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

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Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]

Entity Tags: John Kiriakou, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, International Committee of the Red Cross, Richard (“Dick”) Cheney, Mark Danner

Timeline Tags: Torture of US Captives

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). [Associated Press, 6/4/2002; New York Times, 6/5/2002] According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. [New York Times, 6/5/2002] There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. [CBS News, 6/5/2002] He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. [New York Times, 6/5/2002] In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Mohammed Atef, Ramzi Yousef, Ayman al-Zawahiri, Abu Zubaida, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Omar al-Faruq.Omar al-Faruq. [Source: Getty Images]On June 5, 2002, Omar al-Faruq, a top al-Qaeda senior operative in Southeast Asia, is captured in the town of Bogor, Indonesia, by Indonesian agents after receiving a tip from the CIA. Curiously, later in the year, A.C. Manulang, the recently retired head of the Indonesian intelligence agency, will suggest that al-Faruq was actually a CIA mole assigned to infiltrate Islamic radical groups. Manulang will claim that the bombings that took place in Indonesia were actually the work of anti-Islamic intelligence agencies. [Tempo, 9/19/2002] In any case, al-Faruq is flown to the CIA interrogation center at Bagram Air Base in Afghanistan where is subjected to months of intense interrogations. “It is likely, experts say, that… al-Faruq [was] left naked most of the time, his hands and feet bound. [He] may also have been hooked up to sensors, then asked questions to which interrogators knew the answers, so they could gauge his truthfulness,” the New York Times will later report. One Western intelligence official will tell the newspaper that al-Faruq’s interrogation was “not quite torture, but about as close as you can get.” For three months he is provided with very little food, subjected to sleep and light deprivation, prolonged isolation and temperatures ranging from 100 degrees to 10 degrees. On September 9, 2002, he reportedly breaks down and begins freely confessing all he knows (see September-October 2002). He provides information about “plans to drive explosives-laden trucks into American diplomatic centers [and] detailed information about people involved in those operations and other plots, writing out lengthy descriptions.” [New York Times, 3/9/2003]

Entity Tags: Omar al-Faruq

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In a successful attempt to “steal” some media coverage from FBI agent Coleen Rowley’s testimony and concurrent media blitz (see June 6, 2002), the Bush administration counters with a public relations event of its own. The same day that Rowley testifies, President Bush announces the proposed creation of the new, Cabinet-level Department of Homeland Security (DHS)—an agency proposed by Democrats and, up till now, one that Bush has vehemently opposed, preferring instead to make any such agency a subsidiary office within the White House. It will be the largest reorganization of the government since the implementation of the 1947 National Security Act, when the Defense Department, National Security Council (NSC), and CIA were created. To ensure that Rowley’s testimony does not dominate the headlines, Bush also gives an evening speech on prime-time television, again announcing the new department. In that speech, Bush calls the DHS the latest effort in the US’s “titanic struggle against terror.” In 2006, author and media critic Frank Rich will write that the announcement and speech “assur[e] that Rowley’s whistle-blowing would be knocked out of the lead position on the next day’s morning shows and newspapers.” DHS will not be officially activated for almost six months (see November 25, 2002), but the announcement and subsequent speech succeeds in driving Rowley’s testimony off the front pages and the television broadcasts. Rich will write that the announcement of the capture of alleged “dirty bomber” Jose Padilla (see June 10, 2002) four days later, even though Padilla had been in custody since May 8 (see May 8, 2002), further drives any mention or analysis of Rowley’s testimony out of the news. [White House, 6/6/2002; CNN, 6/7/2002; Rich, 2006, pp. 49-50]

Entity Tags: Frank Rich, Bush administration (43), Coleen Rowley, US Department of Homeland Security, George W. Bush

Timeline Tags: Complete 911 Timeline

In a memo to Attorney General John Ashcroft, Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), says that the US has the absolute right to detain US citizen Jose Padilla without charge and without legal representation (see May 8, 2002). Bybee also claims that the Posse Comitatus Act, which prevents the US military from operating inside the US itself, “poses no bar to the military’s operations in detaining Padilla.” [US Department of Justice, 6/8/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The day after this memo is issued, Padilla is classified as an “enemy combatant” and transferred to the US Naval Brig in Charleston, South Carolina (see June 9, 2002).

Entity Tags: Jose Padilla, Jay S. Bybee, John Ashcroft, US Department of Justice, Posse Comitatus Act, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]

Entity Tags: Jose Padilla, Donald Rumsfeld, John Ashcroft

Timeline Tags: Torture of US Captives

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. [Jose Padilla v. George W. Bush et al., 12/4/2002 pdf file]

Entity Tags: Jose Padilla, Donna R. Newman

Timeline Tags: Torture of US Captives, Civil Liberties

The Heritage Foundation sponsors a celebration of the US’s impending withdrawal from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972 and June 14, 2002). The invitation reads: “ABM: RIP. For 30 years, the Anti-Ballistic Missile Treaty has served to bolster the policy of mutually assured destruction (MAD) and impose crippling restrictions on the nation’s missile defense programs (see March 23, 1983). President Bush, recognizing the inappropriateness of MAD and the policy of vulnerability to missile attack, announced on December 13, 2001 (see December 13, 2001) that the United States is withdrawing from the treaty.” Several hundred conservatives, including senators, House representatives, generals, policy makers, and academics, gather in the caucus room of the Russell Senate Office Building on Capitol Hill, taking part in what one participant calls “a cheerful wake for a flawed treaty.” Author J. Peter Scoblic will write: “The mood was, not surprisingly, buoyant, for ‘flawed’ was really too mild a description for the loathing the assembled crowd felt for the agreement. To the right wing, the ABM Treaty had symbolized everything that was wrong with American foreign policy during the Cold War: negotiating with evil, fearing nuclear war instead of preparing to win it (see Spring 1982 and January 17, 1983), and abandoning faith in American exceptionalism and divine superiority.” [Scoblic, 2008, pp. 157]

Entity Tags: J. Peter Scoblic, Heritage Foundation

Timeline Tags: US International Relations

Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). [New York Times, 7/14/2002] For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. [San Francisco Chronicle, 9/8/2002] Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. [Washington Post, 8/21/2002] In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. [ABC News, 3/12/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Leahy, USA Patriot Act, John Ashcroft

Timeline Tags: Civil Liberties

A day after the US’s unilateral withdrawal from the 1972 Anti-Ballistic Missile (ABM) Treaty goes into effect (see May 26, 1972 and December 13, 2001), Russia announces that it will no longer abide by the terms of the 1993 START II missile reduction treaty. [Federation of American Scientists, 1/15/2008; Federation of American Scientists, 1/15/2008]

Entity Tags: Russia, Bush administration (43)

Timeline Tags: US International Relations

Sheikh Hamad bin Khalifa al-Thani.Sheikh Hamad bin Khalifa al-Thani. [Source: Qatar embassy]Al Jazeera reporter Yosri Fouda recently interviewed 9/11 figures Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM), though there are conflicting accounts about whether the interview took place before or after KSM was publicly identified as the 9/11 mastermind (see April, June, or August 2002). Author Ron Suskind will later claim in the book The One Percent Doctrine that on June 14, 2002, Fouda went to his superiors at Al Jazeera’s headquarters in Qatar and told them about the interview. He speaks to Sheikh Hamad bin Thamer al-Thani, the chairman of Al Jazeera and the cousin of the emir of Qatar, and a few others. At this time, the US is intensely pressuring the Qatari government to get Al Jazeera to tone down what the US perceives as anti-American news coverage. In fact, it is widely believed in Qatar that the US deliberately bombed the Al Jazeera office in Kabul, Afghanistan, in November 2001 to send a message. Perhaps as a result of this pressure, a few days after Fouda reveals his interview, the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, tells the CIA all about it. Fouda described some of al-Qaeda’s operational plans and even had a good idea where the apartment was in Karachi, Pakistan, where the interview took place, and what floor he had been on. Suskind claims that “No one, not even Al Jazeera management, knew the emir was making the call” to the CIA. US intelligence begins an intense surveillance of Karachi in an attempt to find KSM and bin al-Shibh (see Before September 11, 2002). Mostly because of this lead, bin al-Shibh will be arrested in Karachi in September 2002, around the time when Fouda’s interview is finally aired in public (see September 11, 2002). [Suskind, 2006, pp. 134-140] Interestingly, in early September 2002, it will be reported that KSM was arrested in an apartment in Karachi on June 16, 2002, which would be right about when the CIA was given this information (see June 16, 2002).

Entity Tags: Khalid Shaikh Mohammed, Yosri Fouda, Al Jazeera, Central Intelligence Agency, Hamad bin Khalifa al-Thani, Hamad bin Thamer al-Thani, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In September 2002, articles appear in the Pakistani and Indian press suggesting that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is actually captured on this day in an apartment in Karachi. Supposedly he has been sent to the US, though the US and Pakistan deny the story and say Mohammed has not been captured at all. [Daily Times (Lahore), 9/9/2002; Times of India, 9/9/2002; Times of India, 9/9/2002] Interestingly, it will later be reported that in mid-June 2002 the CIA learned about an Al Jazeera interview with KSM and Ramzi bin al-Shibh (see April, June, or August 2002), and the information passed to the CIA included the apartment building and floor in Karachi where the Al Jazeera reporter believed the interview took place (see June 14, 2002 and Shortly After).

Entity Tags: Yosri Fouda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a lengthy unclassified hearing held by the Senate Judiciary Committee, FBI officials confirm translator Sibel Edmond’s allegations that co-worker Melek Can Dickerson had either mistranslated or incorrectly marked “not pertinent” hundreds of wiretapped telephone conversations involving certain surveillance targets with whom she had become friends (see (November 2001)). They also acknowledge that she had attempted to take control over all translation assignments involving those targets (see November 2001 or December 2001). The targets worked at the American-Turkish Council (ATC), where Dickerson was an intern before taking her job at the FBI. The FBI confirms also that Dickerson had failed to disclose this information on her application (see also (Late October 2001)), but nonetheless attributes her failure to translate these wiretaps to lack of training. [Leahy and Grassley, 6/19/2002; Washington Post, 6/19/2002; United Press International, 1/24/2005; Vanity Fair, 9/2005] One of the participants of the hearing will later tell the New York Observer that the session was tense. “None of the FBI officials’ answers washed, and they could tell we didn’t believe them.” He remembers that one of the Congressional investigators told the officials, “You basically admitted almost all that Sibel alleged, yet you say there’s no problem here. What’s wrong with this picture?” [New York Observer, 1/22/2004]

Entity Tags: Senate Judiciary Committee, Federal Bureau of Investigation, American-Turkish Council, Melek Can Dickerson, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA issues a classified report titled, “Iraq and al-Qaeda: A Murky Relationship.” According to its cover note, the report “purposely aggressive in seeking to draw connections” between Iraq and Osama bin Laden’s organization. The document, which was prepared in response to pressure from the White House and vice president’s office, is heavily criticized by analysts within the agency. Analysts in the Near East and South Asia division complain that the report inflates “sporadic, wary contacts” between two independent actors into a so-called “relationship.” A complaint is filed with the CIA’s ombudsman for politicization. After interviewing 24 analysts, the ombudsman concludes that the report was crafted under pressure from the administration, later telling Senate investigators that “about a half-dozen [analysts] mentioned ‘pressure’ from the administration; several others did not use that word, but spoke in a context that implied it.” Despite being “purposely aggressive,” the report does not satisfy Undersecretary of Defense for Policy Douglas Feith, an adamant hawk who strongly believes Iraq is working closely with Islamic militant groups. In a memo to Donald Rumsfeld, he says that the report should be read “for content only—and CIA’s interpretation should be ignored.” [Washington Post, 10/20/2002; New York Times, 4/28/2004; US Congress, 7/7/2004, pp. 359; Daily Telegraph, 7/11/2004; Isikoff and Corn, 2006, pp. 112]

Entity Tags: Donald Rumsfeld, Douglas Feith, Central Intelligence Agency

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

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” [CNN, 6/27/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). 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`, 6/27/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” [ProPublica, 4/16/2009] It will be made public in early 2009 (see March 2, 2009).

