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Context of 'October 29, 2007: Sibel Edmonds Offers to Break Gag Orders, Tell All and Name Names on National TV; No Network Accepts Offer'

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as détente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

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

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

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

A 2007 satellite image of the Khan Research Laboratories in Kahuta.A 2007 satellite image of the Khan Research Laboratories in Kahuta. [Source: GeoEye]Richard Barlow, an analyst working on Pakistan’s nuclear program who was released by the State Department in the early 1980s (see 1981-1982), is hired by the CIA’s Office of Scientific and Weapons Research (OSWR). Barlow re-analyzes the data and confirms his earlier conclusions—that Pakistan is pursuing a covert nuclear weapons program. Barlow learns about the trade in dual-use components—tools and equipment that can be used to make nuclear weapons, but also for other, non-nuclear purposes, meaning trade in them is hard to spot and regulate. One example of this is a California couple that exports dozens of high-speed cathode-ray oscilloscopes and special cameras to Hong Kong, where they are picked up by Pakistani agents. Barlow realizes that such a large number of oscilloscopes must be for nuclear weapons manufacturing, and also finds a link between the purchase and the Pakistan Atomic Energy Commission (PAEC). Barlow will later comment, “There was tons of it and most of it was ending up in [Pakistan]. Pakistan had a vast network of procurers, operating all over the world.” Barlow also finds that the material is going to a secret nuclear facility near Islamabad, the Khan Research Laboratories, where sensors pick up high levels of enriched uranium in the air and in dust on [trucks] leaving the laboratories. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Despite this, in order to prevent Congress from cutting of aid to the anti-Soviet mujaheddin, which flows through Pakistan, US authorities will repeatedly insist Pakistan is not working on a nuclear program (see August 1985-October 1990).

Entity Tags: Richard Barlow, Office of Scientific and Weapons Research (CIA), Central Intelligence Agency, Pakistan Atomic Energy Commission, Kahuta Research Laboratories

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

In 1985, US Congress passes legislation requiring US economic sanctions on Pakistan unless the White House can certify that Pakistan has not embarked on a nuclear weapons program (see August 1985 and August 1985). The White House certifies this every year until 1990 (see 1987-1989). However, it is known all the time that Pakistan does have a continuing nuclear program. For instance, in 1983 a State Department memo said Pakistan clearly has a nuclear weapons program that relies on stolen European technology. Pakistan successfully builds a nuclear bomb in 1987 but does not test it to keep it a secret (see 1987). With the Soviet-Afghan war ending in 1989, the US no longer relies on Pakistan to contain the Soviet Union. So in 1990 the Pakistani nuclear program is finally recognized and sweeping sanctions are applied (see June 1989). [Gannon, 2005] Journalist Seymour Hersh will comment, “The certification process became farcical in the last years of the Reagan Administration, whose yearly certification—despite explicit American intelligence about Pakistan’s nuclear-weapons program—was seen as little more than a payoff to the Pakistani leadership for its support in Afghanistan.” [New Yorker, 3/29/1993] The government of Pakistan will keep their nuclear program a secret until they successfully test a nuclear weapon in 1998 (see May 28, 1998).

Entity Tags: US Congress, White House, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

USS ‘Stark’ after being struck by Iraqi missile.USS ‘Stark’ after being struck by Iraqi missile. [Source: US Department of Defense]Two missiles from an Iraqi F-1 Mirage warplane strike the USS Stark, killing 37 of the sailors aboard. The frigate is a member of a US naval task force sent to the Persian Gulf to keep the Gulf open for shipping during the Iran-Iraq War. The Iraqi fighter locks weapons on the Stark three minutes before firing; the commander of the ship refuses to issue the standard “back off” warning to the Iraqi pilot. The first missile bores deep into the ship but fails to explode; the second missile explodes, incinerating the crew’s quarters, the radar room, and the combat information center. The ship burns for two days. [PBS, 2000; Peniston, 2006, pp. 61-63]
Diverting Blame onto Iran - The Pentagon later claims that the Stark indeed warned the fighter pilot not to approach. Iraq quickly apologizes for the attack. The US continues to patrol the Gulf, and continues its program of re-registering Kuwaiti oil tankers under the American flag in order to protect them from Iranian attacks. A diplomat says that given the scale of casualties in the incident, the American public is going to start asking “what the hell is the US doing in the Gulf?” Iran calls the attack on the Stark a “divine blessing.” US officials quickly divert blame for the attack on Iran, accepting an Iraqi explanation that the fighter pilot must have mistaken the US warship for an Iranian vessel. [Guardian, 5/19/1987]
Excusing Iraq, Punishing 'Stark' Commander - “We’ve never considered them hostile at all,” says President Reagan in regards to Iraq’s military. “They’ve never been in any way hostile.… And the villain in the piece is Iran.” Senator John Warner (R-VA), a former secretary of the Navy, denounces Iran as “a belligerent that knows no rules, no morals.” Fellow senator John Glenn (D-OH) calls Iran “the sponsor of terrorism and the hijacker of airliners.” Iraq later determines that the Stark was in its so-called “forbidden zone,” and refuses to produce the pilot for any disciplinary action. The only punishment for the attack is suffered by the captain of the Stark, Glenn Brindel, who is relieved of his command, and his executive officer, who is punished for “dereliction of duty.” [TomDispatch (.com), 5/3/2007]
Lawsuits Dismissed - Two wrongful death lawsuits arising from the attacks will later be dismissed due to the “state secrets” privilege (see June 13, 1991 and September 16, 1992).

Entity Tags: US Department of Defense, US Department of the Navy, Glenn Brindel, John Glenn, John W. Warner, Ronald Reagan

Timeline Tags: US-Iraq 1980s

Following an incident where a Pakistani procurement agent was arrested in the US trying to buy components for a nuclear weapon (see Before July 1987), there is a serious row about it between a CIA manager and a CIA analyst at a Congressional hearing. The hearing is called by Stephen Solarz (D-NY), chairman of the House Subcommittee on Asian and Pacific Affairs, to vet intelligence concerning Pakistan’s nuclear weapons program. CIA manager General David Einsel says it is “not cut and dried” that the arrested Pakistani, Arshad Pervez, and his handler, Inam ul-Haq, are agents of the Pakistani government. Richard Barlow, a CIA analyst there to help Einsel, is surprised by the false answer, as it is a criminal offense to lie to Congress. He realizes, “Einsel’s testimony was highly evasive, and deliberately so.” He will also later comment: “These congressmen had no idea what was really going on in Pakistan and what had been coming across my desk about its WMD program. They did not know that Pakistan already had a bomb and was shopping for more with US help. All of it had been hushed up.” When Barlow is asked the same question, he says it is “clear” Pervez is working for Pakistan, at which point Einsel screams, “Barlow doesn’t know what he’s talking about.” Solarz then asks whether there are any more cases involving the Pakistan government. Einsel says there are not, but Barlow replies, “Yes, there have been scores of other cases.” Barlow is then hustled out of the room and returns to CIA headquarters. A senior government official not cleared to attend the briefing comes in and tries to repair the damage, saying that Barlow was referring to intelligence reports, but “not all intelligence reports are accurate.” The official will later indicate that he is not proud of what he does, saying, “I didn’t know what I was getting into.” [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will subsequently be forced out of the CIA because of this hearing (see August 1987-1988).

Entity Tags: Stephen Solarz, Richard Barlow, Inam ul-Haq, House Subcommittee on Asian and Pacific Affairs, Arshad Pervez, Office of Scientific and Weapons Research (CIA), David Einsel, Central Intelligence Agency

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

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

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

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

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

Timeline Tags: Civil Liberties

Crew members monitor radar screens in the combat information center aboard the <i>Vincennes.</i> This photo was taken by a crew member in January 1988.Crew members monitor radar screens in the combat information center aboard the Vincennes. This photo was taken by a crew member in January 1988. [Source: Public domain]The USS Vincennes, a state-of-the-art Aegis guided missile cruiser patrolling the Strait of Hormuz in an effort to keep oil tankers safe from Iranian and Iraqi depredations, detects an Iranian aircraft apparently closing in on its position. The captain and crew of the Vincennes are aware of previous attacks on US ships and Kuwaiti oil tankers by Iranian gunboats, and know of the attack a year before on the USS Stark by an Iraqi fighter (see May 17, 1987 and After). Just a half-hour before, the Vincennes itself had fired on Iranian gunboats. Captain Will Rogers III has seven minutes to decide what to do about the aircraft, which he and his radar operators believe is most likely an Iranian F-14. Although the first transmission from the Iranian aircraft identifies itself as “commair”—commercial aircraft—the radio operator forgets to reset his receiver, and subsequently receives transmissions from Iranian military aircraft which he mistakenly attributes to the incoming aircraft. When the aircraft is nine miles away, Rogers fires two SM-2 surface-to-air missiles at the aircraft. At least one missile hits the plane, which is not a military fighter, but Iran Air Flight 655, a civilian Boeing 747 carrying 290 passengers. The missile slices the airliner in half; all 290 passengers, including 66 children, die. Though the international community is outraged, the White House and the Pentagon defend the Vincennes’s action. The UN Security Council will not condemn the attack, and President Reagan volunteers to pay compensation to the families. The Navy is embarrassed that in the first real military action from one of its new Aegis cruisers, it had shot down an unarmed civilian aircraft. An investigation proves that the aircraft had been well within a commercially designated flight path, and was not descending in a threatening manner, as was initially claimed by both Vincennes personnel and Pentagon officials. No disciplinary actions against Rogers or any of his crew are ever taken. During the 1988 presidential campaign, Vice President George H. W. Bush will frequently say of the incident: “I will never apologize for the United States of America. I don’t care what the facts are.” [New York Times, 11/9/1988; TomDispatch (.com), 5/3/2007; History (.com), 2008]

Entity Tags: US Department of the Navy, Will Rogers III, United Nations Security Council, George Herbert Walker Bush

Timeline Tags: US confrontation with Iran

Richard Barlow, an analyst previously forced out of the State Department and CIA for coming to the politically unacceptable conclusion that Pakistan has a nuclear weapons program (see 1981-1982 and August 1987-1988), is hired by the Office of the Secretary of Defense at the Pentagon to become its first weapons of mass destruction intelligence analyst. Shortly after arriving, Barlow again builds up “a stack of evidence” about Pakistan’s WMD program, including intelligence that the Pakistan army was experimenting with a delivery system for its nuclear bomb, using US-provided technology. Barlow concludes, “Our side was at it again.” [Guardian, 10/13/2007] In the summer of 1989, Barlow is involved in investigating four criminal cases involving senior officers of the Pakistani Army who had attempted to make illegal purchases in the US or abroad of American-made nuclear-related materials, including highly enriched uranium. One of the cases involves evidence showing that Pakistan is attempting to obtain dual-use items for its nuclear program by claiming that the materials are to be used for its F-16 fleet. [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

