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Context of 'November 14, 2001: Cheney: Terror Suspects ‘Don’t Deserve to be Treated as Prisoner[s] of War’'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

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

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

Henry Kissinger.Henry Kissinger. [Source: Library of Congress]Secretary of State Henry Kissinger, determined to prove to President Nixon that news stories about the secret Cambodian bombings are not being leaked to the press by liberals in the National Security Council offices, urges FBI director J. Edgar Hoover to wiretap several of Nixon’s top aides, as well as a selection of reporters. Kissinger will later deny making the request. [Werth, 2006, pp. 169] In March 1973, W. Mark Felt, the deputy director of the FBI and Washington Post reporter Bob Woodward’s famous “Deep Throat” background source, will confirm the wiretappings, saying: “In 1969, the first targets of aggressive wiretapping were the reporters and those in the administration who were suspected of disloyalty. Then the emphasis was shifted to the radical political opposition during the [Vietnam] antiwar protests. When it got near election time [1972], it was only natural to tap the Democrats (see Late June-July 1971 and May 27-28, 1972). The arrests in the Watergate (see 2:30 a.m.June 17, 1972) sent everybody off the edge because the break-in could uncover the whole program.” [Bernstein and Woodward, 1974, pp. 271] Felt will tell Woodward that two of the reporters placed under electronic surveillance are Neil Sheehan and Hedrick Smith. Pentagon Papers leaker Daniel Ellsberg will leak the Defense Department documents to Sheehan (see March 1971). Eventually, future FBI director William Ruckelshaus will reveal that at least 17 wiretaps are ordered between 1969 and 1971. The logs of those wiretaps are stored in a safe in White House aide John Ehrlichman’s office. In all, 13 government officials and four reporters are monitored. [Bernstein and Woodward, 1974, pp. 313] The FBI will send Kissinger 37 letters reporting on the results of the surveillance between May 16, 1969 and May 11, 1970. When the surveillance is revealed to the Senate Watergate Committee, it will be shown that among those monitored are Nixon speechwriter and later New York Times columnist William Safire; Anthony Lake, a top Kissinger aide who will later resign over the secret bombings of Cambodia; and the military assistant to Secretary of Defense Melvin Laird, whom Kissinger regards as a political enemy. [Woodward, 2005, pp. 21-22]

Entity Tags: Richard M. Nixon, J. Edgar Hoover, Henry A. Kissinger, Hedrick Smith, Anthony Lake, Melvin Laird, Neil Sheehan, William Safire, W. Mark Felt, National Security Council, William Ruckelshaus

Timeline Tags: Civil Liberties, Nixon and Watergate

Dan Hill.Dan Hill. [Source: Amanda Gordon / Bloomberg]Dan Hill, a US Army Ranger who is undergoing officer training, comes up with a hypothetical plan by which the Soviet Union could start a nuclear war with the United States, which involves a suicide pilot crashing a military transport plane into the US Capitol building in Washington, DC.
Trainees Tasked with Imagining How to Start a World War - After his tour in Vietnam came to an end in mid-1969, Hill was chosen for the career officer training program at Fort Benning, Georgia. He is currently taking a course in nuclear weapons deployment. Toward the end of the semester, he is given the assignment of imagining he is a Soviet premier who wants to start World War III against the US. Hill and his fellow trainees are told to prepare a written plan, describing how they would initiate the war.
Plan Involves Crashing Plane into Capitol Building - Hill comes up with a plan, which he gives the code name “State of the Union.” It involves recruiting and training a suicide pilot, obtaining a C-47 transport plane, and filling it with explosives. Then, as journalist and author James B. Stewart will describe: “On the night of the State of the Union, the pilot would fly the plane straight into the Capitol building, through the rotunda, and into the House of Representatives, where the bombs on the plane would be set to explode. He’d take out the president, his cabinet, the members of the Supreme Court, the Joint Chiefs of Staff, and most senators and representatives. At that moment, the Soviet Union would unleash its nuclear missiles.” According to Hill, everyone in the US would be “watching TV, there’s no air defense around the Capitol; by the time anyone realized an aircraft was near, it would be too late.”
Commander Questions Hill about His Plan - On the Monday after Hill submits his plan, a lieutenant colonel in intelligence stops him on his way to class and says, “I’ve got some people who would like to talk to you.” Hill is taken to a room where Major General John Carley, the assistant commander of the infantry school, is waiting, along with six men in uniform and several other men who are dressed in dark suits, all of them looking serious. Carley is holding Hill’s paper and asks, “How did you come up with this?” Hill replies, “This is my area of expertise,” and explains that he has been trained in unconventional warfare, counterterrorism, the use of explosives, and demolition. He is then questioned for almost an hour about his plan. Finally, Carley says, “We’d prefer you forget you ever did this.” Hill agrees to do so and is then dismissed.
Hill Informs Friend about His Plan - Hill writes to his friend Rick Rescorla, who has also served in the Army, about the incident. In his reply, Rescorla writes: “You evil-minded b_stard! When you have these thoughts, don’t publicize them to anyone. The plan is tactically and technically proficient; it makes sense, but only to people like you and me. To the rest of the world, it looks like the workings of a deviant mind. This kind of thing terrifies people.” [Stewart, 2002, pp. 152-153] Rescorla will subsequently work as the head of security for a company at the World Trade Center. [New Yorker, 2/11/2002] While he is in that position, he will be drawing from Hill’s plan when, after the 1993 bombing, he determines that terrorists will likely target the WTC again by crashing a cargo plane into it (see Shortly After February 26, 1993). [Stewart, 2002, pp. 193-194] Hill will learn that, shortly after his meeting with Carley, enhanced air defenses were installed for Washington. He will therefore think that some good may have come from the meeting. [Stewart, 2002, pp. 153]

Entity Tags: Rick Rescorla, John Carley, Daniel J. Hill

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

President Nixon authorizes the creation of a “special investigations unit,” later nicknamed the “Plumbers,” to root out and seal media leaks. The first target is Daniel Ellsberg, who leaked the Pentagon Papers to the press (see June 13, 1971); the team will burglarize the office of Ellsberg’s psychiatrist, Dr. Lewis Fielding, in hopes of securing information that the White House can use to smear Ellsberg’s character and undermine his credibility (see September 9, 1971). Nixon aide John Ehrlichman, who supervises the “Plumbers,” will later say that the Ellsberg burglary is “the seminal Watergate episode.” Author Barry Werth will later write, “[L]ike all original sins, it held the complete DNA of subsequent misdeeds.” During the upcoming court battle over the documents, Nixon tells his aide Charles Colson: “We’ve got a countergovernment here and we’ve got to fight it. I don’t give a damn how it’s done. Do whatever has to be done to stop those leaks.… I don’t want to be told why it can’t be done.” Whatever damaging information the “Plumbers” can find on Ellsberg will be itself leaked to the press, Nixon says. “Don’t worry about his trial [referring to Ellsberg’s arrest on conspiracy and espionage charges (see June 28, 1971) ]. Just get everything out. Try him in the press… leak it out.” [Werth, 2006, pp. 84-87] As he is wont to do, Nixon refers to his own success in convicting suspected Communist spy Alger Hiss in 1950. “We won the Hiss case in the papers,” he says. “We did. I had to leak stuff all over the place. Because the Justice Department would not prosecute it.… It was won in the papers…. I leaked out the papers. I leaked everything.… I leaked out the testimony. I had Hiss convicted before he ever got to the grand jury.” [Kutler, 1997, pp. 10; Reeves, 2001, pp. 337-338] In July 1973, FBI deputy director W. Mark Felt, the notorious “Deep Throat” (see May 31, 2005) will tell reporter Bob Woodward that Nixon created the Plumbers because the FBI would not do his bidding in regards to Ellsberg. Had the FBI agreed to investigate Ellsberg to the extent Nixon wanted, he would not have created the “Plumbers.” “The problem was that we [the FBI] wouldn’t burglarize” (see June 30-July 1, 1971), Felt will say. Ehrlichman will later testify, “Those fellows were going out as substitutes for the FBI.” [Woodward, 2005, pp. 107]

Entity Tags: Federal Bureau of Investigation, ’Plumbers’, Alger Hiss, Daniel Ellsberg, Richard M. Nixon, W. Mark Felt, Lewis Fielding, Bob Woodward, John Ehrlichman

Timeline Tags: Nixon and Watergate

July 1, 1971: Felt Becomes #3 FBI Official

FBI Director J. Edgar Hoover promotes W. Mark Felt to be the #3 official in the bureau. Though Hoover’s longtime assistant and confidante Clyde Tolson is putatively the #2 man at the bureau, Tolson is seriously ill and does not often come to work, so Felt essentially becomes the FBI’s deputy director, in charge of day-to-day operations. Felt has access to virtually every piece of information the FBI possesses. Felt will become the celebrated “Deep Throat,” Washington Post reporter Bob Woodward’s inside source for the Watergate investigations (see May 31, 2005). [Woodward, 2005, pp. 35]

Entity Tags: Bob Woodward, Clyde Tolson, Federal Bureau of Investigation, J. Edgar Hoover, W. Mark Felt

Timeline Tags: Nixon and Watergate

May 3, 1972: Gray Named FBI Director

L. Patrick Gray.L. Patrick Gray. [Source: Associated Press]L. Patrick Gray, an assistant attorney general in the Justice Department, is named the acting director of the FBI by President Nixon. [Federal Bureau of Investigation, 2007] Gray, a Navy veteran and a “straight arrow” who neither smokes nor drinks, hires the first female FBI agents and relaxes the rigid agency dress code. He has a long relationship with Nixon, and worked on Nixon’s staff in the late 1950s when Nixon was vice president. Considered an outsider by many FBI officials, his naming to the post particularly infuriates deputy director W. Mark Felt, who believes he should have been given the post. Felt, who becomes the celebrated Watergate source “Deep Throat” (see May 31, 2005), may have decided to leak Watergate-related information in part because of his dislike for Gray and his resentment at not becoming director. [New York Times, 7/7/2005]

Entity Tags: W. Mark Felt, Richard M. Nixon, L. Patrick Gray, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Arthur Bremer being restrained after shooting George Wallace.Arthur Bremer being restrained after shooting George Wallace. [Source: Kansas City Star]Around 4 p.m, gunman Arthur Bremer shoots Alabama Governor George Wallace in a Maryland shopping center. Wallace, mounting a third-party bid for the presidency, survives the shooting, but is crippled for life. He is also essentially out of the race. The political ramifications are powerful: Wallace, a segregationist Democrat, is doing well in many Southern states. With Wallace out of the picture, his voters will almost uniformly go to Richard Nixon, and whatever threadbare chance of victory Democratic candidate George McGovern has of defeating Nixon is over.
Lone Gunman - There is no evidence to connect Nixon or the GOP with Bremer—all evidence will show that Bremer is a classic “lone gunman” who stalked several presidential candidates before gunning down Wallace—but Nixon and his campaign officials know that even a hint of a connection between the Nixon campaign and Bremer would be politically devastating.
Break-in - On the night of the shooting, Nixon aide Charles Colson orders campaign operative E. Howard Hunt (see 2:30 a.m.June 17, 1972) to break into Bremer’s Milwaukee apartment to discover if Bremer had any political connections (hopefully Democratic or liberal connections, though none are ascertained). [Woodward, 2005, pp. 47-50] Interestingly, by 6:30 p.m., White House communications official Ken Clawson calls the Washington Post to announce that “left-wing” literature had been found in Bremer’s apartment, and that Bremer may have been associated with the presidential campaign of George McGovern. No such evidence is found. Colson tells reporters that Bremer is a dues-paying member of the Young Democrats of Milwaukee, a lie that makes it into several newspapers. Post editor Howard Simons will consider the idea that Wallace was assassinated on the orders of the White House—“the ultimate dirty trick”—but no evidence of that connection ever surfaces. [Bernstein and Woodward, 1974, pp. 326; Reeves, 2001, pp. 480]
FBI Leaves Apartment - Hunt will claim in his autobiography, Undercover, that he refused the order to burglarize Bremer’s apartment. The FBI finds both left-wing and right-wing literature in Bremer’s apartment, as well as a diary whose opening line is, “Now I start my diary of my personal plot to kill by pistol either Richard Nixon or George Wallace.” Local reporters will later claim that the FBI leaves Bremer’s apartment for about 90 minutes, during which time reporters and other unidentified figures are able to spirit away papers and other materials. It is not clear whether Hunt is one of those “unidentified figures.” [Spartacus Schoolnet, 8/2007]
Deep Throat - Top FBI official W. Mark Felt provides useful information for Washington Post reporter Bob Woodward’s profile of Bremer, operating as a “deep background” source. It is the first time Felt, who will become Woodward’s “Deep Throat” Watergate source (see May 31, 2005), gives important information to Woodward. [Woodward, 2005, pp. 47-50]

Entity Tags: Richard M. Nixon, Howard Simons, W. Mark Felt, George S. McGovern, Ken Clawson, E. Howard Hunt, Arthur Bremer, Bob Woodward, Charles Colson, George C. Wallace

Timeline Tags: Nixon and Watergate, Elections Before 2000

Washington Post reporter Bob Woodward learns that two of the Watergate burglars (see 2:30 a.m.June 17, 1972) have the name “E. Howard Hunt” in their address books, both with notations that indicate Hunt has a post at the White House. Woodward contacts his FBI source, W. Mark Felt—later known as “Deep Throat” (see May 31, 2005)—and asks Felt the first of many Watergate-related questions. Felt is reticent, merely telling Woodward that the burglary will “heat up” before hanging up on Woodward. Unsure what to do next, Woodward calls the White House and asks for Hunt. When no one answers Hunt’s office phone, the White House operator suggests that Hunt may be in the office of Charles Colson, the special counsel to President Nixon. Colson’s office gives Woodward the number of the Mullen Company, a public relations firm for which Hunt writes (Mullen is a possible CIA front company—see June 17, 1972). Woodward calls Hunt there, and when Hunt answers, asks him why his name is in the address book of two of the Watergate burglars. “Good God!” Hunt shouts, then says he has no comment, and slams down the phone. Within hours, Hunt will go into hiding. White House communications official Ken Clawson tells Woodward that Hunt worked with the White House in declassifying the Pentagon Papers (see March 1971), and, more recently, on a narcotics enforcement project. Clawson then puzzles Woodward by making the following unsolicited statement: “I’ve looked into the matter very thoroughly, and I am convinced that neither Mr. Colson nor anyone else at the White House had any knowledge of, or participation in, this deplorable incident at the Democratic National Committee.” Woodward soon learns that Hunt was a CIA agent between 1949 and 1970. Woodward again calls Felt, who guardedly tells him that Hunt is connected to the burglaries by far more than mere address books. Felt does not tell Woodward that he has already reviewed Hunt’s White House personnel file, and found that Hunt worked over 600 hours for Colson in less than a year. [Bernstein and Woodward, 1974, pp. 24-25; Woodward, 2005, pp. 56-58]

Entity Tags: W. Mark Felt, Bob Woodward, Charles Colson, Mullen Company, Democratic National Committee, Ken Clawson, E. Howard Hunt

