: Ramzi Yousef, Khalid Shaikh Mohammed, Mary Jo White, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US enacts a law banning torture or abuse by any government official or employee. Title 18 of the US Code, Chapter 113C, Section 2340 bans US officials anywhere in the world from intentionally inflicting “severe physical or mental pain or suffering” upon another person in their control. Violation of this statute would earn the convicted official up to 20 years in prison; if a detainee dies as a result of the abuse, the convicted official can be sentenced to death. Any American official who conspires to have a prisoner abused is subject to the same penalties. [Legal Information Institute, 1/26/1998; Savage, 2007, pp. 155]

Timeline Tags: Torture of US Captives

The Islamic Army of Aden (IAA) begins issuing what authors Sean O’Neill and Daniel McGrory will describe as “provocative political statements.” The IAA is headed by Zein al-Abidine Almihdhar, who claims to have fought in Afghanistan with Osama bin Laden, and the organization will go on to have links with al-Qaeda (see Early 2000 and October 12, 2000). The Yemeni government had previously ignored the group, but is now irked by the statements and asks the elders of Almihdhar’s tribe to muzzle him. However, this strategy does not work, so the government offers a reward for his capture, dead or alive. Despite this, the IAA will plot a series of attacks later in the year (see Before December 23, 1998). [O'Neill and McGrory, 2006, pp. 163]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Khalid Shaikh Mohammed (KSM) is almost caught in Brazil. Apparently, the Malaysian government discovers that KSM is in the country using an alias and an Egyptian passport, and that he has obtained a Brazilian visa. So on June 25, 1998, the US asks Brazil to help capture him. A former US official will later say, “We were fairly convinced… that he was there” in the town of Foz de Iguazu, a criminal haven that he had visited at least once before (see December 1995). [Los Angeles Times, 12/22/2002; Knight Ridder, 3/13/2003] However, KSM gets away. Time magazine reporter Tim McGirk will later claim, “They almost nailed him in Brazil. They knew that he’d left from Malaysia to Brazil….” [National Public Radio, 3/3/2003] “He had supposedly gone there to promote Konsonjaya, a Malaysian company that secretly funded Muslim rebels in Southeast Asia.” [Playboy, 6/1/2005] Konsonjaya was the front company used for the Bojinka plot in 1995 (see January 6, 1995 and June 1994), and it supposedly dealt in Sudanese honey and palm oil. [Los Angeles Times, 2/7/2002; Financial Times, 2/15/2003] The Telegraph, in an apparent reference to Konsonjaya, will later report that KSM “acted as financier and coordinator, through another [Malaysian company] which traded Sudanese honey. He traveled widely, including at least one trip to Brazil….” [Daily Telegraph, 3/2/2003] The honey distribution business had a base in Karachi, Pakistan, and employed KSM’s nephew Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi). [US Department of Defense, 4/12/2007, pp. 17 pdf file] It is remarkable that KSM would be connected to this company in 1998, considering that the company’s records were introduced as evidence in a public trial of some Bojinka plotters in 1996. [Los Angeles Times, 2/7/2002]

Entity Tags: Khalid Shaikh Mohammed, Konsonjaya, Ali Abdul Aziz Ali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Thieves snatch a passport from a car driven by a US tourist in Barcelona, Spain, which later finds its way into the hands of would-be hijacker Ramzi Bin al-Shibh. Bin al-Shibh allegedly uses the name on the passport in the summer of 2001 as he wires money to pay flight school tuition for Zacarias Moussaoui in Oklahoma (see July 29, 2001-August 3, 2001). After 9/11, investigators will believe the movement of this passport shows connections between the 9/11 plotters in Germany and a support network in Spain, made up mostly by ethnic Syrians. “Investigators believe that the Syrians served as deep-cover mentors, recruiters, financiers and logistics providers for the hijackers—elite backup for an elite attack team.” [Los Angeles Times, 1/14/2003] Mohamed Atta travels to Spain twice or three times in 2001 (see January 4-10, 2001, July 8-19, 2001, and September 5, 2001), perhaps to make contact with members of this Spanish support team.