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

Timeline Tags: Civil Liberties

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]

Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense

Timeline Tags: Civil Liberties

Sheikh Ahmed Salim Swedan.Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. [Daily Times (Lahore), 9/9/2002; Asia Times, 9/11/2002] His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. [Mother Jones, 3/3/2008] However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.

Entity Tags: Sheikh Ahmed Salim Swedan

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

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Central Intelligence Agency, Federal Bureau of Investigation, Michael Chertoff, National Security Council, US Department of Justice, Alberto R. Gonzales, Abu Zubaida

Timeline Tags: Torture of US Captives

John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. [CBS News, 7/15/2002; Guardian, 7/15/2002; Associated Press, 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002] The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” [Amnesty International, 10/20/2003] Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” [New Yorker, 5/17/2004] And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” [Mercury News (San Jose), 5/20/2004] Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. [World Socialist Web Site, 10/7/2002] Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” [World Socialist Web Site, 10/7/2002] Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” [Plea Agreement. United States of America v. John Walker Lindh, 7/15/2002]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Entity Tags: Condoleezza Rice, George J. Tenet, Office of Legal Counsel (DOJ), US Department of Justice, Abu Zubaida, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Marwan” (Moroccan interrogator), Binyam Mohamed, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [United Nations High Commissioner for Human Rights, 12/10/1984; American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: John C. Yoo, Alberto R. Gonzales, American Civil Liberties Union, Convention Against Torture, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The Justice Department’s Office of Legal Counsel verbally informs the CIA that Attorney General John Ashcroft has concluded that the proposed interrogation techniques being used against captured Islamist militant Abu Zubaida (see April 2002, Mid-May, 2002, and July 17, 2002) are legal. [Senate Intelligence Committee, 4/22/2009 pdf file]

Entity Tags: US Department of Justice, Abu Zubaida, Central Intelligence Agency, John Ashcroft, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

A memo written by an intelligence analyst working under Pentagon policy chief Douglas Feith asserts that while “some analysts have argued” that Osama bin Laden will not cooperate with secular Arab groups like Iraq, “reporting indicates otherwise.” A subsequent investigation by the Pentagon’s Office of Inspector General (see February 9, 2007) will criticize the memo, titled “Iraq and al-Qaeda: Making the Case,” saying that it constituted an “alternative intelligence assessment” and therefore should have been developed in accordance with intelligence agency guidelines for publishing alternative views. [US Department of Defense, 2/9/2007 pdf file; New York Times, 2/9/2007] Nevertheless, Bush administration officials such as Defense Secretary Donald Rumsfeld, CIA Director George Tenet, DIA Director Thomas Wilson, Deputy National Security Adviser Stephen Hadley, and the chief of staff for Vice President Cheney, Lewis “Scooter” Libby, embrace the memo. Cheney’s office is particularly enamoured of the report; journalists Franklin Foer and Spencer Ackerman later report a White House official as saying of Cheney and his staffers, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.” The memo is based on an earlier briefing by Feith entitled “Assessing the Relationship between Iraq and al-Qaeda,” which accused the CIA of using overly rigorous standards to analyze information that might show links between Iraq and the terrorist organization. Feith’s briefing uses almost no evidence to claim a “mature, symbiotic” relationship between the two, alleging “more than a decade of numerous contacts” between al-Qaeda and the Hussein government, and asserting “possible Iraqi coordination with al-Qaeda specifically related to 9/11.” [Scoblic, 2008, pp. 220-222] An updated version of the “Making the Case” briefing will be presented to the White House in September 2002 (see September 16, 2002).

Entity Tags: Office of the Vice President, Thomas Wilson, Office of Special Plans, Stephen J. Hadley, Spencer Ackerman, Lewis (“Scooter”) Libby, Franklin Foer, Donald Rumsfeld, Bush administration (43), George J. Tenet, Douglas Feith

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

Khidir Hamza.Khidir Hamza. [Source: Radio Bremen]Khidir Hamza, “who played a leading role in Iraq’s nuclear weapon program before defecting in 1994,” tells the Senate Judiciary Committee that according to German intelligence, Iraq has “more than 10 tons of uranium and one ton of slightly enriched uranium… in its possession” which would be “enough to generate the needed bomb-grade uranium for three nuclear weapons by 2005.” He says that Iraq is “using corporations in India and other countries to import the needed equipment for its program and channel it through countries like Malaysia for shipment to Iraq.” He also claims that Iraq is “gearing up to extend the range of its missiles to easily reach Israel.” The testimony is widely reported in the media. [CNN, 8/1/2002; Guardian, 8/1/2002; Daily Telegraph, 8/1/2002] Hamza, however, is considered by many to be an unreliable source. David Albright, president of the Institute for Science and International Security where Hamza worked as an analyst from 1997 to 1999, says that after Hamza defected “he went off the edge” and “started saying irresponsible things.” [San Francisco Chronicle, 10/12/2002; New York Review of Books, 2/26/2004] And General Hussein Kamel, Saddam Hussein’s son-in-law who was in charge of the dictator’s former weapons program but who defected in 1995, told UNSCOM and IAEA inspectors at the time of his defection, as well as US and British intelligence, that Hamza was not a reliable source (see August 22, 1995). [Kamal, 8/22/1995 pdf file; New Yorker, 5/12/2003] The International Atomic Energy Agency (IAEA) will say in 2004 that before the US invasion of Iraq, it had warned journalists reporting on Iraq’s alleged nuclear weapons program that Hamza was not a credible source. “Hamza had no credibility at all. Journalists who called us and asked for an assessment of these people—we’d certainly tell them.” [New York Review of Books, 2/26/2004 Sources: Unnamed IAEA staff member]

Entity Tags: David Albright, Hussein Kamel, Khidir Hamza, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

Passaic County Sheriff Jerry Speziale.Passaic County Sheriff Jerry Speziale. [Source: Triborochamber]A business owned by Mohamed el-Atriss, who supplied the 9/11 hijackers with fake IDs (see (July-August 2001)), is raided by the Passaic County Sheriff’s Department. The raids are carried out in a blaze of publicity and are strongly opposed by the US attorney’s office for New Jersey and the FBI, which has a relationship with el-Atriss (see July 31, 2002 and After, September 13, 2001-Mid 2002). [Bergen Record, 8/7/2002] The sheriff is suspicious of el-Atriss and raids his business because, in addition to providing hijackers Abdulaziz Alomari and Khalid Almihdhar with at least two pieces of fake ID, el-Atriss:
bullet Talked repeatedly on the phone to another hijacker (see (July-August 2001));
bullet Is an associate of an unindicted co-conspirator in the 1993 ‘Landmarks’ bomb plot (see Before September 11, 2001);
bullet Wired $29,000 to the Arab National Bank in Mecca in 2002; [Washington Post, 1/3/2003]
bullet Made inquiries to a parts manufacturer about navigational systems for commercial jetliners to be shipped to Egypt in 1999; [Newark Star-Ledger, 10/20/2003]
bullet Downloaded a list of the 9/11 hijackers from the Internet after 9/11, underlined some names, and circled Khalid Almihdhar’s. [Newark Star-Ledger, 10/20/2003]
El-Atriss is not present during the raid, having traveled to Egypt a short time before, but later returns to the US and is arrested at JFK airport in New York. [CBS News, 7/31/2002; BBC, 8/21/2002] He will later say that he came back to the US to clear his name after learning of the raid while in Egypt. He will be charged with over two dozen counts of selling false documents. [Newark Star-Ledger, 10/20/2003] Secret evidence will be used against him at the trial. He will plead guilty to one of charges, while the rest will be dropped. (see November 2002-June 2003).

Entity Tags: Mohamed el-Atriss, Khalid Almihdhar, Passaic County Sheriff’s Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jay Bybee.Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 pdf file] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]

Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith

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

Senator Chuck Hagel (R-NE) warns that any invasion and subsequent occupation of Iraq will be more difficult and prolonged than the Bush administration is acknowledging. On CBS’s Face the Nation, Hagel reminds viewers, “[W]e haven’t been in there [Iraq] for four years.” He continues: “We haven’t had any UN inspectors in there for four years. Our intelligence is limited. We have to rely on second-, third-party intelligence from other nations, as well as our own intelligence.… And this nonsense about some antiseptic air war is going to do it, that’s folly. The fact is that we’re going to go in there. We need to go in there with all the might we can to finish the job and do it right. And that’s going to require ground troops.” When asked how many ground troops, Hagel responds: “I don’t know what that is.… Some of the numbers that we heard are 250,000, 200,000. But as I said this week, if you think you’re going to drop the 82nd Airborne in Baghdad and finish the job, I think you’ve been watching too many John Wayne movies.” [CBS News, 8/4/2002] Hagel will vote “yes” to authorize the war (see October 10, 2002). [Rich, 2006, pp. 61-62]

Entity Tags: Bush administration (43), Chuck Hagel

Timeline Tags: Events Leading to Iraq Invasion

On August 4, 2002, retired Lt. Gen. Brent Scowcroft said that if the US invades Iraq: “I think we could have an explosion in the Middle East. It could turn the whole region into a cauldron and destroy the War on Terror” (see October 16, 2001, March 2002, and August 4, 2002). On August 6, prominent neoconservative author and sometime intelligence agent Michael Ledeen, who is an informal White House adviser and a sometimes-vituperative advocate for the US invasion of Iraq, mocks Scowcroft. Writing in his weekly column for the National Review, Ledeen says: “It’s always reassuring to hear Brent Scowcroft attack one’s cherished convictions; it makes one cherish them all the more.… One can only hope that we turn the region into a cauldron, and faster, please. If ever there were a region that richly deserved being cauldronized, it is the Middle East today. If we wage the war effectively, we will bring down the terror regimes in Iraq, Iran, and Syria, and either bring down the Saudi monarchy or force it to abandon its global assembly line to indoctrinate young terrorists. That’s our mission in the war against terror.” [National Review, 8/6/2002; Unger, 2007, pp. 231] Author Craig Unger will later comment: “‘Faster, please,’ became [Ledeen’s] mantra, repeated incessantly in his National Review columns. Rhapsodizing about war week after week, in the aftermath of 9/11, seemingly intoxicated by the grandiosity of his fury, Ledeen became the chief rhetorician for neoconservative visionaries who wanted to remake the Middle East.” [Unger, 2007, pp. 231]