Timeline Tags: Nixon and Watergate

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Martha Mitchell.Martha Mitchell. [Source: Bettmann / Corbis]Martha Mitchell, the wife of Nixon campaign director John Mitchell, makes an unexpected phone call to UPI reporter Helen Thomas. Mrs. Mitchell is initially calm and even a bit sad, but when Thomas brings up the subject of Watergate, Mrs. Mitchell becomes agitated. She is “sick of the whole business,” she says, and adds: “I’ve given John an ultimatum. I’m going to leave him unless he gets out of the campaign. I’m sick and tired of politics. Politics is a dirty business.” [Thomas, 1999, pp. 210-211] Suddenly she screams, “You just get away—get away!” and the line goes dead. [Reeves, 2001, pp. 508] Three days later she calls Thomas again and asserts that she is a political prisoner in her own home. “I’m not going to stand for all of those dirty things that go on,” she shouts. “If you could see me, you wouldn’t believe it. I’m black and blue.” Washington Post reporter Bob Woodward believes that Mrs. Mitchell might be an unexpected fount of information about her husband’s inner dealings in the Watergate conspiracy, but when he interviews her in September, she will reveal nothing of import. [Bernstein and Woodward, 1974, pp. 92-95] In October 1972, W. Mark Felt, Washington Post reporter Bob Woodward’s FBI background source (see May 31, 2005), says of Mrs. Mitchell, “She knows nothing, apparently, but that doesn’t mean she won’t talk.” [Bernstein and Woodward, 1974, pp. 133]

Entity Tags: Martha Mitchell, W. Mark Felt, Helen Thomas, John Mitchell, Bob Woodward

Timeline Tags: Nixon and Watergate

The Rosslyn parking garage where Woodward and Felt meet.The Rosslyn parking garage where Woodward and Felt meet. [Source: Washington Post]Washington Post reporter Bob Woodward visits his FBI source, top bureau official W. Mark Felt (see May 31, 2005), at Felt’s suburban Virginia home. Felt instructs Woodward that if he is to continue funneling information to Woodward as his “deep background” source, ground rules need to be set. Felt brings his early FBI experience as a Nazi tracker to bear. No more phone calls and no more visits, Felt says. Woodward needs an unobtrusive way to contact Felt to arrange a meeting; Felt suggests that Woodward use a flowerpot with a small red flag currently on his apartment balcony. Moving the flowerpot from the front of the balcony to the rear will alert Felt that Woodward wants a meeting. The meetings will take place at 2 a.m. on the bottom level of an underground parking garage in Rosslyn, Virginia. Woodward is to employ countersurveillance techniques for these meetings—taking the stairs instead of the elevators, taking taxicabs instead of his personal car, switching cabs, walking the last few blocks to the garage. If Felt wants a meeting, he will, by methods he never explains, indicate this by marking Woodward’s morning copy of the New York Times. Woodward is never to divulge anything of Felt’s contacts or their relationship to anyone, Felt insists. “I had never heard of such extreme precautions,” Woodward recalls in 2005. “It was extraordinary.” Woodward realizes that Felt is an extraordinary source taking extraordinary risks, and agrees to the procedures. [Woodward, 2005, pp. 61-66]

Entity Tags: Bob Woodward, Federal Bureau of Investigation, W. Mark Felt

Timeline Tags: Nixon and Watergate

US Attorney Earl Silbert, the chief prosecutor for the Watergate burglary case (see 2:30 a.m.June 17, 1972), has the FBI “electronically sweep his office as well as the federal grand jury area” for surveillance devices. Silbert asks for the sweep because of information appearing in the Washington Post’s Watergate reporting that Silbert believes may be coming from inside the courthouse. The sweep, conducted on September 5, finds nothing. FBI deputy director W. Mark Felt—“Deep Throat” (see May 31, 2005)—signs off on Silbert’s request. [Woodward, 2005, pp. 68]

Entity Tags: W. Mark Felt, Earl Silbert, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Disappointed that the Watergate burglary indictments do not extend further than the five burglars and their two handlers (see 2:30 a.m.June 17, 1972 and September 15, 1972), Washington Post reporter Bob Woodward contacts W. Mark Felt (“Deep Throat”—see May 31, 2005), his FBI source, to ask about a story he and fellow reporter Carl Bernstein have drafted about the indictment. Woodward breaks the rules Felt laid down for contacting him (see August 1972), but Felt does not complain. Instead, Felt tells Woodward that the story is “[t]oo soft.” “You can go much stronger,” he says. Felt tells Woodward to look into “other intelligence gathering activities” beyond Watergate. Felt says that the money for the burglary and other operations is controlled by top assistants to former Attorney General John Mitchell, now chief of the Nixon re-election campaign (CREEP). In a frantic set of meetings with Judy Hoback, the treasurer of CREEP, Bernstein learns of a secret campaign fund managed by two top campaign aides, Jeb Magruder and Herbert L. “Bart” Porter, as well as White House aide and Watergate figure G. Gordon Liddy. Woodward calls Felt for more details, and after Felt abjures Woodward to make this his last phone call, confirms Magruder and Porter’s involvement. In essence, Felt tells Woodward to “follow the money,” though Woodward will not recall Felt using those exact words. [Bernstein and Woodward, 1974, pp. 73; Woodward, 2005, pp. 69-71]

Entity Tags: John Mitchell, Campaign to Re-elect the President, Bob Woodward, Carl Bernstein, Herbert L. Porter, G. Gordon Liddy, W. Mark Felt, Judy Hoback, Jeb S. Magruder

Timeline Tags: Nixon and Watergate

Around 2 a.m., Washington Post reporter Bob Woodward meets his FBI source, W. Mark Felt (popularly called “Deep Throat”—see May 31, 2005) in the underground parking garage Felt has designated as their rendezvous (see August 1972). Woodward’s partner Carl Bernstein has unearthed fascinating but puzzling information about a Nixon campaign “dirty tricks” squad headed by California lawyer Donald Segretti (see June 27, 1971, and Beyond and October 7, 1972). Woodward is desperately searching for a way to pull together the disparate threads of the various Watergate stories. An unusually forthcoming Felt says he will not give Woodward any new names, but directs him to look in “the direction of what was called ‘Offensive Security.’” Things “got all out of hand,” Felt tells Woodward, in “heavy-handed operation[s]” that went farther than perhaps their originators had intended. Felt says bluntly that Nixon campaign chairman John Mitchell was involved, and, “Only the president and Mitchell know” how deep Mitchell’s involvement really is. Mitchell “learned some things in those ten days after Watergate,” information that shocked even him. If what Mitchell knows ever comes to light, it could destroy the Nixon administration. Mitchell himself knew he was ruined after Watergate investigation began, and left the administration to try to limit the damage. Felt adds that Nixon aide John Ehrlichman ordered Watergate burglar E. Howard Hunt to leave town (see June 18, 1972), a revelation that surprises Woodward, since Ehrlichman’s name has not yet come up in the conspiracy stories.
Four Major Groups - There are four major groups within the Nixon presidential campaign, Felt says. The “November Group” handles campaign advertising. Another group handles political espionage and sabotage for both the Republican and Democratic National Conventions. A third “primary group” did the same for the campaign primaries (this group not only worked to sabotage Democrats, but Republican primary opponents of Nixon’s as well). And a fourth, the “Howard Hunt group,” is also known as the “Plumbers,” working under Hunt (see 2:30 a.m.June 17, 1972). Felt calls the Plumbers the “really heavy operations team.” Hunt’s group reports directly to Charles Colson, Nixon’s special counsel. One set of operations by Hunt’s group involved planting items in the press; Felt believes Colson and Hunt leaked stories of former Democratic vice presidential candidate Thomas Eagleton’s drunk driving record to reporters. “Total manipulation—that was their goal, with everyone eating at one time or another out of their hands. Even the press.” The Post is specifically being targeted, Felt warns; the White House plans to use the courts to make Woodward and Bernstein divulge their sources.
Watergate Investigation Deliberately Narrow - Felt says that the Justice Department’s indictments against the seven Watergate burglars (see September 15, 1972) was as narrow as Department officials could make it. Evidence of political espionage or illegal campaign finances that was not directly related to the burglary was not considered. Felt says that the investigation, as narrow as it was, was plagued by witness perjury and evasions.
Everything is Interconnected - Everything—surveillance operations, illegal campaign finances, campaign “dirty tricks”—is interconnected, Felt says. The Segretti story is just the tip of the iceberg: “You could write stories from now until Christmas or well beyond that.” The two men have been alternately standing and sitting in the unlighted parking garage for hours; dawn is approaching, and both are exhausted. Woodward knows he needs specifics, the names of these higher-ups. How is he to know if he is not being railroaded down investigative dead ends by White House media manipulation operations? How about the “Canuck letter” that destroyed the candidacy of Democratic presidential hopeful Edmund Muskie? “It was a White House operation,” Felt replies: “done inside the gates surrounding the White House and the Executive Office Building. Is that enough?” It is not, Woodward retorts. Are there more intelligence and sabotage operations still to come? Woodward angrily says that he is tired of their “chickensh_t games,” with Felt pretending he never provided primary information and Woodward contenting himself with scraps of disconnected information. Felt replies: “Okay. This is very serious. You can safely say that 50 people worked for the White House and CREEP [the Nixon re-election campaign] to play games and spy and sabotage and gather intelligence. Some of it is beyond belief, kicking at the opposition in every imaginable way. You already know some of it.” Woodward lists the many examples that he and Bernstein have been able to unearth: surveillance, following people, press leaks, fake letters, campaign sabotage, investigations of campaign workers’ private lives, theft, campaign provacateurs. Felt nods. “It’s all in the [FBI] files. Justice and the Bureau know about it, even though it wasn’t followed up.” Woodward, despite himself, is stunned. The White House had implemented a systematic plan to subvert the entire electoral process? Had used fifty people to do it? “You can safely say more than fifty,” Felt says, and walks up the ramp and out of the garage. It was 6 a.m. Woodward uses Felt’s information to help create one of the most devastating stories yet published about Watergate (see October 10, 1972). [Bernstein and Woodward, 1974, pp. 130-135; Woodward, 2005, pp. 75-79]
'Organizing Principle' of Watergate - Nixon White House counsel Leonard Garment will write in his 2000 book In Search of Deep Throat (in which he misidentifies the source as obscure Nixon staffer John Sears) that while Woodward’s source did not deliver “much in the way of specific information, he gave Woodward and Bernstein what they needed: an organizing principle.” It is during this time, Garment will write, that the reporters begin to truly understand the entirety of the Watergate conspiracy. [Woodward, 2005, pp. 191-194]

Entity Tags: E. Howard Hunt, Donald Segretti, Charles Colson, Carl Bernstein, Bob Woodward, ’Plumbers’, W. Mark Felt, US Department of Justice, Federal Bureau of Investigation, Richard M. Nixon, John Mitchell, John Ehrlichman, Committee to Re-elect the President, Leonard Garment, Edmund Muskie, John Sears, Thomas F. Eagleton

Timeline Tags: Nixon and Watergate

President Nixon meets in his hideaway office in the Executive Office Building with his chief of staff, H. R. Haldeman. Their conversation is captured on Nixon’s secret taping system (see July 13-16, 1973). Haldeman reports that he has learned from his own secret source that there is a leak in the highest echelons of the FBI, a source apparently funnelling information to Washington Post reporters Bob Woodward and Carl Bernstein: “Mark Felt.” Felt, the deputy director of the bureau, is Woodward’s clandestine background source “Deep Throat” (see May 31, 2005). Haldeman warns Nixon not to say anything because it would reveal Haldeman’s source, apparently some “legal guy” at the Post. Besides, “[I]f we move on [Felt], he’ll go out and unload everything. He knows everything that’s to be known in the FBI.” According to White House counsel John Dean, there are no legal sanctions that can be taken against Felt, because Felt has broken no laws. Dean is worried that if the White House takes any action, Felt will “go out and get himself on network television.” Nixon snarls: “You know what I’ll do with him, the little b_stard. Well, that’s all I want to hear about it.” Haldeman tells Nixon that Felt wants to be director of the FBI. Nixon’s first question: “Is he Catholic?” “No sir, he’s Jewish,” Haldeman replies. “Christ, put a Jew in there?” Nixon asks. “Well, that could explain it too,” Haldeman observes. [Woodward, 2005, pp. 85-86] Acting director L. Patrick Gray will inform Felt of the White House’s suspicions in early 1973, leading Felt to strenuously deny the charge, but Gray will refuse White House demands to fire Felt. [Woodward, 2005, pp. 139]

Entity Tags: L. Patrick Gray, Carl Bernstein, Bob Woodward, Federal Bureau of Investigation, H.R. Haldeman, John Dean, Richard M. Nixon, W. Mark Felt, Nixon administration

Timeline Tags: Nixon and Watergate

H. R. Haldeman.H. R. Haldeman. [Source: Southern Methodist University]Washington Post reporter Bob Woodward runs into difficulty with his FBI source, W. Mark Felt, the infamous “Deep Throat” (see May 31, 2005). Woodward wants information connecting Nixon’s chief of staff, H. R. Haldeman, to the Nixon campaign “slush fund” (see Early 1970), but Felt, apparently afraid of crossing Haldeman (see October 19, 1972), refuses to provide anything specific.
Origin of Error - Woodward and his colleague, Carl Bernstein, attempt to secure confirmation of Haldeman’s role in Watergate through the treasurer of the Nixon campaign’s secret fund (see September 29, 1972), Hugh Sloan. The reporters misinterpret Sloan’s cautious statements as indirect confirmation that Sloan had testified to the FBI of Haldeman’s involvement. Additionally, they misinterpret guarded “confirmations” from two other sources. On October 25, the Post publishes a story about Sloan’s supposed assertions.
'All Hell Broke Lose' - Sloan’s attorney denies that his client ever made such an assertion in his testimony (Sloan will later confirm that Haldeman was indeed in charge of the secret fund, but he never testified to that fact). As Woodward later writes, “All hell broke loose.” Woodward and his partner Carl Bernstein, both clearly upset, offer to resign from the Post, an offer that is refused. The White House celebrates the error, calling into question every story Bernstein and Woodward wrote for the Post; Republican supporters such as Senator Bob Dole (R-KS) join in. Post executive editor Ben Bradlee—who stands by the story—will later say that the erroneous story is his personal low point in the history of the entire Watergate coverage.
Repercussions - Felt is furious with Woodward for the erroneous story. They may have lost Haldeman, Felt says, and worse, have spooked other sources that might otherwise have come forward. “You’ve got people feeling sorry for Haldeman. I didn’t think that was possible.… You put the investigation back months. It puts everyone on the defensive—editors, FBI agents, everybody has to go into a crouch after this.” The reporters write another story admitting the error about Sloan’s testimony, but saying that Haldeman did indeed control the secret campaign fund. Woodward even quotes Felt, identifying him as “one source,” an unprecedented breach of the procedures they have established in using Felt as a “deep background” source. [Bernstein and Woodward, 1974, pp. 173-196; Woodward, 2005, pp. 88-92]

Entity Tags: W. Mark Felt, Washington Post, Hugh Sloan, Federal Bureau of Investigation, Ben Bradlee, H.R. Haldeman, Bob Woodward, Committee to Re-elect the President, Carl Bernstein, Robert J. (“Bob”) Dole