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

Richard Barlow, a WMD analyst at the Pentagon, is commissioned to write an intelligence assessment for Defense Secretary Dick Cheney about Pakistan’s nuclear program. The report is apparently “stark,” indicating that the program is ongoing and Pakistan has configured US-made fighters to drop nuclear bombs, despite promising not to do so. Barlow also says that Pakistan is still trying to procure components and will start selling its technology to other nations (note: it is already doing so—see 1987). Barlow’s analysis is supported by a separate Defense Intelligence Agency study, which reaches the same conclusion. Barlow will later say, “Officials at the [Office of the Secretary of Defense] kept pressurizing me to change my conclusions.” When he refuses to do so, however, files start to go missing from his office and a secretary tells him a senior official has been intercepting his papers. In July, one of the Pentagon’s top salesmen criticizes him for trying to scupper a forthcoming deal to sell another 60 F-16s to Pakistan (see August-September 1989). Barlow refuses to change the report, but after he is fired he finds that it has been rewritten to say that continued US aid to Pakistan will ensure the country stops its WMD program. [New Yorker, 3/29/1993; Guardian, 10/13/2007]

Entity Tags: US Department of Defense, Richard Barlow, Pakistan

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

Arthur Hughes.Arthur Hughes. [Source: Middle East Institute]The US agrees to sell Pakistan 60 more F-16 fighter jets in a deal worth $1.5 billion. The US previously sold forty F-16s to Pakistan and Pentagon analyst Richard Barlow believes they were adapted to carry nuclear weapons, in conflict with a promise made by the Pakistanis (see 1983-7). Despite this, shortly before the sale goes through, the Pentagon falsely claims to Congress, “None of the F-16s Pakistan already owns or is about to purchase is configured for nuclear delivery.” Deputy Assistant Secretary of Defense Arthur Hughes also tells Congress that the nuclear wiring has been removed from the planes and that to equip them to deliver nuclear bombs, “it first would be necessary to replace the entire wiring package of the aircraft.”
Testimony Known to Be False - However, this is contradicted by Pentagon analysis and the US intelligence community is well aware that the Pakistani air force has already practiced delivery of nuclear weapons by F-16s. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later say the US intelligence community was certain Pakistan had nuclear weapons (see 1987): “The evidence was unbelievable. I can’t go into it—but on a scale of 1 to 10, in terms of intelligence evidence, it was a 10 or 11. It doesn’t get any better than that.” Regarding the F-16 fighters, he will add: “All the top experts had looked at this question in detail for years, and it was a cold hard engineering question. There was no question about it—the jets could easily be made nuke-capable, and we knew that Pakistan had done just that.” [Raw Story, 4/30/2007] Barlow therefore urges that the testimony be corrected, but he is fired from his position two days later (see August 4, 1989). The US should not agree to the sale, as it has passed a law saying it will not sell such equipment to countries that obtain nuclear weapons, but President Reagan has repeatedly and falsely certified that Pakistan does not have a nuclear device, so the contract is signed. However, the deal will collapse the next year when President Bush fails to certify that Pakistan does not have a nuclear weapon (see October 1990). [New Yorker, 3/29/1993; Guardian, 10/13/2007]
Motivation Said to Be Profit - Given that the Soviet-Afghan War is over and there is therefore no need to be friendly with Pakistan to ensure it supports the anti-Soviet jihad in Afghanistan, Barlow believes that Hughes is lying not to support US national interests, but simply for the profits to be made by the planes’ manufacturer. “They sold out the world for an F-16 sale,” Barlow will comment. [Raw Story, 4/30/2007]

Entity Tags: Richard Barlow, Arthur Hughes, Pakistan

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

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

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

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

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

A Pentagon investigation finds that Richard Barlow, an analyst of Pakistan’s nuclear program, is not a security risk. Based on the investigation, Barlow is told, “after thorough investigation . . . any question of your trustworthiness for access to sensitive information was resolved in a manner completely favorable to you.” His top-secret security clearances are reinstated, but the Pentagon does not restore his clearances to compartmentalized intelligence, without which he cannot do his job. Therefore, Barlow remains in the Pentagon personnel pool, where he performs menial tasks. Barlow was fired from his position in August 1989 (see August 4, 1989), and has been in the pool since then. According to his superiors, he was dismissed for “poor performance” and due to the worry he was a security risk, although it appears that it was actually due to his opposition to false Congressional testimony by a Pentagon official intended to smooth the way for a large sale of F-16 fighters to Pakistan (see August-September 1989). [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

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

As tensions escalate between the US and Iraq, Iraqi officials circulate a note to all the embassies in Baghdad, directing them to register all of the civilians in their care with the authorities. Failure to comply can result in execution, the note implies. Such registration can only be done in person at Iraqi governmental offices; Deputy Chief of Mission Joseph Wilson, the ranking US diplomat in Baghdad, knows that bringing American citizens in for registration may well result in those Americans being taken hostage. He is housing some 60 Americans at the ambassador’s residence for their protection. He will later write: “It was clearly a way for the Iraqis to replenish their stock of hostages. The choice, theoretically, was either to turn over Americans or to defy the note and risk execution.” Instead of making the choice, Wilson uses the order to publicly defy the Iraqis. He schedules a press conference and has a Marine make him a hangman’s noose. Wearing the noose, he tells reporters that if Saddam Hussein “wants to execute me for keeping Americans from being taken hostage, I will bring my own f_cking rope.” The press conference, like all of the embassy press conferences, is off the record, but journalists release the story anyway. A garbled, erroneous version from a French news outlet has the Iraqis planning to hang Wilson by sundown. Iraqi Foreign Minister Tariq Aziz, angered and embarrassed by the press coverage, attempts to dress down Wilson that evening, but Wilson refuses to back down. Instead, the Iraqis withdraw the request. Soon after, President Bush sends Wilson a cable lauding his courage and his outspokeness (see November 29, 1990). [Wilson, 2004, pp. 153-154; Unger, 2007, pp. 311] Conservative columnist Robert Novak co-writes a piece about Wilson that says, “He shows the stuff of heroism.” Novak will later reveal the covert CIA status of Wilson’s wife, Valerie Plame Wilson, as an act of political retaliation (see July 14, 2003). [Wilson, 2004, pp. 153-154]

Entity Tags: Tariq Aziz, Joseph C. Wilson, Robert Novak, Saddam Hussein, George Herbert Walker Bush

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Terry Nichols.Terry Nichols. [Source: Oklahoma City Police Department]White separatist Terry Nichols (see March 24, 1988 - Late 1990, December 22 or 23, 1988, April 2, 1992 and After, and October 12, 1993 - January 1994) makes a number of trips to the Phillippines, apparently to meet with al-Qaeda bomber Ramzi Yousef and other radical Islamists. Nichols will later help plan and execute the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Nichols’s wife is a mail-order bride from Cebu City; Nichols spends an extensive amount of time on the island of Mindanao, where many Islamist terror cells operate. This information comes from a Philippine undercover operative, Edwin Angeles, and one of his wives. Angeles is the second in command in the militant group Abu Sayyaf from 1991 to 1995 while secretly working for Philippine intelligence at the same time (see 1991-Early February 1995). After the Oklahoma City bombing, Angeles will claim in a videotaped interrogation that in late 1992 and early 1993 Nichols meets with Yousef and a second would-be American terrorist, John Lepney. In 1994, Nichols meets with Yousef, Lepney, and others. For about a week, Angeles, Yousef, Nichols, and Lepney are joined by Abdurajak Janjalani, the leader of Abu Sayyaf; two members of the Moro Islamic Liberation Front (MILF); Abdul Hakim Murad and Wali Khan Amin Shah, both of whom are working with Yousef on the Bojinka plot (see January 6, 1995); and a half-brother of Yousef known only by the alias Ahmad Hassim (this is a probable reference to Yousef’s brother Abd al-Karim Yousef, who is living in the Philippines at this time). Elmina Abdul, Angeles’s third wife, will add additional details about these 1994 meetings in a taped 2002 hospital confession to a Philippines reporter days before her death. She only remembers Nichols as “Terry” or “The Farmer,” and doesn’t remember the name of the other American. She says: “They talked about bombings. They mentioned bombing government buildings in San Francisco, St. Louis, and in Oklahoma. The Americans wanted instructions on how to make and to explode bombs. [Angeles] told me that Janjalani was very interested in paying them much money to explode the buildings. The money was coming from Yousef and the other Arab.” [Gulf News, 4/3/2002; Insight, 4/19/2002; Manila Times, 4/26/2002; Insight, 6/22/2002; Nicole Nichols, 2003] (“The other Arab” may be a reference to the Arab Mohammed Jamal Khalifa, Osama bin Laden’s brother-in-law, because Janjalani’s younger brother later claims Abu Sayyaf was funded in its early years by Yousef and Khalifa.) [CNN, 1/31/2007] Abdul claims Nichols and Lepney are sent to an unnamed place for more instructions on bomb-making to destroy a building in the US. She also says that Angeles and others in Abu Sayyaf believe Yousef works for the Iraqi government. [Insight, 6/22/2002] The Manila Times later reports that “Lepney did indeed reside and do business in Davao City [in the Southern Philippines] during 1990 to 1996.” One bar owner recalls that when Lepney got drunk he liked to brag about his adventures with local rebel groups. [Manila Times, 4/26/2002] In 2003, Nicole Nichols (no relation to Terry Nichols), the director of the watchdog organization Citizens against Hate, will explain why an American white supremacist would make common cause with Islamist terrorists. Two unifying factors exist, she writes: an overarching hatred of Jews and Israel, and a similarly deep-seated hatred of the US government. [Nicole Nichols, 2003] After Nichols takes part in the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Wali Khan Amin Shah will attempt to take the credit for plotting the bombing for himself and Yousef, a claim federal authorities will not accept (see April 19, 1995 and 10:00 a.m. April 19, 1995 and After).

Entity Tags: Moro Islamic Liberation Front, Mohammed Jamal Khalifa, Ramzi Yousef, Wali Khan Amin Shah, Nicole Nichols, Elmina Abdul, Terry Lynn Nichols, Abu Sayyaf, Edwin Angeles, Abd al-Karim Yousef, John Lepney, Abdul Hakim Murad, Abdurajak Janjalani

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Senator Jeff Bingaman (D-NM), a member of the Senate Armed Services Committee, asks the Defense Department to re-open its inquiry into the sacking of Richard Barlow, an analyst who worked on assessments of Pakistan’s nuclear program (see August 4, 1989). The request is made because Bingaman has seen evidence that a report by the Pentagon’s inspector general mischaracterized or possibly even fabricated evidence against Barlow. [New Yorker, 3/29/1993] The inspector general will write a report clearing Barlow, but this report will be rewritten to damage him (see Before September 1993).