Entity Tags: Brent Scowcroft, Michael Ledeen, Craig Unger

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

Neoconservative Richard Perle, the head of the Pentagon’s Defense Policy Board, says that the Bush administration has expended so much time and effort in making its case for war against Iraq that it has no other choice except to invade. He says, “The failure to take on Saddam [Hussein]… would produce such a collapse of confidence in the president that it would set back the war on terrorism.” [New York Times, 8/16/2002] In 2006, author Frank Rich interprets Perle’s words, writing: “If Bush didn’t get rid of Saddam after all this saber rattling, he will look like the biggest wimp since—well, his father. If he didn’t do it soon, after all these months of swagger, he would destroy his credibility and hurt the country’s.” [Rich, 2006, pp. 62]

Entity Tags: Richard Perle, Bush administration (43), Defense Policy Board, Frank Rich, George Herbert Walker Bush, George W. Bush, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

The Observer’s Ed Vulliamy writes: “One year on, the United States is more isolated and more regarded as a pariah than at any time since Vietnam, possibly ever. The bookends of that year are headlines in the French newspaper Le Monde. On 12 September 2001 it declared: ‘Now We Are All Americans.’ But last month, in Le Monde Diplomatique: ‘Washington Dismantles the International Architecture’; a reflection on a year of treaties broken or ignored (see March 7, 2001, March 27, 2001, July 9, 2001, July 23-25, 2001, November 19, 2001-December 7, 2001, December 13, 2001, December 31, 2001, August 28, 2002, and September 20, 2002), and a brazen assertion of the arrogance of power.” [Guardian, 8/18/2002]

Entity Tags: Ed Vulliamy, Le Monde

Timeline Tags: US International Relations

Howard Kurtz.Howard Kurtz. [Source: CNN / ThinkProgress.org]In 2007, Washington Post media critic Howard Kurtz will say, “From August 2002 until the war was launched in March of 2003 there were about 140 front page pieces in The Washington Post making the [Bush] administration’s case for war. It was, ‘The President said yesterday.’ ‘The Vice President said yesterday.’ ‘The Pentagon said yesterday.’ Well, that’s part of our job. Those people want to speak. We have to provide them a platform. I don’t have anything wrong with that. But there was only a handful—a handful—of stories that ran on the front page, some more that ran inside the pages of the paper, that made the opposite case. Or, if not making the opposite case, raised questions.” [PBS, 4/25/2007] Kurtz will also write in an August 2004 front page Washington Post story criticizing the newspaper’s pre-war coverage, “An examination of the paper’s coverage, and interviews with more than a dozen of the editors and reporters involved, shows that The Post published a number of pieces challenging the White House, but rarely on the front page. Some reporters who were lobbying for greater prominence for stories that questioned the administration’s evidence complained to senior editors who, in the view of those reporters, were unenthusiastic about such pieces. The result was coverage that, despite flashes of groundbreaking reporting, in hindsight looks strikingly one-sided at times.” At the time, The Post’s editorial page was strongly advocating war with Iraq. For instance, a day after Colin Powell’s presentation to the UN (see February 5, 2003), the Post commented that “it is hard to imagine how anyone could doubt that Iraq possesses weapons of mass destruction.” [Washington Post, 8/12/2004]

Entity Tags: Washington Post, Bush administration (43), Howard Kurtz

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Defense Secretary Donald Rumsfeld, citing various “intelligence reports,” claims that the Iraqi government is “hosting, supporting or sponsoring” an al-Qaeda presence in Iraq. This is a likely reference to Abu Musab al-Zarqawi and his followers, whom the US alleges is an al-Qaeda operative with links to the Iraqi government. When asked if he has evidence to support this claim Rumsfeld responds: “There are al-Qaeda in a number of locations in Iraq…. The suggestion that… [Iraqi government officials] who are so attentive in denying human rights to their population aren’t aware of where these folks [al-Qaeda] are or what they’re doing is ludicrous in a vicious, repressive dictatorship.” He also says, “It’s very hard to imagine that the government is not aware of what’s taking place in the country.” [US Department of Defense, 8/20/2002; New York Times, 8/20/2002] Shortly after the defense secretary’s allegations, an unnamed intelligence official tells the Guardian, “They are not the official guests of the government,” adding that any al-Qaeda in the region are still “on the run.” A month later, Knight Ridder reports that according to an anonymous US official, Rumsfeld’s charge is based on information from Kurdish opposition groups which are feeding information to the Pentagon. [Guardian, 8/22/2002; Knight Ridder, 9/25/2002 Sources: Unnamed US intelligence official, Unnamed US official]

Entity Tags: Donald Rumsfeld, Abu Musab al-Zarqawi

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

Mohammed Mansour Jabarah.Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” [Age (Melbourne), 1/23/2003; Sydney Morning Herald, 10/10/2003] A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).

Entity Tags: Jemaah Islamiyah, Federal Bureau of Investigation, Hambali, Mohammed Mansour Jabarah

Timeline Tags: Complete 911 Timeline

Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. [CNN, 3/24/2004]
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” [Fox News, 3/24/2004]
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). [Columbia Journalism Review, 3/25/2004; FindLaw, 4/9/2004]
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” [9/11 Commission, 3/24/2004] Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” [FindLaw, 4/9/2004]
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).

Entity Tags: Richard A. Clarke, Clinton administration, Bush administration (43), John Dean, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Sixth US Court of Appeals in Cincinnati unanimously rejects the Bush administration’s claim for blanket secrecy regarding immigration court proceedings (see September 21, 2001). In a 3-0 ruling, the court rules in Detroit Free Press v. Ashcroft that the administration’s secret deportation-hearing policy goes too far in restricting the public’s right to know what the government is doing. Selectively closing individual deportation hearings for national security reasons might be justifiable, the court rules, but the government cannot simply sequester all such hearings. Appeals court judge Damon Keith, a Carter appointee, writes: “In an area such as immigration, where the government has nearly unlimited authority… the press and the public serve as perhaps the only check on abusive government practices.… The executive branch seeks to uproot people’s lives, outside the public eye and behind a closed door. Democracies die behind closed doors. The First Amendment, through a free press, protects the people’s right to know that their government acts fairly, lawfully, and accurately in deportation proceedings. When the government begins closing doors, it selectively controls information rightly belonging to the people. Selective information is misinformation. The Framers of the First Amendment did not trust any government to separate the true from the false for us. They protected us against secret government.” Keith is well known for his widely cited ruling of 30 years before against a government program of warrantless wiretapping (see June 19, 1972). [Savage, 2007, pp. 95] Another appeals court will rule in favor of the Bush administration in a separate lawsuit on the same issue (see October 2, 2002).

Entity Tags: Damon Keith, US Department of Justice, Detroit Free Press

Timeline Tags: Civil Liberties

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Israel effectively withdraws its signature from the Rome Statute (see July 17, 1998). In a letter to the UN, the Israeli government writes, “[I]n connection with the Rome Statute of the International Criminal Court adopted on 17 July 1998,… Israel does not intend to become a party to the treaty. Accordingly, Israel has no legal obligations arising from its signature on 31 December 2000. Israel requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary’s status lists relating to this treaty.” [Organizations Coalition for the International Criminal Court, 1/2/2006]

Timeline Tags: US International Relations

Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed.Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. [Washington Post, 6/22/2003] The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). [Washington Post, 11/3/2002] Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” [Washington Post, 6/22/2003] In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. [New York Times, 1/14/2006] After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. [Asia Times, 11/7/2002]

Entity Tags: Tentara Nasional Indonesia, Free Papua Movement, Freeport-McMoRan, Bush administration (43), Anthonius Wamang, Matthew P. Daley

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

Some congressional leaders are reportedly briefed on the CIA’s detainee interrogation program, but what is actually said will later be disputed. The briefing is described as “a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk,” and apparently mentions waterboarding and information gleaned from detainees, according to two unnamed officials who are present and will later talk to the Washington Post.
Few, if Any, Objections Raised - Due to the feeling of “panic” following 9/11, the legislators’ attitude is described as, “We don’t care what you do to those guys as long as you get the information you need to protect the American people,” and two even ask if the methods are “tough enough.” The briefing, apparently one of the first of a series of around 30 private briefings on the CIA’s interrogation program, is for the “Gang of Eight,” the four top congressional leaders and the senior member from each party on the House and Senate intelligence committees. However, the methods used are only described in some of the briefings, and some of the meetings are just for the “gang of four”—intelligence committee members only. The groups are said to be so small because they concern highly secret covert activities, although it will later be suggested that the administration’s motivation is “partly to hide from view an embarrassing practice that the CIA considered vital but outsiders would almost certainly condemn as abhorrent.” One of the committee members present is Nancy Pelosi (D-CA), and other officials that receive such briefings are reported to include Jane Harman (D-CA), Bob Graham (D-FL), Jay Rockefeller (D-WV), Porter Goss (R-FL) and Pat Roberts (R-KS). Harman is said to be the only one to object at any point. The attendees’ recollections of the meeting will later vary greatly. Goss will say, “Among those being briefed, there was a pretty full understanding of what the CIA was doing… And the reaction in the room was not just approval, but encouragement,” although this may not be a reference to this specific meeting. Graham, who will leave the Senate Intelligence Committee in January 2003, will later say he has no memory of being told about waterboarding, “Personally, I was unaware of it, so I couldn’t object.” A “source familiar with Pelosi’s position” will say that she participates in a discussion of enhanced interrogation techniques, but understands they are at the planning stage at this time and are not in use. [Washington Post, 12/9/2007]
Restrictions on Information - Graham will later describe the limitations placed on legislators who receive such briefings: “In addition to the fact that the full members of the committee can’t hear what’s happening, those who are in the room are very restricted. You can’t take any notes. You can’t bring anyone with you and after the meeting, you cannot discuss what you’ve heard. So that if, for instance, there’s an issue about, is this legal under the Geneva Convention, you can’t go to someone who’s an expert on that subject and get their opinion. It’s a very limiting situation.” [CNN, 12/13/2007]
Secret Interrogations Already Underway - The CIA has been conducting aggressive interrogations since at least May 2002 (see Mid-May 2002 and After), but is has no firm legal basis to perform them until the Justice Department gives approval in August 2002 (see August 1, 2002). CIA Director George Tenet will later comment in a 2007 book, “After we received the written Department of Justice guidance on the interrogation issue, we briefed the chairmen and ranking members of our oversight committees. While they were not asked to formally approve the program as it was done under the President’s unilateral authorities, I can recall no objections being raised.” [MSNBC, 9/13/2007]

Entity Tags: Porter J. Goss, Senate Intelligence Committee, Pat Roberts, Nancy Pelosi, John D. Rockefeller, Jane Harman, Central Intelligence Agency, George J. Tenet, House Intelligence Committee, Daniel Robert (“Bob”) Graham

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]

Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld

Timeline Tags: US International Relations

During a Defense Department news briefing on Iraq, Defense Secretary Donald Rumsfeld says: “We know that they were a lot closer than any of the experts had estimated they would be with respect to [developing] a nuclear weapon. To the extent that they have kept their nuclear scientists together and working on these efforts, one has to assume they’ve not been playing tiddlywinks.” [US Department of Defense, 9/3/2002; Associated Press, 9/3/2002; United Press International, 9/3/2002]

Entity Tags: US Department of Defense, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