Timeline Tags: Nixon and Watergate

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

W. Mark Felt.W. Mark Felt. [Source: Southern Methodist University]Washington Post reporter Bob Woodward once again meets with his FBI background source, W. Mark Felt—known around the Post offices as “Deep Throat” (see May 31, 2005). Felt says that everyone in the FBI knows, or is convinced, that former Nixon campaign chief John Mitchell and White House aide Charles Colson were the driving forces behind the “Plumbers,” the “special investigative unit” that carried out illegal surveillance and burglaries for the Nixon re-election campaign (see Late June-July 1971). “Colson’s role was active,” Felt says. “Mitchell’s position was more ‘amoral’ and less active—giving the nod but not conceiving the scheme.” While no one at the bureau doubts this, Felt says, there is only “the weakest circumstantial evidence” to prove it. “‘Insulation’ is the key word to understand why the evidence can’t be developed.” He adds, perhaps challengingly, “If the FBI couldn’t prove it, I don’t think the Washington Post can.” Mitchell and Colson sponsored convicted Watergate burglars G. Gordon Liddy and E. Howard Hunt, Felt says. “And if you’ll check, you’ll find that Liddy and Hunt had reputations that are the lowest. The absolute lowest. Hiring these two was immoral. They got exactly what they wanted. Liddy wanted to tap the New York Times and everybody knew it. And not everybody was laughing about it. Mitchell, among others, liked the idea.” (The scheme to wiretap the Times was never carried out.) With the convictions of the burglars (see January 8-11, 1973 and January 30, 1973), the White House’s plan now is to contain the damage and prevent any congressional hearings from finding out anything further. The key to the damage-control plan, Felt says, is the broad claim of presidential “executive privilege” to keep investigators from subpoenaing White House records. Someone from inside the conspiracy is going to have to crack, Felt says, or there will never be more than rumor and circumstantial evidence that will prove nothing. Felt is disgusted with the FBI investigation’s deliberate narrowness (see Mid-January, 1973), saying that it could have gone far deeper and farther afield than it did. “The efforts to separate the Watergate and the espionage-sabotage operations are a lot of bullsh_t,” he says. After heated discussions over Felt’s latest revelations, Woodward and his colleague Carl Bernstein decide there is not enough concrete evidence for a new story. [Bernstein and Woodward, 1974, pp. 243-246]

Entity Tags: Federal Bureau of Investigation, Carl Bernstein, Bob Woodward, Charles Colson, G. Gordon Liddy, E. Howard Hunt, Nixon administration, New York Times, John Mitchell, W. Mark Felt

Timeline Tags: Nixon and Watergate

Washington Post reporter Bob Woodward meets with W. Mark Felt, his secretive “Deep Throat” FBI source (see May 31, 2005), at an out-of-the-way bar in Maryland. During the meeting, Felt warns Woodward that the FBI is up in arms about finding the source, or sources, of news leaks about Watergate. The Nixon campaign lawsuit and subpoenas to Woodward and other reporters (see February 26, 1973) are “only the first step” in an all-out White House campaign against the press in general and the Post in particular. Felt says that Nixon has “told the appropriate people, ‘Go to any length’ to stop them. When he says that, he really means business.” There is about $5 million left in the Nixon campaign fund from the 1972 elections, and Nixon intends to use that money to, as Felt says, “take the Washington Post down a notch.” A full-blown grand jury investigation of the Watergate leaks is being planned, Felt says. Felt describes Nixon as “wild” and “shouting” about the idea. “He thinks the press is out to get him and therefore is disloyal; people who talk to the press are even worse—the enemies within, or something like that.” Felt seems surprisingly unconcerned, and explains that he feels the Nixon administration is, in Woodward’s words, “on the ropes.” “It can’t work. They’ll never get anyone. They never have. They’re hiding things that will come out and even discredit their war against leaks. They can’t stop the real story from coming out. That’s why they’re so desperate.… The flood is coming, I’m telling you.” Felt says that all of this is why L. Patrick Gray pressured the White House into naming him as permanent FBI director (see February 17, 1973), so he could help contain the leaks and ensure that the press never learns the true extent of Watergate. Felt also strongly implies that the Gray nomination is the result of implicit blackmail on Gray’s part—name him FBI director or, as Felt puts it, “all hell could break loose.” Gray and White House counsel John Dean will later deny this. [Bernstein and Woodward, 1974, pp. 268-270; Woodward, 2005, pp. 12-13]

Entity Tags: W. Mark Felt, Bob Woodward, Committee to Re-elect the President, Federal Bureau of Investigation, John Dean, Nixon administration, Washington Post, L. Patrick Gray

Timeline Tags: Nixon and Watergate

An internal FBI memo shows that the bureau suspects one of its own as being a source for Washington Post reporters Bob Woodward and Carl Bernstein for Watergate-related information. The memo reads in part: “As you know, Woodward and Bernstein have written numerous articles about Watergate [in which] they have frequently set forth information which they attribute to Federal investigators, Department of Justice sources and FBI sources.… [T]here is no question but that they have access to sources either in the FBI or the Department of Justice.” The memo says that the FBI’s acting director, L. Patrick Gray, has ordered an analysis of the reporters’ most recent article to determine its source and to locate the FBI leaker. The memo is signed by W. Mark Felt, the FBI’s deputy director and Woodward’s infamous source, nicknamed in the Post newsroom “Deep Throat” (see May 31, 2005). Woodward, who will read the memo for the first time in 1992, will realize as he pores over the document that Felt used the memo to cover his own tracks, not only by initiating the leak inquiry but by casting suspicion, however briefly, on US Attorney Donald Campbell. [Woodward, 2005, pp. 7-11]

Entity Tags: L. Patrick Gray, Bob Woodward, Carl Bernstein, US Department of Justice, Donald Campbell, Washington Post, Federal Bureau of Investigation, W. Mark Felt

Timeline Tags: Nixon and Watergate

After learning that the White House will soon make a dramatic Watergate admission, Washington Post reporter Bob Woodward meets clandestinely with his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005). Felt drops a bombshell. “You’d better hang on for this,” he says. “Dean and Haldeman are out—for sure” (see April 30, 1973). John Dean is President Nixon’s White House counsel and one of the key figures in the Watergate conspiracy. H. R. Haldeman is Nixon’s chief of staff and closest confidante. “Out. They’ll resign. There’s no way the president can avoid it.” Woodward and his colleague Carl Bernstein inform Post editor Ben Bradlee of Felt’s revelation (avoiding any identification of Felt). Bradlee is reluctant to print such an explosive story based on one “deep background” source, no matter how reliable. The story does not go to print. [Woodward, 2005, pp. 75-81] Felt’s story is accurate as far as it goes. The day before, Attorney General Richard Kleindienst had informed President Nixon that Dean and former campaign deputy Jeb Magruder testified, and that they named Haldeman, White House aide John Ehrlichman, and former campaign chief John Mitchell as co-conspirators. Dean went even further, demanding complete immunity and threatening to implicate Nixon if he was not given legal protection. Kleindienst says he will have to recuse himself from further involvement in the investigation because of his close relationship with Mitchell (see April 19, 1973), but deputy attorney general Henry Peterson will keep Nixon informed of any and all events that transpire. [Reeves, 2001, pp. 586-587] It is not clear if Felt knew that Mitchell and Ehrlichman had also been implicated; in any event, he does not inform Woodward. [Woodward, 2005, pp. 75-81]

Entity Tags: W. Mark Felt, Richard M. Nixon, Richard Kleindienst, Nixon administration, John Mitchell, H.R. Haldeman, Carl Bernstein, Henry Peterson, Bob Woodward, John Dean, John Ehrlichman, Ben Bradlee, Jeb S. Magruder

Timeline Tags: Nixon and Watergate

The New York Daily News reports that acting FBI director L. Patrick Gray destroyed potentially incriminating evidence taken from the safe of Watergate burglar E. Howard Hunt (see Late December 1972). Gray, who testified to this days before to the Watergate grand jury, said that he received the material from White House counsel John Dean. “I said early in the game,” Gray testifies, “that Watergate would be a spreading stain that would tarnish everyone with whom it came in contact—and I’m no exception.” Shortly afterwards, Washington Post reporter Bob Woodward learns from his “Deep Throat” source, FBI deputy director W. Mark Felt (see May 31, 2005), that the story is true. Felt informs Woodward that Gray was told by Nixon aides Dean and John Ehrlichman that the files were “political dynamite” that could do more damage to the Nixon administration than Watergate (see June 28, 1972). Woodward realizes that the story means Gray’s career at the FBI is finished. Woodward and his colleague Carl Bernstein write their own report for April 30; the same day, Gray resigns from the FBI (see April 5, 1973). Instead of Felt being named FBI director, as he had hoped, Nixon appoints the head of the Environmental Protection Agency, William Ruckelshaus, to head the bureau. Felt is keenly disappointed. [Time, 8/20/1973; O.T. Jacobson, 7/5/1974 pdf file; Woodward, 2005, pp. 96-98] When he learns of Gray’s actions, Post editor Howard Simons muses: “A director of the FBI destroying evidence? I never thought it could happen.” [Bernstein and Woodward, 1974, pp. 306-307] The FBI’s 1974 report on its Watergate investigation dates Gray’s resignation as April 27, not April 29 [O.T. Jacobson, 7/5/1974 pdf file] , a date supported by reports from Time. [Time, 8/20/1973]

Entity Tags: Carl Bernstein, E. Howard Hunt, John Dean, Bob Woodward, John Ehrlichman, Howard Simons, William Ruckelshaus, L. Patrick Gray, Federal Bureau of Investigation, New York Daily News, W. Mark Felt, Richard M. Nixon

Timeline Tags: Nixon and Watergate

US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]

Entity Tags: Nixon administration, Central Intelligence Agency, Anthony Russo, Daniel Ellsberg, Morton H. Halperin, W. M. Byrne, Jr, US Department of Defense, Federal Bureau of Investigation

Timeline Tags: Nixon and Watergate

Bob Woodward and Carl Bernstein in the offices of the Washington Post.Bob Woodward and Carl Bernstein in the offices of the Washington Post. [Source: Bettmann / Corbis]Washington Post reporter Bob Woodward writes a memo to his editor, Ben Bradlee, largely based on his meetings with his FBI background source, “Deep Throat” (FBI deputy director W. Mark Felt—see May 31, 2005). The memo is full of material that will soon come out in either Senate testimony or the media, but also contains some information that Woodward cannot sufficiently confirm to allow him to write a news report. One of the most explosive items Woodward writes is the line, “Dean talked with Senator Baker after Watergate committee formed and Baker is in the bag completely, reporting back directly to White House.” If this is true, then according to former White House counsel John Dean, now cooperating with the Senate investigation, then the ranking Republican senator on the committee, Howard Baker (R-TN), is a White House “mole,” providing information directly to the White House about the committee’s deliberations, discussions, and future plans. The memo also reports that President Nixon personally threatened Dean and that another White House aide, Jack Caulfield, threatened Watergate burglar James McCord by saying “your life is no good in this country if you don’t cooperate” with the White House efforts to keep the Watergate conspiracy secret. The list of “covert national and international things” done by the Nixon re-election campaign were begun by campaign chief John Mitchell: “The list is longer than anyone could imagine.” According to Felt, “[t]he covert activities involve the whole US intelligence community and are incredible.” Felt refuses to give Woodward “specifics because it is against the law. The cover-up had little to do with the Watergate, but was mainly to protect the covert operations.” Felt has also told Woodward that Nixon himself is being blackmailed by one of the Watergate burglars, E. Howard Hunt (see June 20-21, 1972), at a total cost of around $1 million; the blackmail scheme involves just about every Watergate-connected figure in the White House. One reason the White House “cut loose” Mitchell was because Mitchell could not raise his portion of the money. Felt also told Woodward that senior CIA officials, including CIA director Richard Helms and deputy director Vernon Walters, are involved to some extent. Dean has explosive information that he is ready to reveal, but “plumber” G. Gordon Liddy is willing to go to jail or even die before revealing anything. Finally, rumors are running through the White House and the law enforcement and intelligence communities that Nixon is having “fits of ‘dangerous’ depression.” Some of this information will later be confirmed and reported, some of it will remain unconfirmed. [Bernstein and Woodward, 1974, pp. 317-321; Spartacus Schoolnet, 8/2007] Felt also warns Woodward that he, fellow Post reporter Carl Bernstein, and others at the newspaper may be under CIA surveillance and may even be in personal danger. The reporters confirm much of what Felt provided in a discussion with a Dean associate the next day. But both reporters and the Post editors worry that the new information might be part of an elaborate White House scheme to set up the reporters with false, discreditable information. In the following months, information elicted in the Senate committee hearings verifies everything Felt told Woodward, except the warning about being possibly wiretapped by the CIA. That is never verified. [Bernstein and Woodward, 1974, pp. 317-321]

Entity Tags: G. Gordon Liddy, Federal Bureau of Investigation, Central Intelligence Agency, Carl Bernstein, Bob Woodward, Ben Bradlee, Washington Post, W. Mark Felt, John Mitchell, Senate Watergate Investigative Committee, John J. ‘Jack’ Caulfield, John Dean, Howard Baker, E. Howard Hunt, Vernon A. Walters, Richard Helms, Richard M. Nixon

