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

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On the eve of a two-day NATO summit in Prague, Czech Republic, President Bush addresses the UN mandate for Iraq to declare its arsenal of unconventional weapons (see November 8, 2002): “Saddam Hussein has been given a very short time to declare completely and truthfully his arsenal of terror. Should he again deny that this arsenal exists, he will have entered his final stage with a lie. And deception this time will not be tolerated. Delay and defiance will invite the severest of consequences. America’s goal, the world’s goal, is more than the return of inspectors to Iraq. Our goal is to secure the peace through the comprehensive and verified disarmament of Iraq’s weapons of mass destruction. Voluntary or by force, that goal will be achieved.” [New York Times, 11/21/2002; US President, 11/25/2002] Bush is echoing and reiterating calls from conservatives and neoconservatives both inside and outside the White House to label Hussein a liar no matter what he declares (see November 20, 2002 and December 2, 2002). They go farther than Bush in demanding that the US invade Iraq as soon as the December 8 deadline for declaring his weapons expires (see December 7, 2002). Former ambassador Joseph Wilson will write: “If the neoconservatives had been angry before the UN deal—and they were—they were truly furious afterward. The ink on the resolution was barely dry before they launched attacks on [Secretary of State] Colin Powell for having led the president down the wrong path, one in which he was placing his faith in what they said was a feckless international community.” [Wilson, 2004, pp. 301]

Entity Tags: George W. Bush, Colin Powell, Joseph C. Wilson, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

A NATO summit is convened in Prague to welcome the Eastern European states of Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia, who will become members of the alliance in 2004. These seven countries, along with Albania, Croatia and Macedonia, release a statement [New York Times, 11/22/2002] , which says, “NATO allies stand united in their commitment to take effective action to assist and support the efforts of the UN to ensure full and immediate compliance by Iraq, without conditions or restrictions, with UN [Resolution] 1441 (see November 8, 2002).” [Daily Telegraph, 11/22/2002] The statement also says, “[W]e are prepared to contribute to an international coalition to enforce its provisions and the disarmament of Iraq.” [New York Times, 11/22/2002] Bruce Jackson, a former US Defense Department official who heads the Committee for the Liberation of Iraq, helps draft the statement. France also releases a statement, which is a bit less confrontational. [Agence France-Presse, 11/20/2002] A French official explains to the London Telegraph that the Eastern states’ statement was “his [Bush’s] own interpretation [of UN Resolution 1441] and we do not share it. On December 8, we will take note of what Iraq says it has… and we will see if its behavior is consistent with its statement.” Germany remains opposed to the use of military force. [Daily Telegraph, 11/22/2002] German Foreign Minister Joschka Fischer tells reporters, “We are against military action. We don’t support military action. We want the possibility not to become the reality.” [New York Times, 11/22/2002] On the night of November 21, in an interview with Dan Rather of CBS News, Secretary of State Colin Powell also makes the US position clear. He says, “If the [December 8] declaration is patently false and everybody can see it. If he does not let the inspectors do their job, then the president is fully ready to take the necessary step, which is military force.” [Evening News With Dan Rather, 11/21/2002] Secretary of Defense Donald Rumsfeld is also in town for the summit. Before he leaves Prague to meet with Slovak Prime Minister Mikulas Dzurinda in Slovakia, he says he will not believe Iraq if its declaration claims Iraq has no weapons of mass destruction. [Associated Press, 11/22/2002]

Entity Tags: Bruce Jackson, Joschka Fischer, Colin Powell, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]

Entity Tags: Office of the Inspector General (CIA), “Paul P.”, Central Intelligence Agency, Matthew Zirbel

Timeline Tags: Torture of US Captives

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]

Entity Tags: US Coast Guard, US Department of Homeland Security, US Customs Service, US Secret Service, George W. Bush, Kristen Breitweiser, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, Relatives of September 11 Victims, Tom Ridge

Timeline Tags: Complete 911 Timeline, Civil Liberties

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” [National Journal, 1/20/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.

Entity Tags: Senate Intelligence Committee, William E. Moschella, Michael Hayden, Bush administration (43), Foreign Intelligence Surveillance Act, Novel Intelligence from Massive Data, House Intelligence Committee

Timeline Tags: Civil Liberties

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. [Associated Press, 6/23/2004] He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. [New York Times, 8/25/2004] The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. [MSNBC, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Iraq reiterates its claim that it has no weapons of mass destruction in the country, foreshadowing the content of its formal declaration, which is due in five days. Responding to the statement, US Secretary of Defense Donald Rumsfeld says, “Any country on the face of the earth with an active intelligence program knows that Iraq has weapons of mass destruction.” And President Bush says, “He [Saddam Hussein] says he won’t have weapons of mass destruction; he’s got them.” [BBC, 12/4/2002]

Entity Tags: Donald Rumsfeld, George W. Bush

Timeline Tags: Events Leading to Iraq Invasion

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

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

District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]

Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act

Timeline Tags: US Environmental Record, Civil Liberties

Syafrie Syamsuddin.Syafrie Syamsuddin. [Source: Kuantanutama.com]The International Crisis Group (ICG), an international think tank, publishes a report that identifies a “curious link” between the al-Qaeda affiliate group Jemaah Islamiyah (JI) and the Indonesian military, the TNI. [International Crisis Group, 12/11/2002] PBS Frontline will later say that Sidney Jones, the author of the report, “is widely considered to know more about terrorism in Indonesia than anyone.” [PBS Frontline, 4/2007] The ICG says the connection is “strong enough to raise the question of how much the TNI knew about Jemaah Islamiah” before the October 2002 Bali bombings. The report outs Fauzi Hasbi, a long-time JI leader, as an Indonesian government mole. It says that Hasbi has maintained links with Major-General Syafrie Syamsuddin since the late 1970s. “Hasbi maintains regular communication with Major-General Syafrie Syamsuddin to this day and is known to be close to the National Intelligence Agency head Hendropriyono.” Furthermore, an army intelligence officer interviewed by ICG had Hasbi’s number programmed into his cell phone, and actually called Hasbi and spoke to him while in the presence of the ICG investigator. And remarkably, Hasbi himself has claimed that he has treated Hambali, a top JI and al-Qaeda leader believed to have masterminded the 2002 Bali bombings, like a son. Hasbi and Hambali lived next door to each other in a small Malaysian village until late 2000 (see April 1991-Late 2000). [International Crisis Group, 12/11/2002; Age (Melbourne), 12/12/2002] Hasbi is killed in mysterious circumstances two months later (see 1979-February 22, 2003).

Entity Tags: Syafrie Syamsuddin, Sidney Jones, Tentara Nasional Indonesia, International Crisis Group, Hambali, Fauzi Hasbi, Hendropriyono, Jemaah Islamiyah

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

North Korea, stung by repeated rebuffs towards its attempts to reopen diplomatic negotiations with the US (see October 27, 2002 and November 2002), announces that it will restart its nuclear facilities. [Scoblic, 2008, pp. 239] It blames the US for ignoring its responsibilities under the 1994 Agreed Framework (see October 21, 1994). In the next few days and weeks, North Korea will ask the International Atomic Energy Agency (IAEA) to remove its seals and surveillance equipment from the Yongbyon nuclear facility, will itself begin removing monitoring equipment, and will begin shipping fuel rods to the Yongbyon plant to begin creating plutonium (see January 10, 2003 and After). [BBC, 12/2007]

Entity Tags: International Atomic Energy Agency

Timeline Tags: US International Relations

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. [Central Intelligence Agency, 5/7/2004, pp. 36, 41 pdf file] This officer will later become known to the public as “Albert.” [Associated Press, 9/7/2010] Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

Entity Tags: Central Intelligence Agency, “Albert”, Abd al-Rahim al-Nashiri, Counterterrorist Center

Timeline Tags: Torture of US Captives

A CIA official known as a “debriefer” who has come out to question al-Qaeda leader Abd al-Rahim al-Nashiri at a secret CIA black site in Poland says that al-Nashiri is withholding information during interrogations. [Central Intelligence Agency, 5/7/2004, pp. 41 pdf file; Associated Press, 9/7/2010] Al-Nashiri had previously been tortured by the agency (see (November 2002)), but the torture stopped when interrogators decided he was “compliant” (see Mid-December 2002). However, due to the decision that al-Nashiri is withholding information, some of the agency’s harsh techniques, including hooding and shackling, are now reinstated. [Central Intelligence Agency, 5/7/2004, pp. 41 pdf file] According to a former CIA official who will talk to the Associated Press in 2010, the conclusion reached by the debriefer, who will later become known to the public as “Albert,” is disputed. Based on this official’s account, the Associated Press will report that there are “heated arguments at CIA headquarters” over what to do with al-Nashiri, but that in the end the abuse starts again. [Associated Press, 9/7/2010]

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

Timeline Tags: Torture of US Captives

David Brant, the head of the Naval Criminal Investigative Service (NCIS), approaches Naval General Counsel Alberto Mora about the abuse of detainees in US custody at Guantanamo, abuse perhaps authorized at a “high level” in Washington. Brant is in charge of a team of NCIS agents working with the FBI at Guantanamo, called the Criminal Investigative Task Force. The task force’s job is to obtain incriminating information from the detainees for use in future trials or tribunals.
Troubling Information - Brant has learned troubling information about the interrogations at Guantanamo (see Early December, 2002). Brant had never discussed anything so sensitive with Mora before, and later recalls, “I wasn’t sure how he would react.” Brant had already discussed the allegations of abuse with Army officials, since they have command authority over the detainees, and to Air Force officials as well, but goes to Mora after deciding that no one in either branch seems to care. He is not hopeful that Mora will feel any differently.
Worried about Abuse - Brant goes to Mora because, he will recall, he didn’t want his investigators to “in any way observe, condone, or participate in any level of physical or in-depth psychological abuse. No slapping, deprivation of water, heat, dogs, psychological abuse. It was pretty basic, black and white to me.… I didn’t know or care what the rules were that had been set by the Department of Defense at that point. We were going to do what was morally, ethically, and legally permissible.” Brant had ordered his task force members to “stand clear and report” any abusive tactics that they might witness.
Mora 'Rocked' - Brant is not disappointed in Mora’s reactions. A military official who works closely with Brant will later recall that the news “rocked” Mora. The official will add that Mora “was visionary about this,” adding, “He quickly grasped the fact that these techniques in the hands of people with this little training spelled disaster.” Brant asks if Mora wants to hear more about the situation; Mora will write in a 2004 memo (see July 7, 2004), “I responded that I felt I had to.”
Second Meeting - Brant meets with Mora the next day, and shows Mora part of the transcript of the [Mohamed al-Khatani] interrogations. Mora is shocked when Brant tells him that the abuse was not “rogue activity,” but apparently sanctioned by the highest levels in the Bush administration. Mora will write in his memo, “I was under the opinion that the interrogation activities described would be unlawful and unworthy of the military services.” Mora will recall in a 2006 interview: “I was appalled by the whole thing. It was clearly abusive, and it was clearly contrary to everything we were ever taught about American values.” Shocked, Mora will learn more from his counterpart in the Army (see December 18, 2002), and determine that the abusive practices need to be terminated.
Meeting with Pentagon Lawyer - He will bring his concerns to the Pentagon’s general counsel, William J. Haynes, and will leave that meeting hopeful that Haynes will put an end to the extreme measures being used at Guantanamo (see December 20, 2002). But when Mora returns from Christmas vacation, he will learn that Haynes has done nothing. Mora will continue to argue against the torture of detainees (see Early January, 2003). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: William J. Haynes, David Brant, Alberto Mora, Naval Criminal Investigative Service, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Secretary of State Colin Powell and US ambassador to the UN John Negroponte say that the Bush administration considers Iraq to be in “material breach” of UN Resolution 1441 (see November 8, 2002), citing deliberate omissions and falsehoods in Iraq’s 12,000 page December 7 declaration (see December 7, 2002). Powell calls the declaration “a catalog of recycled information and flagrant omissions,” adding that it “totally fails to meet the resolution’s requirements.” He says the omissions “constitute another material breach.” [Associated Press, 12/19/2002; Associated Press, 12/19/2002; Irish Times, 12/19/2002; Washington Post, 12/19/2002] But the administration’s conclusion is made before the Arabic sections of the declaration have even been translated. Blix says that there are 500 or 600 pages that still need to be translated and that it is too early to provide a complete assessment. He adds that the Bush administration’s statements about a “material breach” are baseless allegations. [CNN, 12/19/2002; Straits Times, 12/20/2002]

Entity Tags: Hans Blix, John Negroponte, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

Iraq provides the United Nations with the names of more than 400 scientists who are involved in Iraq’s weapons programs. One of the provisions of UN Security Council Resolution 1441 is that Iraq must supply the names of all of its weapons experts (see November 8, 2002). [BBC, 12/28/2002; Agence France-Presse, 12/29/2002]

Entity Tags: United Nations Security Council

Timeline Tags: Events Leading to Iraq Invasion

United Nations Secretary-General Kofi Annan says in an interview with Israel’s Army Radio that Saddam’s government is cooperating with UN weapons inspectors and that he sees no reason for the use of force against Iraq. “Iraq is cooperating and they [inspectors] are able to do their work in an unimpeded manner and therefore I don’t see an argument for a military action now,” the secretary-general says. “They may give an interim report before the [January] 27 [deadline] and I really do not see any basis for an action until then, particularly as they are able to carry out their work in an unimpeded manner.” [Reuters, 12/31/2001; BBC, 12/31/2001; Independent, 1/1/2003] The Independent of London call his remarks “a blunt warning to Britain and the United States that they will need clear evidence of clandestine weapons programs in Iraq to win support from other nations for any military campaign against Saddam Hussein this winter.” [Independent, 1/1/2003]

Entity Tags: United Nations Monitoring, Verification and Inspection Commission, Kofi Annan

Timeline Tags: Events Leading to Iraq Invasion

Lawyers from the CIA’s Office of General Counsel examine videos of detainee interrogations made by the CIA the year before (see Spring-Late 2002). Although the videos show practices that are said to amount to torture (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007), the lawyers find that they show lawful methods of questioning. The tapes are also examined by the Agency’s Inspector General around this time. [Central Intelligence Agency, 12/6/2007]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA’s Deputy Director for Operations, James Pavitt, asks the agency’s office of inspector general, headed by John Helgerson, to investigate allegations that a high-value detainee, Abd al-Rahim al-Nashiri, has been abused. Apparently, Pavitt has just learned of the abuse of al-Nashiri, who was captured in October or November the previous year (see Early October 2002). [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file] The abuse took place at a black site in Poland and was apparently carried out by a CIA officer known only as “Albert,” with the approval of his superior, “Mike.” [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file; Associated Press, 9/7/2010] The inspector general will issue a report on the incidents later in the year (see October 29, 2003).

Entity Tags: Office of the Inspector General (CIA), John Helgerson, Directorate of Operations, “Mike”, “Albert”, Central Intelligence Agency, James Pavitt

Timeline Tags: Torture of US Captives

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

Entity Tags: John Helgerson, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Torture of US Captives

An official with the International Atomic Energy Agency (IAEA) asks the US for information it has that can verify the claims of Iraqi attempts to buy Nigerien uranium (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). [Christian Science Monitor, 11/15/2005]

Entity Tags: International Atomic Energy Agency

Timeline Tags: Niger Uranium and Plame Outing

The alleged location of Camp Justice on the island of Diego Garcia.The alleged location of Camp Justice on the island of Diego Garcia. [Source: Public domain]The British Parliamentary Under Secretary of State for the Foreign and Commonwealth Office, Baroness Valerie Anne Amos, declares there are no prisoners at the US naval base on the island of Diego Garcia. [United Kingdom, 1/8/2003; United Kingdom, 3/3/2003] The island of Diego Garcia in the Indian Ocean was leased to the US in 1966 for an initial period of 50 years (see December 30, 1966). It now accommodates a US naval base (see June 5, 1975) employing approximately 1,700 military personnel and 2,000 civilian contractors. No one is allowed on the island except for military business. [First, 6/2004 pdf file; Diego Garcia, 1/5/2005] However, it has been reported several times in the press that detainees are being held at a CIA interrogation center on the island named “Camp Justice.” Pentagon officials have denied the existence of a CIA interrogation center on the island and the CIA has refused to respond to inquiries about its alleged existence. [Washington Post, 12/26/2002; First, 6/2004 pdf file; Washington Post, 12/17/2004; Washington Post, 1/2/2005]

Entity Tags: Valerie Anne Amos

Timeline Tags: Torture of US Captives, US-Britain-Diego Garcia (1770-2004)

Alberto Mora, the Navy’s general counsel, meets for a second time with Pentagon general counsel William J. Haynes, who he had tried unsuccessfully to convince to join him in opposing the use of extreme interrogation methods at Guantanamo (see December 20, 2002). Mora will write in a June 2004 memo (see July 7, 2004) that when he tells Haynes how disappointed he is that nothing has been done to stop abuse at Guantanamo, Haynes retorts that “US officials believed the techniques were necessary to obtain information,” and that the interrogations might prevent future attacks against the US and save American lives. Mora acknowledges that he can imagine any number of “ticking bomb” scenarios where it might be the proper, if not the legal, thing to torture suspects. But, he asks, how many lives must be saved to justify torture? Hundreds? Thousands? Where do we draw the line? Shouldn’t there be a public debate on the issue? Mora is doubtful that anyone at Guantanamo would be involved in such a scenario, since almost all of the Guantanamo detainees have been in custody for over a year. He also warns Haynes that the legal opinions the administration is using will probably not stand up in court. If that is the case, then US officials could face criminal charges. Secretary of Defense Donald Rumsfeld could find himself in court; the presidency itself could be damaged. “Protect your client!” he says. When Haynes relates Mora’s concerns to Rumsfeld, according to a former administration official, Rumsfeld responds with jokes about how gentle the interrogation techniques are. “Torture?” he asks rhetorically. “That’s not torture!” He himself stands for up to ten hours a day, he says, and prisoners are not allowed to stand for over four. The official will recall, “His attitude was, ‘What’s the big deal?’” Mora continues to push his arguments, but, as a former Pentagon colleague will recall: “people were beginning to roll their eyes. It was like, ‘Yeah, we’ve already heard this.’” [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, Alberto Mora, US Department of Defense, Donald Rumsfeld