Entity Tags: Mohamed Atta, Ramzi bin al-Shibh, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press]Two US embassies in Africa are bombed within minutes of each other. At 10:35 a.m., local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. Hamden Khalif Allah Awad is the suicide bomber there. The attacks will be blamed on al-Qaeda. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers will allegedly tell US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last-minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia and some people will speculate that this is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Mitchell will write: “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Mohamed al-Owhali, Hamden Khalif Allah Awad, Khalid Almihdhar, Al-Qaeda, Azzam

Timeline Tags: Complete 911 Timeline

A witness questioned during the FBI’s investigation of the African embassy bombings says that al-Qaeda operative Abd al-Rahim al-Nashiri intends to attack a US vessel in Aden. The USS Cole will be bombed in Aden harbor two years later (see October 12, 2000) and al-Nashiri, who provided a fake passport for one of the embassy bombers (see August 22-25 1998), will be one of the managers of the operation (see November-December 2000). [Federal Bureau of Investigation, 9/9/1998 pdf file; New Yorker, 7/10/2006 pdf file]

Entity Tags: Abd al-Rahim al-Nashiri, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

9/11 mastermind Khalid Shaikh Mohammed (KSM) lived in the Philippines for much of 1994 and took part in the failed Bojinka plot to assassinate Pope John Paul II and crash a dozen airplanes (see January 6, 1995). In the years after this, he makes repeated visits to the Philippines, as well as neighboring Malaysia. [Los Angeles Times, 9/1/2002] KSM returns to the Philippines in September 1998 and stays to organize the assassination of Pope John Paul II, who is due to visit the country in January 1999. KSM is seen at a nightclub in Manila in early 1999. [Gunaratna, 2003, pp. xxv] But the Pope’s visit is canceled; it isn’t known if the cancellation is due to security concerns or not. That same year, the FBI alerts Philippine intelligence that KSM has returned to that country to visit an old girlfriend. However, he disappears before agents arrive to arrest him. Further details on how he was traced there or how he got away have not been made public. [Los Angeles Times, 9/1/2002; London Times, 11/10/2002] KSM will continue to return to the Philippines occasionally. There are even “credible reports” that he is seen there in the summer of 2002. [Los Angeles Times, 9/1/2002; Knight Ridder, 9/9/2002]

Entity Tags: Federal Bureau of Investigation, John Paul II, Khalid Shaikh Mohammed, Operation Bojinka

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Princess Diana at a mine field in Angola in 1997.Princess Diana at a mine field in Angola in 1997. [Source: Tim Graham / Corbis]The NSA admits that US intelligence agencies possess 1,056 pages of classified information regarding Britain’s Princess Diana. British tabloids portray the documents as rife with salacious information on Diana’s “most intimate love secrets” about her relationship with Egyptian billionaire Dodi al-Fayed, but the actual documentation may not be so lurid. The NSA recently denied a Freedom of Information request from the Internet news service APB Online about information it has collected on Diana, who died in a tragic car accident in 1997. (It is unclear whether US intelligence has any unreleased information about the circumstances of Diana’s death. [APB Online, 11/30/1998; Washington Post, 12/12/1998] The NSA has denied monitoring Diana on the night of her death, an allegation raised by The Observer in 2006.) [MSNBC, 12/11/2006] In the two-page letter denying the request, the NSA admits to possessing a “Diana file,” but refuses to divulge what is in that file. A US intelligence official says the information is made up of conversations between other people who mentioned Diana; the references to Diana in those intercepted conversations are “incidental.” The official says Diana was never a particular target of the NSA’s Echelon surveillance program. However, the NSA has classified 124 pages of the “Diana documents” as top secret “because their disclosure could reasonably be expected to cause exceptionally grave damage to the national security.” According to a recent report by the European Parliament, the NSA routinely monitors virtually “all e-mail, telephone and fax communications… within Europe” (see July 11, 2001). Intelligence expert Steven Aftergood of the Federation of American Scientists says “the US and our allies promiscuously collect electronic communications around the world. Whether the descriptions of Echelon are accurate or not, that much is definitely true.” Some believe that lurid snippets of information leaked to the British press regarding Diana’s affair with Fayed, and her ambivalent relationship with Prince Charles, may have come from Echelon wiretaps and surveillance. Another FAS scientist, John Pike, says the NSA and other US intelligence agencies may have been monitoring Diana to protect her from terrorist attacks. Pike says it is also possible she may have been monitored because of her involvement in banning land mines, a position opposed by the Pentagon. [APB Online, 11/30/1998; Washington Post, 12/12/1998] Former NSA official Wayne Madsen will say in 2000, “[W]hen NSA extends the big drift net out there, it’s possible that they’re picking up more than just her conversations concerning land mines. What they do with that intelligence, who knows?” [CBS News, 2/27/2000] In August 1999, the NSA will deny another Freedom of Information request about its “Diana file” from the British newspaper The Guardian. [Guardian, 8/6/1999]