Timeline Tags: Nixon and Watergate

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

August 16, 1972 front page of the Washington Post, reporting on Nixon’s address.August 16, 1972 front page of the Washington Post, reporting on Nixon’s address. [Source: Southern Methodist University]President Nixon delivers his second prime-time televised speech about Watergate to the nation. He says that both the Senate investigations have focused more on trying to “implicate the president personally in the illegal activities that took place,” and reminds listeners that he has already taken “full responsibility” for the “abuses [that] occurred during my administration” (see April 30, 1973). But in light of the increasing evidence being revealed about the Watergate conspiracy, Nixon’s speech is later proven to be a compilation of lies, half-truths, justifications, and evasions.
'No Prior Knowledge' - He again insists that “I had no prior knowledge of the Watergate break-in; I neither took part in nor knew about any of the subsequent cover-up activities; I neither authorized nor encouraged subordinates to engage in illegal or improper campaign tactics. That was and that is the simple truth.” He says that in all the Senate testimony, “there is not the slightest suggestion that I had any knowledge of the planning for the Watergate break-in.” He says only one witness has challenged his statement under oath, referring to former White House counsel John Dean (see April 6-20, 1973) and June 25-29, 1973), and says Dean’s “testimony has been contradicted by every other witness in a position to know the facts.” Instead, says Nixon, he insisted from the outset that the investigation into the Watergate burglary be “thorough and aboveboard,” and if there were any evidence of “higher involvement, we should get the facts out first.” A cover-up would be unconscionable, he says. He again insists that he was told in September 1972 that an FBI investigation, “the most extensive investigation since the assassination of President Kennedy… had established that only those seven (see June 17, 1972) were involved.” Throughout, Nixon says, he relied on the reports of his staff members, Justice Department, and FBI officials, who consistently reassured him that there was no involvement by anyone in the White House in the burglaries. “Because I trusted the agencies conducting the investigations, because I believed the reports I was getting, I did not believe the newspaper accounts that suggested a cover-up. I was convinced there was no cover-up, because I was convinced that no one had anything to cover up.”
Internal Investigation - He didn’t realize that those assurances were wrong until March 21, when he “received new information from [Dean] that led me to conclude that the reports I had been getting for over nine months were not true.” He immediately launched an internal investigation (see August 29, 1972), initially relying on Dean to conduct the investigation, then turning the task over to his senior aide, John Ehrlichman, and to the Attorney General, Richard Kleindienst. The results prompted him to give the case to the Criminal Division of the Justice Department, ordering the complete cooperation of “all members of the administration.” He never tried to hide the facts, Nixon asserts, but instead has consistently tried “to discover the facts—and to lay those facts before the appropriate law enforcement authorities so that justice could be done and the guilty dealt with.”
Refusal to Turn over Tapes; 'Privileged' Communications - Nixon says he is resisting subpoenas to turn over the secret recordings he has had made of White House and other conversations (see July 13-16, 1973) because of “a much more important principle… than what the tapes might prove about Watergate.” A president must be able to talk “openly and candidly with his advisers about issues and individuals” without having those conversations ever made public. These are “privileged” conversations, he says, similar to those between a lawyer and his client or “a priest and a penitent.” The conversations between a president and his advisers, Nixon says, are “even more important.” The conversations on those tapes are “blunt and candid,” made without thought to any future public disclosure, and for future presidents and their advisers to know that their conversations and advice might one day be made public would cripple their ability to talk freely and offer unfettered opinions. “That is why I shall continue to oppose efforts which would set a precedent that would cripple all future presidents by inhibiting conversations between them and those they look to for advice,” he says. “This principle of confidentiality of presidential conversations is at stake in the question of these tapes. I must and I shall oppose any efforts to destroy this principle.”
'Hard and Tough' Politics - Watergate has come to encompass more than just a burglary, Nixon says, but has brought up issues of partisan politics, “enemy lists” (see June 27, 1973), and even threats to national security. Nixon has always run “hard and tough” political campaigns, but has never stepped outside the law and “the limits of decency” in doing so. “To the extent that these things were done in the 1972 campaign, they were serious abuses, and I deplore them,” he says. The “few overzealous people” involved in the Watergate burglary should not reflect on his administration or the political process as a whole. He will “ensure that one of the results of Watergate is a new level of political decency and integrity in America—in which what has been wrong in our politics no longer corrupts or demeans what is right in our politics.”
Legal Wiretapping to Protect the Nation - The measures he has taken to protect the security of the nation have all been within the law and with the intention of protecting the government from possible subversion and even overthrow, he asserts. The wiretaps he authorized had been legal, he says, until the 1972 decision by the Supreme Court that rejected such wiretaps as unlawful (see June 19, 1972). Until then, Nixon says, he—like his predecessors—had implemented such wiretaps “to protect the national security in the public interest.” Since the Supreme Court decision, he says, he has stopped all such surveillance efforts. But the law must be mindful of “tying the president’s hands in a way that would risk sacrificing our security, and with it all our liberties.” He will continue to “protect the security of this nation… by constitutional means, in ways that will not threaten [American] freedom.”
The Fault of the Radicals - He blames the antiwar and civil rights movements of the 1960s as encouraging “individuals and groups… to take the law into their own hands,” often with the praise and support from the media and even from “some of our pulpits as evidence of a new idealism. Those of us who insisted on the old restraints, who warned of the overriding importance of operating within the law and by the rules, were accused of being reactionaries.” In the wake of this radical, anti-government atmosphere, the country was plagued by “a rising spiral of violence and fear, of riots and arson and bombings, all in the name of peace and in the name of justice. Political discussion turned into savage debate. Free speech was brutally suppressed as hecklers shouted down or even physically assaulted those with whom they disagreed. Serious people raised serious questions about whether we could survive as a free democracy.” That attitude permeated political campaigns, to the extent that “some persons in 1972 adopted the morality that they themselves had tightly condemned and committed acts that have no place in our political system… who mistakenly thought their cause justified their violations of the law.”
Looking Forward - It is time to put Watergate behind us, Nixon says, to abandon this “continued, backward-looking obsession with Watergate” and stop “neglect[ing] matters of far greater importance to all of the American people.… The time has come to turn Watergate over to the courts, where the questions of guilt or innocence belong. The time has come for the rest of us to get on with the urgent business of our nation.” [White House, 8/15/1973; White House, 8/15/1973; White House, 8/15/1973; AMDOCS Documents for the Study of American History, 6/1993; Gerald R. Ford Library and Museum, 7/3/2007]

Entity Tags: US Department of Justice, US Supreme Court, John Dean, Richard Kleindienst, Richard M. Nixon, Federal Bureau of Investigation, John Ehrlichman, Senate Watergate Investigative Committee

Timeline Tags: Nixon and Watergate

Rose Mary Woods.Rose Mary Woods. [Source: Genevieve Naylor / Corbis]A gap of 18 and ½ minutes is found on the tape of a conversation between President Nixon and his aide, H. R. Haldeman, from June 20, 1972 (see July 13-16, 1973). Nixon lawyer Fred Buzhardt says he has no explanation for “the phenomenon.” Nixon’s secretary, Rose Mary Woods, denies any deliberate erasure. But electronics experts will eventually find that the tape has been deliberately erased at least five separate times. White House chief of staff Alexander Haig will blame “some sinister force” for the erasure.
Watergate Discussed - Former Watergate special prosecutor Archibald Cox’s subpoena of the tape (see July 23-26, 1973) says that “there is every reason to infer that the meeting included discussion of the Watergate incident.” That supposition is bolstered by previous testimony from former White House aide John Ehrlichman (see July 24, 1973). Watergate prosecutor Leon Jaworski says he is considering having all the remaining Watergate tapes placed under guard to prevent any further tampering. [Washington Post, 11/22/1973; Gerald R. Ford Library and Museum, 7/3/2007]
Three Suspects - Evidence later shows that only three people could have made the erasure: Woods; Stephen Bull, Nixon’s assistant; and Nixon himself. [Reston, 2007, pp. 33]
Washington Post Learns of Gap - Washington Post reporter Bob Woodward learned of “deliberate erasures” in the first week of November from his FBI source, W. Mark Felt (see May 31, 2005). White House sources confirmed that the tapes were often of poor quality, and that some inadvertent gaps existed, but, as press secretary Ron Ziegler tells Woodward’s colleague Carl Bernstein, to say that those gaps were deliberate would be “inaccurate.” When the deliberate gap is reported, Ziegler calls Bernstein to say that he did not know about the gap beforehand. Neither Bernstein nor Woodward doubt Ziegler—by this time, it is obvious that Nixon’s paranoia and penchant for secrecy extends even to the most trusted members of his staff. [Bernstein and Woodward, 1974, pp. 333-334]
Symbolic - In 2005, Woodward will write: “The missing 18 1/2-minute gap soon becomes a symbol for Nixon’s entire Watergate problem. The truth had been deleted. The truth was missing.” [Woodward, 2005, pp. 103]

Entity Tags: Rose Mary Woods, Stephen Bull, Richard M. Nixon, W. Mark Felt, Leon Jaworski, Ron Ziegler, H.R. Haldeman, Archibald Cox, Alexander M. Haig, Jr., John Ehrlichman, Carl Bernstein, Fred Buzhardt, Bob Woodward

Timeline Tags: Nixon and Watergate

The Justice Department’s Office of Planning and Evaluation (OPE) submits a report on the role and actions of the FBI in the Watergate investigations. The report finds that, even with the attempts of former Attorneys General John Mitchell and Richard Kleindienst, White House aides John Dean and Jeb Magruder, and others to “mislead and thwart the Bureau’s legitimate line of inquiry,” and the “contrived covers” used to direct attention away from the White House, the FBI investigation was “the ultimate key to the solution of not only the Watergate break-in (see 2:30 a.m.June 17, 1972) but the cover itself.” The report continues: “There can be no question that the actions of former Attorneys General Mitchell and Kleindienst served to thwart and/or impede the Bureau’s investigative effort. The actions of John W. Dean at the White House and Jeb S. Magruder at the Committee to Re-elect the President were purposefully designed to mislead and thwart the Bureau’s legitimate line of inquiry. At every stage of the investigation there were contrived covers placed in order to mislead the investigators.” The OPE notes the following problems in the investigation, and provides explanations of some:
bullet Providing information concerning ongoing investigations to the White House, and allowing Dean to actually sit in on interviews of White House personnel (see June 22, 1972).
bullet Failing to interview key members of CREEP, the Nixon re-election campaign organization, as well as allowing CREEP attorneys to sit in on interviews of CREEP employees and allowing those attorneys access to FBI investigative materials. The report says that the investigation initially focused on James McCord and E. Howard Hunt, and interviewed CREEP officials tied directly to them. The net was widened later on. However, the report acknowledges that many CREEP employees undoubtedly lied to FBI investigators, “most notably John Mitchell, Jeb Magruder, Bart Porter, Sally Harmony, and Maurice Stans.” Porter and Magruder in particular “lied most convincingly.” Another CREEP employee, Robert Reisner (Magruder’s assistant), was not interviewed because Reisner successfully hid from FBI investigators. The FBI believes it was Reisner who cleaned out the “Operation Gemstone” files from Magruder’s office (see January 29, 1972 and September 29, 1972). Numerous other financial and other files were also destroyed after being requested by the FBI, most notably Alfred Baldwin’s surveillance tapes and logs from the Democratic offices in the Watergate (see May 29, 1972). Many of these files were destroyed by G. Gordon Liddy. “It is apparent that most [CREEP] people in the summer of 1972 were quite willing to lie and/or tell us considerably less than the full truth,” the report notes.
bullet An untenable delay in searching and securing Watergate burglar E. Howard Hunt’s desk in the White House, putting the contents of that desk at risk of being removed, and the “[a]lleged activities by former Acting Director [L. Patrick] Gray to limit, contain, or obstruct FBI investigation of Watergate” (see June 22, 1972). Gray is known to have destroyed materials from Hunt’s desk given to him by Dean, and is known to have extensively interfered with the FBI’s investigation (see June 28-29, 1972 and Late December 1972). The report notes that while it cannot find specific evidence that Gray broke any laws in his attempts to impede the FBI’s investigation into the Watergate conspiracy, it is clear that Gray cooperated with the White House, specifically through Dean, to ensure that the White House was always aware of what avenues of investigation were being pursued. The OPE says that Gray’s destruction of files from Hunt’s safe did not necessarily impede the FBI’s investigation, because it has no way of knowing what was in those files. The report says that it is unfortunate that “many people make no distinction between the FBI’s actions and Mr. Gray’s actions.”
bullet Failure to interview key individuals with knowledge of the suspicious monies found in the burglars’ bank accounts.
bullet Failing to secure and execute search warrants for the burglars’ homes, automobiles, and offices. The OPE says that many of those issuing this criticism “should know better,” and claims that the FBI agents involved did their level best to obtain search warrants within the bounds of the law. The report notes that after the burglary, the assistant district attorney prosecuting the case, Earl Silbert, did not believe there was probable cause to search burglar James McCord’s home or office until after July 10, 1972, when Baldwin told the FBI that he had taken surveillance equipment to McCord’s home (see June 17, 1972). Even then, Silbert decided that because of the amount of time—23 days—that had expired, a search warrant would have been pointless.
bullet Failing to identify and interview a number of people listed in the burglars’ address books. The OPE report notes that the decision to interview far less than half of the names in the books was made by FBI agents in the Miami field office, and due to the “fast moving extensive investigation which was then being conducted,” the decision to only track down a selected few from the books was right and proper. The report notes that subsequent interviews by reporters of some of the people in the address books elicited no new information. The report also notes that Gray refused to countenance interviews of the remaining subjects in the address book while the trial of the seven burglars (see January 8-11, 1973) was underway.
bullet Failing to find and remove a surveillance device from the Democratic National Committee headquarters (see September 13, 1972). The OPE calls this failure “inexplicable.”
bullet Failure to thoroughly investigate CREEP agent Donald Segretti (see June 27, 1971, and Beyond) and other CREEP operatives. The OPE finds that because Segretti was initially uncooperative with FBI investigators, and because an “extensive investigation” turned up nothing to connect Segretti with the Watergate conspiracy, the agents chose not to continue looking into Segretti’s actions. Only after press reports named Segretti as part of a massive, White House-directed attempt to subvert the elections process (see October 7, 1972) did the FBI discuss reopening its investigation into Segretti. After reviewing its information, the FBI decided again not to bother with Segretti. The OPE finds that the decision was valid, because Segretti had not apparently broken any federal laws, and the FBI does not conduct violations of election laws unless specifically requested to do so by the Justice Department. The report also says that politics were a concern: by opening a large, extensive investigation into the Nixon campaign’s “dirty tricks,” that investigation might have impacted the upcoming presidential elections.
bullet Media leaks from within the FBI concerning key details about the investigation (see May 31, 2005). The report finds no evidence to pin the blame for the leaks on any particular individual. The report notes that New York Times reporter John Crewdson seemed to have unwarranted access to FBI documents and files, but says it has turned that matter over to another agency inside the bureau.
bullet Failing to interview, or adequately interview, key White House officials such as H. R. Haldeman, Charles Colson, Dwight Chapin, and others. The report justifies the decision not to interview Haldeman because the FBI had no information that Haldeman had any knowledge of, or involvement in, the burglary itself.
bullet “Alleged attempt on part of Department of Justice officials to limit, contain, or obstruct FBI investigation.” The report is particularly critical of Kleindienst’s concealment of his contact with Liddy about the burglary (see June 17, 1972).
bullet “Alleged attempt by CIA officials to interfere, contain, or impede FBI Watergate investigation.” The report notes that during the Senate Watergate Committee hearings, Republican co-chairman Howard Baker (R-TN) tried repeatedly to assert that the CIA was behind the burglary. The report calls Baker’s theory “intriguing” but says no evidence of CIA involvement on any operational level was ever found. The report notes that there is still no explanation for the discussions regarding the CIA paying the burglars (see June 26-29, 1972), or the CIA’s involvement with Hunt before the burglary—loaning him cameras, providing him with materials for a disguise, and helping Hunt get film from the first burglary developed. According to the report, Gray stopped the FBI from pursuing these leads. The FBI report says that the CIA involvement apparently had nothing to do with the Watergate burglary, but was more in support of Hunt’s activities with the Ellsberg break-in (see September 9, 1971).
bullet “Alleged activities on part of White House officials to limit, contain, or obstruct FBI Watergate investigation (Dean, Haldeman, Ehrlichman, Colson, et cetera).” The report notes, “There is absolutely no question but that the president’s most senior associates at the White House conspired with great success for nine months to obstruct our investigation.” The report says it was “common knowledge” throughout the investigation that the White House was paying only “lip service” to investigators’ requests for honest, complete answers; the report cites Dean as a specific offender. [O.T. Jacobson, 7/5/1974 pdf file]