Timeline Tags: Torture of US Captives, Civil Liberties

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 pdf file; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]

Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

A disagreement arises among UN Security Council members over the weapons inspections schedule. UN Resolution 1441 (see November 8, 2002) specifies that after 60 days, the inspectors must report to the Council on the progress of inspections. But the resolution provides no instructions for how the inspections are to proceed after this date. The resolution also fails to explain what is to happen if no weapons of mass destruction are found. Hans Blix believes that after the 60 day report—due January 27—his team should revert to the terms contained within 1999 UN Resolution 1284. According to the provisions of this agreement, an additional report would be due in late March, which would contain a list of disarmament requirements that Iraq would have to satisfy prior to the lifting of sanctions. [United Nations, 12/17/1999; Sydney Morning Herald, 1/16/2003; Reuters, 1/16/2003; Washington Post, 1/16/2003; New York Times, 1/16/2003] “The 1999 resolution spells out steps, which, in theory, could lead to a suspension of sanctions as early as July,” reports Reuters. [Reuters, 1/16/2003] Bush administration officials strongly disagree with Hans Blix’s approach, fearing that it would subvert US plans to provoke a military confrontation with Iraq. The Washington Post reports, “[Blix’s] plan risks undermining the administration’s strategy to ratchet up the pressure for a decision on whether to go to war later this month and it raises the prospect that Security Council members, including some US allies, would use it as an excuse to put off a decision until March, at the earliest.” Other countries—including France, Britain, Russia, France, China and Syria—see no problem with the timetable being advocated by Hans Blix. “The Council’s resolutions shouldn’t be flouted, they should be respected,” says Fayssal Mekdad, Syria’s deputy UN ambassador. [Washington Post, 1/16/2003]

Entity Tags: United Nations Security Council, Hans Blix, Fayssal Mekdad

Timeline Tags: Events Leading to Iraq Invasion

The Navy’s general counsel, Alberto Mora, is angered at the lack of response to his attempts to persuade the Pentagon to stop abusing prisoners at Guantanamo and is particularly frustrated with the Pentagon’s general counsel, William J. Haynes (see December 20, 2002 and January 9, 2003 and After). Mora decides to take a step that he knows will antagonize Haynes, who always warns subordinates never to put anything controversial in writing or in e-mail messages. Mora delivers an unsigned draft memo of his objections to Haynes, and tells him that he intends to “sign it out” that afternoon—thereby making it an official document—unless the harsh interrogation techniques at Guantanamo stop. Mora’s memo describes the interrogations at Guantanamo as “at a minimum cruel and unusual treatment, and, at worst, torture.”
'Working Group to Be Created - Haynes calls Mora later that day with good news: Defense Secretary Donald Rumsfeld is suspending his authorization of the disputed interrogation techniques (see December 2, 2002) and is appointing a “working group” of lawyers from all branches of the armed forces to develop new interrogation guidelines. Mora will be a part of that working group. An elated Mora begins working with the group of lawyers to discuss the constitutionality and effectiveness of various interrogation techniques. In 2006, he will say that he felt “no one would ever learn about the best thing I’d ever done in my life.”
Mora Outmaneuvered - But Haynes has outmaneuvered Mora. A week later, Mora sees a lengthy classified document that negates every argument he has made. Haynes has already solicited a second, overarching opinion from John Yoo, a lawyer at the Justice Department’s Office of Legal Counsel, that supersedes Mora’s working group (see January 9, 2002). Mora is astonished (see January 23-Late January, 2003). He will later learn that the working group’s report will be forced to comply with Yoo’s legal reasoning. In fact, the group’s final report is never completed—though the draft report, which follows Yoo’s memo, is signed by Rumsfeld without Mora’s knowledge. [New Yorker, 2/27/2006] Mora later says that while Yoo’s memo displays a “seeming sophistication,” it is “profoundly in error,” contradicting both domestic law and international treaties. Mora and the other “dissident” members of the working group are led to believe that the report has been abandoned. [Savage, 2007, pp. 181] He will learn about Rumsfeld’s signature on the draft report while watching C-SPAN in mid-2004. [New Yorker, 2/27/2006; Savage, 2007, pp. 189]

Entity Tags: US Department of Defense, US Department of Justice, Alberto Mora, John C. Yoo, Office of Legal Counsel (DOJ), Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Conducting its first raid of a private home, that of Faleh Hassan, a specialist in laser equipment who was once associated with Iraq’s nuclear program, UN inspectors discover 3,000 documents containing information that some initial reports say is related to Iraq’s former nuclear weapons program. [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; Observer, 1/20/2003; International Atomic Energy Agency, 1/27/2003; New York Times, 1/28/2003] Mohamed ElBaradei, director-general of the International Atomic Energy Agency (IAEA), is bothered by the discovery, saying, “We haven’t received these original documents before and that’s precisely the point we have been emphasizing, Iraq should be pro-active. We shouldn’t have to find these on our own. Why should these documents be in a private home? Why are they not giving them to us?” [New York Times, 1/20/2003; Agence France-Presse, 1/20/2003] But Hassan denies that the documents are related to Iraq’s former nuclear weapons program. He later explains to reporters: “The inspectors put their hands on personal documents which have nothing to do with the former [nuclear] program. We did research on laser isotopic separation, and in 1988 we reached the conclusion that this technology was very difficult given our infrastructure, so the decision was taken to abandon that approach.” He adds that he is ready to go through the documents with ElBaradei, “page by page, line by line and even word by word to prove that everything they found is in alignment with what we declared in 1991.” [Associated Press, 1/18/2003; BBC, 1/19/2003] After the discovery of the documents, Hassan accompanies inspectors to a field where they inspect what appears to be a man-made mound. The field is part of a farm Hassan sold in 1996. While at the farm, a female American inspector offers to arrange a trip outside of Iraq for him and his wife, so his wife can undergo treatment for kidney stones, diabetes and high blood pressure. The Iraqi scientist is angered by the offer and later refers to the woman’s tactics as “mafia-like behavior.” Recalling the incident he will also tell reporters, “We would rather live as beggars in our country than live as kings abroad,” also saying, “Never, never will I leave my country.” [Associated Press, 1/18/2003; BBC, 1/18/2003; Observer, 1/20/2003] Hassan then goes with inspectors to a hotel in Baghdad where he spends most of the night arguing over whether he will be permitted to keep copies of the documents. [Observer, 1/20/2003] Three weeks later in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say: “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003]

Entity Tags: Faleh Hassan, Mohamed ElBaradei, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

Citing inspectors’ discovery of 12 empty “warheads” (see January 16, 2003) and documents related to a failed nuclear program’s attempt at laser enrichment of uranium (see Afternoon October 7, 2002), critics of the Bush administration’s planned invasion argue that the inspections are working and that they should continue under the terms of 1999 UN Resolution 1284. They contend that if Iraq still possesses illegal weapons that it can be peacefully and effectively disarmed by the inspections process, thus making the argument for war moot. But the Bush administration argues instead that the inspection process has demonstrated that Saddam Hussein is not willing to disarm. This debate occurs as weapons inspectors are preparing their January 27 (see January 27, 2003) update on inspections, as required by UN Resolution 1441 (see November 8, 2002). Washington is hoping that the report will demonstrate that Iraq is not cooperating, so that they can use it to justify using military force against Iraq. [Associated Press, 1/15/2003; New York Times, 1/17/2003; New York Times, 1/19/2003; International Herald Tribune, 1/20/2003] The New York Times reports that according to unnamed US officials, “[I]n spite of the wish by Mr. Blix and Dr. Mohamed ElBaradei, the chief inspector for nuclear weapons and the head of the International Atomic Energy Agency, to continue the inspections process, the United States would move quickly to force an early conclusion by the Security Council.” [New York Times, 1/19/2003]

Entity Tags: Mohamed ElBaradei, Hans Blix

Timeline Tags: Events Leading to Iraq Invasion

Sometime after Joe Turner’s presentation to IAEA scientists, US analysts collect and photograph tubes in Iraq that are “virtually identical” to the Medusa tubes made in Italy. The tubes even have a stamped logo of the rocket’s Italian manufacturer and the words, “81mm rocket.” This is reported by the Washington Post on January 24: “The quantity and specifications of the tubes—narrow, silver cylinders measuring 81 millimeters in diameter and about a meter in length—made them ill-suited to enrich uranium without extensive modification, the experts said. But they are a perfect fit for a well-documented 81mm conventional rocket program in place for two decades. Iraq imported the same aluminum tubes for rockets in the 1980s. The new tubes it tried to purchase actually bear an inscription that includes the word ‘rocket,’ according to one official who examined them.” [Washington Post, 1/24/2003; Washington Post, 8/10/2003 Sources: Unnamed US intelligence, US administration, and/or UN inspectors]

Entity Tags: Joe Turner

Timeline Tags: Events Leading to Iraq Invasion

The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]

Entity Tags: William J. Haynes, David S. Addington, Alberto Mora, John C. Yoo, Mary L. Walker, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Defense, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The US military command in Afghanistan, Combined Joint Task Force (CJTF) 180, issues a memo on interrogation techniques, which includes nudity on the list of effective interrogation methods, despite this tactic being presumably barred by Defense Secretary Rumsfeld on January 15 (see January 15, 2003) for use at Guantanamo and in Afghanistan. According to Maj. Gen. George R. Fay, who will write a detailed report on detention operations (see August 25, 2004), the document “highlighted that deprivation of clothing had not historically been included in battlefield interrogations.” However he will add, “It went on to recommend clothing removal as an effective technique that could potentially raise objections as being degrading or inhumane, but for which no specific written legal prohibition existed.” [US Department of Defense, 8/23/2004 pdf file] The document also speaks of exploiting the Arab fear of dogs. [US Department of Defense, 8/23/2004 pdf file] Rumsfeld also banned the use of dogs for interrogation purposes in his January 15 order (see January 15, 2003).

Entity Tags: Donald Rumsfeld, George R. Fay

Timeline Tags: Torture of US Captives, War in Afghanistan

Cheney’s chief of staff, I. Lewis Libby, presents the latest draft of a paper that is meant to serve as a rebuttal to Iraq’s December 7 declaration (see February 5, 2003) to Condoleezza Rice, Stephen Hadley, Paul Wolfowitz, Karl Rove, Richard Armitage, Michael Gerson, and Karen Hughes. The paper, written with the help of John Hannah, is supposed to serve as the basis for the speech Secretary of State Colin Powell will deliver to the UN Security Council on February 5 (see February 5, 2003). In his presentation, Libby says that intercepts and human intelligence reports indicate that Saddam Hussein has been attempting to conceal items. He doesn’t know what items are being hidden by the Iraqis, but he says it must be weapons of mass destruction. He also claims that Iraq has extensive ties to al-Qaeda, and cites the alleged meeting between Mohamed Atta and an Iraqi Intelligence agent (see April 8, 2001) as one example. While Armitage is disappointed with Libby’s presentation, Wolfowitz and Rove seem impressed. Karen Hughes warns Libby not to stretch the facts. [Bamford, 2004, pp. 368; Isikoff and Corn, 2006, pp. 175]

Entity Tags: Stephen J. Hadley, Richard Armitage, Paul Wolfowitz, Michael Gerson, Condoleezza Rice, Karen Hughes, Karl C. Rove, Lewis (“Scooter”) Libby

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

Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg.Al-Zarqawi’s injury report after his death in 2006. He has both legs but there is a recent fracture in one leg. [Source: Ali Haider / EPA / Corbis]On January 26, 2003, Newsweek reports that in 2002, Islamist militant leader Abu Musab al-Zarqawi “supposedly went to Baghdad, where doctors amputated his leg (injured in Afghan fighting) and replaced it with a prosthesis.” Newsweek also claims that al-Zarqawi “is supposed to be one of al-Qaeda’s top experts on chemical and biological weapons” and that he also met with “Hezbollah militants” and “Iranian secret agents.” This new account builds on previous reports claiming that al-Zarqawi was in Baghdad for some unspecified medical treatment (see October 2, 2002). The article does note, “Not surprisingly, reports putting al-Zarqawi in Iraq piqued the interest of Pentagon hard-liners eager to find evidence to support their suspicion that Saddam [Hussein] and bin Laden are allied and may have plotted 9/11 together. But neither the CIA nor Britain’s legendary MI6 put much stock in al-Zarqawi’s alleged Iraqi visits, stressing such reports are ‘unconfirmed.’” [Newsweek, 1/26/2003] Despite these caveats, it soon will be widely reported that al-Zarqawi had a leg amputated in Baghdad, with at least the tacit knowledge of the Iraqi government. For instance, several days later, USA Today reports, “To those who operate with and against the shadowy al-Zarqawi, including the Kurds of northern Iraq, he is called ‘the man with the limp.’ That is a reference to a poorly fitting artificial limb that replaced a leg amputated in Baghdad last August.” [USA Today, 2/5/2003] And Secretary of State Colin Powell will claim in his February 5, 2003 presentation to the United Nations that al-Zarqawi went to Baghdad in May 2002 for medical treatment and stayed two months (see February 5, 2003). But in October 2004, Knight Ridder will report, based on a new CIA report (see October 4, 2004), “Al-Zarqawi originally was reported to have had a leg amputated, a claim that officials now acknowledge was incorrect.” [Knight Ridder, 10/4/2004] In early 2006, al-Zarqawi will be seen walking in a videotape, clearly in possession of both his legs. And when he is killed later that year, x-rays of his dead body will show a fracture of his right lower leg, but apparently that was caused by the blast that killed him. [Atlantic Monthly, 6/8/2006; Associated Press, 6/13/2006]

Entity Tags: Abu Musab al-Zarqawi, Colin Powell

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

The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. [Associated Press, 1/27/2003] Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). [Associated Press, 1/27/2003] A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” [United Press International, 2/6/2003]

Entity Tags: Philip Zelikow, 9/11 Commission, Bush administration (43), Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Retired General Norman Schwarzkopf, the commander of US forces during the 1991 Gulf War (see January 16, 1991 and After), says he is worried about the “cockiness” of the US war plans for Iraq. Schwarzkopf has already warned that the US must forge broader multinational alliances if it plans to invade and occupy Iraq with any reasonable expectation of success (see August 18, 2002). He adds that his active-duty friends are preoccupied by “the Rumsfeld thing,” the perception that Defense Secretary Donald Rumsfeld has little regard for their judgment. [Roberts, 2008, pp. 141]

Entity Tags: Norman Schwarzkopf, Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion

Iraqi bomb allegedly containing botulism toxin.Iraqi bomb allegedly containing botulism toxin. [Source: CIA]President Bush gives his State of the Union address to a joint session of Congress, making several false allegations about Iraq. [US President, 2/3/2003] An empty seat is left open to symbolize the lives lost during the 9/11 attacks. Author Craig Unger will later characterize Bush’s delivery as somber and effective. He will be interrupted some 70 times by thunderous applause from the assembled lawmakers in the House chambers. One of his biggest applause lines is his statement about the US’s war on “international terrorism:” “The war goes on, and we are winning.” [Unger, 2007, pp. 269-270]
African Uranium - He says: “The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa. Saddam Hussein has not credibly explained these activities.… He clearly has much to hide.” [US President, 2/3/2003; White House, 4/18/2003; Independent, 6/5/2003] The British allegation cited by Bush concerns a SISMI (Italy’s military intelligence) report (see Mid-October 2001) based on a set of forged documents. Months after the speech, with evidence mounting that the statement was completely false, the administration will retract this claim (see 3:09 p.m. July 11, 2003).
Aluminum Tubes - Bush alleges that a shipment of aluminum tubes imported by Iraq was intended to be used in the country’s alleged nuclear weapons program. “Our intelligence sources tell us that he has attempted to purchase high-strength aluminum tubes suitable for nuclear weapons production. Saddam Hussein has not credibly explained these activities. He clearly has much to hide.” [US President, 2/3/2003]
Biological Agents - Bush lists a parade of agents: “anthrax, botulinum toxin, Ebola, and plague,” many of which Iraq has never been accused of possessing, and warns against “outlaw regimes that seek and possess nuclear, chemical, and builogical weapons… blackmail, terror, and mass murder.” He then moves from the general to the specific, accusing Iraq of having enough material “to produce over 25,000 liters of anthrax—enough doses to kill several million people… more than 38,000 liters of botulinum toxin—enough to subject millions of people to death by respiratory failure… as much as 500 tons of sarin, mustard and VX nerve agent.” [US President, 2/3/2003; Unger, 2007, pp. 270-271]
False Testimony from Iraqi Scientists - Bush alleges: “Iraqi intelligence officers are posing as the scientists inspectors are supposed to interview. Real scientists have been coached by Iraqi officials on what to say.” [US President, 2/3/2003] But Hans Blix, the chief UNMOVIC weapons inspector, tells the New York Times in an interview that he knows of no evidence supporting this claim. [New York Times, 1/31/2003]
Defector Allegations - Bush, citing intelligence provided by “three Iraqi defectors,” says, “We know that Iraq, in the late 1990s, had several mobile weapons labs… designed to produce germ warfare agents and can be moved from place to a place to evade inspectors.” One of the defectors referred to by Bush is ‘Curveball,’ whom the CIA station chief in Germany warned was not reliable the day before (see January 27, 2003). German intelligence officials watching Bush’s speech are “shocked.” One official later recalls: “Mein Gott! We had always told them it was not proven.… It was not hard intelligence.” [Los Angeles Times, 11/20/2005] Another source for the claim was Mohammad Harith, whom the Defense Intelligence Agency had labeled a “fabricator” the previous May (see May 2002).
Torture, Murder, and 9/11 - Bush accuses Iraqi dictator Saddam Hussein of routinely torturing his own people, using such techniques as “electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape.” He then connects Hussein, the torturer, murderer, and terrorist supporter, to the 9/11 attacks, saying: “[I]magine those 19 hijackers with other weapons and other plans—this time armed by Saddam Hussein. It would take one vial, one canister, one crate slipped into this country to bring a day of horror like none we have ever known.” He invites “all free nations” to join him in ensuring no such attack ever happens, but notes that “the course of this nation does not depend on the decisions of others.” After another long burst of applause, Bush continues, “Whatever action is required, whatever action is necessary, I will defend the freedom and security of the American people.” [Unger, 2007, pp. 270-271]
'Direct Personal Threat' - Bush states what former ambassador Joseph Wilson later writes can only be interpreted by Hussein “as a direct personal threat,” saying: “Tonight I have a message for the brave and oppressed people of Iraq: Your enemy is not surrounding your country, your enemy is ruling your country. And the day he and his regime are removed from power will be the day of your liberation.” Wilson will later write: “Not simply promising the disarmament of Iraq as he had in his recent speeches, the president now stated outright his intention to rout Saddam from power, and to kill or capture him. It was an unwise thing to say. It made whatever strategy we adopted for Iraq that much more dangerous because it so blatantly telegraphed our next move and our ultimate goal.” [US President, 2/3/2003; Wilson, 2004, pp. 315]
Defending America - To America’s soldiers, he says: “Many of you are assembling in or near the Middle East, and some crucial hours lay ahead. In these hours, the success of our cause will depend on you. Your training has prepared you. Your honor will guide you. You believe in America, and America believes in you.” In 2007, Unger will write: “A few years earlier, Bush had confided that he thought to be a great president meant being a great commander in chief. Now George W. Bush was leading his nation into war.” [Unger, 2007, pp. 270-271]

