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Context of 'October 11, 2002: OLC Sends Secret Memo Regarding Legality of Communications Intelligence Activities'

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Concerned that NSA post-9/11 surveillance operations violated the US Constitution, a senior NSA official reports on the program to House Intelligence Committee staff (see Before October 31, 2001), then retires. William Binney, a crypto-mathematician, had served in the NSA for 36 years. In 1997 he was made technical director of the World Geopolitical and Military Analysis Reporting Group, a 6000-employee unit that focused on signals intelligence (SIGINT) reporting and analysis. In the last part of his NSA career, Binney focused on dealing with the NSA’s problem of information overload, co-founding the Signals Intelligence Automation Research Center (SARC) and leading a 20-member team to develop a data-mining and analysis program called ThinThread. This program made it possible to “correlate data from financial transactions, travel records, Web searches, GPS equipment, and any other ‘attributes’ that an analyst might find useful,” and “could chart relationships among people in real time.” Unlike the NSA’s existing centralized data processing systems, ThinThread was able to identify useful or useless data as it was collected, reducing the overload problem. However, though it targeted foreign communications, ThinThread also intercepted those of Americans, and “continued documenting signals when a trail crossed into the US.” Binney incorporated measures to protect privacy, but NSA lawyers still considered the program too invasive, according to a 2011 article by Jane Mayer based on interviews with Binney and another NSA whistleblower, Thomas Drake. In 1999, NSA Director General Michael Hayden decided to fund a rival program, Trailblazer, which would be developed by defense contractors (see Late 1999). Trailblazer will be abandoned in 2006 as unworkable, after costing $1.2 billion (see January 2006). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012] In 2002, three NSA whistleblowers—Edward Loomis, J. Kirk Wiebe, and Binney—will ask the Pentagon to investigate the NSA for wasting “millions and millions of dollars” on Trailblazer. [Nation, 3/26/2013]
Post-9/11 NSA Surveillance Expansion - Binney will tell Mayer that, after the 9/11 attacks, his people began coming to him, saying things like: “They’re getting billing records on US citizens! They’re putting pen registers [call logs] on everyone in the country!” James Bamford will interview Binney in 2012 and write, “At the outset the program recorded 320 million calls a day, [Binney] says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” Binney has not been personally “read in” to this domestic surveillance program, but some members of his SARC team have, as their knowledge of ThinThread code was needed to set it up. Binney became convinced elements of ThinThread were being used, but without privacy protections, meaning US persons could be targeted. Soon after learning these things, Binney takes his concerns to the House Intelligence Committee (see Before October 31, 2001), and retires on October 31. He will tell Mayer, “I couldn’t be an accessory to subverting the Constitution.” Other sources support Binney’s account of this NSA data-mining and monitoring program (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, and October 2001). However, the claim that NSA domestic surveillance was initiated only after, and in response to, 9/11 is contradicted by information indicating that domestic monitoring programs and activities were established and conducted prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012]
ThinThread 'Would Likely Have Prevented 9/11' - Despite ThinThread’s capacity to collect actionable intelligence, Hayden vetoed the idea of deploying the system three weeks before 9/11, in August 2001. According to the Loomis, Wiebe, and Binney, this decision “left the NSA without a system to analyze the trillions of bits of foreign SIGINT flowing over the Internet at warp speed, as ThinThread could do.” During the summer of 2001, when “the system was blinking red,” according to CIA Director George Tenet, the NSA “failed to detect critical phone and e-mail communications that could have tipped US intelligence to al-Qaeda’s plans to attack.” [Nation, 3/26/2013]

Entity Tags: Edward Loomis, World Geopolitical and Military Analysis Reporting Group, J. Kirk Wiebe, William Binney, Thomas Drake, House Intelligence Committee, James Bamford, Trailblazer, Jane Mayer, National Security Agency, Signals Intelligence Automation Research Center, Michael Hayden, Thinthread

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: US International Relations

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: US International Relations

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

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

Timeline Tags: Torture of US Captives

Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]

Entity Tags: ABC News, Richard Perle, CNN, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

The newly adopted USA Patriot Act (see October 26, 2001) allows FBI field offices to issue, without court orders, so-called “national security letters,” or NSLs, that require recipients—telecommunications firms, employers, libraries, anyone—to provide detailed information on their clients, employees, and patrons. The FBI’s Office of General Counsel warns each field office of the potential for abuse inherent in such powerful and relatively unrestricted instruments, writing in part: “NSLs are powerful investigative tools in that they can compel the production of substantial amounts of relevant information. However, they must be used judiciously.… In deciding whether or not to re-authorize the broadened authority, Congress certainly will examine the manner in which the FBI exercised it. Executive Order 12333 and the FCIG [Attorney General Guidelines for FBI Foreign Intelligence Collection and Counterintelligence Investigations] require that the FB[I] accomplish its investigations through the ‘least intrusive’ means. Supervisors should keep this in mind when deciding whether or not a particular use of NSL authority is appropriate. The greater availability of NSLs does not mean that they should be used in every case.” This warning not to overuse NSLs is not always heeded (see February 2005 and Before Mid-March, 2007). [Wired News, 7/10/2007]

Entity Tags: Federal Bureau of Investigation, Office of General Counsel (FBI), USA Patriot Act

Timeline Tags: Civil Liberties

Christopher DeMuth.Christopher DeMuth. [Source: American Enterprise Institute]Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:
bullet Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world.
bullet Fareed Zakaria, a Newsweek editor and columnist.
bullet Mark Palmer, a former US ambassador to Hungary.
bullet Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies.
bullet James Wilson, a professor and specialist in human morality and crime.
bullet Ruel Marc Gerecht, a former CIA Middle East expert.
bullet Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld.
According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [Woodward, 2006, pp. 83-85]

Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson

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

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

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

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

Michael Ledeen, an avid admirer of Machiavelli, argues in a piece published by National Review Online that the US must be “imperious, ruthless, and relentless” against the Muslim world until there has been “total surrender.” Any attempt on the part of the US to be “reasonable” or “evenhanded” will only empower Islamic militants, he asserts. He writes: “We will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline, for a dime a gallon, on an American military base near the Arctic Circle.” [National Review, 12/7/2001] The piece is republished in the Jewish World Review four days later. [Jewish World Review, 12/11/2001]

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

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

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

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: US International Relations

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

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

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Pentagon ‘Nuclear Posture Review.’Pentagon ‘Nuclear Posture Review.’ [Source: Federation of American Scientists]White House guidance and the Defense Department’s 2001 “Nuclear Posture Review” (NPR) together lead to the creation of a new set of nuclear strike options—OPLAN 8044 Revision 03—against nations that may plan to acquire weapons of mass destruction. These strike options are secretly presented to certain members of Congress. The new nuclear strike options will not be revealed until November 2007, when the Federation of American Scientists receives a partially declassified document from the US Strategic Command (STRATCOM) that details the strike plans. The planning for the new strike options began shortly after the 9/11 attacks, and the US Strategic Command created scenarios for attacking countries such as Russia, China, Iran, Iraq, Syria, Libya, and North Korea; the plan will take effect on March 1, 2003, just weeks before the US invasion of Iraq. Until the documents become publicly available in 2007, Bush administration and Pentagon officials will insist that not only has the US not changed its nuclear policy, it has actually decreased the role of nuclear weapons in its strategic planning (see March 10, 2002, March 9, 2002, and October 9, 2007). Those disavowals will be proven false. Instead, according to the STRATCOM document, one of the first options delineated in the NPR is the use of these newly created nuclear strike options. The significance of the NPR’s new options is in the fact that before now, such scenarios have not been included in the national strategic plans, and “on-the-shelf” plans for nuclear bombing and missile strikes against “rogue” states have not been available. Although the details of the strikes remain classified, it is evident that the planning for these strikes goes far deeper than simple retaliation, but includes, in the words of scientist Hans Kristensen: “actual nuclear warfighting intended to annihilate a wide range of facilities in order to deprive the states the ability to launch and fight with WMD. The new plan formally broadened strategic nuclear targeting from two adversaries (Russia and China) to a total of seven.” [Defense, 1/8/2002 pdf file; Federation of American Scientists, 11/5/2007]

Entity Tags: Federation of American Scientists, Bush administration (43), US Department of Defense, US Strategic Command, Hans Kristensen

Timeline Tags: US International Relations

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

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

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

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

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

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

Timeline Tags: Civil Liberties

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

After more than two months and more than 350 inspections, the UN teams have failed to find the arsenal of banned weapons the US and Britain claim Iraq has. Nor are there any signs of programs to build such weapons. The London Observer reports that International Atomic Energy Agency (IAEA) inspectors are convinced Iraq does not have a reconstituted nuclear weapons program. “IAEA officials and intelligence sources admit it is extremely unlikely that Iraq has nuclear weapons squirreled away,” The Observer reports, explaining that “… the IAEA [had] revealed that analysis of samples taken by UN nuclear inspectors in Iraq… showed no evidence of prohibited nuclear activity.” [Observer, 1/26/2003; Los Angeles Times, 1/26/2003; Washington Post, 12/27/2003]

Entity Tags: International Atomic Energy Agency, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

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

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo regards the application of international law to the United States (see January 22, 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney gives one of the first public indications that he and his office have a keen and active interest in expanding the power of the presidency (see January 21, 2001). Interviewed by ABC’s Cokie Roberts, Cheney openly discusses his interest in reversing the restraints placed on the presidency after Watergate and the Vietnam War. He calls the restraints “unwise compromises” that serve to “weaken the presidency and the vice presidency.” His job, he explains, is to reverse the “erosion of [presidential] powers and the ability of the president of the United States to do his job.” Cheney says he has laid out his case to President Bush, who agrees with his rationale and his agenda. “One of the things that I feel an obligation on—and I know the president does, too, because we talked about it—is to pass on our offices in better shape than we found them to our successors.” [Savage, 2007, pp. 75-76]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Cokie Roberts

Timeline Tags: Civil Liberties

The State Department’s Bureau of Intelligence and Research (INR) sends Colin Powell a memo warning that the current draft (see January 30-February 4, 2003) of Powell’s UN speech contains 38 “weak” and “unsubstantiated” allegations. It says the allegation that Saddam has plans to conceal his WMDs is from mostly “questionable sources” and that the alleged decontamination vehicles—purported to be evidence of Iraqi WMD—are “water trucks that can have legitimate uses.” The memo emphatically warns that the section on the aluminum tubes is “WEAK” and contains “egregious errors.” It also disputes the speech’s claim that terrorists “could come through Baghdad and pick-up biological weapons.” As a result of the memo’s warnings, 28 of the 38 allegations identified by INR as weak are removed from the draft. Two days later, three more claims are removed when INR objects to seven more of the speech’s allegations. [Isikoff and Corn, 2006, pp. 179]

Entity Tags: Colin Powell, Bureau of Intelligence and Research

Timeline Tags: Events Leading to Iraq Invasion

James Ho, an attorney-adviser to the Office of Legal Counsel (OLC), sends a classified memo to the OLC’s John Yoo. The memo, entitled “RE: Possible interpretation of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War,” will remain secret, but according to the American Civil Liberties Union (ACLU), it is likely a legal interpretation of Common Article 3 of the Geneva Convention, the section addressing the treatment of prisoners of war. The ACLU believes the memo interprets the scope of prohibited conduct under Common Artlcle 3, and gives specificity to the phrases “outrages upon personal dignity” and “humiliating and degrading treatment.” It also believes that the memo determines that Geneva does not apply to conflicts with terrorist organizations. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

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

Timeline Tags: Civil Liberties

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Bureau of Intelligence and Research, Defense Intelligence Agency