At a meeting of the White House Iraq Group, speechwriter Michael Gerson suggests that Bush argue in his next speech that the US should not wait until there is conclusive evidence that Iraq has acquired a nuclear weapon because the first sign of a “smoking gun” may be a “mushroom cloud.” Gerson’s suggestion is met with enthusiastic approval. The soundbite is so well liked that the phrase is leaked to the New York Times before the speech, appearing in an article on September 8 (see September 8, 2002). [Isikoff and Corn, 2006, pp. 35] Gerson, a devout evangelical Christian, was trained by former Nixon aide Charles Colson, whom Colson’s former colleague John Dean describes as “Nixon’s hatchet man and political schemer.” [Dean, 2004, pp. 62]

Entity Tags: Michael Gerson, White House Iraq Group

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Judith Miller.Judith Miller. [Source: Washington Post]Judith Miller and Michael Gordon of the New York Times report in a front page story that Iraq is trying to obtain materials to build a nuclear weapon. Citing unnamed senior administration officials, they break the story of the aluminum tubes that were confiscated in Jordan in July 2001 (see July 2001) and write that both “American intelligence experts” and top officials believe the tubes were meant to be used as centrifuge rotors in a nuclear enrichment program. “In the last 14 months, Iraq has sought to buy thousands of specially designed aluminum tubes, which American officials believe were intended as components of centrifuges to enrich uranium,” reports the newspaper. “The diameter, thickness and other technical specifications of the aluminum tubes had persuaded American intelligence experts that they were meant for Iraq’s nuclear program….” Officials cited in the article warn that the US must not wait for more evidence before taking action to disarm Iraq because the first sign of a “smoking gun” may be a mushroom cloud. [New York Times, 9/8/2002] (The “smoking gun/mushroom cloud” analogy was conceived by presidential speech writer Michael Gerson a few days earlier; see September 4, 2002 for details.) What Gordon and Miller’s sources did not tell them, and what they neglected to find out on their own, was that the country’s top nuclear experts do not believe the tubes are suitable for rotors (see, e.g., July 2001-March 2003, August 17, 2001, and Late 2001). For example, Houston G. Wood III, a retired Oak Ridge physicist, filed a report with the US government more than a year before (see August 17, 2001) concluding that the tubes were not meant for centrifuges. When he reads the New York Times story, he is shocked. In an interview with the Australian Broadcasting Corporation more than a year later, he will recount his initial reaction: “My first thought was, ‘This must be some new tubes,’ you know. And then… and then when I realized that these were the tubes that I had been looking at a year before, I was just… I was… I was just shocked. I couldn’t believe that, you know, here we were, saying that these tubes were, you know, the same tubes that I’d come to the conclusion a year before were not valid for centrifuges, and here they’re saying they are. So, er… that was a real surprise.” [Australian Broadcasting Corporation, 10/27/2003] In subsequent stories about the tubes, the Times will note that there is a debate, however these reports will appear in the back pages of the newspaper (see, e.g., September 13, 2002). [New York Times, 5/26/2004]

Entity Tags: Michael Gordon, Judith Miller, Houston G. Wood III

Timeline Tags: Events Leading to Iraq Invasion

David Albright, a physicist who helped investigate Iraq’s nuclear weapons program following the 1991 Persian Gulf War as a member of the International Atomic Energy Agency’s inspection team, is disturbed to read Judith Miller’s story in the New York Times claiming that Iraq is trying to purchase aluminum tubes as part of an attempt to build centrifuges for a nuclear weapon (see September 8, 2002). After the aluminum tubes had been intercepted in the summer of 2001, Albright had been asked by an official to find out some information about them (see Late July 2001), and he had discovered that many experts doubted they were suitable for use in centrifuges. He had frequently worked with Miller in the past, and he contacts her and alerts her about the doubts of many officials, particularly those in the Department of Energy, regarding the Bush administration’s claims about the tubes.
Follow-up Article - Miller and Michael Gordon do write a follow-up article in the Times on September 13, 2002. But while the article does eventually note that “there have been debates among intelligence experts about Iraq’s intentions in trying to buy such tubes,” it states that “other, more senior, officials insisted last night that this was a minority view among intelligence experts and that the CIA had wide support, particularly among the government’s top technical experts and nuclear scientists. ‘This is a footnote, not a split,’ a senior administration official said.”
Insufficient - Albright is upset. He will later claim that he asked Miller “to alert people that there’s a debate, that there are competent people who disagreed with what the CIA was saying. I thought for sure she’d quote me or some people in the government who didn’t agree. It just wasn’t there.” He adds that the Times “made a decision to ice out the critics and insult them on top of it.” Albright goes to Joby Warrick of the Washington Post instead in hopes the Post will publish a better story. Warrick’s story comes out on September 19 and reveals the debate within the government about the tubes. It also notes reports that the Bush administration “is trying to quiet dissent among its own analysts over how to interpret the evidence.” But the story appears on page A18 and gets little notice compared to Miller’s front-page stories. [New York Review of Books, 2/26/2004] Still frustrated, Albright publishes his own report several days later challenging the aluminum tubes story (see September 23, 2002).

Entity Tags: Judith Miller, David Albright, Joby Warrick, Michael Gordon

Timeline Tags: Events Leading to Iraq Invasion

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. [New York Times, 9/10/2002] The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). [New York Times, 9/10/2002]
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). [New York Times, 9/10/2002]
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). [New York Times, 9/10/2002]
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. [New York Times, 9/10/2002] This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. [Observer, 9/15/2002] He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” [New York Times, 9/13/2002] Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. [New York Times, 9/13/2002; Time, 9/15/2002] There are conflicting claims that either Mohammed is killed in the raid [Asia Times, 10/30/2002; Daily Telegraph, 3/4/2003; Asia Times, 3/6/2003] ; shot while escaping [Australian Broadcasting Corporation, 3/2/2003] ; someone who looks like him is killed, leading to initial misidentification [Time, 1/20/2003] ; someone matching his general appearance is captured [Associated Press, 9/16/2002] ; or that he narrowly escapes capture but his young children are captured. [Los Angeles Times, 12/22/2002]

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

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

Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 pdf file] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 pdf file; Reuters, 6/7/2007]

Entity Tags: Khalid Shaikh Mohammed, Majid Khan, Central Intelligence Agency

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

In response to Tony Snow’s probing on Fox News Sunday as to whether or not President Bush was convinced there were links between Saddam Hussein and Osama bin Laden, National Security Adviser Condoleezza Rice is circumspect until she’s pressed. “He clearly has links to terrorism…—Links to terrorism [that] would include al-Qaeda….” [Fox News, 9/15/2002; Islam Online, 9/15/2002; CNN, 9/26/2002; US House Committee on Government Reform, 3/16/2004]

Entity Tags: Tony Snow, George W. Bush, Condoleezza Rice, Al-Qaeda, Osama bin Laden, Saddam Hussein

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

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

Entity Tags: Megawati Sukarnoputri, Fred Burks, Central Intelligence Agency, Abu Bakar Bashir, Hamzah Haz, Karen Brooks, Mohammed Saad Iqbal Madni, Omar al-Faruq, Jemaah Islamiyah, Ralph Boyce

Timeline Tags: Complete 911 Timeline

CBS reports that in the days after the arrest of Ramzi bin al-Shibh (see September 11, 2002) and four other al-Qaeda operatives in Pakistan on September 11, 2002 (see September 10-11, 2002), “a search of the home of the five al-Qaeda suspects turned up passports belonging to members of the family of Osama bin Laden.” No more details, such as which family members, or why bin al-Shibh’s group had these passports, is given. [CBS News, 9/17/2002]

Entity Tags: Ramzi bin al-Shibh, Al-Qaeda, Bin Laden Family

Timeline Tags: Complete 911 Timeline

The French arrange a backchannel meeting between a friend of Iraqi Foreign Minister Naji Sabri Hadithi and the CIA’s station chief in Paris, Bill Murray. Sabri’s friend, a Lebanese journalist, tells Murray that Sabri would be willing to provide the CIA with accurate information on Iraq’s weapons of mass destruction program in exchange for $1 million. The CIA agrees to advance the journalist $200,000. [Isikoff and Corn, 2006, pp. 45; MSNBC, 3/21/2006] When CIA Director George Tenet announces the deal during a high-level meeting at the White House—attended by President Bush, Vice President Cheney, and National Security Adviser Condoleezza Rice—the news is greeted with enthusiasm. “They were enthusiastic because they said, they were excited that we had a high-level penetration of Iraqis,” Tyler Drumheller, the agency’s head of spying in Europe, later tells 60 Minutes. [CBS News, 4/23/2006] But Sabri does not tell the CIA what the White House is expecting to hear. In a New York hotel room, the Lebanese journalist says that according to Sabri Iraq does not have a significant, active biological weapons program. He does however acknowledge that Iraq has some “poison gas” left over from the first Gulf War. Regarding the country’s alleged nuclear weapons program, Sabri’s friend says the Iraqis do not have an active program because they lack the fissile material needed to develop a nuclear bomb. But he does concede that Hussein desperately wants one. [Isikoff and Corn, 2006, pp. 62-63; MSNBC, 3/21/2006] “He told us that they had no active weapons of mass destruction programs,” Drumheller, will recall. [Unger, 2007, pp. 246-247] The White House immediately loses interest in Sabri as a source after the New York meeting. Sabri, Bush says, is merely telling the US “the same old thing.” The CIA continues to corroborate material provided to the agency by Sabri. Wiretaps on Sabri’s phone conversations by French intelligence back up Sabri’s claims, but Bush could not care less. “Bush didn’t give a f_ck about the intelligence,” a CIA officer will later say. “He had his mind made up.” CIA agent Luis (whose full name has never been disclosed) and John Maguire, the chief and deputy chief of the Iraq Operations Group, also lose interest in the lead. In one confrontation between Maguire and Murray, Maguire allegedly says: “One of these days you’re going to get it. This is not about intelligence. This is about regime change.” Drumheller will agree, saying the White House is “no longer interested.… They said, ‘Well, this isn’t about intel anymore. This is about regime change.’” [MSNBC, 3/21/2006; CBS News, 4/23/2006; Unger, 2007, pp. 246-247]

Entity Tags: Naji Sabri Hadithi, Richard (“Dick”) Cheney, Luis, Condoleezza Rice, George W. Bush, Bill Murray, Central Intelligence Agency, John Maguire

Timeline Tags: Events Leading to Iraq Invasion

Eleven days after the New York Times published a front-page article detailing Iraq’s supposed attempt to procure components for creating nuclear weapons (see August 2002 and September 8, 2002), the Washington Post’s Joby Warrick has a story published, “Evidence on Iraq Challenged; Experts Question if Tubes Were Meant for Weapons Program,” that disputes the Times’ article and questions whether the components—aluminum tubes—are indeed intended for nuclear use. Warrick cites “a report by independent experts” from the Institute for Science and International Security (ISIS) questioning the conclusion that the tubes must be for use in constructing nuclear weapons (see September 23, 2002). The ISIS report also notes that the Bush administration is trying to rein in dissent among its own analysts about how to interpret the evidence provided by the aluminum tubes. “By themselves, these attempted procurements are not evidence that Iraq is in possession of, or close to possessing, nuclear weapons,” the report says. “They do not provide evidence that Iraq has an operating centrifuge plant or when such a plant could be operational.” In recent days, National Security Adviser Condoleezza Rice has told television viewers that the tubes “are only really suited for nuclear weapons programs, centrifuge programs” (see September 8, 2002). But Warrick’s story is buried on page 18 of the Post and widely ignored. Author Craig Unger will later write: “No one paid attention. Once the conventional wisdom had been forged, mere facts did not suffice to change things.” [Washington Post, 9/19/2002; Unger, 2007, pp. 254]