Entity Tags: Hans Blix, George W. Bush, Joseph C. Wilson, ’Curveball’, Saddam Hussein, Craig Unger, Mohammad Harith

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

US Secretary of State Colin Powell reluctantly accepts the task of making the administration’s case for war to the United Nations Security Council. He assigns his close friend and chief of staff Larry Wilkerson to go to the CIA and put together a team to craft a presentation. Though Powell has long harbored deep misgivings about the war, in public he has consistently and staunchly promoted the war, even when it came to repeating claims he knew to be false (see January 23, 2008). Powell also gives Wilkerson a 48-page report from the White House on Iraq’s alleged arsenal of banned weapons. The report is meant to serve as the basis for Powell’s upcoming speech to the UN (see February 5, 2003). Powell, skeptical of the report’s data, instructs Wilkerson to have it looked over by the CIA. The dossier was written primarily by two senior aides to Vice President Cheney, John Hannah and I. Lewis Libby (see January 25, 2003). [Bamford, 2004, pp. 368; Vanity Fair, 5/2004, pp. 281; Unger, 2007, pp. 275] The analysts at CIA will quickly determine that the documents are based on unreliable sources (see January 30-February 4, 2003). Speculation is already rampant throughout the State Department and among well-informed observers as to why Powell became such a reliable spokesman for the administration’s war plans. A State Department official will echo the opinion of others in saying that Powell is “completely aware of the machinations going on,” but wants to avoid any sort of public dispute among top White House officials—and Powell wants to keep relations with Vice President Dick Cheney on an even keel. Author Craig Unger will later note, “Regardless of what he really believed, Powell ultimately accommodated the White House to such an extent that he became the most articulate spokesman for the war effort” (see January 26, 2003). [Unger, 2007, pp. 275]

Entity Tags: Lawrence Wilkerson, US Department of State, Colin Powell, Craig Unger, Central Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

Colin Powell’s chief of staff, Larry Wilkerson, meets with other administration officials and aides at the CIA’s Langley headquarters in a conference room down the hall from George Tenet’s office to review two White House reports on Iraq’s alleged illegal activities. The team includes George Tenet, John McLaughlin, William Tobey and Robert Joseph from the National Security Council, and John Hannah from Vice President Cheney’s office. (Tenet had intended to leave for a Middle East junket, but Powell stopped him from going, insisting on his input and participation.) The two dossiers are meant to serve as the basis for Powell’s upcoming speech at the UN (see February 5, 2003). One of the reports—a 48-page dossier that had been provided to Powell’s office a few days earlier (see January 29, 2003)—deals with Iraq’s supposed arsenal of weapons of mass destruction while the other, a slightly more recent report totaling some 45 pages, addresses the issue of Iraq’s history of human rights violations and its alleged ties to Islamic militant groups. Shortly after Wilkerson begins reviewing the 48-page report on Iraq’s alleged WMD, it becomes apparent that the material is not well sourced. [Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276]
Dossiers Contain Large Amounts of White House Misinformation - Wilkerson has been given three dossiers: about 90 pages of material on Iraq’s WMD, on its sponsorship of terrorism, and on its violation of human rights. Wilkerson is not well informed about the variety of machinations surrounding the WMD issue, but it doesn’t take him long to realize there is a problem. The CIA has an array of analysts with decades of experience studying Iraq’s weapons programs, rigorous peer review procedures to prevent unreliable intelligence from making it into the final assessments, and a large budget devoted to Middle East intelligence. But the CIA had not produced Wilkerson’s dossiers. They had been prepared by Libby, Cheney’s chief of staff. Wilkerson is taken aback by such a breach of procedure, especially on such a critically important matter of state. Former NSC counterterrorism chief Richard Clarke later says, “It’s very strange for the Vice President’s senior adviser to be… saying to the Secretary of State, ‘This is what you should be saying.’” As Wilkerson goes through the material, he realizes, in Unger’s words, “just how aggressively Cheney and his men have stacked the deck.” Wilkerson first reads the 48-page WMD dossier, and is not impressed. “It was anything but an intelligence document,” he later says. “It was, as some people characterized it later, sort of a Chinese menu from which you could pick and choose.”
Cherry-Picked Intel - Wilkerson will continue, “When we had a question, which was virtually every line, John Hannah from the vice president’s office would consult a huge clipboard he had.” Hannah, a former official of the pro-Israel Washington Institute for Near East Policy, had coauthored the dossier with Libby. He had also worked closely with Libby in the White House Iraq Group (see August 2002). Hannah cites the source of each questionable datum Wilkerson asks about, and Wilkerson and his team set about tracking down the original sources of each item. They spend hours poring over satellite photos, intercepts of Iraqi military communications, and various foreign intelligence reports. Wilkerson and his team find that in almost every instance, the original sources do not support the conclusions drawn in the dossier. “Once we read the entirety of those documents,” he will recall, “we’d find that the context was not quite what the cherry-picked item imparted.” Wilkerson believes that much of the dossier’s intelligence comes from Ahmed Chalabi and the Iraqi National Congress (see 1992-1996), a belief given credence by the fact that Hannah had served as the chief liaison between the INC and Cheney’s office. As Wilkerson will later recall, “It was clear the thing was put together by cherry-picking everything from the New York Times to the DIA.” Reporters Michael Isikoff and David Corn will later write that “a Defense Intelligence Agency report was not being used properly, a CIA report was not being cited in a fair way, a referenced New York Times article was quoting a DIA report out of context,” and will confirm that much of the material had come from the Iraqi National Congress. [US News and World Report, 6/9/2003; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276-278]
Incomprehensible 'Genealogy' - According to Wilkerson, Feith’s office had strung together an incomprehensible “genealogy.” “It was like the Bible,” Wilkerson later recalls. “It was the Old Testament. It was ‘Joe met Bob met Frank met Bill met Ted met Jane in Khartoum and therefore we assume that Bob knew Ralph.’ It was incredible.” [Isikoff and Corn, 2006, pp. 180-181]
Link to Office of Special Plans? - Powell’s staff is also “convinced that much of it had been funneled directly to Cheney by a tiny separate intelligence unit set up by Defense Secretary Donald Rumsfeld” (see Summer 2002 and September 2002), Vanity Fair magazine later reports. [Vanity Fair, 5/2004, pp. 230]
Cheney's Aides Attempt to Reinsert Deleted Material - Soon Wilkerson’s team faces the same difficulties with the dossier on Iraq’s connections to Islamist terrorism that it faced with the White House-prepared dossier on Iraq’s WMD (see January 30-February 4, 2003). Tenet has tried manfully to give the administration what it so desperately wants—proof of Iraq’s connections to the 9/11 attacks. The CIA’s unit on Osama bin Laden had gone through 75,000 pages of documents and found no evidence of any such connections. Vice President Cheney and his staffers have always insisted that such a connection does indeed exist. Their strongest claim to that effect is the supposed meeting between 9/11 hijacker Mohamed Atta and an Iraqi intelligence agent in April 2000 (see September 14, 2001). This claim has long been discredited (see September 18, 2001), but Cheney’s people keep attempting to bring it back into play (see February 1, 2003-February 4, 2003). [US News and World Report, 6/9/2003; Bamford, 2004, pp. 370-1; Vanity Fair, 5/2004, pp. 230; Unger, 2007, pp. 276-278]
Information about Australian Software Erroneous - One item in the White House’s original draft alleged that Iraq had obtained software from an Australian company that would provide Iraqis with sensitive information about US topography. The argument was that Iraqis, using that knowledge, could one day attack the US with biological or chemical weapons deployed from unmanned aerial vehicles (UAVs). But when Powell’s intelligence team investigated the issue, it became “clear that the information was not ironclad” (see October 1, 2002). [US News and World Report, 6/9/2003]
'Idiocy' - “We were so appalled at what had arrived from the White House,” one official later says. [Vanity Fair, 5/2004, pp. 230] As another senior official (likely Wilkerson) will later recall, “We went through that for about six hours—item by item, page by page and about halfway through the day I realized this is idiocy, we cannot possibly do this, because it was all bullsh_t—it was unsourced, a lot of it was just out of the newspapers, it was—and I look back in retrospect—it was a [Undersecretary of Defense for Policy Douglas] Feith product, it was a Scooter Libby product, it was a Vice President’s office product. It was a product of collusion between that group. And it had no way of standing up, anywhere, I mean it was nuts.” [Bamford, 2004, pp. 368-9]
Starting from Scratch - After several hours, Wilkerson and Tenet are both so fed up that they decide to scrap the WMD dossier entirely. “Let’s go back to the NIE,” Tenet suggests, referring to the recently released National Intelligence Estimate on Iraq (see October 1, 2002). Wilkerson is not aware of how badly the NIE had been, in author Craig Unger’s words, “tampered with,” but Powell should have known, as his own intelligence bureau in the State Department had disputed key elements of the NIE. [Bamford, 2004, pp. 368-9; Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177-178; Unger, 2007, pp. 276-278]

Entity Tags: Richard (“Dick”) Cheney, Office of the Vice President, National Security Council, Richard A. Clarke, White House Iraq Group, Washington Institute for Near East Policy, Robert G. Joseph, William H. Tobey, Lawrence Wilkerson, John Hannah, Michael Isikoff, Iraqi National Congress, Colin Powell, Central Intelligence Agency, Ahmed Chalabi, Craig Unger, David Corn, Donald Rumsfeld, John E. McLaughlin, George J. Tenet, Douglas Feith

Timeline Tags: Events Leading to Iraq Invasion

Larry Wilkerson.Larry Wilkerson. [Source: CBS News]Secretary of State Colin Powell, preparing for his critically important presentation to the United Nations that will assert the reality of Saddam Hussein’s weapons of mass destruction (see February 5, 2003), sends his chief of staff, Larry Wilkerson, to the CIA to prepare for the presentation. CIA Director George Tenet and his experts regale Wilkerson with the information about mobile bioweapons labs provided by the Iraqi defector Curveball (see November 1999). In 2007, Wilkerson will recall, “They presented it in a very dynamic, dramatic, ‘we know this is accurate,’ way.” Curveball’s assertion that he is a firsthand witness is very important, Wilkerson will say. “This was a man who had actually been in the belly of the beast. He had been in the lab. He had been there when an accident occurred. He’d seen people killed. And the implication was, strong implication, that they weren’t killed because of the accident in the explosion, they were killed because they were contaminated. Yes, the source was very credible. As it was presented by the CIA.” Wilkerson later says that both he and Powell accept the claims because they depend on the intelligence community for good information: “And you depend on the director of central intelligence to assimilate all the intelligence community’s input and give it to you.” Wilkerson feels the section on mobile bioweapons is the strongest part of the presentation, as does Powell. Others at the CIA are not so convinced of Curveball’s truthfulness (see September 2002, January 27, 2003, and December 2002). [CBS News, 11/4/2007]

Entity Tags: Saddam Hussein, Central Intelligence Agency, Colin Powell, ’Curveball’, United Nations, George J. Tenet, Lawrence Wilkerson

Timeline Tags: Events Leading to Iraq Invasion

Jane Harman.Jane Harman. [Source: US House of Representatives]CIA General Counsel Scott Muller briefs a small group of legislators on the CIA’s detainee interrogation program, and indicates that it has made videotapes of the interrogations. Muller says that the CIA is now thinking about destroying the tapes, because they put the officers shown on them at risk. Although four to eight legislators have already been briefed about the program (see September 2002), this is apparently the first mention that videotapes of interrogations have been made. [New York Times, 12/8/2007] According to House Intelligence Committee member Jane Harman (D-CA), the briefing raises “a number of serious concerns.” [The Gavel, 12/9/2007] Both Harman and another of those present, Porter Goss (R-FL), advise the CIA that they think destroying the tapes is a bad idea (see November 2005). Harman is apparently supported by fellow Democrat Nancy Pelosi, who is said to “concur” with Harman’s objections to the tapes’ destruction. [International Herald Tribune, 12/8/2007] Harman writes a follow-up letter to Muller asking about legal opinions on interrogation techniques and urging the CIA to reconsider its decision to destroy the tapes (see February 28, 2003).

Entity Tags: Scott Muller, House Intelligence Committee, Senate Intelligence Committee, Central Intelligence Agency, Jane Harman, Porter J. Goss

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The State Department’s Bureau of Intelligence and Research (INR) finds seven more items (see January 31, 2003) in the latest draft of Secretary of State Colin Powell’s upcoming presentation to the UN Security Council (see February 5, 2003) that it terms as unreliable or unverifiable. Three are removed, four stay. [Unger, 2007, pp. 281]

Entity Tags: US Department of State, Bureau of Intelligence and Research, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

The Independent reports on February 3 that according to security sources in London, Colin Powell will attempt to link Iraq to al-Qaeda in his February 5 presentation to the UN. But the sources say that intelligence analysts in both Washington and London do not believe such links exist. [Independent, 2/3/2003 Sources: Unnamed British intelligence sources] This is followed by a report the next day in the London Telegraph, reporting that the Bush administration’s insistence of a link between al-Zarqawi, Ansar al-Islam, and Saddam Hussein “has infuriated many within the United States intelligence community.” The report cites one unnamed US intelligence source who says, “The intelligence is practically non-existent,” and explains that the claim is largely based on information provided by Kurdish groups, which are enemies of Ansar al-Islam. “It is impossible to support the bald conclusions being made by the White House and the Pentagon given the poor quantity and quality of the intelligence available. There is uproar within the intelligence community on all of these points, but the Bush White House has quashed dissent.” [Daily Telegraph, 2/4/2003 Sources: Unnamed US and British intelligence sources] The Telegraph predicts that “if Mr. Powell tries to prove the link between Iraq and al-Qaeda, the whole thing could fall apart,” explaining that the veto-wielding Security Council members, “France, Russia, and China… all have powerful intelligence services and their own material on al-Qaeda and they will know better than to accept the flimsy evidence of a spurious link with Baghdad.” [Daily Telegraph, 2/4/2003]

Entity Tags: Abu Musab al-Zarqawi, Colin Powell, Saddam Hussein

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

Deputy Secretary of State Richard Armitage tells Congress that the Bush administration will engage in diplomatic negotiations with North Korea over its nuclear ambitions (see Mid-January 2003). “Of course we’re going to have direct talks with the North Koreans,” he says, the only question is when and how. President Bush repudiates Armitage’s statement, reportedly becoming so furious that he bans his staff from discussing the entire subject of bilateral talks in public. The administration’s policy continues to be a direct refusal to talk to North Korea. Its explanation: the Clinton administration had negotiated the Agreed Framework with the North Koreans (see October 21, 1994), and that agreement had failed. The Framework had actually been negotiated through the efforts of South Korea and Japan along with the US, and for almost nine years has succeeded in stopping North Korea’s plutonium weapons program from developing, the entire point of the agreement (see December 12, 2002). However, a North Korean uranium bomb project is progressing (see June 2002). In 2008, author J. Peter Scoblic will write: “[T]he administration’s disinclination to engage in bilateral talks seemed more morally than tactically motivated. Conservatives within the administration had realized that, while they could not stop any and all talks with the North, they could prevent bilateral talks and, just as important, they could restrict the latitude given to American negotiators—again, much as [neoconservative defense official Richard] Perle had done during the Reagan administration (see September 1981 through November 1983 and October 11-12, 1986)—so that little or no progress would be made.” [Scoblic, 2008, pp. 240]

Entity Tags: Clinton administration, Bush administration (43), Richard Armitage, Richard Perle, Reagan administration, J. Peter Scoblic