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

Unnamed US intelligence officials tell the New York Times that the CIA has no evidence that Saddam Hussein’s government has participated in any militant operations against the United States in nearly a decade. The agency also believes that Saddam Hussein has not provided chemical or biological weapons to al-Qaeda or other militant Islamic organizations. [New York Times, 2/6/2002 Sources: Unnamed US Intelligence Officials]

Entity Tags: Saddam Hussein

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

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The Salt Pit, a secret CIA prison near Kabul, Afghanistan.The Salt Pit, a secret CIA prison near Kabul, Afghanistan. [Source: Space Imaging Middle East]President George Bush signs a secret order authorizing the CIA to set up a network of secret detention and interrogation centers outside the United States where high value prisoners can be interrogated “with unprecedented harshness.” [Newsweek, 5/24/2004] This takes place shortly after February 7, 2002, when Bush declared that al-Qaeda and Taliban prisoners were not subject to the Geneva Convention (see February 7, 2002). The first secret CIA prison will begin operating in Thailand in March 2002 (see March 2002).

Entity Tags: George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former CIA Director James Woolsey telephones Deputy Assistant Defense Secretary Linton Wells to arrange a meeting between Defense Intelligence Agency (DIA) analysts and Mohammad Harith, an Iraqi defector being supplied by the Iraqi exile group, the Iraqi National Congress. [Knight Ridder, 7/16/2004 Sources: Classified Pentagon report] After the phone call, Wells issues an “executive referral,” requesting that the Iraqi National Congress (INC) introduce Harith to the Pentagon’s Defense Intelligence Agency (DIA). [Knight Ridder, 7/16/2004] Later in the day, two DIA officers meet with Ahmed Chalabi to arrange an interview with Harith. In an email to Knight Ridder Newspapers, Wells will later recall, “I discussed the issue of an individual with information on Iraq[i] weapons of mass destruction with intelligence community members. They said they would follow up. I never met with any member of the INC.” [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Linton Wells, Iraqi National Congress, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]

Entity Tags: Defense Intelligence Agency, Ray McGovern, Richard (“Dick”) Cheney

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

FBI translator Sibel Edmonds submits a confidential memo (see Between February 1, 2002 and February 11, 2002) alleging that co-translator Melek Can Dickerson shielded Turkish officials from an FBI investigation by failing to translate important wiretapped conversations. Edmonds’ supervisor, Stephanie Bryan, passes the memo onto supervisory special agent Tom Frields. But Frields says he will not look at the memo until after Dickerson and supervisor Mike Feghali have reviewed and commented on it. Shortly after submitting the memo, Edmonds is informed that she is being investigated by the bureau’s security department because she wrote the memo on a home computer, even though she had received explicit permission to do so (see Between February 1, 2002 and February 11, 2002). Before leaving the office, Dickerson allegedly comes over to her and says, “Why are you doing this, Sibel? Why don’t you just drop it? You know there could be serious consequences. Why put your family in Turkey in danger over this?” [New York Observer, 1/22/2004; Vanity Fair, 9/2005] The following day, three FBI agents come to the home of Sibel and Matthew Edmonds and seize their computer. [Associated Press, 1/14/2005; Vanity Fair, 9/2005]

Entity Tags: Thomas Frields, Stephanie Bryan, Sibel Edmonds, Melek Can Dickerson, Mike Feghali

Timeline Tags: Complete 911 Timeline

Valerie Plame Wilson.Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]

Entity Tags: Joseph C. Wilson, Central Intelligence Agency, Counterproliferation Division, Valerie Plame Wilson, Richard (“Dick”) Cheney

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

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) holds a meeting with former ambassador Joseph Wilson, intelligence analysts from both the CIA and State Department’s Bureau of Intelligence and Research (INR), and several individuals from the DO’s Africa and CPD divisions. The purpose of the meeting is to discuss the merits of sending Wilson to Niger. Wilson is introduced by his wife Valerie Plame Wilson, who heads CPD’s Joint Task Force on Iraq (JTFI). [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Wife Does Not Participate in Meeting - In her 2007 book Fair Game, Plame Wilson will write that she brings her husband into the briefing room, introduces him to the “10 or so participants,” and “[a]fter a minute or so, I went back to my desk to attend to what seemed like a hundred other operational crises. When the meeting broke, Joe poked his head in my office to say that the group had asked him to consider going to Niger to discuss the report.” [Wilson, 2007, pp. 111]
Wilson's Qualifications - Wilson will later describe himself as “the insider increasing [the CIA analysts’] store of information, supplying that perspective missing from their raw data. I had served as a junior diplomatic officer in Niger in the mid-1970s, a period that happened to coincide with the growth in the uranium business there. We had followed this issue closely from the American Embassy in Niamey, Niger’s capital, just as my staff and I had when I was ambassador to Gabon, another uranium-producing country, from 1992 to 1995. When I worked on the National Security Council in the Clinton administration two years later, among my areas of responsibility was the African uranium industry. Rarely did conversations with Africans from uranium-producing countries fail to touch on the subject. Niger, where I had traveled frequently over the years, was always of particular interest.” [Wilson, 2004, pp. 8]
Details Shared with Wilson - In the meeting, Wilson learns of a report that purports to document a memorandum of sale from Niger to Iraq, and that the report had aroused the interest of Vice President Dick Cheney (see (February 13, 2002)). Cheney’s office has tasked the CIA to determine the truth or falsity of the report. The report is lacking in key details. Wilson’s knowledge of the region, particularly of the government and private interests involved in mining and distributing uranium, will be particularly helpful. Wilson later writes, “The Nigeriens were the same people I had dealt with during and after my time at the National Security Council, people I knew well.” The former minister of mines, the man responsible for oversight of the industry at the time of the alleged sales, is a friend of his.
Skepticism among Participants about Report - Wilson will later describe himself as “skeptical, as prudent consumers of intelligence always are about raw information.” He will note that much of this kind of intelligence is classified as “rumint,” or rumors passing as fact, and is usually “no more reliable than Bigfoot sightings. Rumint is a necessary and unfortunate reality in a world where many people will tell you what they think you want to hear, as opposed to simple facts.” [Wilson, 2004, pp. 14-15] Notes taken by INR analyst Douglas Rohn, as well as e-mails from other participants, indicate that INR expresses skepticism that the alleged uranium contract could have taken place. Rohn, who served as deputy chief of mission in Niger during the ‘90s, writes that it would have been very difficult to conceal such a large shipment of yellowcake because “the French appear to have control of the uranium mining, milling and transport process, and would seem to have little interest in selling uranium to the Iraqis.” INR also says that the embassy in Niger has good contacts and is thus in a position to get to the truth on the matter, and therefore believes the proposed trip to Niger would be redundant. Others attending the meeting argue that the trip would probably not resolve the matter because the Nigeriens would be unlikely to admit to a uranium sales agreement with Iraq. An e-mail from a WINPAC analyst to CPD following the meeting notes, “[I]t appears that the results from this source will be suspect at best, and not believable under most scenarios.” CPD nonetheless concludes that sending Wilson would be worth a try. [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Open and Public Visit - Wilson is willing, but points out that he is not a spy, but a former diplomat with no experience with clandestine work. He will be recognized in Niger. Therefore, there can be no expectation of any covert or clandestine actions on his part; everything he does will be open and above board. He also insists on obtaining the approval of both the State Department and the US Ambassador to Niger, Barbro Owens-Kirkpatrick, before entering the country. He expects no payment for his visit, but will accept reimbursement for expenses. The others in the meeting agree. The rest of the two-hour meeting is spent considering and plotting out various scenarios, based on who he might see and what he might learn during his visit. [Wilson, 2004, pp. 16-17] “I went through what I knew about… uranium,” Wilson later recalls. “I went through what I knew about the personalities.… People chimed in, and I answered them as best I could. It was a kind of free-for-all, and at the end they sort of asked, ‘Well, would you be able to clear your schedule and go out there if we wanted?’ and I said, ‘Sure.’” [Vanity Fair, 1/2004]