Entity Tags: Steven Aftergood, Prince Charles, The Guardian, John Pike, Dodi al-Fayed, Echelon, Federation of American Scientists (FAS), National Security Agency, Princess Diana

Timeline Tags: Civil Liberties

Dan ColemanDan Coleman [Source: CNN]Beginning in the autumn of 1998, the FBI uses the phone records of an al-Qaeda communications hub run by operative Ahmed al-Hada and his son Samir to build a map of al-Qaeda’s global organization. A map showing all the places in the world that have communicated with the hub is posted on the wall of the interagency counterterrorism I-49 squad in New York. The hub’s telephone number was uncovered during the East African embassy bombings investigation (see August 4-25, 1998 and Late August 1998). [Al Ahram, 2/21/2002; MSNBC, 7/21/2004; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] According to FBI agent and I-49 squad member Dan Coleman, al-Hada is “uncle of half the violent jihadists we knew in the country.” [Suskind, 2006, pp. 94] Several of his sons and sons-in-law are al-Qaeda operatives and some die fighting and training with radical Islamists; this is known to US intelligence before 9/11. Hijacker Khalid Almihdhar is also a son-in-law of al-Hada. [MSNBC, 2/14/2002; Fox News, 2/14/2002; Los Angeles Times, 12/21/2005] The number is monitored by the NSA and over the next three years it mines intelligence that helps authorities foil a series of plots, including planned attacks on the US Embassy in Paris and the US Consulate in Istanbul, along with an attempted airline hijacking in Africa. However, the hub also serves as a planning center for the 2000 attack on the USS Cole in Yemen, which is successful (see October 12, 2000). [US News and World Report, 3/15/2004] The CIA, as the primary organization for gathering foreign intelligence, has jurisdiction over conversations on the al-Hada phone. Helped by the NSA, it stakes out the house—tapping the phone, planting bugs, and taking satellite photographs of its visitors. However, the CIA apparently does not provide the FBI with all the relevant information it is obtaining about al-Qaeda’s plans. [Mirror, 6/9/2002; New Yorker, 7/10/2006 pdf file] For example, the FBI is not informed that hijackers Khalid Almihdhar and Nawaf Alhazmi make calls to the communications hub from the US between spring 2000 and summer 2001 (see Spring-Summer 2000 and Mid-October 2000-Summer 2001). The FBI also asks the NSA to pass any calls between the communications hub and the US to the FBI, but the NSA does not do this either (see Late 1998). [Suskind, 2006, pp. 94]

Entity Tags: Federal Bureau of Investigation, I-49, National Security Agency, Samir al-Hada, Khalid Almihdhar, Nawaf Alhazmi, Dan Coleman, Ahmed al-Hada, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Islamic Army of Aden (IAA), a local militant group linked to al-Qaeda (see Early 2000 and October 12, 2000), plots a series of strikes against Western-related targets in Aden, Yemen. According to the Yemeni authorities, the plot encompasses:
bullet An attack on the Movenpick hotel, which is used by Western tourists and had already been bombed in 1992 (see December 29, 1992);
bullet Firing rockets into a clinic in the grounds of Aden’s only Christian church;
bullet Murdering British diplomats at the British consulate;
bullet Attacks on the Al Shadhrawan nightclub;
bullet Hitting the UN office in Aden; and
bullet Attacking a hotel used by US troops.
However, the plot, headed by IAA leader Zein al-Abidine Almihdhar, will be broken up on December 23, when six of the plotters linked to leading British imam Abu Hamza al-Masri are arrested by police in Aden (see December 23, 1998). [O'Neill and McGrory, 2006, pp. 159-160]