Timeline Tags: US International Relations

Around midnight, CIA Director George Tenet calls CIA official Tyler Drumheller at home and asks for the phone number of Richard Dearlove, the British intelligence chief. Tenet wants to get Dearlove’s approval to use British intelligence in Secretary of State Colin Powell’s speech to the UN (see February 5, 2003). Drumheller takes the opportunity to remind Tenet that the source for the alleged mobile labs, Curveball, is not reliable. “Hey, boss, you’re not going to use that stuff in the speech… ? There are real problems with that,” Drumheller asks. Tenet, distracted and tired, tells him not to worry. [Isikoff and Corn, 2006, pp. 184; Washington Post, 6/25/2006] Tenet will later deny having such a conversation with Drumheller, writing: “I remember no such midnight call or warning.… Drumheller had dozens of opportunities before and after the Powell speech to raise the alarm with me [about Curveball], yet he failed to do so.” [Unger, 2007, pp. 283]

Entity Tags: George J. Tenet, Richard Dearlove, Tyler Drumheller

Timeline Tags: Events Leading to Iraq Invasion

Jay Bybee, the head of the Office of Legal Counsel (OLC) and the signatory on a number of memos authorizing torture and expanded presidential powers (see March 13, 2002 and August 1, 2002), is confirmed by the Senate to become a federal appeals court judge. The Senate Judiciary Committee scheduled Bybee’s confirmation hearing for the same day that Secretary of State Colin Powell was slated to give his presentation to the UN on Iraq’s weapons of mass destruction (see February 5, 2003); most of the committee’s Democrats choose to watch Powell’s presentation, thus only friendly Republican Senators are in the hearing. Bybee is confirmed easily. [Savage, 2007, pp. 182]

Entity Tags: Senate Judiciary Committee, Jay S. Bybee, Colin Powell, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Colin Powell and George Tenet, at the UN presentation.Colin Powell and George Tenet, at the UN presentation. [Source: CBS News]US Secretary of State Colin Powell presents the Bush administration’s case against Saddam to the UN Security Council, in advance of an expected vote on a second resolution that the US and Britain hope will provide the justification to use military force against Iraq. [US Department of State, 2/5/2003] At the insistence of Powell, CIA Director George Tenet is seated directly behind him to the right. “It was theater, a device to signal to the world that Powell was relying on the CIA to make his case that Iraq had weapons of mass destruction,” Vanity Fair magazine will later explain. [Bamford, 2004, pp. 371-2; Vanity Fair, 5/2004, pp. 232] In his speech before the Council, Powell makes the case that Iraq is in further material breach of past UN resolutions, specifically the most recent one, UN Resolution 1441 (see November 8, 2002). Sources cited in Powell’s presentation include defectors, informants, communication intercepts, procurement records, photographs, and detainees. [US Department of State, 2/5/2003] Most of the allegations made by Powell are later demonstrated to be false. “The defectors and other sources went unidentified,” the Associated Press will later report. “The audiotapes were uncorroborated, as were the photo interpretations. No other supporting documents were presented. Little was independently verifiable.” [Associated Press, 8/9/2003]
Iraq's December 7 Declaration Was Inaccurate - Powell contends that Iraq’s December 7 declaration was not complete. According to UN Resolution 1441 the document was supposed to be a “currently accurate, full and complete declaration of all aspects” of its programs to develop weapons of mass destruction. But Saddam has not done this, says Powell, who explains that Iraq has yet to provide sufficient evidence that it destroyed its previously declared stock of 8,500 liters of anthrax, as it claimed in the declaration. Furthermore, notes the secretary of state, UNSCOM inspectors had previously estimated that Iraq possessed the raw materials to produce as much as 25,000 liters of the virus. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003]
Iraq Has Ties to Al-Qaeda - Powell repeats earlier claims that Saddam Hussein’s government has ties to al-Qaeda. Powell focuses on the cases of the militant Islamic group Ansar-al-Islam and Abu Musab Zarqawi, a Jordanian-born Palestinian, who had received medical treatment in Baghdad during the summer of 2002 (see December 2001-Mid-2002). [US Department of State, 2/5/2003] However, just days before Powell’s speech, US and British intelligence officials—speaking on condition of anonymity—told the press that the administration’s allegations of Iraqi-al-Qaeda ties were based on information provided by Kurdish groups, who, as enemies of Ansar-al-Islam, should not be considered reliable. Furthermore, these sources unequivocally stated that intelligence analysts on both sides of the Atlantic remained unconvinced of the purported links between Iraq and al-Qaeda (see February 3-4, 2003). [Independent, 2/3/2003; Daily Telegraph, 2/4/2003] Powell also claims that Iraq provided “chemical or biological weapons training for two al-Qaeda associates beginning in December 2000.” The claim is based on a September 2002 CIA document which had warned that its sources were of “varying reliability” and that the claim was not substantiated (see September 2002). The report’s main source, Ibn al-Shaykh al-Libi, an al-Qaeda operative who offered the information to CIA interrogators while in custody, later recounts the claim (see February 14, 2004). [CNN, 9/26/2002; New York Times, 7/31/2004; Newsweek, 7/5/2005] Larry Wilkerson, Powell’s chief of staff, will later say that neither he nor Powell ever received “any dissent with respect to those lines… indeed the entire section that now we know came from [al-Libi].” [Newsweek, 11/10/2005] Senior US officials will admit to the New York Times and Washington Post after the presentation that the administration was not claiming that Saddam Hussein is “exercising operational control” of al-Qaeda. [New York Times, 2/6/2003; Washington Post, 2/7/2003]
Iraq Has Missiles Capable of Flying Up to 1,200 Kilometers - Describing a photo of the al-Rafah weapons site, Powell says: “As part of this effort, another little piece of evidence, Iraq has built an engine test stand that is larger than anything it has ever had. Notice the dramatic difference in size between the test stand on the left, the old one, and the new one on the right. Note the large exhaust vent. This is where the flame from the engine comes out. The exhaust vent on the right test stand is five times longer than the one on the left. The one of the left is used for short-range missiles. The one on the right is clearly intended for long-range missiles that can fly 1,200 kilometers. This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” [US Department of State, 2/5/2003; New York Times, 2/5/2003] But according to the Associated Press, “… UN missile experts have reported inspecting al-Rafah at least five times since inspections resumed Nov. 27, have studied the specifications of the new test stand, regularly monitor tests at the installation, and thus far have reported no concerns.” [Associated Press, 2/7/2003] Similarly, Reuters quotes Ali Jassem, an Iraqi official, who explains that the large stand referred to in Powell’s speech is not yet in operation and that its larger size is due to the fact that it will be testing engines horizontally. [Reuters, 2/7/2003; Guardian, 2/15/2003] Several days later, Blix will report to the UN that “so far, the test stand has not been associated with a proscribed activity.” [Guardian, 2/15/2003]
Iraqis Attempted to Hide Evidence from Inspectors - Powell shows the UN Security Council satellite shots depicting what he claims are chemical weapons bunkers and convoys of Iraqi cargo trucks preparing to transport ballistic missile components from a weapons site just two days before the arrival of inspectors. “We saw this kind of housecleaning at close to 30 sites,” Powell explains. “We must ask ourselves: Why would Iraq suddenly move equipment of this nature before inspections if they were anxious to demonstrate what they had or did not have?” [US Department of State, 2/5/2003] But the photos are interpreted differently by others. An unnamed UN official and German UN Inspector Peter Franck both say the trucks in the photos are actually fire engines. [Mercury News (San Jose), 3/18/2003; Agence France-Presse, 6/6/2003]
'Literally Removed the Crust of the Earth' - Another series of photos—taken during the spring and summer of 2002—show that Iraqis have removed a layer of topsoil from the al-Musayyib chemical complex. This piece of evidence, combined with information provided by an unnamed source, leads Powell to draw the following conclusion: “The Iraqis literally removed the crust of the earth from large portions of this site in order to conceal chemical weapons evidence that would be there from years of chemical weapons activity.” [US Department of State, 2/5/2003; Washington Post, 2/6/2003] Showing another series of pictures—one taken on November 10 (before inspections) and one taken on December 22—Powell says that a guard station and decontamination truck were removed prior to the arrival of inspectors. Powell does not explain how he knows that the truck in the photograph was a decontamination truck. [US Department of State, 2/5/2003; Washington Post, 2/6/2003; Washington Post, 2/6/2003] AP reporter Charles Hanley says that some of Powell’s claims that Iraq is hiding evidence are “ridiculous.” Powell says of a missile site, “This photograph was taken in April of 2002. Since then, the test stand has been finished and a roof has been put over it so it will be harder for satellites to see what’s going on underneath the test stand.” Hanley later says, “What he neglected to mention was that the inspectors were underneath, watching what was going on.” [PBS, 4/25/2007]
Communication Intercepts Demonstrate Iraqi Attempts to Conceal Information from Inspectors - Powell plays recordings of three conversations intercepted by US intelligence—one on November 26, another on January 30, and a third, a “few weeks” before. The conversations suggest that the Iraqis were attempting to hide evidence from inspectors. [New York Times, 2/5/2003; US Department of State, 2/5/2003; London Times, 2/6/2003; Sydney Morning Herald, 2/7/2003] Senior administration officials concede to the Washington Post that it was not known “what military items were discussed in the intercepts.” [Washington Post, 2/13/2003] Some critics argue that the intercepts were presented out of context and open to interpretation. [Sydney Morning Herald, 2/7/2003; Sydney Morning Herald, 2/9/2003] Others note that the conversations were translated from Arabic by US translators and were not analyzed or verified by an independent specialist. [Newsday, 2/6/2003]
Biological Weapons Factories - Colin Powell says that US intelligence has “firsthand descriptions” that Iraq has 18 mobile biological weapons factories mounted on trucks and railroad cars. Information about the mobile weapons labs are based on the testimonies of four sources—a defected Iraqi chemical engineer who claims to have supervised one of these facilities, an Iraqi civil engineer (see December 20, 2001), a source in “a position to know,” and a defected Iraqi major (see February 11, 2002). Powell says that the mobile units are capable of producing enough dry biological agent in a single month to kill several thousand people. He shows computer-generated diagrams and pictures based on the sources’ descriptions of the facilities. Powell says that according to the chemical engineer, during the late 1990s, Iraq’s biological weapons scientists would often begin the production of pathogens on Thursday nights and complete the process on Fridays in order to evade UNSCOM inspectors whom Iraq believed would not conduct inspections on the Muslim holy day. [New York Times, 2/5/2003; US Department of State, 2/5/2003; Washington Post, 2/6/2003; Reuters, 2/11/2003] Powell tells the delegates, “The source was an eyewitness, an Iraqi chemical engineer, who supervised one of these facilities. He actually was present during biological agent production runs. He was also at the site when an accident occurred in 1998. Twelve technicians died from exposure to biological agents.” He displays models of the mobile trucks drawn from the source’s statements. [CBS News, 11/4/2007] Responding to the allegation, Iraqi officials will concede that they do in fact have mobile labs, but insist that they are not used for the development of weapons. According to the Iraqis, the mobile labs are used for food analysis for disease outbreaks, mobile field hospitals, a military field bakery, food and medicine refrigeration trucks, a mobile military morgue and mobile ice making trucks. [Guardian, 2/5/2003; ABC News, 5/21/2003] Iraq’s explanation is consistent with earlier assessments of the UN weapons inspectors. Before Powell’s presentation, Hans Blix had dismissed suggestions that the Iraqis were using mobile biological weapons labs, reporting that inspections of two alleged mobile labs had turned up nothing. “Two food-testing trucks have been inspected and nothing has been found,” Blix said. And Ewen Buchanan, spokesman for the UN Monitoring, Verification and Inspection Commission, said, “The outline and characteristics of these trucks that we inspected were all consistent with the declared purposes.” [Guardian, 2/5/2003; ABC News, 5/21/2003]
'Curveball' Primary Source of Claims - Powell’s case is further damaged when it is later learned that one of the sources Powell cited, the Iraqi major, had been earlier judged unreliable by intelligence agents at the Defense Intelligence Agency (see February 11, 2002). In May 2002, the analysts had issued a “fabricator notice” on the informant, noting that he had been “coached by [the] Iraqi National Congress” (INC) (see May 2002). But the main source for the claim had been an Iraqi defector known as “Curveball,” who was initially believed to be the brother of a top aide to Ahmed Chalabi. The source claimed to be a chemical engineer who had helped design and build the mobile labs. His information was passed to Washington through Germany’s intelligence service, the Bundesnachrichtendienst (BND), which had been introduced to the source by the INC. In passing along the information, the BND noted that there were “various problems with the source.” And only one member of the US intelligence community had actually met with the person—an unnamed Pentagon analyst who determined the man was an alcoholic and of dubious reliability. Yet both the DIA and the CIA validated the information. [Veteran Intelligence Professionals for Sanity, 8/22/2003; Los Angeles Times, 3/28/2004; Knight Ridder, 4/4/2004; Newsweek, 4/19/2004; Newsweek, 7/19/2004] Powell says that the US has three other intelligence sources besides Curveball for the mobile bioweapons labs. Powell will be infuriated to learn that none of those three sources ever corroborated Curveball’s story, and sometimes their information contradicted each other. One of the three had failed a polygraph test and was determined to have lied to his debriefers. Another had already been declared a fabricator by US intelligence community, and had been proven to have mined his information off the Internet. [Buzzflash (.com), 11/27/2007] In November 2007, Curveball is identified as Rafid Ahmed Alwan. Serious questions about Curveball’s veracity had already been raised by the time of Powell’s UN presentation. He will later be completely discredited (see November 4, 2007).
Further Problems with Mobile Lab Claims - In addition to the inspectors’ assessments and the dubious nature of the sources Powell cited, there are numerous other problems with the mobile factories claim. Raymond Zilinskas, a microbiologist and former UN weapons inspector, argues that significant amounts of pathogens such as anthrax, could not be produced in the short span of time suggested in Powell’s speech. “You normally would require 36 to 48 hours just to do the fermentation…. The short processing time seems suspicious to me.” He also says: “The only reason you would have mobile labs is to avoid inspectors, because everything about them is difficult. We know it is possible to build them—the United States developed mobile production plants, including one designed for an airplane—but it’s a big hassle. That’s why this strikes me as a bit far-fetched.” [Washington Post, 2/6/2003] After Powell’s speech, Blix will say in his March 7 report to the UN that his inspectors found no evidence of mobile weapons labs (see March 7, 2003). [CNN, 3/7/2003; Agence France-Presse, 3/7/2003; CNN, 3/7/2003] Reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, says in 2007, “[B]y the time Colin Powell goes to the UN to make the case for war, he shows the world artists’ conjectures based on analysts’ interpretations and extrapolations of Arabic-to-German-to-English translations of summary debriefing reports of interviews with a manic-depressive defector whom the Americans had never met. [CIA director George] Tenet told Powell that Curveball’s information was ironclad and unassailable. It was a travesty.” [Alternet, 10/22/2007]
'Four Tons' of VX Toxin - Powell also claims that Iraq has “four tons” of VX nerve toxin. “A single drop of VX on the skin will kill in minutes,” he says. “Four tons.” Hanley later notes, “He didn’t point out that most of that had already been destroyed. And, on point after point he failed to point out that these facilities about which he was raising such alarm were under repeated inspections good, expert people with very good equipment, and who were leaving behind cameras and other monitoring equipment to keep us a continuing eye on it.” [PBS, 4/25/2007]
Iraq is Developing Unmanned Drones Capable of Delivering Weapons of Mass Destruction - Powell asserts that Iraq has flight-tested an unmanned drone capable of flying up to 310 miles and is working on a liquid-fueled ballistic missile with a range of 745 miles. He plays a video of an Iraqi F-1 Mirage jet dispersing “simulated anthrax.” [US Department of State, 2/5/2003; New York Times, 2/5/2003; Washington Post, 2/6/2003] But the Associated Press will later report that the video was made prior to the 1991 Gulf War. Apparently, three of the four spray tanks shown in the film had been destroyed during the 1991 military intervention. [Associated Press, 8/9/2003]
Imported Aluminum Tubes were Meant for Centrifuge - Powell argues that the aluminum tubes which Iraq had attempted to import in July 2001 (see July 2001) were meant to be used in a nuclear weapons program and not for artillery rockets as experts from the US Energy Department, the INR, and the IAEA have been arguing (see February 3, 2003) (see January 11, 2003) (see August 17, 2001) (see January 27, 2003). To support the administration’s case, he cites unusually precise specifications and high tolerances for heat and stress. “It strikes me as quite odd that these tubes are manufactured to a tolerance that far exceeds US requirements for comparable rockets,” he says. “Maybe Iraqis just manufacture their conventional weapons to a higher standard than we do, but I don’t think so.” Powell also suggests that because the tubes were “anodized,” it was unlikely that they had been designed for conventional use. [US Department of State, 2/5/2003; Washington Post, 2/5/2003; Washington Post, 3/8/2003] Powell does not mention that numerous US nuclear scientists have dismissed this claim (see August 17, 2001) (see September 23, 2002) (see December 2002). [Albright, 10/9/2003] Powell also fails to say that Iraq has rockets identical to the Italian Medusa 81 mm rockets, which are of the same dimensions and made of the same alloy as the 3,000 tubes that were intercepted in July 2001 (see After January 22, 2003). [Washington Post, 8/10/2003] This had been reported just two weeks earlier by the Washington Post. [Washington Post, 1/24/2003] Moreover, just two days before, Powell was explicitly warned by the US State Department’s Bureau of Intelligence and Research not to cite the aluminum tubes as evidence that Iraq is pursuing nuclear weapons (see February 3, 2003). [Financial Times, 7/29/2003]
Iraq Attempted to Acquire Magnets for Use in a Gas Centrifuge Program - Powell says: “We… have intelligence from multiple sources that Iraq is attempting to acquire magnets and high-speed balancing machines. Both items can be used in a gas centrifuge program to enrich uranium. In 1999 and 2000, Iraqi officials negotiated with firms in Romania, India, Russia and Slovenia for the purchase of a magnet production plant. Iraq wanted the plant to produce magnets weighing 20 to 30 grams. That’s the same weight as the magnets used in Iraq’s gas centrifuge program before the Gulf War.” [US Department of State, 2/5/2003; New York Times, 2/6/2003] Investigation by the UN’s International Atomic Energy Agency [IAEA] will demonstrate that the magnets have a dual use. IAEA Director Mohamed ElBaradei said a little more than a week before, on January 27, in his report to the Security Council: “Iraq presented detailed information on a project to construct a facility to produce magnets for the Iraqi missile program, as well as for industrial applications, and that Iraq had prepared a solicitation of offers, but that the project had been delayed due to ‘financial credit arrangements.’ Preliminary investigations indicate that the specifications contained in the offer solicitation are consistent with those required for the declared intended uses. However, the IAEA will continue to investigate the matter….” (see January 27, 2003) [Annan, 1/27/2003 pdf file] On March 7, ElBaradei will provide an additional update: “The IAEA has verified that previously acquired magnets have been used for missile guidance systems, industrial machinery, electricity meters and field telephones. Through visits to research and production sites, reviews of engineering drawings and analyses of sample magnets, IAEA experts familiar with the use of such magnets in centrifuge enrichment have verified that none of the magnets that Iraq has declared could be used directly for a centrifuge magnetic bearing.” (see March 7, 2003) [CNN, 3/7/2003]
Iraq Attempted to Purchase Machines to Balance Centrifuge Rotors - Powell states: “Intercepted communications from mid-2000 through last summer show that Iraq front companies sought to buy machines that can be used to balance gas centrifuge rotors. One of these companies also had been involved in a failed effort in 2001 to smuggle aluminum tubes into Iraq.” [US Department of State, 2/5/2003; New York Times, 2/6/2003]
Powell Cites Documents Removed from Home of Iraqi Scientist Faleh Hassan - Powell cites the documents that had been found on January 16, 2003 by inspectors with the help of US intelligence at the Baghdad home of Faleh Hassan, a nuclear scientist. Powell asserts that the papers are a “dramatic confirmation” that Saddam Hussein is concealing evidence and not cooperating with the inspections. The 3,000 documents contained information relating to the laser enrichment of uranium (see January 16, 2003). [Daily Telegraph, 1/18/2003; Associated Press, 1/18/2003; BBC, 1/19/2003; US Department of State, 2/5/2003] A little more than a week later, in the inspectors’ February 14 update to the UN Security Council (see February 14, 2003), ElBaradei will say, “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [Guardian, 2/15/2003; BBC, 2/17/2003; Associated Press, 8/9/2003]
Iraq is Hiding Missiles in the Desert - Powell says that according to unidentified sources, the Iraqis have hidden rocket launchers and warheads containing biological weapons in the western desert. He further contends that these caches of weapons are hidden in palm groves and moved to different locations on a weekly basis. [US Department of State, 2/5/2003] It will later be suggested that this claim was “lifted whole from an Iraqi general’s written account of hiding missiles in the 1991 war.” [Associated Press, 8/9/2003]
Iraq Has Scud Missiles - Powell also says that according to unnamed “intelligence sources,” Iraq has a few dozen Scud-type missiles. [Associated Press, 8/9/2003]
Iraq Has Weapons of Mass Destruction - Secretary of State Colin Powell states unequivocally: “We… have satellite photos that indicate that banned materials have recently been moved from a number of Iraqi weapons of mass destruction facilities. There can be no doubt that Saddam Hussein has biological weapons and the capability to rapidly produce more, many more.” Elsewhere in his speech he says: “We know that Saddam Hussein is determined to keep his weapons of mass destruction, is determined to make more.” [US Department of State, 2/5/2003; CNN, 2/5/2003]
Governments, Media Reaction Mixed - Powell’s speech will fail to convince many skeptical governments, nor will it impress many in the European media. But it will have a tremendous impact in the US media (see February 5, 2003 and After).