Entity Tags: Douglas Rohn, Counterproliferation Division, Joseph C. Wilson, Valerie Plame Wilson, US Embassy in Niger, Bureau of Intelligence and Research

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

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

David Walker, comptroller of the General Accounting Office (GAO) and a Ronald Reagan appointee, files a lawsuit to compel Vice President Dick Cheney and his office to reveal the names of the private businessmen and organizational officials that his energy task force (see January 29, 2001) met with to craft the Bush administration’s energy policies (see May 8, 2001). This is the first time since its creation in 1920 that the GAO has been forced to file suit to compel another government agency to follow the law and cooperate with its requests. [Dean, 2004, pp. 78-79] In a statement, Walker writes: “This is the first time that GAO has filed suit against a federal official in connection with a records access issue. We take this step reluctantly. Nevertheless, given GAO’s responsibility to Congress and the American people, we have no other choice. Our repeated attempts to reach a reasonable accommodation on this matter have not been successful. Now that the matter has been submitted to the judicial branch, we are hopeful that the litigation will be resolved expeditiously. [General Accounting Office, 2/22/2002 pdf file]
'Fundamental Questions' about Governmental 'Checks and Balances' - Former Nixon White House counsel John Dean will write in 2004: “This was, to say the least, a high-stakes lawsuit. It raised fundamental questions about the very nature of our system of checks and balances. If the GAO could not get the information it requested, then there was a black hole in the federal firmament—a no-man’s land where a president and vice president could go free from Congressional oversight.” By random selection, the case lands in the court of Judge John Bates, a career Justice Department lawyer who once worked for the Whitewater investigative team led by Kenneth Starr, and had just recently been appointed to the bench by President Bush. The choice of Bates will prove critical to the verdict of the case. [Dean, 2004, pp. 78-79]
Schlafly: Secrecy a 'Mistake' - Conservative commentator and activist Phyllis Schlafly will write in 2002: “[T]he public wants to know how our energy policy was developed. When information is kept secret, the natural inference is that there must be something the administration is very eager to hide. While private businesses and households can be selective about what they tell the world, the American people are not willing to accord the same privacy to public officials paid by the taxpayers. Regardless of the legal veil woven over the energy policy meetings, Cheney’s secrecy is a political mistake.” [Eagle Forum, 3/6/2002]

Entity Tags: Kenneth Starr, Phyllis Schlafly, US Department of Justice, Richard (“Dick”) Cheney, John Dean, Government Accountability Office, Bush administration (43), David Walker, George W. Bush, Energy Task Force, John Bates

Timeline Tags: US Environmental Record, Civil Liberties

Carlton W. Fulford Jr.Carlton W. Fulford Jr. [Source: US Marine Corps]Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282; US Congress, 7/7/2004] After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282] The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. [Voice of America, 7/15/2003]

Entity Tags: Mamadou Tandja, Joseph Ralston, Barbro Owens-Kirkpatrick, Richard B. Myers, Aichatou Mindaoudou, Carlton W. Fulford, US Department of Defense