Entity Tags: Islamic Army of Aden, Zein al-Abidine Almihdhar

Timeline Tags: Complete 911 Timeline

Zein al-Abidine Almihdhar, leader of the al-Qaeda-affiliated Islamic Army of Aden (see Early 2000 and October 12, 2000), telephones Abu Hamza al-Masri, a London-based imam and informer for the British security services (see Early 1997). Six operatives sent by Abu Hamza to Yemen for training had become involved in a bomb plot, but were arrested four days ago (see December 23, 1998). Almihdhar makes two calls to Abu Hamza, and tells him of the capture of the operatives, who include Abu Hamza’s stepson and former bodyguard. The two men apparently come up with a plan to capture some Western tourists, and Abu Hamza purchases more airtime worth £500 (about $800) for Almihdhar’s satellite phone. After the tourists are captured the next day (see December 28-29, 1998), Almihdhar will immediately telephone Abu Hamza and, according to one of the tourists’ drivers, say, “We’ve got the goods that were ordered, 16 cartons marked Britain and America.” This is not the only telephone contact between the two men, and authors Sean O’Neill and Daniel McGrory will add, “What was apparent from the first hours of the hostage crisis was that the short-tempered [Almihdhar] needed the advice and reassurance of his spokesman in North London.” The calls are intercepted by the Government Communications Headquarters, Britain’s wiretapping agency, using a base in Cyprus. Although the communications cannot be used in court under British law, they are useful to the intelligence services in determining what is going on between Almihdhar and Abu Hamza. However, the intercepts are also shared with the FBI, which will later indicate it may use them in a US prosecution of Abu Hamza stemming from the fact that two of the kidnap victims are American nationals. [O'Neill and McGrory, 2006, pp. 156-157, 161, 180]

Entity Tags: Zein al-Abidine Almihdhar, Abu Hamza al-Masri, Government Communications Headquarters, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

Radical imam and British intelligence informer Abu Hamza al-Masri (see Early 1997) defends the kidnapping of Western hostages in Yemen by the Islamic Army of Aden (IAA—see December 28-29, 1998) in the British media. The IAA is an al-Qaeda affiliate (see Early 2000 and October 12, 2000) and Abu Hamza acts as its press officer. Although it is unusual for radical Islamists to appear on television in Britain at this time, Abu Hamza does not shy away from the publicity. Authors Sean O’Neill and Daniel McGrory will even call him a “publicity junkie,” and comment on his television appearances: “[Abu Hamza] tried to defend the indefensible by appearing on television and supporting the gunmen holding innocent Western hostages in the desert. Much of what he had to say in his strangled English about ‘jihad’ and martyrdom baffled his armchair British audience, most of who at the time had never heard of al-Qaeda.… He would stab his hook at the camera lens as he issued his bloodcurdling threats against politicians who did not heed his advice. His language was provocative, his demeanour threatening, but he had achieved one ambition—people in Britain suddenly knew the name of Abu Hamza.” His appearances do not go down well with the media, and, in O’Neill and McGrory’s words, he is “vilified .. after he admitted that he was the press officer for the kidnappers from the pompously named Islamc Army of Aden and Abyan.” Abu Hamza will later admit that this is the biggest mistake he ever makes. According to O’Neill and McGrory: “He [loses] friends and credibility, and [becomes] a marked man by the security authorities in Britain. But his standing with young British extremists [is] boosted.” [O'Neill and McGrory, 2006, pp. 158-159, 172-173]

Entity Tags: Abu Hamza al-Masri, Islamic Army of Aden

Timeline Tags: Complete 911 Timeline

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

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