Entity Tags: Institute for Science and International Security, Condoleezza Rice, Craig Unger, New York Times, Joby Warrick, Washington Post

Timeline Tags: Events Leading to Iraq Invasion

The Bush administration submits to Congress a 31-page document entitled “The National Security Strategy of the United States.”
Preemptive War - The National Security Strategy (NSS) openly advocates the necessity for the US to engage in “preemptive war” against nations it believes are likely to become a threat to the US’s security. It declares: “In an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle. The United States will, if necessary, act preemptively.” The declaration that the US will engage in preemptive war with other nations reverses decades of American military and foreign policy stances; until now, the US has held that it would only launch an attack against another nation if it had been attacked first, or if American lives were in imminent danger. President Bush had first mentioned the new policy in a speech in June 2002 (see June 1, 2002), and it echoes policies proposed by Paul Wolfowitz during the George H. W. Bush administration (see March 8, 1992). [Shenon, 2008, pp. 128]
US Must Maintain Military 'Beyond Challenge' - The National Security Strategy states that the ultimate objective of US national security policy is to “dissuade future military competition.” The US must therefore “build and maintain our defenses beyond challenge. Our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States.” [London Times, 9/21/2002]
Ignoring the International Criminal Court - The NSS also states, “We will take the actions necessary to ensure that our efforts to meet our global security commitments and protect Americans are not impaired by the potential for investigations, inquiry, or prosecution by the International Criminal Court (ICC), whose jurisdiction does not extend to Americans and which we do not accept.” [US President, 9/2002]
Declaring War on Terrorism Itself - It states: “The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism—premeditated, politically motivated violence perpetrated against innocents.” Journalism professor Mark Danner will later comment in the New York Times: “Not Islamic terrorism or Middle Eastern terrorism or even terrorism directed against the United States: terrorism itself. ‘Declaring war on “terror,”’ as one military strategist later remarked to me, ‘is like declaring war on air power.’” [New York Times Magazine, 9/11/2005]
Fundamental Reversal of Containment, Deterrence Principles - Washington Post reporter Tim Reich later describes the NSS as “revers[ing] the fundamental principles that have guided successive presidents for more than 50 years: containment and deterrence.” Foreign policy professor Andrew Bacevich will write that the NSS is a “fusion of breathtaking utopianism [and] barely disguised machtpolitik.” Bacevich continues, “It reads as if it were the product not of sober, ostensibly conservative Republicans but of an unlikely collaboration between Woodrow Wilson and the elder Field Marshal von Moltke.” [American Conservative, 3/24/2003]
Written by Future Executive Director of 9/11 Commission - The document is released under George W. Bush’s signature, but was written by Philip D. Zelikow, formerly a member of the previous Bush administration’s National Security Council, and currently a history professor at the University of Virginia and a member of the Foreign Intelligence Advisory Board. Zelikow produced the document at the behest of his longtime colleague National Security Adviser Condoleezza Rice (see June 1, 2002). His authorship of the document will not be revealed until well after he is appointed executive director of the 9/11 commission (see Mid-December 2002-March 2003). Many on the Commission will consider Zelikow’s authorship of the document a prima facie conflict of interest, and fear that Zelikow’s position on the Commission will be used to further the Bush administration’s doctrine of preemptive war (see March 21, 2004). [US Department of State, 8/5/2005; Shenon, 2008, pp. 128]

Entity Tags: Tim Reich, University of Virginia, National Security Council, Bush administration (43), Issuetsdeah, 9/11 Commission, Andrew Bacevich, Condoleezza Rice, George W. Bush, Philip Zelikow

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations, 9/11 Timeline

Deputy National Security Adviser Stephen J. Hadley convenes a meeting in the White House Situation Room to discuss Iraq with Colin Powell, George Tenet, and Donald Rumsfeld. The White House wants to be sure they are all on the same page when they testify before Congress next week. When a CIA officer notes that the alleged ties between Iraq and al-Qaeda are not supported by current intelligence, Douglas Feith cuts in insisting that Mohamed Atta had met an Iraqi agent in Prague, and that the director of Iraqi intelligence had met with Osama bin Laden in 1996. Both theories have been dismissed by the intelligence community. After a few minutes, Hadley cuts him off and tells him to sit down. [Isikoff and Corn, 2006, pp. 113-114]

Entity Tags: Stephen J. Hadley, Iraq, Al-Qaeda, Colin Powell, Mohamed Atta, Donald Rumsfeld, George J. Tenet

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

David Albright, a physicist who helped investigate Iraq’s nuclear weapons program following the 1991 Persian Gulf War as a member of the International Atomic Energy Agency’s inspection team, concludes in a study that Iraq’s attempt to import aluminum tubes is not “evidence that Iraq is in possession of, or close to possessing, nuclear weapons” or that Iraq has an operating centrifuge plant. His assessment is based on several factors, including the fact that the tubes are made of an aluminum alloy that is ill-suited for welding. He notes that Iraq had used maraging steel and carbon fiber in its earlier attempts to make centrifuges (see (Late 1980s)). Albright also challenges the CIA’s contention the tubes’ anodized coating is an indication that they are meant to be used as rotors in a gas centrifuge. The nuclear physicist notes that the fact the tubes are anodized actually supports the theory that they were meant to be used in rockets, not a centrifuge. He cites another expert who said that an “anodized layer on the inside of the tube… can result in hampering the operation of the centrifuge.” [Albright, 10/9/2003 Sources: David Albright] Though Albright is critical of the charges being made by the Bush administration against Iraq, concerning nuclear weapons, he is no sympathizer of Saddam Hussein. He believes that Iraq has weapons of mass destruction and advocates a tough stance towards his regime. [New York Review of Books, 2/26/2004] His report is widely dispersed and is covered in detail by the Washington Post on September 19, 2002 (see September 19, 2002). Several other newspapers also cover Albright’s report. [Washington Post, 9/19/2002; Guardian, 10/9/2002; San Francisco Chronicle, 10/12/2002] It is later revealed that scientists at the Energy Department secretly worked with Albright on the report. [New York Times, 10/3/2004]

Entity Tags: David Albright, US Department of Energy

Timeline Tags: Events Leading to Iraq Invasion

British Prime Minister Tony Blair gives a speech to Parliament concurrent with the just-released dossier on Iraqi WMD (see September 24, 2002). Blair combines fact—such as Iraq’s lengthy defiance and deception of UN weapons inspections since the 1991 Gulf War, the possible existence of tons of chemical and biological weapons material left unaccounted for in 1998, and the attempts by Iraq to subvert the UN’s Food for Oil program—with speculation that Saddam Hussein’s “chemical, biological, and nuclear weapons program is not an historic leftover from 1998.… His WMD program is active, detailed, and growing. The policy of containment is not working. The WMD program is not shut down. It is up and running.”
Unverified Claims - Blair calls the dossier “extensive, detailed, and authoritative,” and says that according to intelligence data used to compile it: “Iraq has chemical and biological weapons.… Saddam has continued to produce them… he has existing and active military plans for the use of chemical and biological weapons, which could be activated within 45 minutes, including against his own Shi’a population, and … he is actively trying to acquire nuclear weapons capability.” Only the “45-minute” strike capability is not sourced from the dossier (see September 28, 2002). Blair makes a number of patently false allegations about Iraq’s nuclear weapons, including the disputed aluminum tubes claim (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003) and the tale about Iraq attempting to purchase 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). “[W]e know Saddam has been trying to buy significant quantities of uranium from Africa, though we do not know whether he has been successful,” Blair says. He tells the assembled lawmakers: “There will be some who dismiss all this. Intelligence is not always right. For some of this material there may be innocent explanations. There will be others who say, rightly, that, for example, on present going, it could be several years before he acquires a usable nuclear weapon. Though, if he were able to purchase fissile materiel illegally, it would only be a year or two. But let me put it at its simplest: on this 11-year history; with this man, Saddam; with this accumulated, detailed intelligence available; with what we know and what we can reasonably speculate: would the world be wise to leave the present situation undisturbed; to say, despite 14 separate UN demands on this issue, all of which Saddam is in breach of, we should do nothing; to conclude that we should trust not to the good faith of the UN weapons inspectors but to the good faith of the current Iraqi regime?”
Regime Change - After all of this buildup, Blair says that he is not necessarily calling for military action against Iraq, but “the case for ensuring Iraqi disarmament… is overwhelming.” He then makes the case for regime change, citing the need for a new leader “who can bring Iraq back into the international community where it belongs, not languishing as a pariah. Someone who can make the country rich and successful, not impoverished by Saddam’s personal greed. Someone who can lead a government more representative of the country as a whole, while maintaining absolutely Iraq’s territorial integrity. We have no quarrel with the Iraqi people. Liberated from Saddam, they could make Iraq prosperous and a force for good in the Middle East. So the ending of regime would be the cause of regret for no one other than Saddam.” Blair says, “our purpose is disarmament,” not military action, but it is hard to conceive how the regime change he advocates could be effected without military action. [10 Downing Street, 9/24/2002] Two years later, Blair will admit that the claim is erroneous (see October 13, 2004).

Entity Tags: Tony Blair, Saddam Hussein

Timeline Tags: Niger Uranium and Plame Outing

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld says the link between al-Qaeda and Iraq is “accurate and not debatable.” He also claims that President Bush has not yet made any decision on possible military action against Iraq. [American Forces Press Service, 9/27/2002]

Entity Tags: Donald Rumsfeld

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

During negotiations with the French over the wording of UN Resolution 1441 (see November 8, 2002), the US reportedly attempts to deceive the French with amateurish tricks. Vanity Fair magazine reports in April 2004: “According to a French diplomat, the US attempted various amateurish maneuvers. For example, they would have the French look at certain paragraphs that spoke to the issue of an automatic trigger; the French would insist on deletions, which the US would appear to accept; then the deletion would pop-up elsewhere in the text. ‘We didn’t like it in paragraph four,’ a French diplomat says, recalling the mind numbing dialogue. ‘We don’t like it in paragraph two, either.’” [Vanity Fair, 5/2004, pp. 286-288]

Entity Tags: United Nations Security Council

Timeline Tags: Events Leading to Iraq Invasion

Shortly after the Bali bombings (see October 12, 2002), the Washington Post will report: “US intelligence officials said they intercepted communications in late September [2002] signaling a strike on a Western tourist site. Bali was mentioned in the US intelligence report…” [Washington Post, 10/15/2002] In response to the Post story, the State Department will issue a statement saying they did share this information with the Australian government. The statement admits their warning discussed tourists as potential targets, but says the warning did no specify an attack on Bali on the weekend that it took place. No government urgently warns tourists to stay away from likely targets in Bali before the bombings. Australian Prime Minister John Howard will later admit that Australia received this warning, but he will claim his intelligence agency analyzed it and decided no upgrade in alert status or any special warning was warranted. [Age (Melbourne), 10/17/2002]

Entity Tags: John Howard, US Department of State, US intelligence

Timeline Tags: Complete 911 Timeline

High-ranking al-Qaeda leader Abd al-Rahim al-Nashiri is captured in the United Arab Emirates (UAE). Al-Nashiri is believed to have played a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), attended a 9/11 planning summit in Malaysia in 2000 (see January 5-8, 2000), was one of the masterminds of the 2000 USS Cole bombing (see October 12, 2000), and planned the 2002 bombing of the French oil tanker Limburg (see October 6, 2002). Said to be chief of al-Qaeda’s operations in the Persian Gulf region, he is taking flight lessons in the remote UAE region of Umm Al-Qaiwain when he is arrested by local authorities and then turned over to the CIA. An unknown number of other al-Qaeda suspects are arrested with him, but apparently they are considered less important and are not handed to the CIA as well. Most reports indicate he is arrested on November 8, 2002, about two weeks before the first media leaks about his arrest. [New York Times, 12/23/2002] However, US News and World Report will later claim that he was arrested even earlier, early in October 2002. “Al-Nashiri soon broke; he even let officials listen in as he called his associates.” This leads to intelligence on Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, and the US assassinates him with a missile strike on November 3, 2002, after trailing him for about two weeks (see November 3, 2002). [US News and World Report, 6/2/2003] Al-Nashiri will remain in secret CIA prisons until 2006 and then will be transfered to the Guantanamo Bay prison (see September 2-3, 2006).