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

The house in Faisalabad where Abu Zubaida will be arrested.The house in Faisalabad where Abu Zubaida will be arrested. [Source: PBS]At some time around February 2002, intelligence leads to the location of Abu Zubaida. He will be captured in Faisalabad, Pakistan, in late March 2002 (see March 28, 2002). However, accounts on what intelligence leads to Zubaida’s location differ greatly:
Call to Yemen? - According to the Associated Press, “Pakistani intelligence officials have said quietly that a mobile phone call Abu Zubaida made to al-Qaeda leaders in Yemen led to his arrest.” [Associated Press, 4/20/2002] This could be a reference to the “Yemen hub,” an important al-Qaeda communication node in Yemen that has long been monitored by US intelligence. The hub is used until the middle of February 2002, when it is raided and shut down (see February 13, 2002).
Bribes Play Key Role? - According to books by Jane Mayer and Ron Suskind, Pakistani intelligence officers in Pakistan’s tribal region notice a caravan of vehicles carrying tall women wearing burqas who turn out to be male Islamist militants in disguise. According to Suskind’s version, the militants are arrested, but refuse to talk. According to Mayer’s version, the caravan is allowed to proceed. However, both authors agree that a bribe to the driver of one of the cars reveals that their destination is Faisalabad, Pakistan. Suskind adds that the driver gives up the name of a contact in Faisalabad, and that contact is found and reveals that Zubaida has arrived in town. US intelligence begins intensively monitoring Faisalabad. Afterwards, Mayer claims that the CIA buys the ISI’s help. A CIA source involved in the situation will later tell Mayer, “We paid $10 million for Abu Zubaida.” [Suskind, 2006, pp. 84; Mayer, 2008] In 2006, Pakistani President Pervez Musharraf will write in a memoir, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Musharraf, 2006, pp. 190]
CIA Tracks Zubaida's Calls? - According to a 2008 New York Times article, in February 2002, the CIA learns that Zubaida is in Lahore or Faisalabad, Pakistani cities about 80 miles apart and with a combined population of over 10 million. The Times does not say how the CIA learns this. The CIA knows Zubaida’s cell phone number, although it is not explained how this was discovered either. (However, it had been reported elsewhere that Zubaida’s number had been monitored since at least 1998 (see October 1998 and After) and was still being monitored after 9/11 (see September 16, 2001 and After) and October 8, 2001).) Specialists use an electronic scanner that can track any operating cell phone and give its approximate location. However, Zubaida only turns his phone on briefly to collect messages, so his location cannot be pinpointed. A talented CIA official named Deuce Martinez gets involved. He posts a large, blank piece of paper on a wall, and writes Zubaida’s phone number in the middle of it. Then he and others add linked phone numbers, using the monitoring capabilities of the NSA and Pakistani intelligence. A map of Zubaida’s contacts grows. Eventually, Martinez and others are able to narrow Zubaida’s location down to 14 addresses in Lahore and Faisalabad, and these places are put under surveillance. Rather than wait any longer for more intelligence, all 14 locations are raided at once in a joint Pakistani-CIA operation on March 28, 2002, and Zubaida is found in one of the Faisalabad addresses. [New York Times, 6/22/2008]
Key Call to Bin Laden or Al-Zawahiri? - Suskind’s book will also give the story of the CIA narrowing down the locations by monitoring local phone calls. He says that teams of CIA and FBI arrive in Faisalabad on March 17 for more intensive monitoring. Then, the key break comes near the end of the month, when two calls from a certain house in Faisalabad are made to phone numbers in Afghanistan that might be linked to Osama bin Laden or al-Qaeda number two leader Ayman al-Zawahiri. By this account, US intelligence already has a good idea which of the 14 locations Zubaida is in, because of those calls. [Suskind, 2006, pp. 87-89]
Explanations May Not Conflict - Note that these explanations do not necessarily conflict. For instance, bribes could have provided the lead that Zubaida was in Faisalabad, and then further CIA monitoring could have narrowed down his location there. Bribes also could have helped insure that Pakistani intelligence did not tip off Zubaida prior to the raid. The calls to Yemen and/or Afghanistan may have played a role along with other intelligence.

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Agency, Al-Qaeda, Central Intelligence Agency, Deuce Martinez, Abu Zubaida, US intelligence, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, War in Afghanistan

An al-Qaeda operations leader gives American al-Qaeda member Jose Padilla (see September-October 2000) an assignment: target high-rise buildings in the US that use natural gas. Padilla and al-Qaeda leaders consider buildings in Florida, Washington, DC, and New York City as potential targets. Though al-Qaeda leaders consider Padilla an incompetent (see Mid-April 2002), they give him $15,000 to begin putting together a plan. [Associated Press, 6/2004] Instead, Padilla will be captured by FBI agents as he comes into Chicago (see May 8, 2002).

Entity Tags: Al-Qaeda, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A few days after the State Department determines that the reported secret uranium deal between Iraq and Niger is “unlikely” (see March 1, 2002), former ambassador Joseph Wilson returns from his fact-finding trip to Niger (see February 21, 2002-March 4, 2002). Wilson tells CIA officials that he found no evidence to show that any such deal ever took place. [Unger, 2007, pp. 241] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write that the debriefing actually begins shortly after Wilson’s arrival in the US, with “two clean-cut CIA officers, one of whom was the reports officer who had suggested sending Joe to Niger in the first place” (see February 13, 2002), arriving at the Wilson home, “clearly eager to debrief Joe so they could immediately write up an intelligence report on his trip.” Plame Wilson deliberately absents herself from the debriefing taking place in her living room, though she joins her husband and the two CIA officers for a late dinner of takeout Chinese food, where they discuss general subjects. [Wilson, 2004, pp. 29; Wilson, 2007, pp. 112] Based on Wilson’s information, the CIA’s Directorate of Operations (DO)‘s case officer writes a draft intelligence report and sends it to the DO reports officer, who adds additional relevant information from his notes. [US Congress, 7/7/2004] The report will be distributed by March 8, 2002 (see March 8, 2002). [Wilson, 2007, pp. 370]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

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

Deputy Assistant Attorney General Joan Larsen and Gregory Jacob, an attorney-adviser to the Office of Legal Counsel (OLC), send a classified memo to lawyers in the Justice Department’s civil division. The memo will remain secret, but the American Civil Liberties Union (ACLU) will learn that it regards the availability of habeas corpus protections to detainees captured in the US’s “war on terror.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo asserts that detainees have no habeas corpus protections, and therefore cannot challenge their detentions in US courts, despite multiple Supreme Court rulings to the contrary. [ProPublica, 4/16/2009]

Entity Tags: US Supreme Court, Joan Larsen, Office of Legal Counsel (DOJ), American Civil Liberties Union, Gregory Jacob, US Department of Justice