Alberto Mora, the Navy’s general counsel, invites Justice Department lawyer John Yoo to his office to discuss Yoo’s recent memo defending the legality of extreme interrogation techniques used against terror suspects (see January 9, 2002). Mora has been working to put an end to such tactics at the Pentagon, but was horrified when his supervisor, Pentagon general counsel William Haynes, outflanked him with the Yoo memo (see January 23-Late January, 2003). Mora wants to know if Yoo believes cruel, inhuman or degrading treatment can be allowed at Guantanamo, and if that the president’s authority to order torture is virtually unlimited. During the meeting with Yoo, Mora asks him, “Are you saying the President has the authority to order torture?” Yoo replies, “Yes.” “I don’t think so,” Mora retorts. “I’m not talking policy,” Yoo replies, “I’m just talking about the law.” Mora responds, “Well, where are we going to have the policy discussion, then?” Yoo has no idea. Perhaps it will take place within the Pentagon, where the defense-policy experts are. Mora knows that no such discussion will ever take place; the Bush administration will use Yoo’s memo to justify its support of torture. [New Yorker, 2/27/2006; Washington Post, 4/2/2008]

Entity Tags: William J. Haynes, John C. Yoo, Alberto Mora, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The government raises the threat level to orange. The announcement is made by Attorney General John Ashcroft, Homeland Security Secretary Ridge, and FBI Director Mueller. CIA Director George Tenet calls the threat “the most specific we have seen” since 9/11 and says al-Qaeda may use a “radiological dispersal device, as well as poisons and chemicals.” Ashcroft states that “this decision for an increased threat condition designation is based on specific intelligence received and analyzed by the full intelligence community. This information has been corroborated by multiple intelligence sources.” [CNN, 2/7/2003] Ashcroft further claims that they have “evidence that terrorists would attack American hotels and apartment buildings.” [ABC News, 2/13/2007] A detailed plan is described to authorities by a captured terror suspect. This source cited a plot involving a Virginia- or Detroit-based al-Qaeda cell that had developed a method of carrying dirty bombs encased in shoes, suitcases, or laptops through airport scanners. The informant specifies government buildings and Christian or clerical centers as possible targets. [ABC News, 2/13/2007] Three days later, Fire Administrator David Paulison advises Americans to stock up on plastic sheeting and duct tape to protect themselves against radiological or biological attack. This causes a brief buying panic. [MSNBC, 6/4/2007] Batteries of Stinger anti-aircraft missiles are set up around Washington and the capital’s skies are patrolled by F-16 fighter jets and helicopters. [BBC, 2/14/2003] The threat is debunked on February 13, when the main source is finally given an FBI polygraph and fails it. Two senior law enforcement officials in Washington and New York state that a key piece of information leading to the terror alerts was fabricated. The claim made by a captured al-Qaeda member regarding a “dirty bomb” threat to Washington, New York, or Florida had proven to be a product of his imagination. Vincent Cannistraro, former head of the CIA’s Counterterrorist Center, says the intelligence turned out “to be fabricated and therefore the reason for a lot of the alarm, particularly in Washington this week, has been dissipated after they found out that this information was not true.” But threat levels remain stuck on orange for two more weeks. [ABC News, 2/13/2007] Bush administration officials do admit that the captured terror suspect lied, but add that this suspect was not the only source taken into consideration. Ridge says that there is “no need to start sealing the doors and windows.” Bush says that the warning, although based on evidence fabricated by an alleged terrorist, is a “stark reminder of the era that we’re in, that we’re at war and the war goes on.” [BBC, 2/14/2003] The alert followed less than forty-eight hours after Colin Powell’s famous speech to the United Nations in which he falsely accused Saddam Hussein of harboring al-Qaeda and training terrorists in the use of chemical weapons (see February 5, 2003). [Rolling Stone, 9/21/2006 pdf file] Anti-war demonstrations also continue to take place world-wide. [MSNBC, 6/4/2007]

Entity Tags: Vincent Cannistraro, Tom Ridge, John Ashcroft, Robert S. Mueller III, Colin Powell, David Paulison, George J. Tenet, Saddam Hussein

Timeline Tags: Complete 911 Timeline

UN inspectors at Djerf al Nadaf.UN inspectors at Djerf al Nadaf. [Source: CBS News]Three days after Colin Powell’s speech to the UN Security Council (see February 5, 2003), Team Bravo, a UN inspection team led by US biological weapons experts, conducts the first inspection of Curveball’s former work site, Djerf al Nadaf. According to Curveball, Djerf al Nadaf was the site of a 1998 accident involving bio-warfare material. The visit lasts 3 1/2 hours. Samples taken from the facility are tested for trace amounts of biological agents, but test results are negative. During the visit, the inspectors also note that the walls surrounding the facility would have made it impossible for trucks to enter and leave the building in the way described by Curveball. [Los Angeles Times, 11/20/2005]

Entity Tags: ’Curveball’, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

Iranian political leader Mohammad Khatami reveals that Iran has begun building two nuclear processing plants devoted to enriching uranium. The head of the International Atomic Energy Agency (IAEA), Mohamed ElBaradei, later says that one of the Iranian plants is already near completion and a second plant is well underway. Although Iran claims that the nuclear plants are strictly for peaceful energy creation, the Bush administration believes that the Iranians have used the cover of practices not strictly forbidden by the Nuclear Nonproliferation Treaty (see July 1, 1968) to hide a nuclear weapons program. One Bush official says that if the Iranians run the Bushehr reactor (see December 12, 2002) for five or six years, withdraw from the Nonproliferation Treaty, just as North Korea has done (see January 10, 2003 and After), and reprocess all of their radioactive material, they would have enough weapons-grade uranium and/or plutonium to build as many as a hundred nuclear weapons. Bush officials hope that a combination of pressure from Russia and the US occupation of neighboring Iraq—one senior Bush official says, “I think the presence of 200,000 American troops on their border for X period of time may tend to concentrate their attention”—may keep Iran’s nuclear program under restraint. [New York Times, 5/4/2003]

Entity Tags: Mohamed ElBaradei, Bush administration (43), International Atomic Energy Agency, Hojjat ol-Eslam Seyyed Mohammad Khatami

Timeline Tags: US confrontation with Iran

Secretary of State Colin Powell obtains an advance transcript of a new audio tape thought to be from Osama bin Laden before it is broadcast on Al Jazeera, but misrepresents the contents to a US Senate panel, implying it shows a partnership between al-Qaeda and Iraq. [CNN, 2/12/2003] Following Powell’s initial claim the tape exists, Al Jazeera says that it has no such tape and dismisses Powell’s statement as a rumor. [Associated Press, 2/12/2003] However, later in the day Al Jazeera says that it does have the tape. [Reuters, 2/12/2003] It is unclear how Powell obtains the advance copy, and Counterpunch even jokes, “Maybe the CIA gave Powell the tape before they delivered it to Al Jazeera?” [CounterPunch, 2/13/2003] In his testimony to the Senate Budget Committee Powell says, “[Bin Laden] speaks to the people of Iraq and talks about their struggle and how he is in partnership with Iraq.” [CNN, 2/12/2003] Powell’s spokesperson, Richard Boucher, says that the recording proves “that bin Laden and Saddam Hussein seem to find common ground.” [Reuters, 2/11/2003; New York Times, 2/12/2003; Washington Post, 11/12/2003] However, although bin Laden tells his supporters in Iraq they may fight alongside the Saddam Hussein, if the country is invaded by the US (see November 12, 2002), he does not express any direct support for the current regime in Iraq, which he describes as “pagan.” [CNN, 2/12/2003] A senior editor for Al Jazeera says the tape offers no evidence of ties between al-Qaeda and Saddam Hussein. “When you hear it, it doesn’t prove any relation between bin Laden or al-Qaeda group and the Iraqi regime,” he argues. [ABC News, 2/12/2003] Several news reports also challenge Powell and Boucher’s interpretation. For example, CNN reveals that the voice had criticized Saddam’s regime, declaring that “the socialists and the rulers [had] lost their legitimacy a long time ago, and the socialists are infidels regardless of where they are, whether in Baghdad or in Aden.” [CNN, 2/11/2003; New York Times, 11/12/2003] Similarly, a report published by Reuters notes that the voice “did not express support for Iraqi President Saddam Hussein—it said Muslims should support the Iraqi people rather than the country’s government.” [Reuters, 2/11/2003]

Entity Tags: Colin Powell, Richard A. Boucher, Saddam Hussein, Osama bin Laden, Al Jazeera

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

A UN panel—consisting of missile experts from the United States, Britain, France, Ukraine, Germany and China—unanimously concludes that Iraq’s Al Samoud 2 conventional missile program is in violation of UN resolutions because its range exceeds restrictions imposed in 1991 after the Gulf War. While admitting that the Al Samoud missiles exceed the 150 km limit in test runs—by a mere 33km—Iraqi officials insist that they would be incapable of traveling more than 150 km when laden with conventional explosives and guidance equipment. Iraq has more than 100 of these missiles [Washington Post, 2/13/2003; Guardian, 2/13/2003] Douglas Richardson, the editor of Jane’s Missiles and Rockets, says that the “violation” is comparable to driving 36mph in a 30mph zone. [Guardian, 2/13/2003; United Press International, 2/13/2003; BBC, 3/2/2003] Iraq is ordered to begin destroying the missiles by March 1 (see March 1, 2003), which it agrees to do on February 27 (see February 27, 2003). [BBC, 1/28/2003; Associated Press, 2/28/2003; New York Times, 3/1/2003]

Timeline Tags: Events Leading to Iraq Invasion

The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which.The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which. [Source: CNN]Pakistani authorities raid an apartment in Quetta, Pakistan, and apparently arrest Mohammad Omar Abdul-Rahman, a son of the Blind Sheikh,’ Sheikh Omar Abdel Rahman. Supposedly, communications found at the apartment lead to the later arrest of Khalid Shaikh Mohammed (see February 29 or March 1, 2003). [New York Times, 3/4/2003] Government officials say he is a senior al-Qaeda operative who ran a training camp in Afghanistan before 9/11 attacks and also had a role in operational planning. Another son of the blind sheik, Ahmad Abdul-Rahman, was captured in Afghanistan in late 2001, but Ahmad was not considered to be high ranking. [Associated Press, 3/4/2003] But even though Mohammad Omar’s arrest is reported in the New York Times and elsewhere, there is no official announcement. In December 2005, his name will be on a list published by ABC News of high-detainees being held in a secret CIA prison (see November 2005). [ABC News, 12/5/2005] In 2006, the US will announce that it is emptying the CIA prisons and transferring all high-level prisoners to Guantanamo, but he will not be one of those transferred and it is unclear what happened to him (see September 2-3, 2006).

Entity Tags: Ahmad Abdul-Rahman, Mohammed Omar Abdul-Rahman, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

United Nations Monitoring, Verification and Inspection Commission Chief Weapons Inspector Hans Blix and IAEA Director-General Mohamed ElBaradei present an update to the UN Security Council on the progress of weapons inspections in Iraq. The content of their presentation includes no evidence to substantiate US and British claims that Iraq poses a serious threat to the US or Europe. After the report is presented, the majority of the UN Security Council members feel that the use of military force will not be needed to effectively disarm Iraq. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
UNMOVIC report by Hans Blix -
bullet After conducting some 400 inspections at over 300 Iraqi sites since December 2002, the inspection teams still have not found any evidence that Iraq has weapons of mass destruction or that Iraq has programs to develop such weapons. [United Nations, 2/14/2003; Financial Times, 2/14/2003; Guardian, 2/14/2003; Inter Press Service, 2/15/2003]
bullet The inspectors are unaware of any reliable evidence that the Iraqis have had advanced knowledge of the timing and locations of weapons inspections. “In no case have we seen convincing evidence that the Iraqi side knew in advance that the inspectors were coming,” Blix says. [United Nations, 2/14/2003; Guardian, 2/14/2003; Financial Times, 2/14/2003; Associated Press, 2/14/2003; Guardian, 2/15/2003]
bullet The Iraqi government agreed to reduce the number of “minders” present in interviews with Iraqi scientists. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
bullet The UNMOVIC weapons inspection teams have begun destroying Iraq’s declared arsenal of mustard gas. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
bullet South Africa has made an agreement with Iraq to assist it in its disarmament efforts. [United Nations, 2/14/2003; Financial Times, 2/14/2003; Guardian, 2/14/2003]
bullet Several proscribed weapons and other items remain unaccounted for, including more than 1,000 tons of chemical agents. Blix explains that if they do not exist, Iraq needs to provide him with credible evidence that they have been destroyed. “Another matter and one of great significance is that many proscribed weapons and items are not accounted for. One must not jump to the conclusion that they exist. However, that possibility is also not excluded. If they exist, they should be presented for destruction. If they do not exist, credible evidence to that effect should be presented.” [United Nations, 2/14/2003; Financial Times, 2/14/2003; Associated Press, 2/14/2003; Guardian, 2/14/2003]
bullet Based on the data contained in Iraq’s declaration of arms, experts have concluded that two varieties of Iraq’s Al Samoud II missile systems are capable of exceeding the 150km range limit that was imposed on Iraq in 1991 after the First Gulf War (see February 12, 2003). But contrary to what Powell recently stated in his February 5 presentation to the UN, test stands located at the Al Rafah facility have not been associated with the testing of missiles with the ranges Powell suggested (see February 5, 2003). [United Nations, 2/14/2003; Financial Times, 2/14/2003; Associated Press, 2/14/2003; Guardian, 2/15/2003]
bullet More interviews with Iraqi scientists, especially ones involved in its former biological weapons programs, are needed. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
bullet Recent private interviews with Iraqi scientists have been helpful to weapons inspectors. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
bullet The amount of intelligence being supplied by foreign agencies have recently increased and the new information is helping inspectors. [United Nations, 2/14/2003; Financial Times, 2/14/2003]
bullet Blix challenges the conclusions made by Powell in his February 5 presentation (see February 5, 2003) to the UN with regard to US satellite pictures showing the movement of trucks and supplies at suspected weapons sites prior to inspections. He says, “The reported movement of munitions at the site could just as easily have been a routine activity as a movement of proscribed munitions in anticipation of an imminent inspection.” [United Nations, 2/14/2003; Financial Times, 2/14/2003; Guardian, 2/14/2003; Guardian, 2/15/2003]
bullet Iraq produced a list of 83 people who it says participated in the destruction of large quantities of anthrax and VX precursors in 1991. [Financial Times, 2/14/2003]
bullet Inspections are increasing inspectors’ knowledge of Iraqi arms. [Guardian, 2/14/2003]
International Atomic Energy Agency (IAEA) report by Mohamed ElBaradei -
bullet ElBaradei’s team has found no evidence of an illegal nuclear weapons program. “We have to date found no evidence of ongoing prohibited nuclear or nuclear related activities in Iraq.” [United Nations, 2/14/2003; International Atomic Energy Agency, 2/14/2003; Financial Times, 2/14/2003]
bullet Iraqi officials have provided IAEA inspectors with immediate access to all sites it has sought to examine. [International Atomic Energy Agency, 2/14/2003; Financial Times, 2/14/2003]
bullet The IAEA is still investigating why Iraq attempted to import aluminum tubes during the summer of 2002. The agency is awaiting an explanation from Iraq as to why the tubes—alleged by Iraq to have been destined for a conventional weapons artillery program—were fabricated according to such high quality specifications. [International Atomic Energy Agency, 2/14/2003; Financial Times, 2/14/2003]
bullet Referring to the documents that had been discovered in the home of Faleh Hassan (see January 16, 2003), Mohamed ElBaradei states: “While the documents have provided some additional details about Iraq’s laser enrichment development efforts, they refer to activities or sites already known to the IAEA and appear to be the personal files of the scientist in whose home they were found. Nothing contained in the documents alters the conclusions previously drawn by the IAEA concerning the extent of Iraq’s laser enrichment program.” [International Atomic Energy Agency, 2/14/2003; Guardian, 2/15/2003; BBC, 2/17/2003]
Reaction - After the two reports, most UN Security Council members say they believe inspections are working and that the use of military force is unnecessary. Dominique de Villepin, the French foreign minister, says: “There is an alternative to war: disarming Iraq through inspections. [War] would be so fraught with risk for the people, the region and international stability that it should be envisaged only as a last resort.… We must give priority to disarmament by peaceful means.” His comments are followed by a huge applause. “French Foreign Minister Dominique de Villepin’s impassioned speech seeking more time for inspections elicited rare applause from diplomats in the chamber,” reports the Associated Press. By contrast, the more hawkish remarks of US Secretary of State Colin Powell—who was said to have appeared “annoyed” during parts of Blix’s report—“did not receive any applause.” Powell, in his response to the report, had stated: “We cannot wait for one of these terrible weapons to turn up in our cities…. More inspections—I am sorry—are not the answer…. The threat of force must remain.” After the reports, Germany, Syria, Chile, Mexico, Russia, France and Pakistan, favor continuing the inspections while Spain and Bulgaria back the US and British position. [US Department of State, 2/14/2003; Associated Press, 2/14/2003; Inter Press Service, 2/15/2003; Guardian, 2/15/2003; Fox News, 2/15/2003]