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

H. R. Haldeman testifying to Congress in July 1973. Haldeman’s testimony was damaging to all four defendants.H. R. Haldeman testifying to Congress in July 1973. Haldeman’s testimony was damaging to all four defendants. [Source: Bettmann / Corbis]Former Nixon aides John Ehrlichman, H. R. Haldeman, and John Mitchell, along with former Mitchell aide Robert Mardian, are convicted of various Watergate-related crimes, including conspiracy, obstruction of justice, fraud, and perjury. Haldeman, Ehrlichman, and Mitchell receive sentences of two to eight years in prison; Mardian will be given a sentence of ten months to three years. They immediately appeal their convictions on the grounds that they could not receive a fair trial because of the massive publicity surrounding Watergate. This was the same argument President Nixon’s lawyers used to influence President Ford’s decision to pardon Nixon (see September 8, 1974). The appeals court will reject the contention. [New York Times, 2/16/1999; Werth, 2006, pp. 334]
Ehrlichman Asks for Leniency - All four will write letters to Judge John Sirica asking for leniency in sentencing. The only letter that is made public is Ehrlichman’s; he writes of his “profound regret” for his role in the Watergate conspiracy, and adds: “I have been found to be a perjurer. No reversal on appeal can remove the stigma.” Ehrlichman asks that he be allowed to spend his sentence working with the Pueblo Indians of New Mexico, using his legal talents to help them with land-use problems. Sirica will ignore the letter in his sentencing. Sirica will also ignore Haldeman’s argument that he only did the bidding of his boss, President Nixon, and that since Nixon never served jail time, neither should Haldeman. Mitchell, mired in divorce proceedings from his wife, says of the sentence: “It could have been a hell of a lot worse. They could have sentenced me to spend the rest of my life with Martha Mitchell.” [Time, 3/3/1975]
'Abdicated My Moral Judgments' - Reflecting on his conviction and his conduct during the Nixon years, Ehrlichman will say in 1977: “I abdicated my moral judgments and turned them over to somebody else. And if I had any advice for my kids, it would be never—to never, ever—defer your moral judgments to anybody: your parents, your wife, anybody.” [New York Times, 2/16/1999]

Entity Tags: Robert Mardian, John Sirica, John Mitchell, Gerald Rudolph Ford, Jr, H.R. Haldeman, John Ehrlichman, Martha Mitchell, Richard M. Nixon

Timeline Tags: Nixon and Watergate

FBI official R. E. Lewis writes an internal memo suggesting that the FBI disclose “some information from the Watergate investigation aimed at restoring to the FBI any prestige lost during that investigation. He argues, “Such information could also serve to dispel the false impression left by the book All the President’s Men (see June 15, 1974) that its authors, Carl Bernstein and Bob Woodward, not the FBI, solved the Watergate case.”
FBI Ahead of Reporters - “[A] comparison of the chronology of our investigation with the events cited in All the President’s Men will show we were substantially and constantly ahead of these Washington Post investigative reporters,” Lewis writes. “In essence, they were interviewing the same people we had interviewed but subsequent to our interviews and often after the interviewer had testified before the grand jury. The difference, which contributes greatly to the false image, is that the Washington Post blatantly published whatever they learned (or thought they learned) while we reported our findings to the US attorney and the Department [of Justice] solely for prosecutorial consideration.”
Decision Not to Go Public - The FBI will decide not to make any of its information public, citing ongoing prosecutions. In 2005, Woodward will counter: “What Long didn’t say—and what Felt [FBI deputy director Mark Felt, Woodward’s “Deep Throat”—see May 31, 2005] understood—was that the information wasn’t going anywhere until it was public. The US attorney and the Justice Department failed the FBI, as they folded too often to White House and other political pressure to contain the investigation and prosecution to the Watergate bugging (see 2:30 a.m.June 17, 1972). There was also a failure of imagination on the part of lots of experienced prosecutors, including US Attorney Earl Silbert, who could not initially bring himself to believe that the corruption ran to the top of the Justice Department and the White House. Only when an independent special prosecutor was appointed (see May 18, 1973) did the investigation eventually go to the broader sabotage and espionage matters. In other words, during 1972, the cover-up was working exceptionally well.” [Woodward, 2005, pp. 120-121]

Entity Tags: W. Mark Felt, R. E. Lewis, Earl Silbert, Federal Bureau of Investigation, Bob Woodward, Carl Bernstein, US Department of Justice

Timeline Tags: 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

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

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

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

Masthead of one of Ron Paul’s newsletters.Masthead of one of Ron Paul’s newsletters. [Source: Foundation for Rational Economics and Education]A number of newsletters released by Representative Ron Paul (R-TX), a self-described libertarian and strict Constitutionalist, contain what many believe to be racially objectionable remarks and claims. Paul’s monthly newsletters are published under a variety of names, including “Ron Paul’s Freedom Report,” “Ron Paul Political Report,” and “The Ron Paul Survival Report.” The newsletters are published by several organizations, including Paul’s non-profit group the Foundation for Rational Economics and Education, and a group called Ron Paul & Associates. For a time, Ron Paul & Associates also publishes “The Ron Paul Investment Letter.” In 1996, a challenger for Paul’s House seat, Charles “Lefty” Morris (D-TX) makes public some of the racially inflammatory content in Paul’s newsletters. The newsletters will be publicly exposed in a 2008 article in the New Republic (see January 8-15, 2008). The content, culled from years of newsletters, includes such claims and observations as:
bullet From a 1992 newsletter: “[O]pinion polls consistently show only about 5 percent of blacks have sensible political opinions, i.e. support the free market, individual liberty, and the end of welfare and affirmative action.” Politically “sensible” blacks are outnumbered “as decent people.” The same report claims that 85 percent of all black men in the District of Columbia have been arrested, and continues: “Given the inefficiencies of what DC laughingly calls the ‘criminal justice system,’ I think we can safely assume that 95 percent of the black males in that city are semi-criminal or entirely criminal.… [W]e are constantly told that it is evil to be afraid of black men, [but] it is hardly irrational. Black men commit murders, rapes, robberies, muggings, and burglaries all out of proportion to their numbers.”
bullet The same 1992 edition has Paul claiming that the government should lower the age at which accused juvenile criminals can be prosecuted as adults. “We don’t think a child of 13 should be held responsible as a man of 23,” the newsletter states. “That’s true for most people, but black males age 13 who have been raised on the streets and who have joined criminal gangs are as big, strong, tough, scary, and culpable as any adult and should be treated as such.” The newsletter also asserts that sophisticated crimes such as “complex embezzling” are conducted exclusively by non-blacks: “What else do we need to know about the political establishment than that it refuses to discuss the crimes that terrify Americans on grounds that doing so is racist? Why isn’t that true of complex embezzling, which is 100 percent white and Asian?”
bullet Another 1992 newsletter states, “[I]f you have ever been robbed by a black teen-aged male, you know how unbelievably fleet-footed they can be.”
bullet An undated newsletter excerpt states that US Representative Barbara Jordan (D-TX), who is African-American, is “the archetypical half-educated victimologist” whose “race and sex protect her from criticism.”
bullet The newsletters often use disparaging nicknames and descriptions for lawmakers. Jordan is called “Barbara Morondon.” Congressional Delegate Eleanor Holmes Norton is a “black pinko.” Donna Shalala, the head of the Department of Health and Human Services during the Clinton administration, is a “short lesbian.” Ron Brown, the head of the Department of Commerce during the Clinton administration, is a “racial victimologist.” Roberta Achtenberg, the first openly gay public official confirmed by the US Senate, is a “far-left, normal-hating lesbian activist.”
bullet Newsletter items through the early 1990s attack Dr. Martin Luther King Jr., renaming him “X-Rated Martin Luther King” and labeling him a “world-class philanderer who beat up his paramours,” “seduced underage girls and boys,” and “made a pass at” fellow civil rights leader Ralph Abernathy. One newsletter ridicules black activists who wanted to rename New York City after King, suggesting that “Welfaria,” “Zooville,” “Rapetown,” “Dirtburg,” and “Lazyopolis” were better alternatives. The same year, King is described as “a comsymp [Communist sympathizer], if not an actual party member, and the man who replaced the evil of forced segregation with the evil of forced integration.” One 1990 excerpt says of the King holiday: “I voted against this outrage time and again as a congressman. What an infamy that Ronald Reagan approved it! We can thank him for our annual Hate Whitey Day!”
bullet An undated excerpt from a newsletter entry titled “Needlin’” says: “‘Needlin’,’ a new form of racial terrorism, has struck New York City streets on the tony Upper West Side. At least 39 white women have been stuck with used hypodermic needles—perhaps infected with AIDS—by gangs of black girls between the ages of 12 and 14. The New York Times didn’t find this fit to print for weeks and weeks, until its candidate David Dinkins [New York City’s first African-American mayor] was safely elected. Even then the story was very low key, with race mentioned many paragraphs into it. Who can doubt that if this situation were reversed, if white girls had done this to black women, we would have been subjected to months-long nationwide propaganda campaign on the evils of white America? The double standard strikes again.” The excerpt is presumably published sometime after 1989, when Dinkins is elected mayor of New York City. In 2011, NewsOne reporter Casey Gane-McCalla will write, “I could find no evidence of this ‘epidemic’ and the article seems to have no point other than to make white people scared of black people.”
bullet A December 1989 “special issue” of the Investment Letter addresses what it calls “racial terrorism,” and tells readers what to expect from the 1990s: “Racial Violence Will Fill Our Cities” because “mostly black welfare recipients will feel justified in stealing from mostly white ‘haves.’” In February 1990, another newsletter warns of “The Coming Race War.” In November 1990, an item advises readers: “If you live in a major city, and can leave, do so. If not, but you can have a rural retreat, for investment and refuge, buy it.” In June 1991, an entry on racial disturbances in Washington, DC’s Adams Morgan neighborhood is titled, “Animals Take Over the DC Zoo,” calling the disturbances “the first skirmish in the race war of the 1990s.”
bullet In June 1992, the Ron Paul Political Report publishes a “special issue” that explains the Los Angeles riots, claiming, “Order was only restored in LA when it came time for the blacks to pick up their welfare checks three days after rioting began.” The looting, the newsletter writes, is a natural byproduct of government indulging the black community with “‘civil rights,’ quotas, mandated hiring preferences, set-asides for government contracts, gerrymandered voting districts, black bureaucracies, black mayors, black curricula in schools, black TV shows, black TV anchors, hate crime laws, and public humiliation for anyone who dares question the black agenda.” It also denounces “the media” for believing that “America’s number one need is an unlimited white checking account for underclass blacks.” The newsletter praises Asian merchants in Los Angeles for having the fortitude to resist political correctness and fight back. Koreans, the newsletter writes, are “the only people to act like real Americans” during the riots, “mainly because they have not yet been assimilated into our rotten liberal culture, which admonishes whites faced by raging blacks to lie back and think of England.” Another newsletter entry from around the same time strikes some of the same chords in writing about riots in Chicago after the NBA’s Chicago Bulls win the championship: “[B]lacks poured into the streets in celebration. How to celebrate? How else? They broke the windows of stores to loot, even breaking through protective steel shutters with crowbars to steal everything in sight.” The entry goes on to claim that black rioters burned down buildings all along Chicago’s “Magnificent Mile,” destroyed two taxicabs, “shot or otherwise injured 95 police officers,” killed five people including a liquor-store owner, and injured over 100 others. “Police arrested more than 1,000 blacks,” the newsletter claims. In 2011, Gane-McCalla will write that the newsletter entry falsely accuses blacks of perpetuating all of the violence, when in reality, the violence was perpetuated by people of all ethnicities. One thousand people—not 1,000 blacks—were arrested. And, he will write, “two officers suffered minor gunshot wounds and that 95 were injured in total, but the way Paul phrased it, it would seem most of the 95 officers injured were shot.”
bullet An undated newsletter entry says that “black talk radio” features “racial hatred [that] makes a KKK rally look tame. The blacks talk about their own racial superiority, how the whites have a conspiracy to wipe them out, and how they are going to take over the country and wipe them out. They only differ over whether they should use King’s non-violent approach (i.e. state violence) or use private violence.”
bullet An undated newsletter entry discusses “the newest threat to your life and limb, and your family—carjacking,” blaming it on blacks who follow “the hip-hop thing to do among the urban youth who play unsuspecting whites like pianos.” The entry advises potential carjacking victims to shoot carjackers, then “leave the scene immediately [and] dispos[e] of the wiped-off gun as soon as possible.” The entry concludes: “I frankly don’t know what to make of such advice, but even in my little town of Lake Jackson, Texas, I’ve urged everyone in my family to know how to use a gun in self-defense. For the animals are coming.” [Houston Chronicle, 5/21/1996; New Republic, 1/8/2008; NewsOne, 5/6/2011]
According to author and militia/white supremacist expert David Neiwert, much of Paul’s information about black crime comes from Jared Taylor, the leader of the American Renaissance movement (see January 23, 2005). Taylor, Neiwert will write, cloaks his racism in “pseudo-academic” terminology that is published both in a magazine, American Renaissance, and later in a book, The Color of Crime, both of which make what Neiwert calls “unsupportable claims about blacks.” [David Neiwert, 6/8/2007]
Conspiracies, Right-Wing Militias, and Bigotry - The newsletters often contain speculations and assertions regarding a number of what reporter James Kirchick will call “shopworn conspiracies.” Paul, as reflected in his newsletter, distrusts the “industrial-banking-political elite” and does not recognize the federally regulated monetary system and its use of paper currency. The newsletters often refer to to the Bilderberg Group, the Trilateral Commission, and the Council on Foreign Relations. In 1978, a newsletter blames David Rockefeller, the Trilateral Commission, and “fascist-oriented, international banking and business interests” for the Panama Canal Treaty, which it calls “one of the saddest events in the history of the United States.” A 1988 newsletter cites a doctor who believes that AIDS was created in a World Health Organization laboratory in Fort Detrick, Maryland. In addition, Ron Paul & Associates sells a video about the Branch Davidian tragedy outside Waco (see April 19, 1993) produced by “patriotic Indiana lawyer Linda Thompson” (see April 3, 1993 and September 19, 1994), as a newsletter calls her, who insists that Waco was a conspiracy to kill ATF agents who had previously worked for President Clinton as bodyguards. Kirchick will note that outside of the newsletters, Paul is a frequent guest on radio shows hosted by Alex Jones, whom Kirchick will call “perhaps the most famous conspiracy theorist in America.”
Connections to Neo-Confederate Institute - Kirchick goes on to note Paul’s deep ties with the Ludwig von Mises Institute, a libertarian think tank in Alabama founded by Paul’s former chief of staff, Lew Rockwell; Paul has taught seminars at the institute, serves as a “distinguished counselor,” and has published books through the institute. The von Mises Institute has a long history of support for white-supremacist neo-Confederate groups, including the League of the South, led by Confederate apologist Thomas Woods (see October 14, 2010). Paul will endorse books by Woods and other neo-Confederates. Paul seems to agree with members of the von Mises institute in their view that the Civil War was the beginning of a horrific federal tyranny that ran roughshod over states’ rights. Paul, in his newsletters and speeches, has frequently espoused the idea of states’ secession as protest against the federal government.
Lamenting the South African Revolution - In March 1994, a newsletter warns of a “South African Holocaust,” presumably against white South Africans, once President Nelson Mandela takes office. Previous newsletters call the transition from a whites-only government to a majority-African government a “destruction of civilization” that is “the most tragic [to] ever occur on that continent, at least below the Sahara.”
Praise for Ku Klux Klan Leader's Political Aspirations - In 1990, a newsletter item praises Louisiana’s David Duke, the former Imperial Wizard of the Ku Klux Klan, for coming in a strong second in that state’s Republican Senate primary. “Duke lost the election,” the newsletter says, “but he scared the blazes out of the Establishment.” In 1991, a newsletter asks, “Is David Duke’s new prominence, despite his losing the gubernatorial election, good for anti-big government forces?” The conclusion is that “our priority should be to take the anti-government, anti-tax, anti-crime, anti-welfare loafers, anti-race privilege, anti-foreign meddling message of Duke, and enclose it in a more consistent package of freedom.” Duke will in return give support to Paul’s 2008 presidential candidacy.
Attacking Gays, AIDS Research - Paul’s newsletters often praise Paul’s “old colleague,” Representative William Dannemeyer (R-CA), a noted anti-gay activist who often advocates forcibly quarantining people suffering from AIDS. Paul’s newsletters praise Dannemeyer for “speak[ing] out fearlessly despite the organized power of the gay lobby.” In 1990, one newsletter mentions a reporter from a gay magazine “who certainly had an axe to grind, and that’s not easy with a limp wrist.” In an item titled, “The Pink House?” the newsletter complains about President George H.W. Bush’s decision to sign a hate crimes bill and invite “the heads of homosexual lobbying groups to the White House for the ceremony,” adding, “I miss the closet.” The same article states, “Homosexuals, not to speak of the rest of society, were far better off when social pressure forced them to hide their activities.” If homosexuals are ever allowed to openly serve in the military, another newsletter item concludes, they, “if admitted, should be put in a special category and not allowed in close physical contact with heterosexuals.” One newsletter calls AIDS “a politically protected disease thanks to payola and the influence of the homosexual lobby,” and alternates between praising anti-gay rhetoric and accusing gays of using the disease to further their own political agenda. One item tells readers not to get blood transfusions because gays are trying to “poison the blood supply.” Another cites a far-right Christian publication that advocates not allowing “the AIDS patient” to eat in restaurants, and echoes the false claim that “AIDS can be transmitted by saliva.” The newsletters often advertise a book, Surviving the AIDS Plague, which makes a number of false claims about casual transmission and defends “parents who worry about sending their healthy kids to school with AIDS victims.”
Blasting Israel - Kirchick will note that the newsletters are relentless in their attacks on Israel. A 1987 issue of the Investment Letter calls Israel “an aggressive, national socialist state.” A 1990 newsletter cites the “tens of thousands of well-placed friends of Israel in all countries who are willing to wok [sic] for the Mossad in their area of expertise.” Of the 1993 World Trade Center bombing (see February 26, 1993), a newsletter said, “Whether it was a setup by the Israeli Mossad, as a Jewish friend of mine suspects, or was truly a retaliation by the Islamic fundamentalists, matters little.” Another newsletter column criticizing lobbyists says, “By far the most powerful lobby in Washington of the bad sort is the Israeli government” and that the goal of the “Zionist movement” is to stifle criticism.
Violent Anti-Government Rhetoric - In January 1995, three months before the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), a newsletter lists “Ten Militia Commandments,” describing “the 1,500 local militias now training to defend liberty” as “one of the most encouraging developments in America.” It warns militia members that they are “possibly under BATF [Bureau of Alcohol, Tobacco and Firearms] or other totalitarian federal surveillance” and prints bits of advice from the Sons of Liberty, an anti-government militia based in Alabama—among them, “You can’t kill a Hydra by cutting off its head,” “Keep the group size down,” “Keep quiet and you’re harder to find,” “Leave no clues,” “Avoid the phone as much as possible,” and “Don’t fire unless fired upon, but if they mean to have a war, let it begin here.”
Slandering Clinton - Newsletters printed during President Clinton’s terms in office claim that Clinton uses cocaine and has fathered illegitimate children. Repeating the rumor that Clinton is a longtime cocaine user, in 1994 Paul writes that the speculation “would explain certain mysteries” about the president’s scratchy voice and insomnia. “None of this is conclusive, of course, but it sure is interesting,” he states.
Distance from Newsletter - In 2008, Paul campaign spokesman Jesse Benton will attempt to distance Paul from the newsletters, saying that while Paul wrote some of their content, he often did not, and in many instances never saw the content. Benton will say that the frequent insults and vitriol directed at King are particularly surprising, because, Benton will say, “Ron thinks Martin Luther King is a hero.” In 1996, Paul claims ownership of the content, but says that Morris took the newsletter quotes “out of context” (see May 22 - October 11, 1996). In 2001, Paul will claim that he did not write any of the passages, and will claim having no knowledge of them whatsoever (see October 1, 2001). Most of the newsletters’ articles and columns contain no byline, and the Internet archives of the newsletters begin in 1999. In 2008, Kirchick will find many of the older newsletters on file at the University of Kansas and the Wisconsin Historical Society. Kirchick will note the lack of bylines, and the general use of the first person in the material, “implying that Paul was the author.” Kirchick will conclude: “[W]hoever actually wrote them, the newsletters I saw all had one thing in common: They were published under a banner containing Paul’s name, and the articles (except for one special edition of a newsletter that contained the byline of another writer) seem designed to create the impression that they were written by him—and reflected his views. What they reveal are decades worth of obsession with conspiracies, sympathy for the right-wing militia movement, and deeply held bigotry against blacks, Jews, and gays.” Paul, Kirchick writes, is “a member in good standing of some of the oldest and ugliest traditions in American politics.” Kirchick will conclude: “Paul’s campaign wants to depict its candidate as a naive, absentee overseer, with minimal knowledge of what his underlings were doing on his behalf. This portrayal might be more believable if extremist views had cropped up in the newsletters only sporadically—or if the newsletters had just been published for a short time. But it is difficult to imagine how Paul could allow material consistently saturated in racism, homophobia, anti-Semitism, and conspiracy-mongering to be printed under his name for so long if he did not share these views. In that respect, whether or not Paul personally wrote the most offensive passages is almost beside the point. If he disagreed with what was being written under his name, you would think that at some point—over the course of decades—he would have done something about it.” [New Republic, 1/8/2008; NewsOne, 5/6/2011] In 2008, Paul will deny writing virtually any of his newsletters’ various content (see January 8-15, 2008 and January 16, 2008).