Timeline Tags: Civil Liberties

Senior CIA case officer Valerie Plame Wilson (see April 2001 and After), whose husband, former ambassador Joseph Wilson, has recently returned from a trip to Africa to find out the facts behind the allegation that Iraq had attempted to buy uranium from Niger (see February 13, 2002), receives a copy of the final intelligence report written about her husband’s trip (see March 4-5, 2002). In her 2007 book Fair Game, Plame Wilson says she receives the report “as a simple courtesy [from] the reports officer” who had suggested Wilson journey to Niger and investigate the allegations. Plame Wilson will recall the report as being “a couple of pages long and fairly straightforward, in the typical bland style of such reports.” She reads the report, makes “no changes,” and gives it back to the reports officer. [Wilson, 2007, pp. 113]

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 pdf file; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]

Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson

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

Speaking in regard to media reports of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001), the Defense Department issues a statement downplaying its meaning. The statement reads in part: “We will not discuss the classified details of military planning or contingencies, nor will we comment on selective and misleading leaks. The Nuclear Posture Review is required by law. It is a wide-ranging analysis of the requirements for deterrence in the 21st century. This review of the US nuclear posture is the latest in a long series of reviews since the development of nuclear weapons. It does not provide operational guidance on nuclear targeting or planning. The Department of Defense continues to plan for a broad range of contingencies and unforeseen threats to the United States and its allies. We do so in order to deter such attacks in the first place. Of particular significance in the new Nuclear Posture Review is President Bush’s decision to reduce operationally deployed strategic nuclear weapons by two-thirds, a decision made possible by the new strategic relationship with Russia.” [Federation of American Scientists, 3/9/2002] The Defense Department is being deceptive in its attempt to downplay the NPR, which in fact is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: US Department of Defense

Timeline Tags: US International Relations

After the existence of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001) is leaked to the media, the chairman of the Joint Chiefs of Staff, Richard Myers, goes on CNN to claim that the document has little real meaning in an operational sense, but instead is just a policy document that outlines the general US deterrence strategies towards nations with weapons of mass destruction. Nuclear weapons are just one part of that strategy, Myers says. Myers says that the document merely preserves the president’s options “in case this country or our friends and allies were attacked with weapons of mass destruction, be they nuclear, biological, chemical, or for that matter high explosives.” He adds: “It’s been the policy of this country for a long time that the president would always reserve the right up to and including the use of nuclear weapons if that was appropriate. So that continues to be the policy.” [CNN, 3/10/2002] Myers’ attempts to downplay the NPR are inaccurate, as it is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: Joint Chiefs of Staff, Richard B. Myers

Timeline Tags: US International Relations

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

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

Timeline Tags: Civil Liberties

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Testifying before the Senate Intelligence Committee, CIA Director George Tenet says: “There is no doubt that there have been (Iraqi) contacts and linkages to the al-Qaeda organization. As to where we are on September 11, the jury is still out. As I said carefully in my statement, it would be a mistake to dismiss the possibility of state sponsorship whether Iranian or Iraqi and we’ll see where the evidence takes us…. There is nothing new in the last several months that changes our analysis in any way…. There’s no doubt there have been contacts or linkages to the al-Qaeda organization…. I want you to think about al-Qaeda as a front company that mixes and matches its capabilities…. The distinction between Sunni and Shia that have traditionally divided terrorists groups are not distinctions we should make any more, because there are common interests against the United States and its allies in this region, and they will seek capabilities wherever they can get it…. Their ties may be limited by divergent ideologies, but the two sides’ mutual antipathies toward the United States and the Saudi royal family suggests that tactical cooperation between them is possible.” [PBS, 3/19/2002; Agence France-Presse, 3/20/2002]

Entity Tags: George J. Tenet

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

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

Peter Ricketts, the British Foreign Office’s political director, offers advice to Foreign Secretary Jack Straw who is to provide Tony Blair with a note (see March 25, 2002) before he sets off for a planned meeting with Bush in Texas. In the memo, Ricketts recommends that Blair back the Bush policy on regime change, in a broad sense, because it would allow the British to exert some influence on the exact shape of the administration’s policy. “In the process, he can bring home to Bush some of the realities which will be less evident from Washington,” he says. “He can help Bush make good decisions by telling him things his own machine probably isn’t.” But he acknowledges that the British, in backing US plans against Iraq, may have a difficult time convincing Parliament and the British public to support the use of military force against Iraq because of scant evidence supporting Washington’s allegations against Iraq. “The truth is that what has changed is not the pace of Saddam Hussein’s WMD programs, but our tolerance of them post-11 September.” He adds that the “figures” being used in a dossier on Iraq that Downing Street is drafting needs more work in order for it to be “consistent with those of the US.” He explains: “[E]ven the best survey of Iraq’s WMD programs will not show much advance in recent years on the nuclear, missile, or chemical weapons/biological weapons fronts: the programs are extremely worrying but have not, as far as we know, been stepped up.” He also says the US has little evidence to support its other allegation. “US scrambling to establish a link between Iraq and al-Qaeda is so far frankly unconvincing,” he says. [United Kingdom, 3/22/2002 pdf file; Daily Telegraph, 3/21/2005; Guardian, 4/21/2005; Los Angeles Times, 6/15/2005]

Entity Tags: Peter Ricketts, Tony Blair, Jack Straw

Timeline Tags: Events Leading to Iraq Invasion

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Abu Zubaida injured, shortly after his arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]After al-Qaeda leader Abu Zubaida is captured on March 28, 2002 (see March 28, 2002), the CIA takes control of his detention and interrogation, but there is no legal clarity over just how aggressive his interrogation can be for several months. [Tenet, 2007, pp. 241] Thereforem the CIA asks the White House “what the legal limits of interrogation are,” according to Justice Department lawyer John Yoo. [Washington Post, 6/25/2007] CIA Director George Tenet will write in his 2007 book: “Now that we had an undoubted resource in our hands—the highest-ranking al-Qaeda official captured to date—we opened discussions within the National Security Council as to how to handle him, since holding and interrogating large numbers of al-Qaeda operatives had never been part of our plan.… We wondered what we could legitimately do to get that information. Despite what Hollywood might have you believe, in situations like this you don’t call in the tough guys, you call in the lawyers. It took until August to get clear guidance on what Agency officers could legally do.” [Tenet, 2007, pp. 241] This is a reference to an August 1, 2002 Justice Department memo legally justifying the use of some interrogations generally deemed to be torture (see August 1, 2002). But it appears Zubaida was subjected to the most extreme interrogation methods the US used, such as waterboarding, well before August 2002 (see Mid-May 2002 and After). However, during this period of uncertainty and into 2003, the CIA gets advice from Michael Chertoff, head of the Justice Department’s criminal division at the time, about which techniques are likely legal and which ones are not (see 2002-2003).