Entity Tags: Mohamed ElBaradei, Dominique de Villepin, Hans Blix, Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

Asked for concrete evidence that Hussein has links to al-Qaeda, National Security Adviser Condoleezza Rice points to the presence of operatives allegedly being hosted in Iraq. “Well, we are, of course, continually learning more about these links between Iraq and al-Qaeda, and there is evidence that Secretary [of State Colin] Powell did not have the time to talk about. But the core of the story is there in what Secretary Powell talked about. This poisons network with at least two dozen of its operatives operating in Baghdad, a man [Abu Musab al-Zarqawi] who is spreading poisons now throughout Europe and into Russia, a man who got medical care in Baghdad despite the fact that the Iraqis were asked to turn him over, training in biological and chemical weapons.” [Fox News Sunday, 2/16/2003; US House Committee on Government Reform, 3/16/2004]

Entity Tags: Condoleezza Rice, Abu Musab al-Zarqawi

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

Jacques Baute, head of the UN Iraq Nuclear Verification office, returns to Vienna after having interviewed several current and former Iraqi officials in Baghdad. The Iraqis denied that their government had tried to obtain uranium from Niger, as has been alleged by the Bush administration. Baute does not believe the Iraqis were telling the truth and intends to confront them with the Niger documents after he has researched the details of the purported uranium purchase deal that is described in the documents. He is concerned to see that the documents contain a note from US intelligence officials that reads, “We cannot confirm these reports and have questions regarding some specific claims.” Baute conducts an initial Google search for a few keywords and phrases from the documents and quickly finds an inaccurate reference to Niger’s constitution. “At that point,” Baute later recalls, “I completely changed the focus of my search to ‘Are these documents real?’ rather than ‘How can I catch the Iraqis?’” [Isikoff and Corn, 2006, pp. 202-203; Unger, 2007, pp. 289] Several months later, Melissa Fleming, a spokeswoman for the IAEA, will describe to reporters how easy it was for Baute to determine that the documents were fakes. “These were blatant forgeries. We were able to determine that they were forgeries very quickly,” she says. [Independent, 6/5/2003] In another interview, Fleming adds: “It was very clear from our analysis that they were forgeries. We found 20 to 30 anomalies within a day.” [Los Angeles Times, 8/25/2005] When Baute asks for an explanation from the US, there is no response. “What do you have to say? They had nothing to say,” Baute will later recall in an interview with Seymour Hersh. [New Yorker, 3/31/2003] There are numerous indications that the documents are forgeries.
Erroneous Postmark - A letter dated October 10, 2000 bears a September 28 postmark, indicating it was received over two weeks before its supposed writing. [Dubose and Bernstein, 2006, pp. 212; Unger, 2007, pp. 236-237]
Names and Titles Incorrect - Several of the names and titles of officials mentioned in the documents are incorrect. For example, one of the letters is purportedly signed by Niger’s President Tandja Mamadou. Experts say the signature is an obvious forgery. An IAEA official will tell Reuters: “It doesn’t even look close to the signature of the president. I’m not a [handwriting] expert but when I looked at it my jaw dropped.” [Unknown, n.d.; Globe and Mail, 3/8/2003; Reuters, 3/26/2003; New Yorker, 3/31/2003; Knight Ridder, 6/13/2003] The incorrectly postmarked letter is signed “Alle Elhadj Habibou”—Niger’s foreign minister who had not been in office since 1989. [Unknown, n.d.; Reuters, 3/26/2003; New Yorker, 3/31/2003; Knight Ridder, 6/13/2003; Dubose and Bernstein, 2006, pp. 212; Unger, 2007, pp. 236-237] Another letter includes the forged signature and seal of Wissam al-Zahawie, Iraq’s former ambassador to the Vatican. When al-Zahawie is interviewed by the IAEA, he informs the agency that it was standard procedure for all diplomatic notes to be initialed and sealed, while letters were only to be signed—with no seal. He explains that correspondences were never both signed and sealed. [Unknown, n.d.; Independent, 8/10/2003]
Letterhead Erroneous - In addition to problems with signatures and seals, there are other problems. One letter is on the wrong letterhead. [Knight Ridder, 6/13/2003] The “letterhead was out of date and referred to Niger’s ‘Supreme Military Council’ from the pre-1999 era—which would be like calling Russia the Soviet Union,” reports Reuters. [Unknown, n.d.; Reuters, 3/26/2003]
Incorrect Citation of Constitution - Another letter, purported to be from the president of Niger, refers to his authority under the country’s obsolete 1966 constitution instead of the one enacted in 1999. [Unknown, n.d.; Reuters, 3/26/2003; Dubose and Bernstein, 2006, pp. 212; Unger, 2007, pp. 236-237]
Misspellings, Incorrect Dates - Also, in some letters, French words are misspelled and dates do not correspond to the correct days of the week. [Mercury News (San Jose), 3/18/2003] One of the letters is dated July 30, 1999, but refers to agreements not enacted until 2000. [Dubose and Bernstein, 2006, pp. 212; Unger, 2007, pp. 236-237]
Unrealistic Uranium Requests - The IAEA also points out that the amount of uranium which Iraq is purportedly interested in purchasing is unrealistic. Seymour Hersh, writing for the New Yorker, explains: “The large quantity of uranium involved should have been another warning sign. Niger’s ‘yellow cake’ comes from two uranium mines controlled by a French company, with its entire output pre-sold to nuclear power companies in France, Japan, and Spain. ‘Five hundred tons can’t be siphoned off without anyone noticing‘… [an] IAEA official told me.” [New Yorker, 3/31/2003] Furthermore, the purported agreement calls for the 500 tons of uranium to be transferred from one ship to another in international waters, a tremendously difficult undertaking. [Dubose and Bernstein, 2006, pp. 212; Unger, 2007, pp. 236-237]
Denial of Signature - Al-Zawahie is asked whether he had signed a letter on July 6, 2000 that concerned Nigerien uranium (see February 1999). Al-Zawahie will later recall telling the inspectors, “I said absolutely not; if they had seen such a letter it must be a forgery.” Al-Zawahie provides his signature to IAEA inspectors; he will later say, “[T]hose letters must have convinced the IAEA team that the document they had was a forgery.” [Independent, 8/10/2003]

Entity Tags: Mamadou Tandja, Melissa Fleming, Mohamed ElBaradei, Jacques Baute, Alle Elhadj Habibou, Wissam al-Zahawie, Seymour Hersh

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

British Foreign Minister Robin Cook is personally given an intelligence briefing by John Scarlett, head of the British joint intelligence committee. Cook later says in his diary that Scarlett’s summary was “shorn of the political slant with which No. 10 encumbers any intelligence assessment.” After the meeting with Scarlett, Cook concludes that “Saddam probably does not have weapons of mass destruction in the sense of weapons that could be used against large-scale civilian targets.” [Sunday Times (London), 10/5/2003; Guardian, 10/6/2003; Cook, 8/2/2004]

Entity Tags: Robin Cook, John Scarlett

Timeline Tags: Events Leading to Iraq Invasion

The United States, Britain and Spain submit a draft to the UN Security Council for a second resolution declaring Iraq in “further material breach” of previous UN resolutions. The draft claims that the declaration Iraq submitted to the UN Security Council on December 7, 2002 (see December 7, 2002) contained “false statements and omissions” and that Iraq “has failed to comply with, and cooperate fully in the implementation of” UN Resolution 1441 (see November 8, 2002). Meanwhile France, Russia and Germany field an alternative plan aimed at achieving peaceful disarmament with more rigorous inspections over a period of five months. China expresses support for the alternative plan despite efforts by Secretary of State Colin Powell to convince its government to support the more aggressive proposal. [Fox News, 2/24/2003; United Nations, 2/24/2003] At this point, it seems that only Bulgaria will support the American-British-Spanish resolution. Eleven of the fifteen council members have indicated that they favor allowing the inspectors to continue their work. Fox News suggests that the US may be able to convince some countries—like Angola, Guinea and Cameroon—to support the resolution since “there is the possibility that supporting the resolution may reap financial benefits from the United States.” [Fox News, 2/24/2003]

Entity Tags: Colin Powell

Timeline Tags: Events Leading to Iraq Invasion

Neoconservative Richard Perle, the chairman of the Defense Policy Board, has a simple explanation as to why UN inspectors are not finding WMD in Iraq (see February 8, 2003): skullduggery. “UN weapons inspectors are being seriously deceived,” he declares in an essay published on the American Enterprise Institute’s Web site entitled “Take Out Saddam—It’s the Only Way.” Perle’s contentions are similar to those he has extolled in the past (see March, 2001 and November 20, 2002). This time he escalates the rhetoric even farther: “It reminds me of the way Nazis hoodwinked Red Cross officials inspecting the concentration camp at Theresienstadt in 1944.” [American Enterprise Institute, 2/25/2003; Unger, 2007, pp. 289]

Entity Tags: Richard Perle, Defense Policy Board

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” [Siegel, 2008, pp. 249-251] On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” [Siegel, 2008, pp. 237-238]

Entity Tags: Judy Palya Loether, Jeff Almeida, US Supreme Court, US Department of the Air Force, Wilson Brown

Timeline Tags: Civil Liberties

CIA general counsel Scott Muller writes to Jane Harman (D-CA), a member of the House Intelligence Committee, but fails to respond fully to questions about the CIA’s use of enhanced interrogation techniques. [Central Intelligence Agency, 2/28/2003 pdf file] Following a briefing earlier in the month about the legality of the techniques (see February 2003), Harman had written to Muller and CIA Director George Tenet asking whether using the techniques was good policy for the US: “I would like to know whether the most senior levels of the White House have determined that these practices are consistent with the principles and policies of the United States. Have the enhanced techniques been authorized and approved by the President?” She also urges the CIA not to destroy videotapes of detainee interrogations because they are “the best proof that the written record is accurate,” and their destruction “would reflect badly on the Agency.” [US Congress, 2/10/2003 pdf file] In his reply, Muller completely fails to mention the tapes or say whether Bush has been consulted. He also says it would be inappropriate for him to comment on policy issues, merely that “it would be fair to assume that policy as well as legal matters have been addressed within the Executive Branch.” [Central Intelligence Agency, 2/28/2003 pdf file]

Entity Tags: House Intelligence Committee, Central Intelligence Agency, George W. Bush, Scott Muller, Jane Harman, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A photo taken during KSM’s alleged arrest in Pakistan.A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. [Associated Press, 3/1/2003] Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. [MSNBC, 3/3/2003] An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 million reward money for his capture (see Shortly Before February 29 or March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” [MSNBC, 3/3/2003] There are numerous problems surrounding the US-alleged arrest of KSM:
bullet Witnesses say KSM is not present when the raid occurs. [Associated Press, 3/2/2003; Associated Press, 3/2/2003; Australian Broadcasting Corporation, 3/2/2003; Guardian, 3/3/2003; New York Times, 3/3/2003]
bullet There are differing accounts about which house he is arrested in. [Associated Press, 3/1/2003; Los Angeles Times, 3/2/2003; Los Angeles Times, 3/3/2003]
bullet There are differing accounts about where he was before the arrest and how authorities found him. [Time, 3/1/2003; Washington Post, 3/2/2003; Washington Post, 3/2/2003; New York Times, 3/3/2003; New York Times, 3/4/2003]
bullet Some accounts have him sleeping when the arrest occurs and some don’t. [Los Angeles Times, 3/2/2003; Reuters, 3/2/2003; New York Times, 3/3/2003; Daily Telegraph, 3/4/2003]
bullet Accounts differ on who arrests him—Pakistanis, Americans, or both. [CNN, 3/2/2003; Los Angeles Times, 3/2/2003; New York Times, 3/2/2003; Daily Telegraph, 3/3/2003; London Times, 3/3/2003; Associated Press, 3/3/2003]
bullet There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
bullet There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” [Guardian, 3/6/2003]
Account by 9/11 Commissioners Conflicts - In addition, 9/11 Commission chairman Tom Kean and vice chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI, and Pakistani team (see Early 2003).
Account by Musharraf Also Conflicts - Also in 2006, Pakistani President Pervez Musharraf will publish a memoir in which he claims that KSM was arrested on February 29, 2003 (instead of the widely cited March 1, 2003), and held by Pakistani forces for three days, “during which time we interrogated him fully. Once we were done with him and had all the information we wanted, we handed him over to the United States government.” [Musharraf, 2006, pp. 193]

Entity Tags: Thomas Kean, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Lee Hamilton, Mustafa Ahmed al-Hawsawi, Pervez Musharraf

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

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

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

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

ABC’s Nightline hosts a “town meeting” panel discussion with a number of experts and pundits on the subject of the impending invasion of Iraq. The proponents of the war include Senator John McCain (R-AZ), former CIA Director James Woolsey, and Richard Land of the Southern Baptist Convention. Arguing against the war are the former deputy chief of mission to Iraq, Joseph Wilson; Senator Carl Levin (D-MI); and the Reverend Susan Thistlewaite of the Chicago Theological Seminary. The advocates of the war had prepared for the discussion, even holding a mock debate the night before with Randy Schoeneman of the Iraqi Liberation Front. The anti-war panelists did not discuss their remarks until minutes before the broadcast. “[W]e were disadvantaged by our comparative lack of preparation,” Wilson will later recall in his 2004 book The Politics of Truth. He remembers the panel discussion as “unpleasant,” not the least because, during his remarks about achieving disarmament without occupation (see February 13, 2003 and February 28, 2003), McCain interrupts him and accuses him of “appeasement.” Wilson will later write: “I take great offense at having my patriotism questioned by anyone. John McCain’s service to his country is unimpeachable but that does not give him a monopoly on loyalty, nor is it equatable with wisdom on national security issues.” Woolsey piles on, accusing Wilson of racism when Wilson notes that implementing democracy in Iraq would be “a stiff challenge.” Wilson will write that the accusation, which he will term “an outrageously provocative insult,” angers many of the African-American audience members, including “several members of the House of Representatives who had known me from my White House days managing African Affairs” for the State Department. Wilson will note, “The remark went over with a thud and was subsequently dropped from the standard set of neoconservative talking points spouted against me.” At the end of the debate, host Ted Koppel tells the threesome in favor of war, “You have made some important points, gentlemen, but you have not made your case that war with Iraq now is necessary.” Wilson calls it “a pyrrhic victory,” in part because “the one person whom we would have liked most to influence by our arguments—George W. Bush—was probably already asleep. But then, as he later told Brit Hume of Fox, he gets his information straight from his advisers rather than from newspapers and broadcast outlets.” [Wilson, 2004, pp. 321-323]

Entity Tags: Susan Thistlewaite, ABC News, Carl Levin, Joseph C. Wilson, George W. Bush, John McCain, James Woolsey, Richard Land

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

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture.Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).