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The House and Senate draft a joint resolution authorizing the president to use military force against Iraq. The House bill is sponsored by Democrat Richard Gephardt (D-MI), who meets with the president in the morning to discuss the compromise bill. Bush concedes on a few of Gephardt’s requests. The resulting joint resolutions—HJ Res. 114 in the House and SJ Res. 46, in the Senate—is considered a win for President Bush, effectively derailing the bipartisan Biden-Lugar initiative (see October 1, 2002) which would have explicitly restricted the authorization of military force to Iraq only. Gephardt’s resolution angers many fellow Democrats. The general feeling is that Gephardt conceded so much to Bush because he didn’t want it to become an issue in the November elections (see also September 3, 2002). [US Congress, 10/2/2002; New York Times, 10/3/2002; Isikoff and Corn, 2006, pp. 127]
bullet The document alleges, among other things, that Iraq is harboring al-Qaeda operatives, is actively seeking and preparing to use weapons of mass destruction, had gassed its own people, had attempted to assassinate the president’s father, and was in violation of past UN resolutions. [US Congress, 10/2/2002]
bullet The document authorizes the president to use military force to “defend the national security of the United States against the continuing threat posed by Iraq; and… enforce all relevant United Nations Security Council resolutions regarding Iraq.” [US Congress, 10/2/2002]
bullet The document requires that the president, within 48 hours of exercising the use of military force, provide Congress with an explanation as to why diplomacy was insufficient to protect the United States or enforce United Nations resolutions. The resolution also requires the president to report to Congress every 60 days during the entire duration of the conflict. [US Congress, 10/2/2002]

Entity Tags: US Congress, Richard Gephardt, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

State Department officials, led by Undersecretary of State Jim Kelly, fly to Pyongyang, North Korea, and confront Kim Jong Il’s foreign ministry with evidence that North Korea is working on centrifuges for processing enriched uranium—a necessity for the production of nuclear weapons. The State officials are surprised when the North Koreans admit to owning such centrifuges. The new threat is not particularly imminent, as it takes years to process the amount of uranium needed for even a single atomic bomb, but the US officials are unsettled by the North Koreans’ ready admission. The North Koreans also have a supply of radioactive fuel rods from their nuclear power plant in Yongbyon; these rods could be processed into plutonium and then into atomic bombs in a matter of months. Under the so-called “Agreed Framework” (see October 21, 1994), an agreement brokered by the Clinton administration and negotiated by former President Jimmy Carter, those fuel rods are locked in a storage facility and monitored by international weapons inspectors. Unfortunately, after the US and North Korea match each other in threats and belligerence, North Korea will throw out the weapons inspectors, open the storage facility, and begin reprocessing them into bomb-grade plutonium. Instead of careful negotiations and diplomacy, the US in essence goads the volatile North Koreans into breaking the agreement and restarting their nuclear weapons program (see October 27, 2002). [Washington Monthly, 5/2004] One administration official will later call the negotiating tactics “no carrot, no stick, and no talk.” Author J. Peter Scoblic will later term the negotiating failure “catastrophic,” noting that by 2006 the North Koreans will not only have produced enough plutonium for 10 nuclear weapons, they will have tested one. Scoblic will write: “Often frustrated by their failures, their inability to rid the world of evil (see December 19, 2003), Bush officials assuaged their moral sensibilities by ‘calling evil by its name.’ Conservatives, who were fond of deriding treaties as mere pieces of paper, had actually opted for an even less forceful alternative: taunting.” [Scoblic, 2008, pp. 234]

Entity Tags: US Department of State, Bush administration (43), Jim Kelly, J. Peter Scoblic, Kim Jong Il

Timeline Tags: US International Relations

October 6, 2002: Al-Qaeda Attacks Oil Tanker

The Limburg after the attack.The Limburg after the attack. [Source: NAVSEA]Al-Qaeda conducts a suicide bombing against a French oil tanker, the Limburg. The attack takes places in the Gulf of Aden off the coast of Yemen. One crew member is killed and over 90,000 barrels of oil leak into the sea. The attack is similar to the one on the USS Cole almost two years before (see October 12, 2000) and is planned by one of the same people, Abd al-Rahim al-Nashiri. [BBC, 10/16/2002; 9/11 Commission, 7/24/2004, pp. 153]

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

Entity Tags: Robert Fuller, Federal Bureau of Investigation, Maher Arar, Walter Ruiz, Omar Khadr, William Kuebler

Timeline Tags: Torture of US Captives

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” [CBC News, 11/26/2004]

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

The House votes to give President Bush sweeping authorization to use military force against Iraq, on an overwhelming 296-133 vote. One hundred and twenty-six Democrats vote against the bill even though House Minority Leader Richard Gephardt (D-MO) co-authored it. House Majority Leader Dick Armey (R-TX) issues a veiled warning to the president to use his newly granted powers judiciously: “Mr. President, we are about to give you a great trust.” After the bill passes the House, Bush says, “The days of Iraq acting as an outlaw state are coming to an end… [t]he gathering threat of Iraq must be confronted fully and finally.” One of the opponents of the House bill, John Spratt (D-SC), says that without an international diplomatic approach, “this will be the United States versus Iraq and in some quarters the US versus the Arab and the Muslim world.” Commenting on the passing of the resolution, the Washington Post reports: “Yesterday’s debate often lacked the passion and unpredictability of the 1991 affair, when members sat late into the night listening attentively to a war of words. By contrast, the House chamber was largely empty most of yesterday: the arguments familiar, the outcome certain, the conclusion anticlimactic.” [White House, 10/2/2002; PBS, 10/10/2002; Washington Post, 10/11/2002] Bush calls on the Senate to pass the bill (see October 11, 2002) so it can be signed into law as soon as possible (see October 16, 2002). The Senate overwhelmingly approves the resolution the next day. [PBS, 10/10/2002; US Senate, 10/11/2002] The AUMF contains a caveat in the authorization that conditions Congress’s authorization of military force on a formal determination by Bush that Iraq poses a threat to the US that cannot be contained diplomatically, and that any military action against Iraq must be consistent with the war against those who attacked the US on 9/11 (see March 18, 2003). The US media virtually ignores this condition, and therefore the Bush administration does not feel particularly bound by it. Congress asks for the formal declaration either before launching an attack or within 48 hours of the attack, and insists that the declaration contain solid evidence of the impossibility of further diplomacy, and of Iraq’s connection to the 9/11 terrorists. [Dean, 2004, pp. 143-148]

Entity Tags: Richard Gephardt, John Spratt, Bush administration (43), Dick Armey, George W. Bush, Washington Post

Timeline Tags: Events Leading to Iraq Invasion

The Office of Legal Counsel (OLC)‘s John Yoo sends a classified memo to Attorney General John Ashcroft. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo’s subject is the legality of certain communications intelligence activities. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. [New York Times, 10/13/2002; New York Times, 10/14/2002; BBC, 2/19/2003] Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). [Chicago Tribune, 12/7/2003] Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. [New York Times, 9/19/2003; New York Times, 10/3/2003] JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

Entity Tags: Ali Gufron, Azhari Husin, Dulmatin, Amrozi bin Nurhasyim, Imam Samudra, Ali Imron, Hambali, Noordin Mohammed Top, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Former ambassador Joseph Wilson, having broken his decade-long silence on Middle Eastern affairs just months before (see May 2002), pens an op-ed for the San Jose Mercury News titled “How Saddam Thinks.” Wilson warns of a “bloody American invasion and long occupation of Iraq” if President Bush follows up on his threats of “regime change,” with the United Nations failing to derail the US push for war with forceful weapons inspections.
Crucial Lessons of Desert Shield/Desert Storm - “Both the US and UN approaches are dangerously flawed,” he warns. “They ignore crucial lessons we learned in the Persian Gulf War about how Saddam thinks.” If Bush does go to war, Wilson writes, “Saddam [Hussein] will use every weapon in his arsenal to defend himself,” which may well include chemical and biological weapons. “But,” he continues, “history also shows that the less-confrontational approach favored by some on the Security Council—France and Russia—isn’t likely to work, either. Saddam has, after all, repeatedly flouted UN resolutions and ignored its demands to let weapons inspectors back into the country for almost four years.” Wilson recalls listening to Hussein gloat over the prospect of slaughtering American soldiers during Desert Shield (see August 6, 1990), and the difficulties Wilson and his fellow diplomats encountered in persuading Hussein to release hundreds of foreign hostages intended for use as “human shields” (see August 8, 1990).
Hussein a 'Malignant Narcissist' - Wilson writes that “[w]e learned firsthand… what the CIA psychiatrists have said for years: Saddam is an egomaniacal sociopath whose penchant for high-risk gambles is exceeded only by a propensity for miscalculation. Those psychiatrists, who study the characters of world leaders, believe that he suffers from what is popularly called ‘malignant narcissism,’ a sense of self-worth that drives him to act in ways that others would deem irrational, such as invading neighboring countries. But the trait also makes him highly sensitive to direct confrontation and embarrassment, even as he is contemptuous of compromise.”
Confrontation without War - Wilson found that a confrontational, “in your face” approach worked the best in getting the desired results from Hussein (see August 8-9, 1990). Wilson recommends revisiting the techniques that worked during the 1991 Gulf War, incorporating “[a]n aggressive UN-sanctioned campaign to disarm Iraq—bolstered by a militarily supported inspection process—would combine the best of the US and UN approaches, a robust disarmament policy with the international legitimacy the United States seeks.” Wilson continues: “Our message to Saddam can be simple: ‘You are going to lose your weapons of mass destruction capability either through the inspections or through a sustained cruise-missile assault on the 700 suspicious sites the United Nations has already identified. If you rebuild them, we will attack again. And if you use weapons of mass destruction or attack another country in the region, we will destroy you and your regime.’ The decision to live or die then becomes his to make. The ultimate lesson of the Gulf War may be that when offered the choice, Saddam will sacrifice almost everything before sacrificing his own life or grip on power.” [Mercury News (San Jose), 10/13/2002]
Response - Foreign Intelligence Advisory Board chief Brent Scowcroft (see October 16, 2001 and March 2002) asks Wilson if he can “take [the editorial] over to the White House.” Scowcroft says that White House officials need to hear the views of someone who actually has experience with Iraq and with Hussein. Days later, Wilson receives a note from former President George H. W. Bush indicating that he agrees wholeheartedly with Wilson’s position. The op-ed will also garner invitations from a variety of television news shows for Wilson to appear as a commentator. [Wilson, 2004, pp. 295-297]