Entity Tags: Michael Chertoff, Abu Zubaida, George J. Tenet, Central Intelligence Agency, John C. Yoo

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]

Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Justice Department lawyer Patrick Philbin sends a classified memo to Daniel Bryant, a lawyer with the Justice Department’s Office of Legal Counsel, concerning the “Swift Justice Authorization Act.” The memo states that Congress has no power to interfere with President Bush’s authority to act as commander in chief to control US actions during wartime, including Bush’s authority to promulgate military commissions to try and sentence suspected terrorists and other detainees taken by the US as part of its “war on terror.” Philbin’s colleague, OLC lawyer John Yoo, will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [US Department of Justice, 4/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will be made public in early 2009 (see March 2, 2009).

Entity Tags: Office of Legal Counsel (DOJ), Patrick F. Philbin, US Department of Justice, Daniel Bryant, John C. Yoo

Timeline Tags: Civil Liberties

The capture of al-Qaeda leader Abu Zubaida (see March 28, 2002) is leaked to the press shortly after it occurs and on April 9, 2002, President Bush says in a speech: “The other day we hauled in a guy named Abu Zubaida. He’s one of the top operatives planning death and destruction on the United States. He’s not plotting and planning anymore.” In the weeks and months that follow, Bush and others in his administration will repeatedly tout the importance of capturing Zubaida. He is frequently described as “chief of operations” for all of al-Qaeda and the group’s number three leader. Zubaida is the only significant al-Qaeda capture in the first year after 9/11, so there is pressure to hype his importance. However, at the time there is a raging debate among US intelligence analysts as to Zubaida’s actual importance and even his mental sanity (see Shortly After March 28, 2002). According to journalist Ron Suskind, one day, when CIA Director George Tenet reminds Bush that Zubaida was not such a top leader after all, Bush reportedly says to him: “I said he was important. You’re not going to let me lose face on this, are you?” Tenet replies, “No sir, Mr. President.” Suskind will later comment: “In the wide, diffuse ‘war on terror,’ so much of it occurring in the shadows—with no transparency and only perfunctory oversight—the administration could say anything it wanted to say.… The administration could create whatever reality was convenient.” [Suskind, 2006, pp. 99-100] But in 2006, the Office of the Director of National Intelligence (DNI) will issue a report containing the biographies of al-Qaeda detainees held at Guantanamo. In marked contrast to previous announcements, this biography downgrades the importance of Zubaida. It merely calls him a “leading extremist facilitator” and “one of al-Qaeda’s senior travel facilitators,” and says he is “not believed to be directly linked to the attacks on 11 September 2001.” [Office of the Director of National Intelligence, 9/6/2006 pdf file; Time, 9/6/2006; Dickey, 2009, pp. 77] In 2006, Bush will make new claims about Zubaida’s capture that are at odds with the known facts (see September 6, 2006).

Entity Tags: Ron Suskind, George W. Bush, Bush administration (43), Abu Zubaida, George J. Tenet

Timeline Tags: Complete 911 Timeline

Binyam Mohamed, a young British Muslim detained by Pakistani authorities while attempting to fly to London (see September 2001 - April 9, 2002), remains in Pakistani custody for two weeks before he is interrogated by an American FBI agent calling himself “Chuck.”
Denied Lawyer - Mohamed asks for a lawyer and Chuck replies, according to Mohamed: “The law’s changed. There are no lawyers. Either you’re going to answer me the easy way or I get the information I need another way.” Like other American intelligence and law enforcement agents, Chuck wants information about possible radioactive bombs or weapons in the hands of Islamist militants. “Every interrogator would ask questions about it,” a former CIA officer will later say.
Spoof Website - Mohamed unwittingly sets off alarms when he mentions having seen a spoof website with instructions on how to build a nuclear device—the instructions say that one can refine bomb-grade uranium by whirling a bucket around one’s head. In 2009, Mohamed will recall: “I mentioned the website to Chuck. It was obviously a joke: it never crossed my mind that anyone would take it seriously. But that’s when he started getting all excited.” Chuck begins accusing Mohamed of being in league with Osama bin Laden to construct a nuclear weapon: “Towards the end of April he began telling me about this A-bomb I was supposed to be building, and he started on about Osama bin Laden and his top lieutenants, showing me pictures and making out I must have known them.”
Harsh Methods - “He started asking me about operations and what type I had been trained for,” Mohamed will add. It is during this time that Mohamed is subjected to harsh, abusive interrogation methods: “For at least 10 days I was deprived of sleep. Sometimes the Pakistanis chained me from the top of the gate to the cell by my wrists from the end of one interrogation to the start of the next for about 22 hours. If I shouted, sometimes I would be allowed to use a toilet. Other times, they wouldn’t let me go and I would p_ss myself. They had a thick wooden stick, like a kind of paddle, which they used to beat me while I was chained. They’d beat me for a few minutes, then stop, then start again. They also carried out a mock execution. A guard put a gun to my head and said he was going to pull the trigger. They were saying, ‘This is what the Americans want us to do.’” [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Chuck” (FBI agent), Federal Bureau of Investigation, Binyam Mohamed

Timeline Tags: Torture of US Captives

Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]