Entity Tags: Jack Goldsmith, “Jerry M”, Aero Contractors, International Committee of the Red Cross, David S. Addington, Central Intelligence Agency, Khalid Shaikh Mohammed, Stare Kiejkuty

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

Dr. Stephen Zunes.Dr. Stephen Zunes. [Source: Mother Jones]Author and professor of politics Stephen Zunes writes a lengthy, point-by-point rebuttal to President George Bush’s February 28 speech, in which Bush claimed that overthrowing Saddam Hussein will bring peace and democracy to the Middle East (see February 26, 2003). Zunes calls the speech “sanctimonious and highly misleading,” and decries the fact that while it received plenty of media attention, it garnered little critical response in the press.
No Proof of Iraqi WMD Nor Terrorist Ties - Zunes notes that Bush offered no proof of Iraqi WMD, nor how, if Iraq indeed has such weapons, it could dominate the Middle East, as Bush said. And, if Bush knows where the Iraqi WMD are, Zunes asks, why hasn’t he told the United Nations Monitoring, Verification, and Inspection Commission (UNMOVIC), “which has a mandate to destroy them?” Neither has Bush submitted any evidence of Iraq’s ties to terrorist organizations.
Food, Medicine Shortages Due to US-Led Sanctions - Bush’s sympathy towards the privations and misery of the Iraqi people are undermined, Zunes writes, by the fact that “[t]he scarcity of basic food and medicines are a direct result of the US-led sanctions against Iraq.” He calls Bush’s promises of assistance “woefully inadequate.”
US Has Long Record of Exerting Control over Middle Eastern Oil - Bush’s reassurances that Iraq’s oil will be used to benefit its people are hard to swallow, Zunes says, given the US’s long record of exerting its own control over Middle Eastern oil reserves (see August 19, 1953).
Comparison between Iraq, World War II Axis Historically Invalid - Zunes finds Bush’s comparison of Iraq to World War II-era Japan and Germany completely without historical basis.
Unlikely Overthrow Will Bring Peaceful Palestinian Autonomy - He finds no more validity in Bush’s assertion that overthrowing Hussein will lead to peaceful Palestinian autonomy, noting that as long as the US supports Israel’s harsh policies against the Palestinians, peace and autonomy are unlikely outcomes, and also noting that Bush blocked the publication of the “road map for peace” brokered by the US, the UN, Russia, and the European Union for fear that it might lead to the election loss of Israeli Prime Minister Ariel Sharon.
Bush's Concern for UN, International Relations Hard to Believe - And Zunes will not be convinced of Bush’s internationalist leanings, given his administration’s penchant for sabotaging, ignoring, and breaking international treaties (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). As for the UN “fulfill[ing] its founding purpose” by accepting the resolution for war, Zunes will note, “The founding purpose of the UN Security Council is to protect international peace and security, not to legitimize the invasion of one country by another.” If people around the world are truly interested in freedom, Zunes will conclude, they “must work even harder to stop President Bush from invading Iraq.” [Foreign Policy In-Focus, 3/8/2003]

Entity Tags: George W. Bush, Stephen Zunes

Timeline Tags: Events Leading to Iraq Invasion

A day after former ambassador Joseph Wilson appears on CNN questioning the validity of the administration’s claims about the Iraq-Niger uranium purchase (see March 8, 2003), Vice President Dick Cheney and Deputy National Security Adviser Stephen Hadley begin a campaign to discredit him. The information comes from senior sources within the State Department, the CIA, and the National Security Council (NSC), all with direct knowledge of the campaign, and from Wilson himself. The sources will say that they and other officials are directed to unearth or “invent” embarrassing information on Wilson that could be used against him in public. Aides in the Office of the Vice President and others, including the sources, prepare a “workup” on Wilson, including memos and classified material on him for Cheney and the NSC. Officials meet regularly in Cheney’s office to discuss the progress of the campaign with Cheney, Hadley, and other officials.
Visit to CIA Headquarters - According to an official in the CIA’s Counterproliferation Division (CPD), Cheney and Hadley visit the CIA the day after Wilson’s interview on CNN. Cheney’s original target for discrediting was not Wilson, but David Albright, the former UN weapons inspector who has also challenged the credibility of the Iraq-Niger claims and the rationale for invading Iraq (see March 8, 2003). Cheney asked several CIA officials to find “dirt” on Albright for use in discrediting him in the media. At the outset, the CIA official will say: “Vice President Cheney was more concerned with Mr. Albright. The international community had been saying that inspectors should have more time, that the US should not set a deadline. The vice president felt Mr. Albright’s remarks would fuel the debate.” The CIA will eventually send a “binder” to Cheney’s office containing information about Albright; it is not clear to what, if any, use that information is put.
Cheney 'Enraged' - But Wilson’s appearance on CNN and his public ridicule of the Iraq-Niger uranium claim enraged Cheney, who saw Wilson’s comments as a personal attack against him. Hadley also took an interest in Wilson’s remarks because he personally allowed the Iraq-Niger claim to remain in Bush’s State of the Union address (see 9:01 pm January 28, 2003) even after being informed that the documents the claim was based upon were forgeries. Both Cheney and Hadley view Wilson as a possible impediment to the public’s acceptance of the impending Iraq invasion. Cheney chairs a meeting in his office the day after Wilson’s appearance on CNN, attended by, among others, Hadley, White House political guru Karl Rove, Cheney’s chief of staff Lewis “Scooter” Libby, Cheney’s deputy national security adviser John Hannah, and several officials from the CIA and State Department, including the officials who will later discuss the matter with the press. “The way I remember it,” says the CIA official, “is that the vice president was obsessed with Wilson. He called him an ‘_sshole,’ a son-of-a-b_tch. He took his comments very personally. He wanted us to do everything in our power to destroy his reputation and he wanted to be kept up to date about the progress.” Hadley says he will write an editorial about the Iraqi threat that should offset Wilson’s remarks; the State Department will redistribute a February 16, 2003 editorial by Hadley that appeared in the Chicago Tribune to newspaper editors around the country. Cheney will appear on NBC’s Meet the Press to refute the challenges to the Iraq-Niger claims (see March 16, 2003). [Truthout (.org), 2/9/2006] In 2004, Wilson will write: “I learned that a meeting right around the time of this particular CNN appearance (see March 8, 2003) led to the decision to produce a ‘workup’ on me for the Office of the Vice President. It was not made clear to me whether Dick Cheney himself attended this meeting, although I was told that senior members of his staff and quite possibly other senior Republicans, including former Speaker of the House Newt Gingrich, were present and that Gingrich actively participated in a strategy session, the objective of which was to figure out how to discredit me.” [Wilson, 2004, pp. 326-327]
False Allegations of 'Womanizing,' Drug Use - Within days, officials in the CIA, NSC, and State Department pass on information to Cheney and Libby that purportedly shows Wilson is a “womanizer” who had occassionally used drugs in his youth; the sources later say that the allegations are entirely false. The sources will say that they are unsure the material was ever used to discredit Wilson, since after the war began on March 19, the media lost interest in Wilson’s warnings. [Truthout (.org), 2/9/2006] Wilson later writes that the meeting about him does “not include discussion of how the president and his senior staff might address the indisputable, if inconvenient, fact that the allegation I had made was true. In other words, from the very beginning, the strategy of the White House was to confront the issue as a ‘Wilson’ problem rather than as an issue of the lie that was in the State of the Union address.… The immediate effect of the workup, I am told by a member of the press, citing White House sources, was a long harangue against the two of us within the White House walls. Over a period of several months, Libby evidently seized opportunities to rail openly against me as an ‘assh_le playboy’ who went on a boondoggle ‘arranged by his CIA wife’—and was a Democratic Gore supporter to boot.” [Wilson, 2004, pp. 441-442]
New Interest in Wilson - Cheney’s interest in Wilson will be renewed in May 2003 (see May 2003), when Wilson informs New York Times columnist Nicholas Kristof that he was the special envoy who had gone to Niger in February 2002 to investigate the uranium claims (see February 21, 2002-March 4, 2002).

Entity Tags: Office of the Vice President, National Security Council, David Albright, Lewis (“Scooter”) Libby, Joseph C. Wilson, John Hannah, Karl C. Rove, Richard (“Dick”) Cheney, CNN, Central Intelligence Agency, US Department of State, Newt Gingrich, Stephen J. Hadley, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers, and it is not from the ISI video. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers, and it is not from the ISI video. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]One week after the purported arrest of 9/11 mastermind Khalid Shaikh Mohammed (KSM) in Pakistan (see February 29 or March 1, 2003), the ISI show what they claim is a video of the capture. It is openly mocked as a bad forgery by the few reporters allowed to see it. [ABC News, 3/11/2003; Reuters, 3/11/2003; Pakistan News Service (Newark, CA), 3/11/2003; Daily Times (Lahore), 3/13/2003] For instance, a Fox News reporter says, “Foreign journalists looking at it laughed and said this is baloney, this is a reconstruction.” [Fox News, 3/10/2003] Other information about the arrest also raises questions about his relationship with the ISI (see Spring 1993). At the time of KSM’s alleged arrest, he was staying in a neighborhood filled with ISI officials, just a short distance from ISI headquarters, leading to suspicions that he’d been doing so with ISI approval. [Lateline, 3/3/2003] One expert notes that after his arrest, “Those who think they have ISI protection will stop feeling that comfort level.” [Australian Broadcasting Corporation, 3/2/2003] Journalist Robert Fisk reports, “Mohammed was an ISI asset; indeed, anyone who is ‘handed over’ by the ISI these days is almost certainly a former (or present) employee of the Pakistani agency whose control of Taliban operatives amazed even the Pakistani government during the years before 2001.” [Toronto Star, 3/3/2003]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wanted poster for John Doe #2, left, and Jose Padilla, right.
Wanted poster for John Doe #2, left, and Jose Padilla, right. [Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. [Associated Press, 3/11/2003] Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. [Associated Press, 3/26/2003] While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. [Village Voice, 3/27/2002; Village Voice, 6/13/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives, Civil Liberties

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

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

A Moroccan named Yassir al-Jazeeri is captured in Lahore, Pakistan, by Pakistani police and the FBI. Al-Jazeeri is not on any wanted list and there is virtually no known public information about him before his arrest, but a Pakistani official will call him one of the seven top leaders of al-Qaeda. He is said to be linked to Khalid Shaikh Mohammed in some way, who was arrested in Pakistan not long before (see February 29 or March 1, 2003). He is soon transferred into US custody. Witnesses see him at a CIA operated portion of the Bagram prison in Afghanistan in late 2003 through early 2004. One fellow detainee will later claim that al-Jazeeri told him he had been tortured and permanently injured, and forced to listen to loud music for four months straight. In 2007, Human Rights Watch will list him as a likely “ghost detainee” still being held by the US (see June 7, 2007). [Human Rights Watch, 6/7/2007]

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency, Yassir al-Jazeeri

Timeline Tags: Complete 911 Timeline

Jamal Naseer, an 18-year old newly recruited Afghan soldier, dies in US custody, apparently as a result of beating and torture. Naseer dies after several days in detention at a US Special Forces “firebase,” a small, outlying military base set up to support advancing troops, at Gardez, Afghanistan. [CBS News, 9/21/2004] Naseer and seven other detainees were taken into custody about a week before by Special Forces troops attempting to secure the area from the depredations of a local warlord, Pacha (or Bacha) Khan. Naseer’s brother Ahmad insists that he, his brother, and the other detainees are allies of the Americans, and never participated in Taliban- or al-Qaeda-led attacks against American forces. [Los Angeles Times, 9/25/2006] It is unclear why the men were detained in the first place, but Los Angeles Times reporters Craig Pyes and Mark Mazzetti report that according to an Afghan intelligence report. “the action was requested by a provincial governor feuding with local military commanders.” [Los Angeles Times, 9/21/2004] Naseer’s death will be officially recorded as resulting from “natural causes,” but fellow detainees will say that Naseer’s death was caused by abuse suffered at the hands of US Army Special Forces soldiers near Gardez. Ahmad Naseer will later describe how he and his brother were beaten and abused while in custody, subjected to electric shocks, immersed in cold water, forced to assume stress positions, thrashed with cables, suffered the forcible tearing off of their toenails, and made to lie for hours in the snow. The last time he spoke with his brother, he says Jamal was “moaning about the pain in his kidneys and back” from being repeatedly beaten. [Los Angeles Times, 9/25/2006] Jamal died shortly thereafter while being helped outside to relieve himself by two Afghan kitchen workers. [Los Angeles Times, 9/21/2004] After Naseer’s death, the unit holds a meeting to discuss the incident. The team is told that Naseer died of a sex-related infection that shut down his kidneys. According to one soldier in the meeting, the point of discussion is “to make sure everybody’s on the same sheet of paper—this is what happened to the man”—in case there’s ever an investigation. Captain Craig Mallak, medical examiner for the US armed forces, says that Naseer’s death is never reported to his office (any death of a detainee is required to be reported unless the detainee is determined to have died of natural causes). Naseer’s body is transferred to a civilian hospital where no autopsy is performed. One hospital worker who prepares the body for burial will later tell the Times that Naseer’s body was “completely black” from bruising and injuries, and was “completely swollen, as were his palms, and the soles of his feet were swollen double in size.” [Los Angeles Times, 9/25/2006] Asked about such injuries, Dr. Michael Baden, a prominent forensic pathologist who works for the New York State Police, says the descriptions are inconsistent with death by organ failure. “You can’t confuse those. It sounds very much like blunt trauma.” A local physician who examined the survivors later confirmed that all of the men were suffering from similar trauma, with extensive bruising and seeping, and unbandaged wounds. [Los Angeles Times, 9/25/2006] Eventually, Ahmad Naseer and his comrades are secretly transferred to a civilian prison in Kabul, still without any formal charges. Afghan military prosecutors immediately launch an investigation into their unexplained detention. That inquiry eventually produces a 117-page report asserting that the detainees had been tortured and that there is a “strong probability” that one of the men had been “murdered.” The report speculates that the prolonged imprisonment was intended to give the detainees’ wounds time to heal. Fifty-eight days later, all of the prisoners are released; no charges are ever filed. [Los Angeles Times, 9/25/2006]

Entity Tags: Taliban, US Special Forces, Michael Baden, Pacha Khan, Al-Qaeda, Jamal Naseer, Ahmad Naseer, Craig Mallak

Timeline Tags: Torture of US Captives, War in Afghanistan

The Department of Homeland Security (DHS) raises the national threat level to orange, or “high.” DHS director Tom Ridge tells Americans, not for the first time (see February 7-13, 2003), to stock up on duct tape and plastic sheeting as protection against biological and/or radiological attacks. [Unger, 2007, pp. 293] The duct tape and plastic sheeting recommendations have become something of a national joke by this point, with Saturday Night Live comedians riffing on the topic and a Tom Ridge impersonator performing while wrapped in plastic sheeting for Ridge and President Bush at a recent Gridiron dinner. Late-night talk show host Jay Leno recently said after having Ridge on his show: “When problems seem overwhelming, simplistic solutions always seem funny. Duct tape and plastic sheeting? When the threat level goes down, it’ll be downgraded to Scotch tape and two Ziploc bags.” On a more serious note, David Ropeik of the Harvard Center for Risk Analysis says: “Ridge and the department need to come up with a better way of saying, ‘Be afraid.’ They say, ‘Be alert,’ and then out of the other side of their mouth they say, ‘Go about your normal lives.’ To most of us, those messages don’t mesh. They also need to be more specific. When the threat level goes from yellow to orange, tell us what we can do besides being more alert.” Gary Hart, the former Democratic senator who helped compile the report that eventually led to the creation of the department (see January 31, 2001), says: “The idea of using duct tape to protect yourself would resonate only if people could see the government taking action to protect you. But because the government has done so little against terrorism at home, it sounded as if they were saying, ‘You’re on your own.’” Ridge may have gotten the last laugh on Leno’s show, when Leno asked sardonically: “I’m sitting at home in my underpants watching the game and, boop, we’re in yellow. What do I do now?” Ridge replied, “Change shorts.” [New York Times, 3/17/2003]

Entity Tags: US Department of Homeland Security, David Ropeik, Gary Hart, Tom Ridge, George W. Bush, Jay Leno

Timeline Tags: Complete 911 Timeline

Wilson Brown, who has filed a petition with the Supreme Court asking that it reconsider its landmark 1953 US v Reynolds case (see March 9, 1953), receives an e-mail from Alison Massagli of the White House’s Foreign Intelligence Advisory Board. Massagli, who learned of the petition from an article in the Philadelphia Inquirer, wants a copy of Brown’s petition. Brown notices that Massagli sent a copy of the e-mail to Catherine Lotrionete of the National Security Council. Brown is pleased that the case has garnered some attention. He e-mails the plaintiffs he is representing, saying, “I thought you would find it interesting that at least one arm of the Executive Branch is interested in our case.” [Siegel, 2008, pp. 257]

Entity Tags: National Security Council, Alison Massagli, Issuetsdeah, US Supreme Court, Wilson Brown, Catherine Lotrionete