Entity Tags: Joseph C. Wilson, George Herbert Walker Bush, Bush administration (43), Brent Scowcroft, Saddam Hussein, George W. Bush, United Nations Security Council

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

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]

Entity Tags: Abu Zubaida, Al-Qaeda, Ramzi bin al-Shibh, George W. Bush

Timeline Tags: Torture of US Captives

The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. [US Congress, 7/7/2004, pp. 58] Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. [US Congress, 7/7/2004, pp. 58; Isikoff and Corn, 2006, pp. 162; CBS News, 4/23/2006] According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” [New Yorker, 10/27/2003] Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). [Unger, 2007, pp. 261]

Entity Tags: Simon Dodge, National Security Agency, Bureau of Intelligence and Research, Central Intelligence Agency, US Department of Energy, Defense Intelligence Agency, Wayne White

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

President Bush signs the congressional resolution (see October 2, 2002 and October 11, 2002) authorizing him to use military force against Iraq. He continues to maintain that he wants to avoid war if at all possible (see (March 2002)). “I have not ordered the use of force,” he says. “I hope the use of force will not become necessary,” he says shortly before signing the document. “Hopefully this can be done peacefully. Hopefully we can do this without any military action.” He says he has “carefully weighed the human cost of every option before us” and that he will only send troops “as a last resort.” [US President, 10/21/2002; Unger, 2007, pp. 267]

Entity Tags: George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

The Bush administration publicly reveals that North Korea has centrifuges needed to produce weapons-grade uranium (see October 4, 2002). The administration has kept this information secret for two weeks, waiting for Congress to pass its resolution authorizing military action against Iraq (see October 10, 2002) before releasing it to the public. Foreign affairs journalist Fred Kaplan will later write: “The public rationale for war was that Saddam Hussein possessed weapons of mass destruction. If it was known that North Korea was also making WMDs—and nuclear weapons, at that—it would have muddied the debate over Iraq. Some would have wondered whether Iraq was the more compelling danger—or asked why Bush saw a need for war against Iraq but not against North Korea.” Three days later, Bush announces that the US is unilaterally withdrawing from the “Agreed Framework” treaty between the US and North Korea that keeps North Korea from producing nuclear weapons (see October 21, 1994 and October 27, 2002). [Washington Monthly, 5/2004]

Entity Tags: Fred Kaplan, Bush administration (43), Saddam Hussein

Timeline Tags: US International Relations

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]

Entity Tags: Robert S. Mueller III, Sibel Edmonds, Barbara Comstock, John Ashcroft, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

Responding to North Korea’s admission that it has the centrifuges necessary to produce weapons-grade uranium (see October 4, 2002 and October 17, 2002), President Bush announces that the US is unilaterally withdrawing from the 1994 “Agreed Framework” treaty between the US and North Korea that keeps North Korea from producing nuclear weapons (see October 21, 1994). It halts oil supplies to North Korea and urges other countries to cut off all economic relations with that country. In return, the North goes back and forth, at one turn defending its right to develop nuclear weapons, and in another offering to halt its nuclear program in return for US aid and the signing of a US non-aggression pact. North Korea asserts that the US has not met its obligations under the Agreed Framework (see October 21, 1994), as the construction of light-water nuclear reactors, scheduled to be completed in 2003, is years behind schedule. [Washington Monthly, 5/2004; BBC, 12/2007]

Entity Tags: George W. Bush

Timeline Tags: US International Relations

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. [Chicago Tribune, 10/22/2002]
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

Entity Tags: Marwan Alshehhi, Barakat Yarkas, Abdul-Matin Tatari, Abdelghani Mzoudi, Mamoun Darkazanli, Zakariya Essabar, Said Bahaji, Ramzi bin al-Shibh, Naamen Meziche, Mounir El Motassadeq, German intelligence community, Mohamed Atta, Mohammed Haydar Zammar

The US and the United Nations officially declare Jemaah Islamiyah (JI) to be a terrorist organization. JI is considered to be al-Qaeda’s main affiliate in Southeast Asia. Australia, Malaysia, New Zealand, Indonesia, and other nations support the UN declaration. The Indonesian government had previously maintained that JI did not even exist, but immediately changed its position on JI after the Bali bombings earlier in the month (see October 12, 2002). However, even though the Indonesian government supports the UN declaration, it does not actually declare JI an illegal organization within Indonesia. [New York Times, 10/24/2002; Associated Press, 10/31/2002] It will take until 2008 for an Indonesian court to officially declare JI an illegal organization (see April 21, 2008). The key breakthrough to identifying the bombers takes place on November 2, 2002. The first suspect, an alleged JI operative named Amrozi bin Nurhasyim, is arrested on November 5. [BBC, 12/3/2002] Indonesia officially declares JI the prime suspect in the bombings on November 16. [Jakarta Post, 1/3/2003]

Entity Tags: United States, Jemaah Islamiyah, Amrozi bin Nurhasyim, United Nations

Timeline Tags: Complete 911 Timeline

The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. [Savage, 2007, pp. 114-115]

Entity Tags: James Sensenbrenner, House Judiciary Committee, USA Patriot Act, John Ashcroft, US Department of Justice

Timeline Tags: Civil Liberties

The North Korean Central News Agency, a government-run media outlet, announces that if the US is ready to conclude a peace treaty with North Korea, then it “will be ready to clear the US of its security concerns.” North Korea is implying that it will cease developing nuclear weapons. But the Bush administration has no interest in establishing peaceful relations with North Korea (see November 2002). [Scoblic, 2008, pp. 239] The US chief arms negotiator for North Korea, Jim Kelly, is asked if the administration might ask the United Nations Security Council to intervene. According to a diplomat present for the exchange, Kelly replies, “The Security Council is for Iraq.” Kelly will later claim not to recall making the statement. [Washington Post, 10/26/2004]

Entity Tags: Jim Kelly, Bush administration (43), North Korean Central News Agency

Timeline Tags: US International Relations

Six of Indonesia’s main newspapers, including the Jakarta Post, Jawa Pos, and Bali Pos, suggest that several high-ranking Indonesian government figures could be suspects in the Bali bombings that took place earlier in the month (see October 12, 2002). These newspapers note that Gen. Djaja Suparman and former Jakarta police chief Nugroho Jayusman had flown to Bali just before the bombings. Army chief of staff Gen. Ryamizard Ryacudu was also reportedly in Bali at the time of the bombings. [Jakarta Post, 1/3/2003; Pacific Media Watch, 3/31/2003] Gen. Endriartono Sutarto, head of the Indonesian military, admits to the movements, but claims that Suparman was on vacation, while Riyacudu was in Bali for “health reasons.” An Indonesian human-rights activist says, “General Suparman is one of the generals who was behind the extremist jihad groups. He set up militias composed of gangsters and religious fanatics to counter student demonstrations in 1998. One of these militias, Pram Swarkasa, became the embryo of Laskar Jihad.” Laskar Jihad collaborated with the Indonesian military to kill thousands of Christians in the Indonesian province of Maluku in previous years (see January 1999-July 2001); al-Qaeda and its Southeast Asian affiliate Jemaah Islamiyah provided assistance (see Late 2000-Mid-2001). [Asia Times, 11/7/2002] Wimar Witoelar, spokesman for the previous Indonesian president, Abdurrahman Wahid, also says around this time, “The plot is probably hatched by hardline military rogues. This is certainly an excuse for a military takeover unless it is pre-empted.” Suparman threatens to sue for libel, as does Sutarto, who is accused by the Washington Post around the same time for tacitly approving the killing of a group of US citizens in Indonesia less than two months before the Bali bombings (see Mid-September 2002). But the lawsuits apparently never occur, and an Indonesian press council apparently never rules if the newspapers were irresponsible for making the allegations. None of the government figures are ever charged or officially named as suspects in the bombings. [Jakarta Post, 11/9/2002; Pacific Media Watch, 3/31/2003; Reporters without Borders, 6/3/2004]

Entity Tags: Laskar Jihad, Tentara Nasional Indonesia, Nugroho Jayusman, Wimar Witoelar, Djaja Suparman, Ryamizard Ryacudu

Timeline Tags: Complete 911 Timeline

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 15, 40 pdf file]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives

On November 2, 2002, only three weeks after the 2002 Bali bombings (see October 12, 2002), the Australian and Indonesian teams investigating the attacks say they have finished their initial forensic analysis of the bomb site. One forensic team member says, “We have all we need to nail these bad guys down.” [New York Times, 11/2/2002; Jakarta Post, 1/3/2003] That same day, investigators get their first big break when they discover the vehicle identification number of the chassis of the van used by some of the bombers. [BBC, 12/3/2002] The first arrest of an officially suspected bomber, Amrozi, takes place on November 5. He had bought the van. He immediately confesses to taking part in the bombings. Other arrests, including the arrest of an alleged mastermind of the bombings, Imam Samudra, follow in the next weeks and months. [Jakarta Post, 1/3/2003] Most Balinese are Hindu, and on November 15, the island holds a large public Hindu ritual purifying the bomb sites. The next day, bulldozers begin dumping the debris into the ocean, and they dump all the bomb site wreckage into the ocean over the next several days. [Jakarta Post, 11/17/2002; New York Times, 5/4/2003] Robert S. Finnegan, editor for the English-language Jakarta Post newspaper, will later sarcastically comment on how quickly the investigators finished their on-site work: “Astounding work, as it must have set a world record for crime scene forensic analysis.” He will also note, “Given the scope of the bombing and the sheer size of the primary and secondary blast areas - where traces from a plethora of different explosive compounds were swabbed from - this was a feat that escaped even the vaunted investigators working the World Trade Center [9/11] crime scene in New York, who spent nearly a year literally sifting by hand for evidence at the site.” [Jakarta Post, 1/3/2003]

Entity Tags: Imam Samudra, Robert S. Finnegan, Amrozi bin Nurhasyim

Timeline Tags: Complete 911 Timeline

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. [Washington Post, 11/4/2002; Associated Press, 12/3/2002] Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). [Washington Post, 11/9/2002; Newsweek, 11/11/2002] A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. [New Yorker, 12/16/2002] The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. [Newsweek, 11/11/2002] New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” [New Yorker, 12/16/2002] Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). [Newsweek, 11/11/2002] US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Entity Tags: Qaed Salim Sinan al-Harethi, Scott L. Silliman, Kamal Derwish, Condoleezza Rice, Al-Qaeda, Paul Wolfowitz, Central Intelligence Agency

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

Kamal Derwish.Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]