Entity Tags: Jeff Bingaman, Richard Barlow, Senate Armed Forces Committee, US Department of Defense

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

A combined inquiry by the inspectors general of the Defense Department, CIA, and State Department finds that numerous charges made against Richard Barlow (see 1981-1982 and August 4, 1989), a former analyst of Pakistan’s nuclear weapons program for all three agencies, are without merit. However, the report is re-written before it is published. Lead inspector Sherman Funk finds that the accusation that Barlow is a traitor is “an error not supported by a scintilla of evidence,” adding, “The truth about Barlow’s termination is, simply put, that it was unfair and unwarranted.” Funk calls the whole affair “Kafka-like” and says Barlow was fired for “refusing to accede to policies which he knew to be wrong.” Despite this, the report is rewritten before it is published. The new version exonerates the Pentagon and says that Pakistan does not have nuclear weapons, although the US is well aware it does (see July 1987 or Shortly After). [New Yorker, 3/29/1993; Guardian, 10/13/2007] Funk will comment: “Yesterday, I received a copy of the Barlow report I had co-signed. Reviewing it I was startled and dismayed to realize that the summary of conclusions had not been revised to reflect the changes we had made.” [Levy and Scott-Clark, 2007, pp. 233, 507]
Fabricated Evidence - Commenting on an earlier version of the Pentagon inspector general’s report, one of Barlow’s former bosses, Gerald Oplinger, said that it contained evidence fabricated by the inspector general’s office. The report alleges that Oplinger deliberately inflated his annual evaluation of Barlow in order to avoid “an unpleasant personnel situation.” However, in a sworn affidavit Oplinger says this charge is “devoid of merit,” and also denies ever having spoken to anyone from the inspector general’s office, even though an interview with him is listed as one of the sources for the report.
'Many' Colleagues Support Barlow - Journalist Seymour Hersh previously interviewed “many” of Barlow’s former CIA and State Department colleagues and they confirmed Barlow’s essential allegation—that the full story of the Pakistani purchases was deliberately withheld from Congress, for fear of provoking a cut-off in military and economic aid that would adversely affect the Soviet-Afghan War. [New Yorker, 3/29/1993]

Entity Tags: Office of the Inspector General (DoD), Office of the Inspector General (CIA), Central Intelligence Agency, US Department of State, Sherman Funk, Richard Barlow, US Department of Defense, Office of the Inspector General (State Department)

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

Kifah Wael Jayyousi.Kifah Wael Jayyousi. [Source: Robert A. Reeder]A Florida cell of Islamic radicals carries out fundraising, training, and recruitment to support the global jihad movement. The group is monitored by the FBI from the early 1990s, but no action is taken against it until after 9/11. The cell’s most prominent members are Adham Amin Hassoun, Mohammed Hesham Youssef, Kifah Wael Jayyousi, Kassem Daher, and Jose Padilla. Adnan Shukrijumah may also be involved (see (Spring 2001)).
bullet Both Hassoun and Jayyousi are associates of “Blind Sheikh” Omar Abdul-Rahman and the FBI monitors telephone conversations between them and Abdul-Rahman from January 1993 to 1995, at least. After Abdul-Rahman is taken into police custody in July 1993, according to an FBI agent, Jayyousi calls Abdul-Rahman in jail to “update the sheikh with jihad news, many times reading accounts and statements issued directly by terrorist organizations.” [St. Petersburg Times, 11/23/2003; Lance, 2006, pp. 126-8; Associated Press, 4/8/2006; International Herald Tribune, 1/4/2007]
bullet Funds are provided through bank accounts of Al-Gama’a al-Islamiyya (the Islamic Group), the Canadian Islamic Association, and Benevolence International Foundation (BIF), for which Hassoun files incorporation papers in Florida. The cell pays out thousands of dollars in checks, some of which are marked “Chechnya”, “Kosovo,” or “for tourism”.
bullet They try to talk in code, but the code is unsophisticated; for example “tourism” apparently means “terrorism”. In addition, they are not very careful and in one conversation overheard by the FBI, which records tens of thousands of their conversations from the early 1990s, one plotter asks another if he has enough “soccer equipment” to “launch an attack on the enemy.” In another, the conspirators discuss a $3,500 purchase of “zucchini” in Lebanon.
bullet Cell members are involved in jihad, through funding or direct participation, in Egypt, Somalia, Bosnia, Chechnya, Afghanistan, Lebanon, Libya, Kosovo, the former Soviet Republic of Georgia, and Azerbaijan.
bullet They are involved with both bin Laden and Chechen leader Ibn Khattab; for example, in one conversation Youssef tells Hassoun that he would be traveling “there at Osama’s and… Khattab’s company.” [Indictment. United States v. Jose Padilla, 11/17/2005 pdf file]
bullet They publish the Islam Report, a radical magazine about jihad. [Associated Press, 4/8/2006]
It is unclear why the FBI monitors the cell for almost a decade before doing anything. However, some of their activities are focused on Bosnia, where the US is turning a blind eye, or even actively assisting Islamic militants fighting on the Bosnian side (see 1992-1995 and April 27, 1994). The cell is broken up in the months after 9/11, and Hassoun, Jayyousi, and Padilla are sent for trial, which begins in 2007. [International Herald Tribune, 1/4/2007]

Entity Tags: Mohamed Hesham Youssef, Adnan Shukrijumah, Adham Amin Hassoun, Kifah Wael Jayyousi, Al-Gama’a al-Islamiyya, Omar Abdul-Rahman, Kassem Daher, Jose Padilla, Federal Bureau of Investigation, Canadian Islamic Association, Benevolence International Foundation

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” [Grey, 2007, pp. 121, 123]

Entity Tags: Stephen Grey, William Jefferson (“Bill”) Clinton

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

Theodore ‘Ted’ Kaczynski, accused of killing two people and injuring 29 as part of the ‘Unabomber’ crime spree, shown shortly after his arrest. He is wearing the orange prison garb issued to him by Montana authorities.Theodore ‘Ted’ Kaczynski, accused of killing two people and injuring 29 as part of the ‘Unabomber’ crime spree, shown shortly after his arrest. He is wearing the orange prison garb issued to him by Montana authorities. [Source: Associated Press]Theodore “Ted” Kaczynski, a former University of California at Berkeley mathematics professor who now lives as a recluse in a one-room, 10-foot by 12-foot cabin in the mountains outside Lincoln, Montana, is arrested for possession of bomb components. He is subsequently proven to be the “Unabomber” (see January 22, 1998). Kaczynski is turned in to law enforcement officials by his brother David Kaczynski, who believes Kaczynski’s writings bear a marked resemblance to the Unabomber’s recently published manifesto (see September 19, 1995 and January-March 1996 and After). [BBC, 11/12/1987; Washington Post, 1998; KSPR-TV, 2011]
Tiny Cabin Filled with Evidence - The cabin lacks indoor plumbing and running water. Among other items, the cabin contains a potbellied stove, which Kaczynski used to both heat the cabin and melt the metals used in making his bombs; a hooded sweatshirt similar to the one he is depicted as wearing in the now-infamous FBI sketch released of him years earlier (see February 20, 1987); the typewriter used to type his “manifesto”; books on bomb-making and many other subjects; a homemade pistol; and other more mundane items. [Washington Post, 4/4/1996; KSPR-TV, 2011] In the days after the arrest, the FBI will reveal that two live bombs found in the cabin are nearly identical to lethal devices used by the Unabomber in 1994 and 1995, though the bureau will not give more specifics about the bombs found. “It was as if once he found the right design, he stuck with it,” an FBI official will say. [New York Times, 4/8/1996] The evidence found in the cabin sheds light on Kaczynski’s motivations for the bombings (see April 3, 1996).
FBI Had No Leads - Kaczynski is responsible for killing Hugh Scrutton and two other people (see December 10, 1994 and April 24, 1995) and injuring 29 others between 1978 and 1995. FBI officials later say that while they have tracked thousands of leads over Kaczynski’s 18-year bombing spree, they had no real clues as to his identity before his brother stepped up to identify him as a possible suspect. David Kaczynski later says that he was not sure his brother was the bomber for a very long time: “I had never seen him violent, not toward me, not toward anyone. I tended to see his anger turned inward,” he will say. [Washington Post, 4/13/1996; Washington Post, 8/21/1998]
Arrest Uneventful - The arrest comes after weeks of intensive, if unobtrusive, surveillance by the FBI along with postal inspectors and explosives specialists. Disguised as lumberjacks and outdoorsmen, the agents began slipping into Helena and the tiny hamlet of Lincoln, some 50 miles northwest of Helena and not far from the cabin. The agents learned more about Kaczynski from local residents, and found that he is essentially a hermit who rarely leaves the property. FBI snipers moved in close to the cabin and staked it out for weeks, communicating with their commanders by encrypted radios. Mostly they watched as Kaczynski tended his garden and retrieved provisions from his root cellar; during the time he was under surveillance, he never left the property. On April 3, the agents finally move in, with 40 men in body armor surrounding the cabin and proffering a search warrant. An Army ordnance team accompanies the agents, with the duty of searching for booby traps; none are found. When Kaczynski sees the agents, he tries to withdraw inside the cabins, but is restrained. Once the agents have him, Kaczynski puts up no further resistance, and as one official says, becomes “quite personable, and well spoken.” He immediately asks for a lawyer, and refuses to answer questions, though he engages in pleasant small talk with the agents. A law enforcement official, noting that the FBI and other law enforcement agencies have collected a huge amount of physical and forensic evidence over the 17-year span of bombings, says, “We always believed there would come a day when all these many bits of information would begin to come together and that day was the day we executed the search warrant.” [New York Times, 4/4/1996]

Entity Tags: David Kaczynski, Percy Wood, University of California at Berkeley, Federal Bureau of Investigation, Hugh Scrutton, Theodore J. (“Ted”) Kaczynski

Timeline Tags: US Domestic Terrorism

Destruction at the Khobar Towers, Dhahran, Saudi Arabia.Destruction at the Khobar Towers, Dhahran, Saudi Arabia. [Source: US Air Force]Explosions destroy the Khobar Towers in Dhahran, Saudi Arabia, killing 19 American soldiers and wounding 500. [CNN, 6/26/1996] Saudi officials will later interrogate the suspects, declare them guilty, and execute them—without letting the FBI talk to them. [PBS Frontline, 2001; Irish Times, 11/19/2001] Saudis will blame Hezbollah, the Iranian-influenced group, but US investigators will still believe Osama bin Laden was involved. [Seattle Times, 10/29/2001] US intelligence will be listening when al-Qaeda’s number two leader Ayman al-Zawahiri calls bin Laden two days after the bombing to congratulate him on the operation (see June 27, 1996). The New York Times will report that Mamoun Darkazanli, a suspected al-Qaeda financier with extensive ties to the al-Qaeda Hamburg cell, is involved in the attack. [New York Times, 9/25/2001; New York Times, 9/29/2001] Bin Laden will admit to instigating the attacks in a 1998 interview. [Miami Herald, 9/24/2001] Ironically, the bin Laden family’s construction company will be awarded the contract to rebuild the installation. [New Yorker, 11/5/2001] In 1997, Canada will catch one of the Khobar Towers attackers and extradite him to the US. However, in 1999, he will be shipped back to Saudi Arabia before he can reveal what he knows about al-Qaeda and the Saudis. One anonymous insider will call it “President Clinton’s parting kiss to the Saudis.” [Palast, 2002, pp. 102] In June 2001, a US grand jury will indict 13 Saudis for the bombing. According to the indictment, Iran and Hezbollah were also involved in the attack. [US Congress, 7/24/2003]