Former FBI Deputy Director W. Mark Felt, who served before and during the Watergate era, denounces the attempts by the Nixon administration to control the FBI and the Justice Department. Felt, who unbeknownst to the public was Washington Post reporter Bob Woodward’s celebrated inside source nicknamed “Deep Throat” (see May 31, 2005), writes scathingly in his memoir The FBI Pyramid of what he calls the “White House-Justice Department cabal” that worked to conceal the Watergate conspiracy. He does not reveal himself to be Woodward’s source. [Woodward, 2005, pp. 33]

Entity Tags: Nixon administration, Bob Woodward, Washington Post, US Department of Justice, W. Mark Felt

Timeline Tags: Nixon and Watergate

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

Due to apparent problems with the use of intelligence information in criminal proceedings, a set of procedures that later becomes known as the “wall” begins to take shape. The FBI, which performs both criminal and counterintelligence functions, normally obtains two types of warrants: criminal warrants and warrants under the recently passed Foreign Intelligence Surveillance Act (FISA). FISA warrants are thought to be easier to obtain, as the FBI only has to show that there is probable cause to believe the subject is a foreign power or an agent of one. Sometimes a case begins as an intelligence investigation, but results in a criminal prosecution. In court the defense can then argue that the government has abused FISA and obtained evidence by improperly using the lower standard, so any evidence obtained under FISA should not be allowed in court. Although the government can use information it happens to obtain under a FISA warrant for a criminal prosecution, if the purpose of obtaining information under a FISA warrant is for a criminal prosecution, this is in violation of the Fourth Amendment’s prohibition against warrantless searches. To combat this apparent problem, the special FISA Court decides that for a warrant under FISA to be granted, collecting intelligence information must be the primary purpose, although such information can be used in a criminal investigation provided the criminal investigation does not become the primary purpose of the surveillance or search. As a result of these procedures, when the FBI is conducting an intelligence investigation and uncovers evidence of criminal activity, it no longer consults local United States Attorneys’ Offices, but prosecutors within the Justice Department’s Criminal Division. The prosecutors then decide when the local attorney’s office should become involved. [US Department of Justice, 11/2004, pp. 21-24 pdf file] The wall will be extended in the 1990s (see July 19, 1995) and will be much criticized before and after 9/11 (see July 1999 and April 13, 2004).

Entity Tags: Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, US Department of Justice, Foreign Intelligence Surveillance Court

Timeline Tags: Complete 911 Timeline

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

The Port Authority of New York and New Jersey holds a drill at the World Trade Center based on the scenario of a plane crashing into one of the Twin Towers. Numerous agencies participate in the drill, which is held on a Sunday. As well as the Port Authority, these include the New York City Fire Department, the New York City Police Department, and the Emergency Medical Services. Guy Tozzoli, the director of the Port Authority’s World Trade Department, will describe the drill during a legislative hearing in 1993 (see (March 29, 1993)). He will recall that the Port Authority simulates the “total disaster” of “the airplane hitting the building” and participants simulate “blood coming out of people.” He will add that the drill is “a real preparation for a disaster.” [Newsday, 11/12/2001; Dwyer and Flynn, 2005, pp. 58-59] (During the hearing, Tozzoli will mistakenly recall the drill being conducted in the late 1970s, but it is in fact held in November 1982. [Dwyer and Flynn, 2005, pp. 274] ) The drill follows an incident in 1981, when an Argentine aircraft came within 90 seconds of crashing into the WTC’s North Tower as a result of having problems communicating with air traffic controllers (see February 20, 1981). Asked about the drill shortly after 9/11, Tozzoli will say it was held “just to have people trained within the city for that particular scenario [of a plane hitting the WTC].” The 1982 exercise appears to be the last “joint drill involving all the emergency responders” held at the WTC prior to the 9/11 attacks, 19 years later, according to New York Times reporters Jim Dwyer and Kevin Flynn. [Newsday, 11/12/2001; Dwyer and Flynn, 2005, pp. 59]

Entity Tags: Guy Tozzoli, New York City Police Department, Port Authority of New York and New Jersey, New York City Fire Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community.CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community. [Source: GifS (.com)]Three white supremacists living in the Elohim City, Oklahoma, compound (see 1973 and After) visit Oklahoma City and make plans to blow up the Murrah Federal Building there. The three are: James Ellison, the leader of the Covenant, Sword, and Arm of the Lord (CSA) who will be arrested in 1985 after a four-day standoff with federal authorities; Kerry Noble; and Richard Wayne Snell, who will be executed for murdering a black police officer and a businessman he erroneously believed to be Jewish (see 9:00 p.m. April 19, 1995). All three men have close ties to the neo-Nazi Aryan Nations (see Early 1970s). The evidence of their plan is released during the investigation of the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and is collated by former US prosecutor Steven N. Snyder, who once worked out of the Fort Smith, Arkansas District Attorney’s office. The plan involves parking a van or trailer in front of the building and exploding it with rockets detonated by a timer. Snyder will come across the information on the bombing plot while preparing for the trial of a sedition case against a 14-man group of white supremacists, 10 of whom are charged with planning to overthrow the government. (All 14 will be acquitted in a 1988 trial—see Late 1987 - April 8, 1998.) Snyder will get the information from Ellison, who provides information to him as part of his role as chief witness for the prosecution. The other defendants in the trial, many of whom are believed to have had some connection to the bombing plot, will be Richard Butler, the head of Aryan Nations; Robert E. Miles, a former Klansman who heads the Mountain Church of Jesus Christ the Saviour in Cohoctah, Michigan; and Louis R. Beam Jr., a former grand dragon of the Texas Ku Klux Klan and “ambassador at large” of the Aryan Nations. Ellison will tell Snyder that in July 1983, he attends a meeting of extremist groups in Hayden Lake, Idaho, the location of the Aryan Nations headquarters, where he informs them of the death of fellow white supremacist Gordon Kahl in a gun battle with law enforcement agents in Arkansas (see March 13 - June 3, 1983). Snyder’s notes of Ellison’s statement read, “Kahl was the catalyst that made everyone come forth and change the organizations from thinkers to doers.” According to Ellison, the leaders of the various supremacist groups discuss how to overthrow the federal government, using as a sourcebook the novel The Turner Diaries (see 1978), which tells of a successful move by white supremacists to overthrow the government and then commit genocide against Jews and blacks. Ellison will tell Snyder that he volunteers to assassinate federal officials in Arkansas as part of the plot. The leaders discuss blowing up the Murrah Building in Oklahoma City, other federal buildings, and the Dallas office of a Jewish organization. According to Ellison’s trial testimony, in October 1983 Snell and another participant, Steve Scott, “asked me to design a rocket launcher that could be used to destroy these buildings from a distance.” Of Snell, Ellison will testify: “On one of the trips when I was with Wayne, he took me to some of the buildings and asked me to go in the building and check the building out. This kind of thing.” Ellison will tell Snyder that at Snell’s request, he surveills the Murrah Building to assess what it would take to damage and destroy it. He makes preliminary sketches and drawings. According to the preliminary plans, rocket launchers are to be “placed in a trailer or a van so that it could be driven up to a given spot, parked there, and a timed detonating device could be triggered so that the driver could walk away and leave the vehicle set in position, and he would have time to clear the area before any of the rockets launched.… And I was asked to make it so it would fit in either a trailer or a van or a panel truck.” Synder will later say that Snell is embittered towards the government because of the IRS, which took him to court and seized property from him for failure to pay taxes. But, Snyder will add, “you can’t be sure about any of this, because a federal raid, to a lot of these people, is any time the postman brings the mail.” Ellison will be taken into custody after a four-day standoff with state and federal authorities in 1985, only convinced to surrender after white supremacist Robert Millar talks him into giving up (see 1973 and After). Ellison will be convicted of racketeering charges and sentenced to 20 years in prison. He will enter the federal witness protection program until completing his parole and leaving the program on April 21, 1995, two days after the Oklahoma City bombing. [New York Times, 5/20/1995; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003]

Entity Tags: Louis R. Beam, Jr, James Ellison, Gordon Kahl, Elohim City, Covenant, Sword, and Arm of the Lord, Aryan Nations, Kerry Noble, Murrah Federal Building, Richard Girnt Butler, Robert Millar, Steve Scott, Steven N. Snyder, Richard Wayne Snell, Robert E. Miles

Timeline Tags: US Domestic Terrorism

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Young White House attorney John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983), is selected to respond to a letter from retired Supreme Court Justice Arthur Goldberg. The former justice is commenting on the Reagan administration’s decision to unilaterally invade the tiny Caribbean island nation of Grenada. Goldberg wrote that President Reagan probably did violate the Constitution by sending troops to Grenada without Congressional approval, and in that sense has left himself open to impeachment. However, he added, the invasion had succeeded in establishing democracy in that nation. Therefore Reagan’s actions should be compared to those of President Abraham Lincoln during the Civil War, because, like Lincoln, he “acted in good faith and in the belief that this served our national interest” (see April 12 - July 1861). Drafting the letter for Reagan’s signature, Roberts thanks Goldberg for his defense of Reagan but insists that the invasion was perfectly legal. The president, Roberts writes, has “inherent authority in international affairs to defend American lives and interests and, as commander in chief, to use the military when necessary in discharging these responsibilities.” [Savage, 2007, pp. 257]

Entity Tags: Reagan administration, John G. Roberts, Jr, Arthur Goldberg, Ronald Reagan

Timeline Tags: Civil Liberties

Bin Laden first works for Maktab al-Khidamat from this building in Peshawar, a former British government guesthouse.Bin Laden first works for Maktab al-Khidamat from this building in Peshawar, a former British government guesthouse. [Source: PBS]Bin Laden moves to Peshawar, a Pakistani town bordering Afghanistan, and helps run a front organization for the mujaheddin known as Maktab al-Khidamat (MAK), which funnels money, arms, and fighters from the outside world into the Afghan war. [New Yorker, 1/24/2000] “MAK [is] nurtured by Pakistan’s state security services, the Inter-Services Intelligence agency, or ISI, the CIA’s primary conduit for conducting the covert war against Moscow’s occupation.” [MSNBC, 8/24/1998] Bin Laden becomes closely tied to the warlord Gulbuddin Hekmatyar, and greatly strengthens Hekmatyar’s opium smuggling operations. [Le Monde (Paris), 9/14/2001] Hekmatyar, who also has ties with bin Laden, the CIA, and drug running, has been called “an ISI stooge and creation.” [Asia Times, 11/15/2001] MAK is also known as Al-Kifah and its branch in New York is called the Al-Kifah Refugee Center. This branch will play a pivotal role in the 1993 WTC bombing and also has CIA ties (see January 24, 1994).