Entity Tags: Scott L. Silliman, Condoleezza Rice, Kamal Derwish, Donald Rumsfeld, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Confident of UN support for its resolution (see November 1, 2002), the Bush administration presents the UN Security Council with a third draft for an even tougher UN resolution aimed at “disarming” Saddam Hussein’s regime. In one section the word “or” is replaced with “and,” and in another the phrase “restore international peace and security” is changed to “secure international peace and security.” France will agree to the new draft on November 7 and the resolution will be passed by the council unanimously on November 8 (see November 8, 2002) with only slight modifications. [CNN, 11/8/2002]

Entity Tags: Bush administration (43), United Nations Security Council

Timeline Tags: Events Leading to Iraq Invasion

The UN Security Council unanimously votes 15-0 in favor of UN Resolution 1441, which stipulates that Iraq is required to readmit UN weapons inspectors under tougher terms than required by previous UN resolutions. The resolution does not give the US authority to use force against Iraq. [United Nations, 11/8/2002] The resolution makes it very clear that only the UN Security Council has the right to take punitive action against Iraq in the event of noncompliance. [Common Dreams, 11/14/2002] After the resolution is passed, top Bush administration officials make public statements threatening to use military force against Iraq if Saddam’s regime does not comply with the resolution. George Bush, Colin Powell, John Negroponte, Andrew Card, and Ari Fleischer make statements asserting that the resolution does not prevent the US from using force.
bullet A provision that would have authorized UN member states to use “all necessary means” to disarm Iraq is relocated to the preamble of the resolution where it has no practical significance. [New York Times, 11/6/2002; United Nations, 11/9/2002]
bullet A provision requiring that security guards accompany the inspectors is removed. [New York Times, 11/6/2002]
bullet The resolution requires Iraq to provide the UN with the names of all its weapons experts. [New York Times, 11/6/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
bullet The resolution states that weapons inspectors will be authorized to remove Iraqi scientists, as well as their families, from Iraq in order to interview them. An official later tells the Washington Post that the power to interview Iraqi scientists was “the most significant authority contained in the resolution” and “the one thing that is most likely to produce overt Iraqi opposition.” [United Nations, 11/9/2002; Washington Post, 12/12/2002]
bullet The resolution overturns provisions of the previous Resolution 1154 that required UN inspectors to notify Baghdad before inspecting Saddam Hussein’s presidential sites. Resolution 1154 had also required that inspections of those sensitive sites occur in the presence of diplomats. The new resolution demands that Iraq allow the inspectors “immediate, unimpeded, unconditional and unrestricted access” to any sites chosen by the inspectors. [United Nations, 11/9/2002] Unnamed diplomats and US officials tell USA Today that the US may attempt to claim that Iraq is engaged in a pattern of defiance and deceit if it hinders the inspectors in any way. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
bullet The resolution includes a provision calling for “no-fly” and “no-drive” zones in the areas surrounding suspected weapons sites to prevent the Iraqis from removing evidence prior to or during inspections. [United Nations, 11/9/2002]
bullet The final resolution includes statements stipulating that an Iraqi failure to comply with the terms of the resolution, including “false statements or omissions” in the weapons declaration it is required to submit, will “constitute a further material breach” of its obligations. Additional wording included in the same provision explains that any breach of the resolution will “be reported to the Council for assessment.” Also, towards the end of the resolution, it states that the chief weapons inspector should “report immediately to the Council any interference” by Iraq so that the Council can “convene immediately to consider the situation and the need for full compliance with all the relevant council resolutions in order to restore international peace and security.” [New York Times, 11/6/2002; CNN, 11/8/2002; London Times, 11/9/2002; United Nations, 11/9/2002]
bullet Paragraph 8 of UN Security Council Resolution 1441 states that Iraq “shall not take or threaten hostile acts directed against any representative or personnel of the United Nations or the IAEA or of any Member State taking action to uphold any Council resolution.” The US contends that this applies to the US- and British- patrolling of the “no-fly” zones that the two countries imposed shortly after the Gulf War. The “patrolling,” which has never been officially sanctioned by the UN and which is not recognized by Iraq, often includes aerial attacks on Iraqi sovereign territory. Iraq consistently fires on the attacking jets in self-defense. Other UN Security Council members explicitly oppose this interpretation of the resolution before its passage. [United Nations, 11/9/2002; Associated Press, 11/12/2002]
bullet The resolution gives Iraq seven days to announce whether or not it will comply with the resolution, and 30 days (December 8) to declare its chemical, biological, and nuclear-related capabilities—even those that are unrelated to weapons programs. 10 days after Iraq’s acceptance of the terms, inspectors will send an advanced team to Baghdad, but will have a total of 45 days to begin the actual work. The inspection team will be required to provide the UN Security Council with a report 60 days (January 27) after the commencement of its work. [Guardian, 11/7/2002; Associated Press, 11/8/2002; United Nations, 11/9/2002; Associated Press, 11/13/2002] Diplomats and US officials speaking off the record tell USA Today that the declaration due on December 8 represents a hidden trigger, explaining that any omissions will be considered a material breach and sufficient justification for war. [USA Today, 12/19/2002 Sources: Unnamed diplomats and US officials]
bullet Syria requested that the resolution include a provision stating that Iraq’s compliance with the terms would result in the lifting of sanctions. This provision was not included. [CNN, 11/8/2002]
bullet Syria requested that the resolution declare the entire Middle East a “nuclear-free and weapons of mass destruction-free zone.” This provision was not included. [CNN, 11/8/2002]
bullet France did not want the resolution to include any wording that might authorize the use of force. Instead it argued that the resolution should include only terms for tougher inspections. In the event of Iraqi noncompliance with the terms, France argued, a separate resolution should be agreed upon to decide what further action would be necessary. France lost its argument, and the new resolution includes a warning to Iraq “that it will face serious consequences” in the event of its failure to comply with the terms of the resolution. [Guardian, 11/7/2002]

Entity Tags: John Negroponte, Ari Fleischer, George W. Bush, Colin Powell, Andrew Card

Timeline Tags: Events Leading to Iraq Invasion

Following six attacks by different radical Islamic groups in Tunisia (see April 11, 2002), Pakistan, Yemen (see October 6, 2002), Kuwait, Bali (see October 12, 2002), and Moscow, a new audio message is released by a man said by some to be Osama bin Laden, although the identity of the speaker will be disputed (see November 29, 2002). The voice on the tape outlines a principle he says he and his allies are using: reciprocity. He comments: “If it pains you to see your victims and your allies’ victims in Tunisia, Karachi, Failaka, and Oman, then remember that our children are murdered daily in Palestine and Iraq… If it pains you to see your victims in Moscow, then remember ours in Chechnya. How long will fear, killing, destruction, displacement, orphaning, and widowing be our sole destiny, while security, stability, and happiness is yours? This is injustice. The time has come to settle accounts. Just as you kill, so you shall be killed; just as you bomb, so you shall be bombed. And there will be more to come.” [Laden, 2005, pp. 173-5]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

Iraqi Ambassador to the UN Mohammed Al-Douri delivers a 9-page letter from Baghdad to UN Secretary-General Kofi Annan’s office agreeing to comply with UN Resolution 1441 (see November 8, 2002)—without conditions. According to the ambassador, “The letter says that Iraq accepts the resolution, and accepts the return of inspectors. There are no conditions, no reservations. We explained in the letter the whole Iraqi position saying that Iraq… has not and will not have any mass destruction weapons, so we are not worried about the inspectors when they will be back.” [Associated Press, 11/13/2002; London Times, 11/14/2002]

Entity Tags: Kofi Annan, Mohammed Al-Douri

Timeline Tags: Events Leading to Iraq Invasion

Secretary of State Colin Powell hints that the US might view Iraqi attempts to shoot down coalition aircraft in the so-called “no-fly” zone as a breach of UN Resolution 1441 (see November 8, 2002). “If they [Iraqis] were to take hostile acts against the United States or [British] aircraft patrolling in the northern and (southern) no-fly zone, then I think we would have to look at that with great seriousness if they continue to do that.” [Associated Press, 11/14/2002; Washington Post, 11/17/2002]

Entity Tags: Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

US and British warplanes attack a radar installation in southern Iraq near Al Najaf about 85 miles southeast of Baghdad at around 2:50 EST after Iraqi air defenses fired on “coalition” aircraft that were patrolling the southern “no-fly” zone. This is the first such incident to have occurred after the passing of UN resolution 1441 (see November 8, 2002). The US- and British- imposed “no-fly” zones have never been recognized by the UN and the two countries’ jurisdiction over the zones has no legal basis. Iraq has consistently regarded this “patrolling” as a violation of its airspace and as a threat to its security. US and British warplanes have attacked Iraqi targets more than forty times during the 2002. After the attacks, the Bush administration claims that Iraq’s action was a violation of UN Resolution 1441. [Associated Press, 11/15/2002; United Press International, 11/15/2002; Associated Press, 11/16/2002; Washington Post, 11/16/2002; Washington Post, 11/17/2002]

Entity Tags: United Nations

Timeline Tags: Events Leading to Iraq Invasion

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

US and British warplanes attack sites northeast of Mosul after Iraqi defense forces fire anti-aircraft artillery at coalition aircraft patrolling the so-called “no-fly” zones. In a separate incident, warplanes attack two Iraqi air defense communications facilities and one air defense radar site in southern Iraq in Wassit and Dhi Oar after “Iraqi air defenses fired multiple surface-to-air missiles and anti-aircraft artillery at coalition aircraft.” [New York Times, 11/19/2002; Scotsman, 11/19/2002; Reuters, 11/19/2002; Associated Press, 11/20/2002] According to Iraqi authorities, four Iraqi civilians were wounded as a result of the attacks in southern Iraq. [Associated Press, 11/20/2002] White House spokesperson Scott McClellan says in a press briefing, “The United States believes that firing upon our aircraft in the no-fly zone, or British aircraft, is a violation—it is a material breach.” [White House, 11/18/2002; New York Times, 11/19/2002] And Defense Secretary Donald Rumsfeld, who is in Chile, says: “I do find it unacceptable that Iraq fires. It is for the president of the United States and the UN Security Council to make judgments about their view of Iraq’s behavior over a period of time.” [Daily Telegraph, 11/19/2002; New York Times, 11/19/2002; CNN, 11/23/2002] This is the second time the US has bombed Iraq since the passing of UN resolution 1441 (see November 8, 2002). The US will conduct at least 22 more aerial attacks on Iraq before the March 19, 2003 invasion. [Colorado Campaign for Middle East Peace, 1/11/2006] UN officials disagree with Washington’s assessment. Secretary-General Kofi Annan states, “Let me say that I don’t think that the council will say this is in contravention of the resolution of the Security Council.” [Reuters, 11/19/2002] Responding to Annan’s remarks, Rumsfeld argues, “I don’t know that he (Annan) necessarily reflects the UN, the center of gravity of the Security Council, on any particular issue at any particular time…. Whenever resolutions are passed, they tend to be compromises, and there tend to be calculated ambiguities written into them to gain votes. So it does not come as a surprise to me…. The United Nations sat there for years with 16 resolutions being violated. So, just as we’ve seen a pattern of behavior on the part of Saddam Hussein, we’ve seen a pattern of behavior on the part of the United Nations.” [US Department of Defense, 11/19/2002; CNN, 11/19/2002] No comments supporting the US position are made by the British. [Daily Telegraph, 11/19/2002]

Entity Tags: Kofi Annan, Scott McClellan, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

Page 9 of 20 (1977 events)
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