Entity Tags: Ayman al-Zawahiri, Federal Bureau of Investigation, Hezbollah, Osama bin Laden, William Jefferson (“Bill”) Clinton, Al-Qaeda, Mamoun Darkazanli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Richard Perle.Richard Perle. [Source: Public domain]The Institute for Advanced Strategic and Political Studies, an Israeli think tank, publishes a paper titled “A Clean Break: A New Strategy for Securing the Realm.” [Washington Times, 10/7/2002; Chicago Sun-Times, 3/6/2003] The paper, whose lead author is neoconservative Richard Perle, is meant to advise the new, right-wing Israeli Prime Minister Benjamin Netanyahu. Other authors include:
bullet influential neoconservative academic and former Bush adviser Richard Perle, primarily responsible for the content of the paper;
bullet Meyrav Wurmser, the future director of the neoconservative Hudson Institute’s Center for Middle East Policy;
bullet her husband David Wurmser, the future chief adviser for Middle East policy for future vice-president Dick Cheney;
bullet neoconservative Douglas Feith, who will be the prime architect of the Iraq war;
bullet and a number of lesser-known neoconservatives, including James Colbert, Charles Fairbanks, Jr., Jeffrey T. Bergner, Jonathan Torop, and Robert Loewenberg.
Rebuilding Zionism by Abandoning Past Policies - It advocates making a complete break with past policies by adopting a strategy “based on an entirely new intellectual foundation, one that restores strategic initiative and provides the nation the room to engage every possible energy on rebuilding Zionism.…” [Guardian, 9/3/2002]
Aggressive, Militant Israeli Policy towards Arab Neighbors - Much along the lines of an earlier paper by Israeli Oded Yinon (see February 1982), the document urges the Israelis to aggressively seek the downfall of their Arab neighbors—especially Syria and Iraq—by exploiting the inherent tensions within and among the Arab States. The first step is to be the removal of Saddam Hussein in Iraq. A war with Iraq will destabilize the entire Middle East, allowing governments in Syria, Iran, Lebanon, and other countries to be replaced. “Israel will not only contain its foes; it will transcend them,” the paper says. [Perle, 7/8/1996; Guardian, 9/3/2002; Carnegie Endowment for International Peace, 3/19/2003] Iraq is first on the list of nations to be transformed. Saddam Hussein must be overthrown, the authors say. But Iraq has long served as a counterweight to the Shi’ite theocracy of Iran; with the two at loggerheads, neither could pose as serious a threat to Israel as it could if not opposed by the other. To counter this, Perle and his co-authors propose restoring the Hashemites (an ancient Arab dynasty; King Faisal I of Iraq was a Hashemite) to power. Instead of the largely Shi’ite Iraqis aligning themselves with their fellow Shi’a in Iran after Hussein’s overthrow, the Hashemite government would align itself with the pro-Western Jordan, long a Hashemite regime. Unfortunately, the authors propose no plan to actually make such an extraordinary regime succession happen, nor do they seem concerned with some Iraqi Shi’ites’ alignment with Islamist terrorists or with many Shi’ites’ close ties to Iran. [Unger, 2007, pp. 145-148]
Abandoning Oslo Accords, Militant Palestinian Policy - Other suggestions for Israel include abandoning the Oslo Accords, developing a foreign policy based on a traditional balance of power strategy, reserving its right to invade the West Bank and Gaza Strip as part of a strategy of “self-defense,” abandoning any notion of “land for peace,” reestablishing a policy of preemptive strikes, forging closer ties to the US while taking steps towards self-reliance, and seeking an alternative to Yasser Arafat as leader of the PLO. [Perle, 7/8/1996]
'Seeds of a New Vision' - All these questions need not be answered right away, according to co-author Meyrav Wurmser. The document is “the beginning of thought,” she says, “… the seeds of a new vision.”
Similar to American Christian Right's Vision - According to author Craig Unger, the ideology of “ACB” is, in essence, a secularized version of the theology of the American Christian Right. Christian Zionists insist that Jews were ordained by God to reclaim the Biblican land of Judea and Samaria in the West Bank; the paper asserts that claim as well. The paper echoes Christian fundamentalists by demanding “the unconditional acceptance of Arabs of our rights, especially in their territorial dimension.” Perle and his fellow neoconservatives want to push the boundaries even further: the Bible can be interpreted to countenance Jewish dominion over all or parts of Egypt, Syria, Lebanon, Jordan, Iraq, and even Saudi Arabia. Thusly, the authors claim that Israel and the US, by waging war against Iraq, Syria, and Lebanon, would reshape the “strategic environment” in the Middle East and greatly expand Israel’s influence in the region.
Influence in Upcoming Bush Administration - Perle will later become chairman of President Bush’s influential Defense Policy Board and will be instrumental is moving Bush’s US policy toward war with Iraq after the 9/11 attacks, as will Feith and the Wurmsers. [Unger, 2007, pp. 145-148]

Entity Tags: Richard Perle, Robert Loewenberg, Meyrav Wurmser, Jonathan Torop, Richard V. Allen, James Colbert, Charles Fairbanks, Jr., Benjamin Netanyahu, David Wurmser, Institute for Advanced Strategic and Political Studies, Jeffrey T. Bergner, Douglas Feith

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

An Inmarsat Compact M satellite phone, the type used by bin Laden.An Inmarsat Compact M satellite phone, the type used by bin Laden. [Source: Inmarsat]During this period, Osama bin Laden uses a satellite phone to direct al-Qaeda’s operations. The phone—a Compact M satellite phone, about the size of a laptop computer—was purchased by a student in Virginia named Ziyad Khaleel for $7,500 using the credit card of a British man named Saad al-Fagih. After purchasing the phone, Khaleel sent it to Khalid al-Fawwaz, al-Qaeda’s unofficial press secretary in London (see Early 1994-September 23, 1998). Al-Fawwaz then shipped it to bin Laden in Afghanistan. [CNN, 4/16/2001] It appears US intelligence actually tracks the purchase as it occurs (see November 1996-Late December 1999), probably because an older model satellite phone bin Laden has is already being monitored (see Early 1990s). Bin Laden’s phone (873682505331) is believed to be used by other top al-Qaeda leaders as well, including Ayman al-Zawahiri and Mohammad Atef. Al-Fawwaz also buys satellite phones for other top al-Qaeda leaders around the same time. Though the calls made on these phones are encrypted, the NSA is able to intercept and decrypt them. As one US official will put it in early 2001, “codes were broken.” [United Press International, 2/13/2001; Newsweek, 2/18/2002] The Los Angeles Times will report that the monitoring of these phones “produced tens of thousands of pages of transcripts over two years.” [Los Angeles Times, 10/14/2001] Bin Laden’s satellite phone replaces an older model he used in Sudan that apparently was also monitored by the NSA (see Early 1990s). Billing records for his new phone are eventually released to the media in early 2002. Newsweek will note, “A country-by-country analysis of the bills provided US authorities with a virtual road map to important al-Qaeda cells around the world.” [Sunday Times (London), 3/24/2002] The countries called are:
bullet Britain (238 or 260). Twenty-seven different phone numbers are called in Britain. Accounts differ on the exact number of calls. Khalid al-Fawwaz, who helps publish statements by bin Laden, receives 143 of the calls, including the very first one bin Laden makes with this phone. Apparently most of the remaining calls are made to pay phones near him or to his associates. He also frequently calls Ibrahim Eidarous, who works with al-Fawwaz and lives near him. [CNN, 4/16/2001; Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; O'Neill and McGrory, 2006, pp. 111]
bullet Yemen (221). Dozens of calls go to an al-Qaeda communications hub in Sana’a, Yemen, which is run by the father-in-law of 9/11 hijacker Khalid Almihdhar (see Late August 1998). [Newsweek, 2/18/2002; Los Angeles Times, 9/1/2002; Bamford, 2008, pp. 8]
bullet Sudan (131). Bin Laden lived in Sudan until 1996 (see May 18, 1996), and some important al-Qaeda operatives remained there after he left (see February 5, 1998). [Sunday Times (London), 3/24/2002]
bullet Iran (106). Newsweek will later report: “US officials had little explanation for the calls to Iran. A Bush administration official said that US intelligence has believed for years that hard-line anti-American factions inside Iran helped bin Laden’s organization operate an ‘underground railroad’ smuggling Islamic militants to al-Qaeda training camps in Afghanistan.” [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002]
bullet Azerbaijan (67). An important al-Qaeda operative appears to be based in Baku, Azerbaijan. [Washington Post, 5/2/2001] This is most likely Ahmad Salama Mabruk, who is very close to al-Qaeda number two Ayman al-Zawahiri and is said to be the head of the al-Qaeda cell there. He kidnapped by the CIA in Baku in late August 1998 (see Late August 1998).
bullet Kenya (at least 56). In the embassy bombings trial, prosecutors introduce evidence showing 16 calls are made on this phone to some of the embassy bombers in Kenya (see 10:35-10:39 a.m., August 7, 1998), apparently all before a raid in August 1997 (see August 21, 1997). The defense introduces evidence showing at least 40 more calls are made after that time (see Late 1996-August 1998). [CNN, 4/16/2001]
bullet Pakistan (59).
bullet Saudi Arabia (57).
bullet A ship in the Indian Ocean (13).
bullet The US (6).
bullet Italy (6).
bullet Malaysia (4).
bullet Senegal (2). [Sunday Times (London), 3/24/2002]
bullet Egypt (unknown). Newsweek reports that calls are made to Egypt but doesn’t say how many. [Newsweek, 2/18/2002]
bullet Iraq (0). Press reports note that the records indicate zero calls were made to Iraq. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002] 1,100 total calls are made on this phone. Adding up the above numbers means that the destination of over 100 calls is still unaccounted for. [Newsweek, 2/18/2002] The use of this phone stops two months after the August 1998 embassy bombings in Africa. However, it appears bin Laden and other al-Qaeda leaders continue to use other satellite phones occasionally after this time. Shortly after 9/11, James Bamford, an expert authority on the agency, says “About a year or so ago the NSA lost all track of him.… He may still use [satellite phones] occasionally to talk about something mundane, but he discovered that the transmitters can be used for honing.” [CNN, 9/21/2001] According to a different account, bin Laden will attempt to use a different phone communication method, but US intelligence will soon discover it and continue monitoring his calls (see Late 1998 and After).

Entity Tags: Ziyad Khaleel, Saad al-Fagih, Osama bin Laden, Ibrahim Eidarous, Khalid al-Fawwaz, Mohammed Atef, Al-Qaeda, Ayman al-Zawahiri, Ahmad Salama Mabruk

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An unnamed high-ranking State Department official helps a nuclear smuggling ring connected to Pakistani nuclear scientist A. Q. Khan and Pakistan’s ISI to plant “moles” in US military and academic institutions that handle nuclear technology, according to FBI translator Sibel Edmonds. Edmonds will later leave the FBI, becoming a whistleblower, and say she knows this based on telephone conversations she translated shortly after 9/11. The moles, mostly Ph.D students, are planted by Turkish and Israeli elements in the network, which obtains nuclear technology for Pakistan’s nuclear weapons program and for re-sale by Khan. Edmonds will later say she thinks there are several transactions of nuclear material every month: “I heard at least three transactions like this over a period of 2½ years. There are almost certainly more.” She will also say that the network appears to obtain information “from every nuclear agency in the United States.” The State Department official apparently arranges security clearance for some of the moles, enabling them to work in sensitive nuclear research facilities, including the Los Alamos nuclear laboratory in New Mexico, which is responsible for the security of the US nuclear deterrent. [Sunday Times (London), 1/6/2008] The high-ranking State Department official who is not named by Britain’s Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Philip Giraldi, writing in the American Conservative. [Raw Story, 1/20/2008; American Conservative, 1/28/2008; American Conservative, 11/1/2009]