Timeline Tags: Civil Liberties

US broadcast and cable news outlets begin covering the first US strikes against Iraqi targets (see March 19, 2003 and March 19-20, 2003), but, as author and media critic Frank Rich will later note, their coverage often lacks accuracy. News broadcasts report “a decapitation strike” (see March 20, 2003) that lead US viewers to believe for hours that Saddam Hussein has been killed. CNN’s title card for its strike coverage reads, “Zero Hour for Iraq Arrives”; during its initial coverage, CNN features New York Times reporter Judith Miller, who credits “a slew of information from defectors” and other “intelligence sources”—those who had provided the foundation for Secretary of State Colin Powell’s “impressive speech to the United Nations” (see February 5, 2003)—with the imminent discovery and destruction of Iraq’s WMD stockpiles. “One person in Washington told me that the list could total more than 1,400 of those sites,” Miller says. Pentagon PR chief Victoria Clarke, who had created both the Pentagon’s “embed program” of reporters going into battle with selected military units (see February 2003) and the “military analysts” program of sending carefully selected retired flag officers to the press and television news programs to give the administration’s views of the war (see Early 2002 and Beyond), has overseen the construction of a briefing room for press conferences from US CENTCOM headquarters in Qatar: the $200,000 facility was designed by a production designer who had worked for, among others, Disney, MGM, and illusionist David Blaine. Clarke and the Pentagon marketing officials succeed in having their term to describe the initial assault, “shock and awe,” promulgated throughout the broadcast and cable coverage. (Fox and MSNBC will soon oblige the Pentagon by changing the name of their Iraqi coverage programming to the official administration name for the invasion, “Operation Iraqi Freedom.”) During the assault, as Rich will later write, “the pyrotechnics of Shock and Awe looked like a distant fireworks display, or perhaps the cool computer graphics of a Matrix-inspired video game, rather than the bombing of a large city. None of Baghdad’s nearly six million people were visible.” Pentagon spokesman Kenneth Bacon later says, “If you had hired actors [instead of the network news anchors], you could not have gotten better coverage.” [Rich, 2006, pp. 73-75]

Entity Tags: US Department of Defense, CNN, David Blaine, Frank Rich, Victoria (“Torie”) Clarke, Judith Miller, Kenneth Bacon

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

US forces fire more than 40 Tomahawk missiles at the Dora Farms compound on the Tigris River, where intelligence intercepts have indicated that Saddam Hussein may be holed up in an underground bunker. The Tomahawks are accompanied by “bunker-buster” bombs from F-117 Stealth fighters. The strike is an attempt to “decapitate” Iraq’s military and government by killing the dictator in the first hours of the assault (see March 19, 2003). The missile barrage destroys all of the building in the compound except the main palace. Unfortunately for the US military planners, Hussein is not at the compound; later intelligence learns that Hussein has not been at the Dora Farms complex since 1995. Hussein is at a safe house in Baghdad, watching the international television coverage of the strike and drafting a message to the Iraqi people. Hussein will remain in Baghdad for weeks, moving from safe house to safe house; though American forces will strike at numerous targets in Baghdad, none will come close to Hussein’s locations. [CBS News, 5/28/2003; New York Times, 3/12/2006; Unger, 2007, pp. 295]

Entity Tags: Saddam Hussein, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

President Bush asserts his own authority to take the nation to war over Congress’s constitutional powers. In a letter to Congress announcing the military strikes against Iraq, Bush briefly notes Congress’s authorization for military action (see October 11, 2002), but writes that he has ordered US troops into battle “pursuant to my authority as commander in chief.” The letter is sent to House Speaker Dennis Hastert (R-IL) and Senate President Pro Tempore Ted Stevens (R-AK). Bush made a similar, and similary unchallenged, assertion when he sent US troops into Afghanistan (see October 7, 2001). [Letter to congressional leaders reporting on the commencement of military operations against Iraq, 3/21/2003; Savage, 2007, pp. 158]

Entity Tags: Ted Stevens, George W. Bush, Dennis Hastert

Timeline Tags: Civil Liberties

Victoria Clarke, Assistant Secretary of Defense for Public Affairs, says during a televised briefing at the Pentagon that the administration knows about “a number of sites” where Iraq has weapons of mass destruction. Clarke refuses to provide any estimate of how many sites the US knows of. [Washington Post, 3/23/2003, pp. A27]

Entity Tags: Victoria (“Torie”) Clarke

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

A photo of a slain US soldier as broadcast on Al Jazeera.A photo of a slain US soldier as broadcast on Al Jazeera. [Source: Al Jazeera / TheWE (.cc)]With the first broadcast of graphic, disturbing images from the Iraq war on Al Jazeera television news shows, the media coverage of the US strike begins turning away from what media critic Frank Rich will later call “cheerleading” (see March 19-20, 2003) to a more somber assessment of the events taking place in Iraq. Defense Secretary Donald Rumsfeld, appearing on CBS’s Face the Nation, is embarrassed when host Bob Schieffer shows part of an Al Jazeera film clip of US troops being killed. (The Pentagon is also denying media reports that around ten US soldiers were either captured or missing. The juxtaposition is inopportune for Rumsfeld and the “shock and awe” story he and the Defense Department wish to tell.) The Pentagon will quickly decide that for the US media to show such images violates “the principles of the Geneva Conventions” and attempt to stop them from being shown in the American press. The Pentagon’s proscription of such images being published and broadcast is only partially successful. ABC news anchor Charles Gibson engages in an on-air discussion of the propriety of airing such images with reporter Ted Koppel. Gibson says to broadcast such disturbing images would be “simply disrespectful,” a point with which Koppel, embedded with the Third Infantry Division, disagrees. The news media is “ginning up patriotic feelings” in covering the war, Koppel says: “I feel that we do have an obligation to remind people in the most graphic way that war is a dreadful thing.… The fact of the matter is young Americans are dying. Young Iraqis are dying. And I think to turn our faces away from that is a mistake.… To sanitize it too much is a dreadful mistake.” However, Koppel’s is not a popular argument. CNN decided at the onset of the war to minimize its broadcast of graphic imagery in deference to “the sensibilities of our viewers.” The other US television news outlets make similar decisions, leaving it to the BBC and other non-American news organizations to show what Rich calls “the savagery and blood of warfare.” Ex-Marine Anthony Swofford, who wrote the bestseller Jarhead about his experiences during the 1991 Gulf War, later says the television coverage is so sanitized that he quickly shut off his TV “and stayed with the print.… [T]he actual experience of combat doesn’t make it to the other side of the screen.” [Rich, 2006, pp. 76]

Entity Tags: Donald Rumsfeld, Al Jazeera, Anthony Swofford, Bob Schieffer, Charles Gibson, US Department of Defense, Ted Koppel, Geneva Conventions, Frank Rich

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Defense Secretary Donald Rumsfeld says on CBS’s “Face the Nation”: “We have seen intelligence over many months that they have chemical and biological weapons, and that they have dispersed them and that they’re weaponized and that, in one case at least, the command and control arrangements have been established.” [Village Voice, 6/18/2003]

Entity Tags: Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

Arab League ministers meeting in Cairo pass a resolution declaring the war on Iraq to be a “violation of the United Nations Charter (see 1942)” and a “threat to world peace.” They demand an unconditional withdrawal of US and British forces from Iraq. The resolution is adopted unanimously by the 22-member League except for key US ally Kuwait. [BBC, 3/25/2003] The Bush administration has repeatedly claimed that one of the reasons for invading Iraq was because Saddam Hussein’s alleged arsenal of weapons of mass destruction posed a threat to its neighbors (see January 10, 2001, February 24, 2001, August 15, 2002, and September 8, 2002).

Timeline Tags: Events Leading to Iraq Invasion

Time magazine reports that the 9/11 Commission has requested an additional $11 million to add to the $3 million for the commission, and the Bush administration has turned down the request. The request will not be added to a supplemental spending bill. A Republican member of the commission says the decision will make it “look like they have something to hide.” Another commissioner notes that the recent commission on the Columbia shuttle crash will have a $50 million budget. Stephen Push, a leader of the 9/11 victims’ families, says the decision “suggests to me that they see this as a convenient way for allowing the commission to fail. they’ve never wanted the commission and I feel the White House has always been looking for a way to kill it without having their finger on the murder weapon.” The administration has suggested it may grant the money later, but any delay will further slow down the commission’s work. Already, commission members are complaining that scant progress has been made in the four months since the commission started, and they are operating under a deadline. [Time, 3/26/2003] Three days later, it is reported that the Bush administration has agreed to extra funding, but only $9 million, not $11 million. The commission agrees to the reduced amount. [Washington Post, 3/29/2003] The New York Times criticizes such penny-pinching, saying, “Reasonable people might wonder if the White House, having failed in its initial attempt to have Henry Kissinger steer the investigation, may be resorting to budgetary starvation as a tactic to hobble any politically fearless inquiry.” [New York Times, 3/31/2003]

Entity Tags: 9/11 Commission, Stephen Push, Bush administration (43)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Embroiled in controversy over multiple conflicts of interests, Richard Perle resigns his position as chairman of the Defense Advisory Panel (DAP). [CNN, 3/28/2003] His resignation is the result of criticism of his mix of business activities as an investor, consultant, lobbyist, and political advocacy as an adviser to Secretary of Defense Donald Rumsfeld. In the weeks prior to his resignation, the New Yorker revealed that Perle’s venture capital firm, Trireme Partners LP, solicited funds from Saudi financiers, despite Perle’s vociferous criticisms of the Saudi government (see March 17, 2003). (Perle had notably invited a RAND Corp. analyst to give the DAP a briefing advocating the overthrow of the Saudi regime.) In the New Yorker article, the Saudi ambassador to the United States, Prince Bandar, said, “Here he is, on the one hand, trying to make a hundred-million-dollar deal, and, on the other hand, there were elements of the appearance of blackmail—‘If we get in business, he’ll back off on Saudi Arabia’—as I have been informed by participants in the meeting.” [New Yorker, 3/17/2003; Washington Report on Middle East Affairs, 5/2003; Washington Post, 7/24/2004]

Entity Tags: Defense Policy Board, Richard Perle, Bandar bin Sultan, Trireme Partners LP

Timeline Tags: Neoconservative Influence

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. [Los Angeles Times, 3/28/2003] Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). [New York Times, 2/6/2003] Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. [Newsweek, 9/30/2002] Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. [Los Angeles Times, 3/28/2003]

Entity Tags: Al-Qaeda, Richard A. Clarke, Khalid Shaikh Mohammed, Osama bin Laden, Abdallah bin Khalid al-Thani, United States, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld tells George Stephanopolous of ABC News: “We know where they [the chemical and biological weapons] are. They’re in the area around Tikrit and Baghdad and east, west, south and north somewhat.” [ABC, 4/30/2003; Carnegie Endowment for International Peace, 7/17/2003]

Entity Tags: Donald Rumsfeld

Timeline Tags: Events Leading to Iraq Invasion, Iraq under US Occupation

According to multiple sources, the Defense Department’s head of intelligence, Stephen Cambone, dispatches a quasi-military team to Iraq in the weeks after the invasion. Cambone’s “off-the-books” team, consisting of four or five men, operates under the auspices of Defense Department official Douglas Feith and the Office of Special Plans (OSP—see September 2002). The team is tasked to secure the following, in order of priority: downed Navy pilot Scott Speicher, Iraq’s WMD stockpiles, and Saddam Hussein. The sources, who speak to reporter Larisa Alexandrovna in 2006 on the condition of anonymity, include three US intelligence sources and a person with close ties to the United Nations Security Council. Speicher, classified as “killed in action” (KIA) after being shot down in 1991 during Operation Desert Storm, was touted by Iraqi National Congress leader Ahmed Chalabi (see 1992-1996, November 6-8, 2001, December 20, 2001, and February 2002) as alive and held as a prisoner of war as part of Chalabi’s push for the US invasion of Iraq. Chalabi also told Bush administration officials of enormous stockpiles of chemical and biological WMD throughout Iraq (see Summer 2002, Fall 2002, and Early 2003). Cambone’s team operates outside the auspices of other officially sanctioned groups such as Task Force 20 and other units operating in Iraq before the invasion itself, though the team may be comprised of TF20 personnel. The team is not tasked with actually finding and destroying any WMD stockpiles so much as it is ordered to find such a stockpile and thereby solve what the UN Security Council source calls the administration’s “political WMD” problem. “They come in the summer of 2003, bringing in Iraqis, interviewing them,” the UN source later says. “Then they start talking about WMD and they say to [these Iraqi intelligence officers] that ‘Our president is in trouble. He went to war saying there are WMD and there are no WMD. What can we do? Can you help us?’” [Raw Story, 1/5/2006]

Entity Tags: US Department of Defense, Ahmed Chalabi, Bush administration (43), Douglas Feith, Office of Special Plans, Michael Scott Speicher, Larisa Alexandrovna, Stephen A. Cambone

Timeline Tags: Iraq under US Occupation

The Justice Department advises in a set of legal memorandums that if “government officials… are contemplating procedures that may put them in violation of American statutes that prohibit torture, degrading treatment or the Geneva Conventions, they will not be responsible if it can be argued that the detainees are formally in the custody of another country.” That is because, according to one official, “It would be the responsibility of the other country.” The memos seem to suggest that top government officials may be concerned that they are in violation of international laws. One administration figure involved in discussions about the memos tells the New York Times in May 2004: “The criminal statutes only apply to American officials. The question is how involved are the American officials.” [New York Times, 5/13/2004]

Timeline Tags: Torture of US Captives, Civil Liberties

As the initial media exuberance over the “shock and awe” assault on Iraq (see March 19-20, 2003) begins to fade, questions begin to mount about the plans for rebuilding Iraq after the invasion and inevitable toppling of the Saddam Hussein regime. Bush administration officials had assumed that military operations would end in 30 days, according to White House briefings. Some senior administration officials admit to the New York Times that that assumption now seems “overly optimistic.” As reported by David Sanger, those officials “say that the American military will likely need to retain tight control over the country for longer than they anticipated.” But administration officials insist that they remain committed to giving over control of the country to the newly liberated Iraqis very soon. “The Iraqi people will administer Iraq,” says White House press secretary Ari Fleischer, adding that President Bush is as committed to that goal now as he was before the war began. However, some military officials now admit that the Iraqi resistance is far stiffer than had been anticipated, and the reception of American occupiers by the Iraqi people has been far less welcoming than US planners foresaw. The White House says that initial plans for an “Iraqi Interim Authority” as the genesis of a new Iraqi government have been put on hold until Baghdad can be secured and the remnants of the Hussein regime can be eliminated. Similarly, plans to turn over power to local Iraqi governance have also been delayed indefinitely, until cities like Basra can be purged of guerrilla resistance. “There were many of us who hoped to be creating a new government even before Iraq was fully under coalition control,” says one senior official. The White House intended to demonstrate quickly that “this is a liberation, not an occupation.” Now, “[t]hat may not be possible for some weeks.” To make matters more difficult, turf wars between the State Department and the Pentagon are inhibiting efforts to implement post-invasion plans, with Defense Department officials such as Douglas Feith blocking the hiring of outside experts for General Jay Garner’s reconstruction team (see January 2003). State officials say that Feith and other Pentagon ideologues want to place “like-minded former officials who have strong views about what a new Iraq should look like” in those slots, a charge which the Pentagon denies. [New York Times, 4/2/2003]

Entity Tags: US Department of State, Ari Fleischer, Bush administration (43), Jay Garner, David Sanger, George W. Bush, Douglas Feith, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives

Senator Rick Santorum (R-PA) makes a controversial statement concerning gay rights. He makes the statements in an interview with an Associated Press reporter on April 7; the interview will be published on April 20. Santorum, a fervent anti-gay activist, explains his opposition to gay rights, saying: “I have no problem with homosexuality. I have a problem with homosexual acts. As I would with acts of other, what I would consider to be, acts outside of traditional heterosexual relationships. And that includes a variety of different acts, not just homosexual. I have nothing, absolutely nothing against anyone who’s homosexual. If that’s their orientation, then I accept that. And I have no problem with someone who has other orientations. The question is, do you act upon those orientations? So it’s not the person, it’s the person’s actions. And you have to separate the person from their actions.” Asked if the law should ban homosexual acts, Santorum responds by criticizing a recent Supreme Court decision striking down a Texas anti-sodomy statute, saying: “We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does. It all comes from, I would argue, this right to privacy that doesn’t exist in my opinion in the United States Constitution, this right that was created, it was created in Griswold—Griswold was the contraceptive case—and abortion. [Santorum is referring to Griswold v. Connecticut, wherein the US Supreme Court threw out a Connecticut ban on contraception.] And now we’re just extending it out. And the further you extend it out, the more you—this freedom actually intervenes and affects the family. You say, ‘Well, it’s my individual freedom.’ Yes, but it destroys the basic unit of our society because it condones behavior that’s antithetical to strong healthy families. Whether it’s polygamy, whether it’s adultery, where it’s sodomy, all of those things, are antithetical to a healthy, stable, traditional family. Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing.” The unidentified reporter interrupts Santorum by saying, “I’m sorry, I didn’t think I was going to talk about ‘man on dog’ with a United States senator, it’s sort of freaking me out.” Santorum defends his juxtaposition by saying: “And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.” Santorum says that if elected president, he would let “the democratic process” decide on a state level whether to limit or remove the constitutional right to privacy. “If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in,” he says. [Associated Press, 4/23/2003; CNN, 4/23/2003] Santorum’s remarks will draw heavy criticism. The Associated Press reporter who interviews Santorum is later identified as Lara Jakes Jordan; the AP often does not identify reporters with a byline (see April 23, 2003 and After).

Entity Tags: Lara Jakes Jordan, US Supreme Court, Rick Santorum, Associated Press

Timeline Tags: Domestic Propaganda

In 2007, CIA Director George Tenet will write in a book, “Once US forces reached Baghdad (see April 9, 2003), they discovered—stacked where they could easily find them—purported Iraqi intelligence service documents that showed much tighter links between Saddam [Hussein] and [Abu Musab] al-Zarqawi, and Saddam and al-Qaeda.” CIA analysts work with the Secret Service to check the paper and ink, plus to verify the details mentioned in the documents. But “time and again” the documents turn out to be forgeries. “It was obvious that someone was trying to mislead us. But these raw, unevaluated documents that painted a more nefarious picture of Iraq and al-Qaeda continued to show up in the hands of senior [Bush] administration officials without having gone through normal intelligence channels.” [Tenet, 2007, pp. 356] For instance, one forged document found in December 2003 and reported on by the press will purport that 9/11 hijacker Mohamed Atta went to Iraq to be trained by Iraqi intelligence agents (see December 14, 2003). Tenet will not speculate who is behind the forgeries.

Entity Tags: George J. Tenet, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

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