Entity Tags: Osama bin Laden, Gulbuddin Hekmatyar, Central Intelligence Agency, Maktab al-Khidamat, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Detective Sergeant Peter Caram, the head of the New York Port Authority’s Terrorist Intelligence Unit, has been directed by the assistant superintendent of the Port Authority Police Department to compile a report on the vulnerability of the WTC to a terrorist attack. Having previously worked at the WTC Command, Caram has exclusive knowledge of some of the center’s security weaknesses. On this day he issues his four-page report, titled “Terrorist Threat and Targeting Assessment: World Trade Center.” It looks at the reasoning behind why the WTC might be singled out for attack, and identifies three areas of particular vulnerability: the perimeter of the WTC complex, the truck dock entrance, and the subgrade area (the lower floors below ground level). Caram specifically mentions that terrorists could use a car bomb in the subgrade area—a situation similar to what occurs in the 1993 bombing (see February 26, 1993). [Caram, 2001, pp. 5, 84-85; New York County Supreme Court, 1/20/2004] This is the first of several reports during the 1980s, identifying the WTC as a potential terrorist target.

Entity Tags: World Trade Center, Peter Caram

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), advises senior Reagan officials that the White House should challenge the 1978 Presidential Records Act. To Roberts’s mind, the law goes much too far in requiring that presidential papers be considered government property and should, with some exceptions, be released to the public 12 years after a president leaves office. The law infringes on the right of a president to keep information secret, Roberts argues. Later, he will argue that the 12-year rule is far too brief and, as it would “inhibit the free flow of candid advice and recommendations within the White House,” is unconstitutional. [Savage, 2007, pp. 258]

Entity Tags: Reagan administration, John G. Roberts, Jr, Presidential Records Act

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), expands on his previous argument that the president’s papers and documents should remain secret and unavailable to the public (see February 13, 1984). Roberts writes that the Reagan administration should oppose a bill pending in Congress that would make the National Archives a separate agency, independent of the White House. Roberts writes that the “legislation could grant the archivist [the head of the National Archives] some independence from presidential control, with all the momentous constitutional consequences that would entail.” Others in the White House disagree with Roberts, and the administration does not oppose the bill. Roberts suggests that President Reagan attach a signing statement to the bill making it clear that Reagan has the power to fire the archivist if he/she tries to disobey the White House in releasing a presidential document. [Savage, 2007, pp. 258]

Entity Tags: National Archives and Records Administration, Reagan administration, John G. Roberts, Jr

Timeline Tags: Civil Liberties

Alan Berg.Alan Berg. [Source: Denver Post]Alan Berg, a Jewish, progressive talk show host for Denver’s KOA 850 AM Radio, is gunned down in his driveway as he is stepping out of his car. The murder is carried out by members of the violent white-supremacist group The Order (see Late September 1983), a splinter group of the Aryan Nations white nationalist movement. Berg, who was described as often harsh and abrasive, regularly confronted right-wing and militia members on his show. Federal investigators learn that The Order’s “hit list” includes Berg, television producer Norman Lear, a Kansas federal judge, and Morris Dees, a civil rights lawyer and co-founder of the Southern Poverty Law Center (SPLC). Radio producer Anath White later says that some of Berg’s last shows were particularly rancorous, involving confrontational exchanges with anti-Semitic members of the Christian Identity movement (see 1960s and After). “That got him on the list and got him moved up the list to be assassinated,” White will say. [HistoryLink, 12/6/2006; Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009]
Preparing for the Murder - Order leader Robert Jay Mathews had already sent a colleague to Denver to determine if Berg was a viable target (see May 17, 1984). The four members of the assassination team—Mathews, Bruce Pierce, David Lane, and Richard Scutari—assemble at a local Motel 6 to review their plans. Pierce, the assassin, has brought a .45 caliber Ingram MAC-10 submachine gun for the job. All four men begin to surveill Berg’s townhouse.
Gunned Down - At 9:21 p.m., Berg drives his Volkswagen Beetle into his driveway. Lane, the driver, pulls up behind him. Mathews leaps out of the car and opens the rear door for Pierce, who jumps out and runs up the driveway. Berg exits his vehicle with a bag of groceries. Pierce immediately opens fire with his submachine gun, pumping either 12 or 13 bullets into Berg’s face and body before the gun jams. (Sources claim both figures of bullet wounds in Berg as accurate.) Pierce and Mathews get back into their car, rush back to the Motel 6, gather their belongings, and leave town. Three of the four members of the “hit squad” will soon be apprehended, charged, and convicted. Pierce is sentenced to 252 years in prison, including time for non-related robberies, and will die in prison in 2010; Lane is given 150 years, and will die in prison in 2007. Neither man is prosecuted for murder, as the evidence will be determined to be inconclusive; rather, they will be charged with violating Berg’s civil rights. Scutari, accused of serving as a lookout for Pierce, and Jean Craig, accused of collecting information on Berg for the murder, will both be acquitted of culpability in the case, but will be convicted of other unrelated crimes. Mathews will not be charged due to lack of evidence of his participation; months later, he will die in a confrontation with law enforcement officials (see December 8, 1984). [Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009; Denver Post, 8/17/2010] In sentencing Pierce to prison, Judge Richard Matsch will say of the murder, “The man [Berg] was killed for who he was, what he believed in, and what he said and did, and that crime strikes at the very core of the Constitution.” [Denver Post, 8/17/2010]
Re-Enacting a Fictional Murder? - Some will come to believe that the assassins may have attempted to re-enact the fictional murder of a Jewish talk-show host depicted in The Turner Diaries (see 1978). [Rocky Mountain News, 5/1/2007; The Moderate Voice, 11/30/2007]
'Opening Shot ... of a Truly Revolutionary Radical Right' - Mark Potok of the SPLC will characterize Berg’s murder as an early event leading to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “In a sense, it was one of the opening shots of a truly revolutionary radical right,” Potok will say, “perfectly willing to countenance the mass murder of American civilians for their cause.” [Denver Post, 6/18/2009] Berg’s ex-wife, Judith Berg, will travel around the country in the years after her ex-husband’s murder, speaking about what she calls the “disease and anatomy of hate,” a sickness that can infect people so strongly that they commit horrible crimes. In 2007, she will tell a reporter that Berg’s murder was a watershed event that inspired more hate-movement violence. “What happened to Alan in the grown-up world has reached into the youth culture,” she will say. “It opened the door to an acceptance of violence as a means of acting on hate.… While our backs are turned toward overseas, hate groups are having a heyday. People are very unhappy; they’re out of work and jobs are scarce. They’re ripe for joining extremist groups. We need to understand what happened to make sure it doesn’t happen again.” [Rocky Mountain News, 5/1/2007] White later says of Pierce, Lane, and their fellows: “It’s left me to wonder what makes somebody like this. I think these people didn’t have much opportunity in their lives and scapegoat. They blame others for not making it.” [Denver Post, 8/17/2010]

Entity Tags: Norman Lear, Robert Jay Mathews, Richard Scutari, Morris Dees, Richard P. Matsch, Mark Potok, Jean Margaret Craig, Judith Berg, Alan Berg, Anath White, Aryan Nations, Bruce Carroll Pierce, David Edan Lane, KOA 850 AM Radio, The Order

Timeline Tags: US Domestic Terrorism

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

Makhtab al-Khidamat offices in the US in the late 1980s. Some of the offices in fact were represented by single individuals.Makhtab al-Khidamat offices in the US in the late 1980s. Some of the offices in fact were represented by single individuals. [Source: National Geographic] (click image to enlarge)Sheikh Abdullah Azzam, bin Laden’s mentor, makes repeated trips to the US and other countries, building up his Pakistan-based organization, Maktab al-Khidamat (MAK), or “Services Office” in English. It is also known as Al-Kifah, which means “struggle.” Azzam founded the Al-Kifah/MAK in 1984 (see Late 1984). Branches open in over 30 US cities, as Muslim-Americans donate millions of dollars to support the Afghan war against the Soviet Union. The most important branch, called the Al-Kifah Refugee Center, opens in Brooklyn, New York (see 1986-1993). Azzam is assassinated in a car bomb attack in late 1989 (see November 24, 1989). Bin Laden soon takes over the organization, which effectively morphs into al-Qaeda. His followers take over the US offices and they become financial conduits for al-Qaeda operations. [Lance, 2003, pp. 40-41]

Entity Tags: Osama bin Laden, Al-Kifah Refugee Center, Maktab al-Khidamat, Al-Qaeda, Abdullah Azzam

Timeline Tags: Complete 911 Timeline

Charles Schnabolk.Charles Schnabolk. [Source: Institute for Design Professionals]While the Office of Special Planning is still working on its report about the vulnerability of the World Trade Center to terrorist attack, the New York Port Authority hired security consultant Charles Schnabolk to also review the center’s security systems. [UExpress (.com), 10/12/2001; New York County Supreme Court, 1/20/2004] Schnabolk was involved in designing the original security system when the WTC complex was built. [Institue for Design Professionals, 2009; The Security Design Group, 2010] This month his secret report, titled “Terrorism Threat Perspective and Proposed Response for the World Trade Center” is released. It sets out four levels of possible terrorism against the center, and gives examples of each: ”(1) PREDICTABLE—Bomb threats; (2) PROBABLE—Bombing attempts, computer crime; (3) POSSIBLE—Hostage taking; (4) CATASTROPHIC—Aerial bombing, chemical agents in water supply or air conditioning (caused by agents of a foreign government or a programmed suicide).” Similar to other reports in the mid-1980s, it also warns that the WTC “is highly vulnerable through the parking lot.” [UExpress (.com), 10/12/2001; New York County Supreme Court, 1/20/2004]

Entity Tags: Charles Schnabolk, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After assessing the security of New York Port Authority facilities, the Office of Special Planning (OSP), the Port Authority’s own antiterrorist task force, releases a report called “Counter-Terrorism Perspectives: The World Trade Center.” For security purposes, only seven copies are made, being hand-delivered and signed for by its various recipients, including the executive director of the Port Authority, the superintendent of the Port Authority Police, and the director of the World Trade Department. [New York Court of Appeals, 2/16/1999; Village Voice, 1/5/2000] Because of the WTC’s visibility, symbolic value, and it being immediately recognizable to people from around the world, the report concludes that the center is a “most attractive terrorist target.” [New York County Supreme Court, 1/20/2004] The report, which is 120 pages long, lists various possible methods of attacking the center. [New York Court of Appeals, 2/16/1999; Caram, 2001, pp. 103; Barrett and Collins, 2006, pp. 87] One of these is that a “time bomb-laden vehicle could be driven into the WTC and parked in the public parking area.… At a predetermined time, the bomb could be exploded in the basement.” [Glanz and Lipton, 2004, pp. 227] As a Senate Committee Report will find in August 1993, “The specifics of the February 26, 1993 bombing at the World Trade Center garage were almost identical to those envisioned in the [OSP] report.” [New York Court of Appeals, 2/16/1999] Due to the Port Authority’s failure to adequately implement the OSP’s recommendations, the report will be crucial evidence in a successful civil trial against it in October 2005, charging negligence in failing to prevent the 1993 bombing. [Bloomberg, 10/26/2005; New York Times, 10/27/2005; New York Times, 2/18/2006] As of mid-2006, the other possible methods of attacking the WTC listed in the report remain undisclosed.