Entity Tags: US Department of State, Sibel Edmonds, Philip Giraldi, Larisa Alexandrovna, Marc Grossman, Pakistan Directorate for Inter-Services Intelligence, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Former US ambassador Joe Wilson and CIA officer Valerie Plame meet for the first time at a reception held at the Turkish ambassador’s residence. Wilson is a political adviser to the Commander in Chief of the US Armed Forces in Europe. Plame describes herself as an “energy executive living in Brussels.” Wilson and Plame will marry a year later and will become involved in the “Plame Affair,” when Plame’s affiliation with the CIA is disclosed in the media (see July 14, 2003). After her marriage, Plame will generally be referred to by the name Plame Wilson. Wilson, who is accompanied by General James Jamerson, is there to receive an award from the American-Turkish Council. The reason for Plame’s presence there is not known. [Wilson, 2004, pp. 239-242, 273] However, the American-Turkish Council will later be said to be involved in the smuggling of nuclear weapons material to Turkey and other countries (see Late 1990s-Early 2001 and Mid-Late 1990s), and Plame’s job at the CIA is in its non-proliferation section (see Late February 1999), so she may be there for operational reasons. [Sunday Times (London), 1/6/2008; Sunday Times (London), 1/27/2008]

Entity Tags: James Jamerson, American-Turkish Council, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

An FBI investigation finds that Turkish nationals are involved in efforts to bribe members of Congress, both Republican and Democrat. Targets of the FBI’s investigation include individuals at Chicago’s Turkish Consulate and the American-Turkish Consulate, as well as members of the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Wiretaps obtained by investigators also contain what appears to be references to large scale drug shipments and other crimes. In 1999 some FBI investigators call for the appointment of a special prosecutor to continue the investigation. But after the Bush administration comes to office, higher-ups in the Department of State pressure the bureau to shift the attention of its investigation away from elected politicians and instead focus on appointed officials. [Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]

Entity Tags: US Department of State, US Congress, Turkish Consulate of Chicago, Federal Bureau of Investigation, American-Turkish Consulate, American-Turkish Council, Assembly of Turkish American Associations

Timeline Tags: Complete 911 Timeline

PNAC logo.PNAC logo. [Source: Project for the New American Century]The Project for the New American Century (PNAC), an influential neoconservative think tank, publishes a letter to President Clinton urging war against Iraq and the removal of Saddam Hussein because he is a “hazard” to “a significant portion of the world’s supply of oil.” In a foretaste of what eventually happens, the letter calls for the US to go to war alone, attacks the United Nations, and says the US should not be “crippled by a misguided insistence on unanimity in the UN Security Council.” The letter is signed by many who will later lead the 2003 Iraq war. 10 of the 18 signatories later join the Bush Administration, including Defense Secretary Donald Rumsfeld, Assistant Defense Secretary Paul Wolfowitz, Deputy Secretaries of State Richard Armitage and Robert Zoellick, Undersecretaries of State John Bolton and Paula Dobriansky, presidential adviser for the Middle East Elliott Abrams, Defense Policy Board chairman Richard Perle, and George W. Bush’s special Iraq envoy Zalmay Khalilzad. Other signatories include William Bennett, Jeffrey Bergner, Francis Fukuyama, Robert Kagan, William Kristol, Peter Rodman, William Schneider, Vin Weber, and James Woolsey. [Project for the New American Century, 1/26/1998; Sunday Herald (Glasgow), 3/16/2003; Unger, 2007, pp. 158] Clinton does heavily bomb Iraq in late 1998, but the bombing doesn’t last long and its long term effect is the break off of United Nations weapons inspections. [New York Times, 3/23/2003] The PNAC neoconservatives do not seriously expect Clinton to attack Iraq in any meaningful sense, author Craig Unger will observe in 2007. Instead, they are positioning themselves for the future. “This was a key moment,” one State Department official will recall. “The neocons were maneuvering to put this issue in play and box Clinton in. Now, they could draw a dichotomy. They could argue to their next candidate, ‘Clinton was weak. You must be strong.’” [Unger, 2007, pp. 158]

Entity Tags: Robert B. Zoellick, Vin Weber, William Kristol, William Jefferson (“Bill”) Clinton, Zalmay M. Khalilzad, William Schneider Jr., Richard Perle, William J. Bennett, Richard Armitage, Robert Kagan, Paula J. Dobriansky, Donald Rumsfeld, Craig Unger, Peter Rodman, Elliott Abrams, John R. Bolton, James Woolsey, Francis Fukuyama, Jeffrey T. Bergner, Paul Wolfowitz

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

An FBI pilot sends his supervisor in the Oklahoma City FBI office a memo warning that he has observed “large numbers of Middle Eastern males receiving flight training at Oklahoma airports in recent months.” The memo, titled “Weapons of Mass Destruction,” further states this “may be related to planned terrorist activity” and “light planes would be an ideal means of spreading chemicals or biological agents.” The memo does not call for an investigation, and none occurs. [NewsOK (Oklahoma City), 5/29/2002; US Congress, 7/24/2003] The memo is “sent to the bureau’s Weapons of Mass Destruction unit and forgotten.” [New York Daily News, 9/25/2002] In 1999, it will be learned that an al-Qaeda agent has studied flight training in Norman, Oklahoma (see May 18, 1999). Hijackers Mohamed Atta and Marwan Alshehhi will briefly visit the same school in 2000; Zacarias Moussaoui will train at the school in 2001 (see February 23-June 2001).

Entity Tags: Marwan Alshehhi, Federal Bureau of Investigation, Mohamed Atta, Zacarias Moussaoui, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The “Team B” intelligence analysis exercise of 1975, which so disastrously overestimated the Soviet threat (see November 1976), returns in the form of the “Rumsfeld Commission,” which issues its report this month. Conservative commentators and former participants have called for a second “Team B”-style competitive intelligence analysis ever since the fall of the Berlin Wall (see 1990, 1994, and 1996). The “Commission to Assess the Ballistic Missile Threat to the United States” (see July 15, 1998), led by former Defense Secretary Donald Rumsfeld, is packed with conservative and neoconservative hardliners much as the original Team B cadre was; it includes some former Team B members such as former Pentagon official Paul Wolfowitz. Like the original Team B, the Rumsfeld Commission challenges CIA estimates of foreign military threats; like the original Team B, the Rumsfeld Commission wildly overestimates the impending threat from countries such as Iran and North Korea, both of which it judges will be capable of striking the US with nuclear weapons in five years or perhaps less. The original Team B findings impelled thirty years of full-bore military spending by the US to counter a Soviet threat that was fading, not growing; the Rumsfeld Commission’s equally alarmist findings impels a new push for spending on the so-called “Star Wars” ballistic missile defense system (see March 23, 1983). Conservative activist Phyllis Schlafly will observe that the Rumsfeld Commission’s report “provided Congress with enough talking points to win the argument [on missile defense] both in the strategic arena and in the 20-second soundbite television debates.” Former State Department intelligence analyst Greg Thielmann will later observe, “time has proven Rumsfeld’s predictions dead wrong.” Author and professor Gordon R. Mitchell will write that the second “Team B” exercise shows “that by 1998, Rumsfeld and Wolfowitz had honed the art of intelligence manipulation through use of competitive intelligence analysis. Retrospective assessments revealing serious flaws in the Team B work products came long after political officials had already converted the alarmist reports into political support for favored military policies.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Strategic Defense Initiative, ’Team B’, Central Intelligence Agency, Commission to Assess the Ballistic Missile Threat to the United States, Donald Rumsfeld, Gordon R. Mitchell, Phyllis Schlafly, Paul Wolfowitz, Greg Thielmann

Timeline Tags: Neoconservative Influence

Mohamed al-Owhali.Mohamed al-Owhali. [Source: CNN]Before and after the August 7, 1998 attack on the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), a bomber involved in that attack named Mohamed al-Owhali makes a series of calls to al-Qaeda associate Ahmed al-Hada, who runs an al-Qaeda communications hub in Sana’a, Yemen. Al-Owhali briefly stayed at the hub about three months before the bombings and made some calls from there. He then traveled to other locations, including Pakistan, and flew to Kenya on August 2. Beginning August 4, he makes a series of calls to al-Hada at the Yemen hub. The details of these calls have not been revealed, but they continue until about two hours before the embassy bombings take place. Al-Owhali is supposed to be martyred in the attack, but he runs away at the last minute and survives. Beginning on August 8, he repeatedly calls al-Hada, asking for help getting out of Kenya. He eventually receives $1,000 from him. Al-Hada is actually about to fly to Kenya to help al-Owhali get out when al-Owhali is arrested on August 12. Al-Hada also receives three calls from bin Laden’s satellite phone, which is being monitored by the NSA (see November 1996-Late August 1998). Following a raid by London police, the FBI allegedly trace a fax claiming responsibility for the attack through Baku, Azerbaijan, to bin Laden’s satellite phone, which leads them to the communications hub in Sana’a (however, it is likely that the NSA at least is already monitoring the hub phone number). Phone records for the hub direct them to al-Owhali in Nairobi. Al-Owhali has already been arrested based on a tip-off and, after the FBI interrogators realize he is lying to them, he confesses to calling the number. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; United State of America v. Usama bin Laden, et al., Day 23, 3/27/2001; Observer, 8/5/2001] The translator during al-Owhali’s interviews is Mike Feghali, who will later be accused of serious improprieties after 9/11 by whistleblower Sibel Edmonds (see July-August 2001). [Federal Bureau of Investigation, 9/9/1998, pp. 1 pdf file] Author Lawrence Wright will say, “This Yemeni telephone number would prove to be one of the most important pieces of information the FBI would ever discover, allowing investigators to map the links of the al-Qaeda network all across the globe.” [Wright, 2006, pp. 275-8] The NSA may well already have been aware of the number since bin Laden’s monitored phone called it many times, but the US intelligence community now begins a joint effort to exploit it (see Late August 1998 and Late 1998-Early 2002). Other apparently inaccurate stories about how al-Owhali was captured have been reported in the press. [Reeve, 1999, pp. 48]

Entity Tags: Mohamed al-Owhali, Mike Feghali, Ahmed al-Hada, National Security Agency, Federal Bureau of Investigation, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijacker Khalid Almihdhar makes a series of calls to an al-Qaeda communications hub run by his father-in-law, Ahmed al-Hada. A Yemeni police official will later tell Agence France-Presse that Almihdhar “made a number of overseas calls to Ahmed al-Hada, who was then in Sana’a, before, during, and after” the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Hada is involved in the embassy bombings and the US intelligence community begins joint surveillance of his phone after the bombings (see Late August 1998), although the NSA may already have been monitoring it (see Before August 7, 1998). The calls made by Almihdhar are from overseas and the FBI learns of this, presumably during the investigation into the embassy bombings (see August 4-25, 1998) [Agence France Presse, 2/15/2002] Around this time Almihdhar is also in contact with al-Hada’s son, Samir, who is his brother-in-law, and the Yemen Times will later report that these contacts are monitored. However, it is not clear whether this is just by local authorities in Yemen, or also by US intelligence. [Yemen Times, 2/18/2002] British Prime Minister Tony Blair will later say that one of the 9/11 hijackers, presumably Almihdhar, played a key role in the attacks on the US embassies in East Africa (see October 4, 2001).