Entity Tags: Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington.The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]

Entity Tags: James Elmer Mitchell, Abu Zubaida, Steve Kleinman, Michael Rolince, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. [Vanity Fair, 7/17/2007] Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Entity Tags: R. Scott Shumate, Counterterrorist Center, Abu Zubaida, Central Intelligence Agency, James Elmer Mitchell

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In a column for the National Review advocating the immediate overthrow of Iraq’s Saddam Hussein, neoconservative Jonah Goldberg praises his fellow neoconservative Michael Ledeen and urges the US to implement what he calls the “Ledeen Doctrine,” which he paraphrases as: “Every ten years or so, the United States needs to pick up some small, crappy little country and throw it against the wall, just to show the world we mean business.” Goldberg says that he heard Ledeen make this statement in an early 1990s speech. [National Review, 4/23/2002; Unger, 2007, pp. 149]

Entity Tags: Saddam Hussein, Michael Ledeen, Jonah Goldberg

Timeline Tags: Neoconservative Influence

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. [Associated Press, 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla, 6/28/2004]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Jose Padilla

Timeline Tags: Torture of US Captives

Ahmed al-Hada, an operative who ran an al-Qaeda communications hub in Yemen that was monitored by US intelligence, is said to be arrested by authorities in Yemen, though it is not known exactly when this happened. The hub was involved in the East African embassy bombings (see August 4-25, 1998), the attack on the USS Cole (see Mid-August 1998-October 2000) and 9/11 (see Early 2000-Summer 2001). His son, who helped run the hub, died while being pursued by security forces in February 2002 (see February 13, 2002). Details such as whether he is questioned by the US, whether he is charged, and the place he is being held are unknown. [Agence France Presse, 5/11/2002] According to author Lawrence Wright, he will still be in custody in 2006. [Wright, 2006, pp. 378] However, an undated MSNBC article apparently written around 2005 will list him as still being at large. [MSNBC, 5/2005]

Entity Tags: Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The New York Post has a banner headline on May 16, 2002.The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). [New York Times, 5/15/2002; Washington Post, 5/16/2002] CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” [McClellan, 2008, pp. 113] Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” [New York Times, 5/15/2002; Washington Post, 5/16/2002] “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” [MSNBC, 9/18/2002] Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” [Washington Post, 5/18/2002] The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” [Guardian, 5/19/2002] Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” [McClellan, 2008, pp. 113]

Entity Tags: Bush administration (43), David Martin, Osama bin Laden, George W. Bush, Scott McClellan, Ari Fleischer, Joe Conason

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. [Posner, 2003, pp. 186, 191; Suskind, 2006, pp. 110-115] According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” [New Yorker, 8/6/2007] Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” [Suskind, 2006, pp. 115] The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” [New York Times, 9/10/2006] Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. [New Yorker, 8/6/2007] The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. [New York Times, 9/10/2006]

Entity Tags: Central Intelligence Agency, James Elmer Mitchell, Abu Zubaida, Steve Kleinman

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). [Daily Mail, 3/8/2009]

Entity Tags: UK Security Service (MI5), “John” (MI5 agent), Central Intelligence Agency, Binyam Mohamed

Timeline Tags: Torture of US Captives

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 pdf file] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]

Entity Tags: Robert S. Mueller III, Richard (“Dick”) Cheney, Donald Rumsfeld, Tom Ridge, Ari Fleischer, Al-Qaeda, David Martin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Domestic Propaganda

Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” [Suskind, 2006, pp. 121] His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Donald Rumsfeld

Timeline Tags: Complete 911 Timeline

Bush and Putin at a Kremlin news conference announcing the SORT signing.Bush and Putin at a Kremlin news conference announcing the SORT signing. [Source: September 11 News (.com)]Presidents George W. Bush and Vladimir Putin sign a joint US-Russian treaty, the Strategic Offensive Reductions Treaty (SORT), agreeing to reduce their strategic nuclear arsenals from some 6,000 warheads, respectively, to between 1,700 and 2,200 warheads apiece. Bush allies hail the agreement as evidence of Bush’s willingness to negotiate with other nations and his desire to reduce and perhaps end the threat of mutual nuclear annihilation. However, the treaty is very similar in content to an informal agreement between Presidents Bill Clinton and Boris Yeltsin in 1997. And SORT has far more flexibility built into its framework than either Clinton or Yeltsin had discussed: it does not call for the destruction of delivery vehicles, as the START I and II agreements had (see May 1982 and After), nor does it call for the destruction of warheads themselves, as START III had. In reality, either side can merely remove weapons from missiles and bombers, store them, and redeploy them in the future. Secretary of State Colin Powell will reassure conservative senators in June that “the treaty will allow you to have as many warheads as you want.” Arms reduction opponent John Bolton (see June 2001) approves the treaty, later noting that it “provided ‘exit ramps’ to allow for rapid change.” The treaty—only 500 words long—provides for no verification protocols whatsoever. And, as author J. Peter Scoblic will later write, “in a bit of diplomatic quantum mechanics, the treaty’s warhead limit was slated to take effect on the very day that it expired—December 31, 2012—meaning it would be valid for no more than twenty-four hours.” Scoblic will conclude that the treaty, in line with Bush’s “new strategic framework” (see May 1, 2001), is “still designed to fight nothing less than an all-out nuclear war with Russia.” [Federation of American Scientists, 5/24/2002; Scoblic, 2008, pp. 177-178] Bush sees little need for the treaty, or any treaty, saying that “mutual trust” between the US and Russia should suffice (see July 2001). He agrees to this treaty in what Scoblic later calls a “condescending” manner, saying, “If we need to write it down on a piece of paper, I’ll do that.” Bolton will later call the treaty “the end of arms control.” [Scoblic, 2008, pp. 184]

Entity Tags: J. Peter Scoblic, George W. Bush, John R. Bolton, Vladimir Putin, William Jefferson (“Bill”) Clinton, Colin Powell, Boris Yeltsin

Timeline Tags: US International Relations

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