Entity Tags: Federal Bureau of Investigation, Ahmed al-Hada, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Calls are made using Osama bin Laden’s satellite telephone to an al-Qaeda communications hub in Sana’a, Yemen, which is involved in the embassy bombings (see 10:35-10:39 a.m., August 7, 1998). According to MSNBC, two of the calls from bin Laden’s phone are made “days before” the bombings. The NSA is intercepting calls from bin Laden’s satellite phone at this time (see November 1996-Late August 1998) and his phone is used to make dozens of calls to the Yemen communications hub from 1996 to 1998, but it is unclear what is done with the intercepts, as the NSA is sometimes unwilling to share information with other US intelligence agencies (see Between 1996 and August 1998, December 1996, Between 1996 and September 11, 2001, and Before September 11, 2001). [Los Angeles Times, 10/10/2001; MSNBC, 2/14/2002; Newsweek, 2/18/2002; Los Angeles Times, 9/1/2002] The communications hub is run by veteran mujaheddin Ahmed al-Hada, an associate of one of the embassy bombers, Mohamed al-Owhali. Al-Owhali stays at the hub in the months before the bombing and obtains a fake passport in Yemen (see August 4-25, 1998). [Federal Bureau of Investigation, 9/9/1998 pdf file] The NSA continues to intercept calls to and from the hub after the embassy bombings (see Late August 1998 and August 4-25, 1998).

Entity Tags: National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline

El Shifa Plant in Sudan.El Shifa Plant in Sudan. [Source: US government]The US fires 66 missiles at six al-Qaeda training camps in Afghanistan and 13 missiles at a pharmaceutical factory in Khartoum, Sudan, in retaliation for the US embassy bombings. [Washington Post, 10/3/2001] The US insists the attacks are aimed at terrorists “not supported by any state,” despite obvious evidence to the contrary. The Sudanese Al Shifa factory is hit in the middle of the night when it is unoccupied. Intelligence will later suggest that the factory had no links to bin Laden (see September 23, 1998). Between six and 30 people are killed in the Afghanistan attacks. But no important al-Qaeda figures die. [Observer, 8/23/1998; New Yorker, 1/24/2000; Wright, 2006, pp. 285] At least one of the missiles accidentally landed inside Pakistan and Pakistan may have been able to build their own cruise missile from examining the remains. There are additional reports that bin Laden was able to sell unexploded missiles to China for more than $10 million. [Wright, 2006, pp. 285] President Clinton is soon widely accused of using the missile strike to distract the US public from a personal sex scandal (see August 17-Late August 1998).

Entity Tags: Al-Qaeda, Clinton administration

Timeline Tags: Complete 911 Timeline

After he is arrested for the Nairobi embassy bombing (see 10:35-10:39 a.m., August 7, 1998), Mohamed al-Owhali is questioned by local Kenyan law enforcement and the FBI, and discloses important information (see August 4-25, 1998). When he is shown photographs of al-Qaeda operatives, one of the people he identifies is Abd al-Rahim al-Nashiri (a.k.a. Bilal), a cousin of another Nairobi bomber. Al-Nashiri is an al-Qaeda leader who helped al-Owhali obtain a false passport in Yemen when al-Owhali stayed at an al-Qaeda safe house in April-May 1998. It is unclear where the FBI obtained the photo of al-Nashiri, although US intelligence was previously informed of al-Nashiri’s involvement in a plot to smuggle anti-tank missiles into Saudi Arabia (see 1997). [Federal Bureau of Investigation, 9/9/1998, pp. 16 pdf file; United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; Burke, 2004, pp. 174; 9/11 Commission, 7/24/2004, pp. 152-3]

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda’s communications hub in Sana’a, Yemen.Al-Qaeda’s communications hub in Sana’a, Yemen. [Source: PBS NOVA]The investigation of the East Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) led to the discovery of the phone number of an al-Qaeda communications hub in Sana’a, Yemen (see August 4-25, 1998). The hub is run by an al-Qaeda veteran named Ahmed al-Hada, who is helped by his son Samir and is related to many other al-Qaeda operatives in Yemen and elsewhere. He is also the father in law of 9/11 hijacker Khalid Almihdhar, whose wife, Hoda al-Hada, lives at the hub with their children. [Newsweek, 6/2/2002; Die Zeit (Hamburg), 10/1/2002; MSNBC, 7/21/2004; Suskind, 2006, pp. 94; Wright, 2006, pp. 277, 309, 343, 378] Several of Ahmed al-Hada’s relatives die fighting for al-Qaeda before 9/11, a fact known to US intelligence. [Los Angeles Times, 12/21/2005; Guardian, 2/15/2006] The NSA may already be aware of the phone number, as they have been intercepting Osama bin Laden’s communications for some time (see November 1996-Late August 1998) and, according to Newsweek, “some” of bin Laden’s 221 calls to Yemen are to this phone number. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; Media Channel, 9/5/2006] The US intelligence community now begins a joint effort to monitor the number. The NSA and CIA jointly plant bugs inside the house, tap the phones, and monitor visitors with spy satellites. [Mirror, 6/9/2002; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] US intelligence also learns that the communications hub is an al-Qaeda “logistics center,” used by agents around the world to communicate with each other and plan attacks. [Newsweek, 6/2/2002] The joint effort enables the FBI to map al-Qaeda’s global organization (see Late 1998-Early 2002) and at least three of the hijackers use the number, enabling the NSA to intercept their communications and find out about an important al-Qaeda meeting in Malaysia (see December 29, 1999 and January 5-8, 2000 and Early 2000-Summer 2001). It appears al-Qaeda continues to use this phone line until Samir al-Hada dies resisting arrest in early 2002 (see February 13, 2002).

Entity Tags: National Security Agency, Federal Bureau of Investigation, Samir al-Hada, Khalid Almihdhar, Central Intelligence Agency, Osama bin Laden, Hoda al-Hada, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohamed al-Owhali, one of the bombers of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), is rendered from Kenya to the US. Al-Owhali was arrested in Nairobi after the bombing and gave up information to local authorities and the FBI about it (see August 4-25, 1998 and August 22-25 1998). He will be tried in the US and sentenced to life in prison (see October 21, 2001). [Grey, 2007, pp. 129, 246]

Entity Tags: Mohamed al-Owhali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The FBI asks the NSA to pass on all calls between an al-Qaeda communications hub in Yemen and the US. The hub, which is run by an operative named Ahmed al-Hada and was involved in the attacks on US embassies in East Africa (see Late August 1998), is a key al-Qaeda logistics center and intelligence gleaned from listening in on calls to and from it will help prevent some attacks (see August 4-25, 1998 and Late 1998-Early 2002). Dan Coleman, one of the FBI agents who places the request, will say, “anyone who called the Yemen number is white-hot, a top suspect.” However, the NSA will not inform the FBI of all calls between the hub and the US. [Suskind, 2006, pp. 94] In particular, two 9/11 hijackers will call the hub while they are in the US (see Early 2000-Summer 2001). However, the information will be withheld from the FBI and various explanations will be offered for this failure (see (Spring 2000), Summer 2002-Summer 2004, and March 15, 2004 and After).

Entity Tags: Federal Bureau of Investigation, National Security Agency, Dan Coleman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

Intelligence agents learn Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian), an important al-Qaeda leader, is staying in a particular hotel room in Khartoum, Sudan. White House officials ask that he be killed or captured and interrogated. International capture operations of wanted militants, a practice known as “rendition,” have become routine by the mid-1990s (see 1993). In fact, over a dozen al-Qaeda operatives are rendered between July 1998 and February 2000 (see July 1998-February 2000). But in this case, both the Defense Department and the CIA are against it, although Al-Walid does not even have bodyguards. The CIA puts the operation in the “too hard to do box,” according to one former official. The CIA says it is incapable of conducting such an operation in Sudan, but in the same year, it conducts another spy mission in the same city. [New York Times, 12/30/2001; Clarke, 2004, pp. 143-46] A plan is eventually made to seize Al-Walid, but by then he has left the country. [New York Times, 12/30/2001]

Entity Tags: US Department of Defense, Central Intelligence Agency, Mahfouz Walad Al-Walid, Clinton administration

Timeline Tags: Complete 911 Timeline

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

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

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

Wissam al-Zahawie, Iraq’s ambassador to the Vatican, sets off on a trip to several African countries as part of an effort to convince African heads of state to visit Iraq. Saddam Hussein hopes that these visits will help break the embargo on flights to Iraq and undermine the UN sanctions regime. Zahawie’s first stop is Niger, where he meets with the country’s President Ibrahim Bare Mainassara for one hour. Mainassara promises that he will visit Baghdad the following April. (He is assasinated before he has an opportunity to do this.) [Sunday Herald (Glasgow), 7/13/2003; Independent, 8/10/2003; Time, 10/2/2003; New Yorker, 10/27/2003] In early 2002, the Italian military intelligence service, SISMI, will allege in a report (see February 5, 2002) sent to the US that the motive behind the visit is to discuss the future purchase of uranium oxide, also known as “yellowcake” (see October 15, 2001). [New Yorker, 10/27/2003] However, no one at this time suggests that the trip’s motives have anything to do with acquiring uranium. Zahawie’s trip is reported in the local newspaper as well as by a French news agency. The US and British governments are aware of the trip and show no concern about Niger, which is actively seeking economic assistance from the United States. [New Yorker, 10/27/2003] In 2003, al-Zawahie will tell British reporters: “My only mission was to meet the president of Niger and invite him to visit Iraq. The invitation and the situation in Iraq resulting from the genocidal UN sanctions were all we talked about. I had no other instructions, and certainly none concerning the purchase of uranium.” [Independent, 8/10/2003]

Entity Tags: Wissam al-Zahawie, Ibrahim Bare Mainassara

Timeline Tags: Niger Uranium and Plame Outing

Yellowcake.Yellowcake. [Source: CBC]Pakistani nuclear scientist A. Q. Khan takes a trip to West Africa. Ostensibly, he is going to oversee the construction of the Hendrina Khan Hotel in Timbuktu, Mali, which he bought the year before and is named after his wife, but it is believed that is just a cover for nuclear-related business. He spends several days in Khartoum, Sudan, where he is spotted touring the al-Shifa factory, bombed by the US the year before in response to al-Qaeda bombings in Africa (see August 20, 1998). In 2006, intelligence sources in India and Israel will claim that Khan actually partly owns the factory. Khan then travels to N’Djamena, the capital of Chad, Timbuktu in Mali, and Niamey, the capital of Niger. Niger has considerable uranium deposits and had been a major supplier of yellowcake uranium to Pakistan in the 1970s. Khan returns to Sudan, where he meets with the Sudanese president, and then returns to Pakistan. He is accompanied by his top nuclear aides and a number of Pakistani generals, and all expenses on the trip are paid for by the Pakistani government.
CIA Investigates Khan Trip - CIA undercover agent Valerie Plame Wilson learns about the trip, and the CIA is so concerned that it launches an investigation, especially to find out if Khan could be buying yellowcake from Niger. Plame Wilson’s husband Joseph Wilson, a former National Security Council official and US ambassador to the nearby country of Gabon who has close ties to important politicians in Niger, and who who has just set up a private consulting firm with a focus on advising clients who want to do business in Africa, is approached by officials from the CIA’s National Resources Division (NR) to visit Niger. The agency asks Wilson, who already has a business trip planned to West Africa, to find out what he can about Khan’s trip.
Illicit Uranium Sales Highly Unlikely - Wilson concludes that illicit uranium sales are very unlikely since the French government tightly controls Niger’s uranium mines and uranium sales. However, Khan’s trip does raise concern that he could be working with Osama bin Laden, because of his interest in the al-Shifa factory in Sudan, and because of intelligence that the hotel he owns in Timbuktu was paid for by bin Laden as part of a cooperative deal between them. The CIA writes and distributes a report on the trip. (In 2004, the Senate Intelligence Committee will erroneously conclude that the CIA did not distribute the Wilson-Niger report—see July 9, 2004.) Wilson will keep this trip secret, even refusing to mention it in his 2004 memoir The Politics of Truth, presumably because he signed a confidentiality agreement with the CIA. In 2002, he will return to Niger to investigate if Saddam Hussein could be buying uranium in Niger (see February 21, 2002-March 4, 2002). That will lead to the eventual outing of his wife Plame Wilson’s status as a CIA agent. [Levy and Scott-Clark, 2007, pp. 283-285, 516; Wilson, 2007, pp. 358-360]

Entity Tags: Valerie Plame Wilson, Abdul Qadeer Khan, Osama bin Laden, Joseph C. Wilson

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

A 2005 US indictment will reveal that two employees for a pro-Israeli lobbying group had somehow obtained classified US information about al-Qaeda and was passing it on to Israeli officials. The two employees are Steven Rosen and Keith Weissman; both work for AIPAC (American Israel Public Affairs Committee) until 2004. On April 13, 1999, Rosen gives Rafi Barak, the former deputy chief of mission at the Israeli embassy in Washington, what he calls a codeword-protected “extremely sensitive piece of intelligence” about terrorist activities in Central Asia. On June 11, 1999, Weissman tells Barak about a classified FBI report on the 1996 Khobar Towers bombing, which has been blamed on al-Qaeda and/or Iran (see June 25, 1996). In retrospect, FBI officials will determine that some, but not all, of this classified information comes from Larry Franklin, a Defense Department analyst on Iran known to be in favor of a tougher US policy regarding Iran (see 2000-2001). It is not known how or why US surveillance of Rosen and Weissman began. [National Public Radio, 8/4/2005; Eastern District of Virginia, 8/4/2005 pdf file; Jerusalem Post, 8/15/2005; Jerusalem Post, 8/17/2005]
Connection to Earlier Investigation? - However, there may be a connection to an earlier investigation. In 1997 and 1998, the FBI monitored Naor Gilon, an official at the Israeli embassy in Washington, as part of an investigation into whether a US intelligence official was illegally giving US spy plane film and other secret material to the Mossad. [Los Angeles Times, 9/3/2004]
Accusations Spark Further Investigation - The US will later accuse Rosen and Weissman of passing classified information given to them by Franklin to Gilon. In any case, the investigation will continue and grow. National Public Radio will later note that from 1999 to 2004, “Franklin, Rosen, and Weissman had regular discussions about the Middle East and about al-Qaeda with a variety of contacts,” sometimes illegally sharing highly classified information. Franklin will plead guilty to sharing classified information in 2005 (see October 5, 2005) while Rosen and Weissman are expected to be tried in 2007 or thereafter. [National Public Radio, 8/4/2005]

Entity Tags: Rafi Barak, Naor Gilon, Keith Weissman, Larry Franklin, American Israel Public Affairs Committee, Steven Rosen

Timeline Tags: Complete 911 Timeline

Former President George H. W. Bush, a former director of the CIA, speaks at the dedication ceremony of the new intelligence center bearing his name. In the course of his speech, Bush says: “We need more human intelligence. That means we need more protection for the methods we use to gather intelligence and more protection for our sources, particularly our human sources, people that are risking their lives for their country.… I have nothing but contempt and anger for those who betray the trust by exposing the name of our sources. They are, in my view, the most insidious, of traitors.” [Central Intelligence Agency, 4/26/1999] These remarks will later be unearthed in conjunction with the White House’s leaking of the identity of covert CIA agent Valerie Plame Wilson (see June 23, 2003, July 7, 2003, 8:30 a.m. July 8, 2003, July 8, 2003, 11:00 a.m. July 11, 2003, Late Afternoon, July 12, 2003, and Before July 14, 2003), and the publication of her name and status by conservative columnist Robert Novak (see July 14, 2003).

Entity Tags: George Herbert Walker Bush, Bush administration (43), Robert Novak, Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

Ihab Ali Nawawi.Ihab Ali Nawawi. [Source: FBI]Ihab Ali Nawawi is arrested in Orlando, Florida. He is considered an unindicted co-conspirator in the 1998 US embassy bombings in Africa. Nawawi’s family moved from Egypt to the US in the late 1970’s and he graduated from an Orlando high school. He fought in Afghanistan in the 1980’s and helped bin Laden move to Sudan in 1991. Nawawi received a commercial pilot’s license from Airman Flight School in Norman, Oklahoma, in 1993. He crashed an airplane owned by bin Laden in 1995 on a runway in Khartoum, Sudan (see Early 1993). He lived in Sudan until 1996 when he moved back to Orlando. Nawawi’s role in al-Qaeda is revealed days after the 1998 US embassy bombings in Africa when Ali Mohamed’s residence in California is raided. A letter from Nawawi is discovered asking Mohamed to give his “best regards to your friend Osama”(see August 24, 1998). Nawawi’s connection to the embassy bombings were possibly discovered months earlier, because there were a series of phone calls in 1997 between an Orlando telephone owned by Nawawi’s sister and an al-Qaeda safe house in Nairobi, Kenya. Many telephone numbers connected to that house were being monitored by US intelligence at the time. Given his obvious al-Qaeda ties, it is not clear why agents waited until May 1999 before arresting Nawawi. He is questioned in front of a grand jury, but prosecutors say he is lying and he refuses to talk anymore. FBI agents will visit the Airman Flight School in September 1999 to enquire about his attendance there (see September 1999). He will remain jailed and in September 2000 is finally charged for contempt and perjury. In October 2001, the St. Petersburg Times will report, “There are signs that Ali’s resolve might now be weakening. Court records indicate that Ali’s lawyers seemed to reach an understanding with the government in March [2001]. Since that time, all documents in the case have been filed under seal.” [St. Petersburg Times, 10/28/2001] In May 2002, three full years after his arrest, the New York Times will report that “Nawawi remains in federal custody even now, although he has not been charged with conspiring in the embassy bombing.” [New York Times, 5/18/2002] As of the end of 2005, there appears to be no further news on what has happened to Nawawi, and no sign of any trial. When Nawawi is arrested, he is working as a taxi driver. At this time Al-Qaeda operative Nabil al-Marabh is working as a taxi driver about 80 miles away in Tampa, Florida, and while the similarity is intriguing, there is no known reported connection between the two men (see February 1999-February 2000). [St. Petersburg Times, 10/28/2001]

Entity Tags: Ihab Ali Nawawi

Timeline Tags: Complete 911 Timeline

A businessman reportedly approaches Nigerien Prime Minister Ibrahim Mayaki and insists that he meet with an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. Mayaki reportedly interprets “expanding commercial relations” to mean that Iraq is interested in discussing uranium sales. According to Mayaki, he does meet the delegation but avoids discussion of trade issues because of UN sanctions on the country. They reportedly never discuss what the businessman had meant when he said Iraq was interested in “expanding commercial relations.” [US Congress, 7/7/2004] A US embassy official later tells former ambassador Joseph Wilson, who himself will visit Niger to determine the facts behind American concerns that Iraq is attempting to secure Nigerien uranium (see Fall 1999), that Mayaki is extremely wary of dealing with Iraq, and keeps the conversations on very general levels. The Iraqi may have wanted to discuss uranium, the embassy official later recalls, but nothing is ever said on the subject. Wilson later learns from the official that Mayaki speaks to the Iraqi information minister, Muhammad Saeed al-Sahhaf, disparagingly called “Baghdad Bob” by the Americans. At the time, Wilson is not aware of the Iraqi’s identity, so he does not include the name in his report to the CIA. [Wilson, 2004, pp. 27-28] Alan Foley, the director of the CIA’s Nonproliferation Center (see February 5, 2003), will later tell a reporter that an item in Wilson’s report (see March 4-5, 2002) leads him to believe that there may be some truth to the Iraq-Niger allegations. Writing about Foley’s assertion in 2004, Wilson says he believes that Foley is referring to the 1999 conversation between the embassy official and al-Sahhaf. Wilson will ask, “Could it be that we went to war over a conversation in which the word ‘uranium’ was not spoken at all?” The Nigerien official later tells Wilson that he wondered if al-Sahhaf might have intended to ask about a possible uranium deal in subsequent conversations. “Was that the smoking gun that could supposedly have become a mushroom cloud?” Wilson will ask. “And so is it possible that, because of that non-conversation, [thousands of] Americans have been killed, and [billions] of national treasure spent?” [Wilson, 2004, pp. 424]

Entity Tags: Muhammad Saeed al-Sahhaf, Joseph C. Wilson, Ibrahim Mayaki, Alan Foley

Timeline Tags: Niger Uranium and Plame Outing

Paul Wolfowitz, who served as undersecretary of defense for policy in the George H. W. Bush administration, first learns of the case of Richard Barlow, according to a statement made later by Wolfowitz. Barlow was an analyst of Pakistan’s nuclear weapons program who was fired for attempting to tell Congress the truth about what the US knew about the program. Wolfowitz will say he learns of the case around this time when he is asked to supply an affidavit to Barlow’s lawyers, who are involved in a civil action. According to a statement made by Wolfowitz in February 2001 during a hearing to confirm him as deputy secretary of defense, the reason Wolfowitz did not know of the case before was that most of the events concerning Barlow’s termination occurred before he became undersecretary of defense for policy. Wolfowitz joined the Defense Department at some time in mid-to-late 1989 (see March 20, 1989 and After) after leaving his position as US ambassador to Indonesia that May (see May 1989). The Barlow situation came to a head that August (see August 4, 1989). [Levy and Scott-Clark, 2007, pp. 300, 518] The case of Barlow is fairly well known at this time and has been the subject of several media reports, one of the most prominent being a 1993 New Yorker piece by Seymour Hersh. [New Yorker, 3/29/1993]

Entity Tags: Paul Wolfowitz, Richard Barlow

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

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

A nuclear proliferation network operating in the US penetrates the Pentagon and related institutions, according to FBI whistleblower Sibel Edmonds. Edmonds will later leave the FBI and say she knows this based on telephone conversations she translated as a part of an FBI investigation. The network, which is run by Pakistani scientist A. Q. Khan, but also includes Turkish and Israeli elements, is allegedly helped by a number of senior officials in the Pentagon. Edmonds will later say: “The [senior officials] provided lists of potential moles from Pentagon-related institutions who had access to databases concerning this information. The handlers, who were part of the diplomatic community, would then try to recruit those people to become moles for the network. The lists contained all their ‘hooking points,’ which could be financial or sexual pressure points, their exact job in the Pentagon and what stuff they had access to.” One of the Pentagon figures that is a target of the FBI investigation is Larry Franklin, an analyst who will be jailed in 2006 for passing US defense information to lobbyists and sharing classified information with an Israeli diplomat. According to Edmonds, Franklin is “one of the top people providing information and packages during 2000 and 2001.” [Sunday Times (London), 1/6/2008]

Entity Tags: US Department of Defense, Larry Franklin, Abdul Qadeer Khan, Sibel Edmonds, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

While the 9/11 hijackers are in the US, the NSA intercepts several calls between them and an al-Qaeda communications hub in Sana’a, Yemen, run by Ahmed al-Hada, who is hijacker Khalid Almihdhar’s father-in-law (see August 4-25, 1998).
Summary of Calls -
bullet The first calls are made by Almihdhar and are intercepted during the spring and summer of 2000 (see Spring-Summer 2000).
bullet More calls are made by hijacker Nawaf Alhazmi after the bombing of the USS Cole in October 2000 (see Mid-October 2000-Summer 2001).
bullet The final call from the US is intercepted just a few weeks before 9/11 (see (August 2001)).
The NSA intercepted the hijackers’ calls outside the US before this (see Early 1999 and December 29, 1999) and continues to do so in 2000 (see Summer 2000) after Almihdhar returns to Yemen (see June 10, 2000 and (Mid-June-Mid-July 2000)).
Calls' Content - Some of the calls may only contain non-operational information, as they are reportedly between Almihdhar and his wife. [9/11 Commission, 7/24/2004, pp. 222; Suskind, 2006, pp. 94; Wright, 2006, pp. 343] However, the calls are also used to relay messages to the 9/11 hijackers. [Embassy of Yemen (Washington), 2/13/2002; MSNBC, 2/14/2002; MSNBC, 5/2005]
Agencies' Roles - The CIA is the lead agency monitoring the communications hub. It has planted bugs inside it and is wiretapping all calls (see Late August 1998). Intercepts of calls to and from the hub are a major plank of the US intelligence community’s effort to fight al-Qaeda. Also involved is the FBI, which is using phone records to plot these calls on a map (see Late 1998-Early 2002). Some of the calls intercepted by US intelligence come from Osama bin Laden’s satellite phone in Afghanistan (see August 4-25, 1998 and Late August 1998). After 9/11, counterterrorism officials will say that the number was one of the hottest targets being monitored by the NSA and was an “intelligence bonanza.” [Los Angeles Times, 12/21/2005; Wright, 2006, pp. 343]
Importance of Failure - Also after 9/11, counterterrorism officials will agree that the failure to follow leads to the US from this number was a huge missed opportunity to stop the 9/11 plot. For instance, FBI agent Kenneth Maxwell will say: “Two al-Qaeda guys living in California—are you kidding me? We would have been on them like white on snow: physical surveillance, electronic surveillance, a special unit devoted entirely to them.” [MSNBC, 7/21/2004; New Yorker, 7/10/2006 pdf file]
Discussed after 9/11 - The failure to roll up the plot based on these communications intercepts will be discussed following 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Khalid Almihdhar, Nawaf Alhazmi, National Security Agency, Hoda al-Hada, Ahmed al-Hada, Kenneth Maxwell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

A covert recording made by the FBI indicates that a Turkish agent is trying to sell nuclear information that he stole from an air force base in Alabama, according to FBI whistleblower Sibel Edmonds. Edmonds will later say that he meets two Saudi Arabian businessmen in Detroit to sell the information. When she listens to the recording, she hears the agent saying, “We have a package and we’re going to sell it for $250,000.” The agent is connected to a ring fronted by Turkish and Israeli elements that arranges the illicit transfer of nuclear information and technology to Pakistan via Turkey (see Mid-Late 1990s and (1997-2002)). [Sunday Times (London), 1/6/2008]

Entity Tags: Sibel Edmonds, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

After 9/11 hijacker Khalid Almihdhar returns to the Middle East (see June 10, 2000 and (Mid-June-Mid-July 2000)), the NSA continues to intercept his telephone calls to and from an al-Qaeda communications hub in Sana’a, Yemen, where his wife and children live. US intelligence understands that this is one of the most important al-Qaeda hot spots, and has been closely monitoring it since at least late 1998 (see August 4-25, 1998 and Late 1998-Early 2002). It also intercepts calls between hijacker Salem Alhazmi and the hub, as well as conversations between his brother, hijacker Nawaf Alhazmi, in the US and the hub (see Mid-October 2000-Summer 2001). [US Congress, 7/24/2003, pp. 157 pdf file; 9/11 Commission, 7/24/2004, pp. 222; Wright, 2006, pp. 343] The NSA had previously intercepted calls made by the hijackers to and from the communications hub, both when they were in the US and outside it (see Early 2000-Summer 2001).

Entity Tags: Salem Alhazmi, Khalid Almihdhar, Nawaf Alhazmi, National Security Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

People involved in the 2000 PNAC report (from top left): Vice
President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld,
Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis
Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov
Zakheim, and author Eliot Cohen.
People involved in the 2000 PNAC report (from top left): Vice President Cheney, Florida Governor Jeb Bush, Defense Secretary Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Cheney Chief of Staff I. Lewis Libby, Undersecretary of State John Bolton, Undersecretary of Defense Dov Zakheim, and author Eliot Cohen. [Source: Public domain]The neoconservative think tank Project for the New American Century writes a “blueprint” for the “creation of a ‘global Pax Americana’” (see June 3, 1997). The document, titled Rebuilding America’s Defenses: Strategies, Forces and Resources for a New Century, was written for the George W. Bush team even before the 2000 presidential election. It was written for future Vice President Cheney, future Defense Secretary Rumsfeld, future Deputy Defense Secretary Paul Wolfowitz, Florida Governor and Bush’s brother Jeb Bush, and Cheney’s future chief of staff Lewis Libby. [Project for the New American Century, 9/2000, pp. iv and 51 pdf file]
Plans to Overthrow Iraqi Government - The report calls itself a “blueprint for maintaining global US preeminence, precluding the rise of a great power rival, and shaping the international security order in line with American principles and interests.” The plan shows that the Bush team intends to take military control of Persian Gulf oil whether or not Saddam Hussein was in power and should retain control of the region even if there is no threat. It says: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.” The report calls for the control of space through a new “US Space Forces,” the political control of the internet, the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran and other countries. It also mentions that “advanced forms of biological warfare that can ‘target’ specific genotypes may transform biological warfare from the realm of terror to a politically useful tool” (see February 7, 2003). [Project for the New American Century, 9/2000 pdf file; Sunday Herald (Glasgow), 9/7/2002]
Greater Need for US Role in Persian Gulf - PNAC states further: “The United States has for decades sought to play a more permanent role in Gulf regional security. While the unresolved conflict with Iraq provides the immediate justification, the need for a substantial American force presence in the Gulf transcends the issue of the regime of Saddam Hussein.”
'US Space Forces,' Control of Internet, Subversion of Allies - PNAC calls for the control of space through a new “US Space Forces,” the political control of the Internet, and the subversion of any growth in political power of even close allies, and advocates “regime change” in China, North Korea, Libya, Syria, Iran, and other countries.
Bioweapons Targeting Specific Genotypes 'Useful' - It also mentions that “advanced forms of biological warfare that can ‘target” specific genotypes may transform biological warfare from the realm of terror to a politically useful tool.”
'A New Pearl Harbor' - However, PNAC complains that thes changes are likely to take a long time, “absent some catastrophic and catalyzing event—like a new Pearl Harbor.” [Los Angeles Times, 1/12/2003]
Bush Will Claim a 'Humble' Foreign Policy Stance - One month later during a presidential debate with Al Gore, Bush will assert that he wants a “humble” foreign policy in the Middle East and says he is against toppling Saddam Hussein in Iraq because it smacks of “nation building” (see October 11, 2000). Around the same time, Cheney will similarly defend Bush’s position of maintaining President Clinton’s policy not to attack Iraq, asserting that the US should not act as though “we were an imperialist power, willy-nilly moving into capitals in that part of the world, taking down governments.” [Washington Post, 1/12/2002] Author Craig Unger will later comment, “Only a few people who had read the papers put forth by the Project for a New American Century might have guessed a far more radical policy had been developed.” [Salon, 3/15/2004] A British member of Parliament will later say of the PNAC report, “This is a blueprint for US world domination—a new world order of their making. These are the thought processes of fantasist Americans who want to control the world.” [Sunday Herald (Glasgow), 9/7/2002] Both PNAC and its strategy plan for Bush are almost virtually ignored by the media until a few weeks before the start of the Iraq war (see February-March 20, 2003).

Abd al-Rahim al-Nashiri, an al-Qaeda leader involved in the attack on the USS Cole, is said to meet two associates, Ahmed al-Hada and al-Hada’s nephew Ramzi bin al-Shibh, in Yemen. [Die Zeit (Hamburg), 10/1/2002; Newsweek, 12/2/2002] Al-Hada, an operative who runs a communications hub for Osama bin Laden, has been under surveillance since 1998, at least (see August 4-25, 1998). The surveillance of al-Hada is reportedly so important that his house is monitored by spy satellites, to visually identify everyone coming and going (see Late August 1998), although it is unclear where the meeting with al-Nashiri takes place. The exact timing of this meeting and that with bin al-Shibh is not known, although bin al-Shibh stays in Yemen for about four weeks up until a month before the bombing (see August-September 2000), and then arrives in Yemen again one day before the bombing (see October 10-21, 2000). [Newsweek, 12/2/2002] Bin al-Shibh is repeatedly denied a US visa. Although the earlier applications are denied on the grounds he may stay in the US, it will later be suggested that his presumed role in the Cole bombing may have influenced one or more later denials (see May 17, 2000-May 2001).

Entity Tags: Ahmed al-Hada, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the months after the USS Cole is bombed in autumn 2000 (see October 12, 2000), the NSA intercepts about half a dozen communications between hijacker Nawaf Alhazmi in the US and an al-Qaeda communications hub in Sana’a, Yemen, run by hijacker Khalid Almihdhar’s father in law, Ahmed al-Hada. [MSNBC, 7/21/2004; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The hub and people associated with it are thought to have played a support role in the Cole bombing (see also October 14-Late November, 2000 and October 4, 2001). [CNN, 2/14/2002; MSNBC, 7/21/2004] It was also involved in the bombing of US embassies in Tanzania and Kenya (see August 4-25, 1998). The NSA has been monitoring the number for at least two years (see Late August 1998) and the FBI has used it to map al-Qaeda’s global organisation (see Late 1998-Early 2002). The NSA had previously intercepted calls between hijacker Khalid Almihdhar in the US and the hub (see Spring-Summer 2000 and Early 2000-Summer 2001) and also intercepts a call between Alhazmi and the hub a few weeks before 9/11 (see (August 2001)).

Entity Tags: Nawaf Alhazmi, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s investigation of the USS Cole bombing in Aden, Yemen, connects the bombers to an al-Qaeda communications hub in Sana’a, the country’s capital, which has been monitored by the US for at least two years (see Late August 1998 and Mid-August 1998-October 2000). It was also used in the East African embassy bombings (see August 4-25, 1998) and will be used by the 9/11 hijackers (see Early 2000-Summer 2001). It is not known when this connection is made. No apparent action is taken against Ahmed al-Hada, the operative who runs the communications hub, before 9/11. However, this may be due to the importance of intelligence generated from his phone (see Late 1998-Early 2002). In early 2001, al-Hada will be publicly identified as an al-Qaeda operative at the embassy bombings trial, when his phone number is disclosed openly in court and reported in the media (see February 2001 and After). Yet he still is not publicly indicted for either the embassy bombings or the Cole bombing, even though a number of other fugitives are publicly indicted. In 2002, US officials will describe al-Hada as a “prominent al-Qaeda member who is believed to have been involved in the Cole bombing,” and say his phone was used by the bombers to relay messages and “put everything together” before the attack. [MSNBC, 2/14/2002; MSNBC, 5/2005]

Entity Tags: Federal Bureau of Investigation, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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