Entity Tags: Office of Special Planning, World Trade Center, World Trade Department, Port Authority of New York and New Jersey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Fawaz Damra.Fawaz Damra. [Source: Associated Press]By the mid-1980s, Osama bin Laden and his mentor Abdullah Azzam jointly founded a charity front based in Pakistan which is called Maktab al-Khidamat (MAK) (which means “services office”) and is also known as Al-Kifah (which means “struggle”) (see 1984). Branches start to open in the US; the first one apparently opens in Tucson, Arizona, where al-Qaeda has a sleeper cell (see 1986). But around 1986, Khaled Abu el-Dahab, the right hand man of double agent Ali Mohamed, informally founds the branch in Brooklyn, New York, and it soon becomes the most important US branch. [New York Times, 10/22/1998; Burr and Collins, 2006, pp. 269-270] On December 29, 1987, three men, Mustafa Shalabi, Fawaz Damra, and Ali Shinawy, formally file papers incorporating Al-Kifah, which is called the Al-Kifah Refugee Center. At first, it is located inside the Al Farouq mosque, which is led by Damra. But eventually it will get it own office space next to the mosque. Shalabi, a naturalized citizen from Egypt, runs the office with two assistants: Mahmud Abouhalima, who will later be convicted for a role in bombing the World Trade Center in 1993 (see February 26, 1993), and El Sayyid Nosair, who will assassinate a Jewish leader in New York in 1990 (see November 5, 1990). [New York Times, 4/11/1993; Newsweek, 10/1/2001; Cleveland Plain Dealer, 11/4/2001] Jamal al-Fadl, a founding member of al-Qaeda and future FBI informant (see June 1996-April 1997), also works at the Al-Kifah Refugee Center in its early days. [Miller, Stone, and Mitchell, 2002, pp. 155] The Brooklyn office recruits Arab immigrants and Arab-Americans to go fight in Afghanistan, even after the Soviets withdraw in early 1989. As many as 200 are sent there from the office. Before they go, the office arranges training in the use of rifles, assault weapons, and handguns, and then helps them with visas, plane tickets, and contacts. They are generally sent to the MAK/Al-Kifah office in Peshawar, Pakistan, and then connected to either the radical Afghan faction led by Abdul Rasul Sayyaf or the equally radical one led by Gulbuddin Hekmatyar. [New York Times, 4/11/1993] The CIA has some murky connection to Al-Kifah that has yet to be fully explained. Newsweek will later say the Brooklyn office “doubled as a recruiting post for the CIA seeking to steer fresh troops to the mujaheddin” fighting in Afghanistan. At the same time, the Brooklyn office is where “veterans of [the Afghan war arrived] in the United States—many with passports arranged by the CIA.” [Newsweek, 10/1/2001] Robert I. Friedman, writing for New York magazine, will comment that the Brooklyn office was a refuge for ex- and future mujaheddin, “But the highlight for the center’s regulars were the inspirational jihad lecture series, featuring CIA-sponsored speakers.… One week on Atlantic Avenue, it might be a CIA-trained Afghan rebel traveling on a CIA-issued visa; the next, it might be a clean-cut Arabic-speaking Green Beret, who would lecture about the importance of being part of the mujaheddin, or ‘warriors of the Lord.’ The more popular lectures were held upstairs in the roomier Al-Farouq Mosque; such was the case in 1990 when Sheikh [Omar] Abdul-Rahman, traveling on a CIA-supported visa, came to town.” One frequent instructor is double agent Ali Mohamed, who is in the US Special Forces at the time (see 1987-1989). Bin Laden’s mentor Azzam frequently visits and lectures in the area. In 1988, he tells “a rapt crowd of several hundred in Jersey City, ‘Blood and martyrdom are the only way to create a Muslim society.… However, humanity won’t allow us to achieve this objective, because all humanity is the enemy of every Muslim.’” [New York Magazine, 3/17/1995] Ayman Al-Zawahiri, future Al-Qaeda second in command, makes a recruiting trip to the office in 1989 (see Spring 1993). [New Yorker, 9/9/2002] The Brooklyn office also raises a considerable amount of money for MAK/Al-Kifah back in Pakistan. The Independent will later call the office “a place of pivotal importance to Operation Cyclone, the American effort to support the mujaheddin. The Al-Kifah [Refugee Center was] raising funds and, crucially, providing recruits for the struggle, with active American assistance.” [Independent, 11/1/1998] Abdul-Rahman, better known as the “Blind Sheikh,” is closely linked to bin Laden. In 1990, he moves to New York on another CIA-supported visa (see July 1990) and soon dominates the Al-Kifah Refugee Center. Shalabi has a falling out with him over how to spend the money they raise and he is killed in mysterious circumstances in early 1991, completing Abdul-Rahman’s take over. Now, both the Brooklyn and Pakistan ends of the Al-Kifah/MAK network are firmly controlled by bin Laden and his close associates. In 1998, the US government will say that al-Qaeda’s “connection to the United States evolved from the Al-Kifah Refugee Center.” Yet there is no sign that the CIA stops its relationship with the Brooklyn office before it closes down shortly after the 1993 WTC bombing. [New York Times, 10/22/1998]

Entity Tags: Jamal al-Fadl, Khaled Abu el-Dahab, Gulbuddin Hekmatyar, Omar Abdul-Rahman, Mustafa Shalabi, Maktab al-Khidamat, Osama bin Laden, Fawaz Damra, El Sayyid Nosair, Mahmud Abouhalima, Ayman al-Zawahiri, Central Intelligence Agency, Abdul Rasul Sayyaf, Al Farouq Mosque, Abdullah Azzam, Ali Shinawy, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

Following the release of the Office of Special Planning’s (OSP) report, which called the WTC a “most attractive terrorist target” (see November 1985), the New York Port Authority, which owns the center, seeks a second opinion on the OSP’s recommendations. At a cost of approximately $100,000, it hires the Science Applications International Corporation (SAIC) to review the general security of the WTC. SAIC states in its report that the attractiveness of the WTC’s public areas to terrorists is “very high.” Like the OSP, SAIC pays particular attention to the underground levels of the center and describes a possible attack scenario much like what occurs in the 1993 bombing. [Caram, 2001, pp. 105-106; New York County Supreme Court, 1/20/2004]

Entity Tags: World Trade Center, Science Applications International Corporation (SAIC), Port Authority of New York and New Jersey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Antonin Scalia.Antonin Scalia. [Source: Oyez.org]Appeals court judge Antonin Scalia is sworn in as an Associate Justice of the US Supreme Court. [Legal Information Institute, 7/30/2007] Although Scalia is an ardent social conservative, with strongly negative views on such issues as abortion and homosexual rights, Scalia and Reagan administration officials both have consistently refused to answer questions about his positions on these issues, as President Reagan did at his June announcement of Scalia’s nomination. [Ronald Reagan Presidential Library, 6/17/1986] Scalia’s nomination is, in the words of Justice Department official Terry Eastland, “no better example of how a president should work in an institutional sense in choosing a nominee….” Eastland advocates the practice of a president seeking a judiciary nominee who has the proper “judicial philosophy.” A president can “influence the direction of the courts through his appointments” because “the judiciary has become more significant in our politics,” meaning Republican politics. [Dean, 2007, pp. 132] Scalia is the product of a careful search by Attorney General Edwin Meese and a team of Justice Department officials who wanted to find the nominee who would most closely mirror Reagan’s judicial and political philosophy (see 1985-1986).

Entity Tags: Ronald Reagan, Edwin Meese, Antonin Scalia, Terry Eastland, US Department of Justice

Timeline Tags: Civil Liberties

The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque.The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque. [Source: National Geographic] (click image to enlarge)Ali Mohamed, while still an instructor at Fort Bragg, North Carolina (see 1986), frequently spends his weekends traveling to meet with Islamic activists at the Al-Kifah Refugee Center in Brooklyn. [Miller, Stone, and Mitchell, 2002, pp. 143-144] This center is the Brooklyn branch office of Maktab al-Khidamat (MAK)/Al-Kifah, which is a charity front in Pakistan closely tied to bin Laden and his mentor Abdullah Azzam. It also has ties to the CIA (see 1986-1993). Mohamed teaches the Islamic activists survival techniques, map reading and how to recognize tanks and other Soviet weapons. He frequently stays at the home of El-Sayyid Nosair (see November 5, 1990). In July 1989, the FBI monitors him teaching Nosair and some of the future members of the 1993 World Trade Center bomb plot how to shoot weapons (see July 1989). Towards the end of this period he informs his superiors that he has renewed his association with Sheikh Omar Abdul-Rahman. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 143-144] Mohamed will move to Brooklyn in May 1990 while also keeping a residence in Santa Clara, California. His connections to the Islamist network develop rapidly from this point on. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 144]

Entity Tags: Omar Abdul-Rahman, Ali Mohamed, Al-Kifah Refugee Center, El Sayyid Nosair, Afghan Refugee Services Inc., Al Farouq Mosque, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Robert Bork.Robert Bork. [Source: National Constitution Center]The controversial nomination of conservative judge Robert Bork to the Supreme Court is defeated in the US Senate. Bork is denied a seat on the Court in a 58-42 vote, because his views are thought to be extremist and even some Republicans vote against him.
'Right-Wing Zealot' - Bork, nominated by President Reagan as one of the sitting judges who most completely reflects Reagan’s judiciary philosophy (see 1985-1986), is characterized even by administration officials as a “right-wing zealot.” Reagan also wants a nominee to placate the hard right over their disaffection caused by the brewing Iran-Contra scandal. However, to make him more palatable for the majority of Americans, Reagan officials attempt to repackage Bork as a moderate conservative. Senate Judiciary Committee member Edward Kennedy (D-MA) attacks Bork’s political philosophy, saying before the committee hearings: “[In Bork’s America] women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is the—and is often the only—protector of the individual rights that are the heart of our democracy.… No justice would be better than this injustice.” Kennedy’s words provoke complaint, but the characterization of Bork is based on his lengthy record of court verdicts and his large body of judicial writings.
Racial Equality Issues - Although there is no evidence to suggest that Bork is himself a racist, former Nixon White House counsel John Dean will write that “his positions on civil rights were an anathema to all who cared about equality in America.” Constitutional law professor Herman Schwartz will write in 2004, “Bork condemned the Fourteenth Amendment’s Equal Protection Clause decisions outlawing the poll tax (to him it was just ‘a very small tax’), the decision establishing the one-person, one-vote principle, abolishing school segregation in the District of Columbia, barring courts from enforcing racially restrictive housing covenants, preventing a state from sterilizing certain criminals or interfering with the right to travel, and prohibiting discrimination against out-of-wedlock children…. Bork’s hostility to governmental action on behalf of minorities did not stop with his critique of court action. In 1963 he criticized a section of the proposed Civil Rights Act of 1964 that required white businesses to serve blacks as resting on a principle of ‘unsurpassed ugliness.’”
Ready to Fight - The Reagan administration understands that Bork’s nomination is opposed; on July 1, the day of his announced nomination, the media reports that Reagan will try to ensure Bork’s confirmation by waging an “active campaign.” Even Senate-savvy James Baker, Reagan’s chief of staff, is uncertain about Bork’s chances at being confirmed, and further worries that even if Bork wins the fight, the cost to Reagan’s political capital will be too high.
His Own Worst Enemy - Conservatives Justice Department official Terry Eastland will later say Senate Democrats sabotage Bork’s chances at faring well in the confirmation hearings, even positioning his table to ensure the least favorable angles for Bork on television. However, the public’s opinion of Bork is unfavorable, and Dean will write: “[I]t was not the position of his chair in the hearing room that made Bork look bad, but rather his arrogance, his hubris, and his occasional cold-bloodedness, not to mention his equivocations and occasional ‘confirmation conversions,’ where he did what no one else could do. He made himself a terrible witness who did not appear to be truthful.” The confirmation conversions even surprise some of his supporters, as Bork abandons his previous stances that the First Amendment only applies to political speech, and the Fourteenth Amendment’s equal protection clause does not apply to women. The Senate Judiciary Committee passes Bork’s nomination along to the full Senate, where Bork is defeated 58-42.
The Verb 'To Bork' - In 2007, Dean will write, “Bork’s defeat made him both a martyr and a verb,” and quotes conservative pundit William Safire as writing that “to bork” someone means to viciously attack a political figure, particularly by misrepresenting that figure in the media. [Dean, 2007, pp. 137-143]

Entity Tags: Herman Schwartz, US Department of Justice, Gregory Peck, Edward M. (“Ted”) Kennedy, US Supreme Court, William Safire, Ronald Reagan, James A. Baker, Senate Judiciary Committee, Terry Eastland, Robert Bork, John Dean

Timeline Tags: Civil Liberties

The flag of the Branch Davidians.The flag of the Branch Davidians. [Source: Wikimedia]Vernon Wayne Howell, a Texas musician and a member of the Branch Davidian sect of Seventh-day Adventists, forcibly installs himself as the leader of the Branch Davidian sect near Waco, Texas. Howell is a self-described loner and dyslexic who dropped out of high school, but taught himself the Bible, memorizing most of it by age 12. He was expelled from the Church of Seventh-day Adventists in 1979 for being a bad influence on the church’s young people, and in 1981 joined the Waco group of Branch Davidians in its 77-acre compound, “Mount Carmel,” on the outskirts of the city. Howell had an affair with the leader of the group, self-described prophetess Lois Roden, some 30 years older than himself.
Power Struggle - After Roden died, Howell began a lengthy struggle for control of the group with Roden’s son George Roden. In late 1987, Roden digs up the body of a member, Anna Hughes, and issues a challenge to Howell: the one who could raise her from the dead is the one to lead the community. Instead, Howell asks the local authorities to charge Roden with abusing a corpse. On November 3, Howell returns to the Mt. Carmel compound with seven male followers, all dressed in camouflage and bearing assault rifles, hunting rifles, shotguns, and ammunition. The two groups engage in a gunfight; during the exchange, Roden is shot in the chest and hands. Howell and his followers will be tried for attempted murder, but the others will be acquitted and Howell’s trial will end in a mistrial. In 1989, Roden will try to murder a man with an axe, and will be committed to a mental instutition for the rest of his life. By 1990, Howell will have established himself as the leader of the Waco Branch Davidians, and will legally change his name to David Koresh, explaining that he believes he is now the head of the Biblical House of David. Koresh is a Hebrew translation of “Cyrus,” the Persian king who allowed the Jews held captive in Babylon to return to Israel. [New York Times, 3/1/1993; Waco Tribune-Herald, 3/3/1993; Dean M. Kelley, 5/1995; PBS Frontline, 10/1995]
Adventists Join Koresh at Waco Compound - Seventh-day Adventists and others from around the world will journey to Waco to join the Davidians, who all told number somewhere around 75. According to a multi-part series by the Waco Tribune-Herald based on the recollections and observations of former members (see February 27 - March 3, 1993), the Davidians gather at the compound to “await the end of the world.” The members believe that Koresh alone can open the so-called “Seven Seals” of Biblical prophecy, which will trigger the Apocalypse, destroy the world as we know it, and propel Koresh and his followers into heaven. The compound is heavily armed. [Waco Tribune-Herald, 3/3/1993] Most of the Davidians live communally in an L-shaped compound of beige buildings. A few of the more elderly members live in a trailer four miles from the main compound. The trailer has more amenities than the main building, which lacks central heating and indoor plumbing. The men live separately from the women and children. Members rise early, breakfasting together in a large cafeteria and then going to work. Some of the men have jobs in the Waco area, and many stay, working on what sect member Paul Fatta will describe as a three-year renovation of the compound but what law enforcement officials say is a network of tunnels and bunkers. The children are home-schooled by the women. [New York Times, 3/6/1993]
Former Member: Koresh Brought Apocalyptic Mindset, Violence to Group - According to Davidian David Bunds, who will later leave the group, Koresh, or Howells as he is known, was something of a destabilizing factor from the time of his arrival. Bunds will later say: “We were a very reserved, very conservative group. There were no emotional displays. Then along came Vernon Howell. I remember my father said one day, ‘Well, that guy sounds like he’s going to end up saying he’s a prophet the way he’s acting.’” Bunds will later say that while he was enthralled for a time by Koresh’s personality and his apocalyptic preaching, he became increasingly disturbed at his insistence on having multiple “wives,” his stockpiling of more and more weapons, and the increasingly violent methods of “discipline” being meted out to “disobedient” children and adults alike (adults, Bunds and other “defectors” will later say, are physically beaten by Koresh’s cadre of militantly loyal “Mighty Men”). Bunds will be forced out of the group after questioning Koresh’s Biblical interpretations, and for taking a sect member as his wife against Koresh’s wishes. [Conway and Siegelman, 1995, pp. 244-246]
Federal Raid, Siege - The Waco Branch Davidians will kill four federal agents attempting to arrest Koresh on gun and sexual abuse charges (see 5:00 A.M. - 9:30 A.M. February 28, 1993); most of them, including Koresh, will die in a fiery conflagration after a 51-day standoff (see April 19, 1993). After the February 1993 raid, Waco Chamber of Commerce president Jack Stewart will say: “The sad part about this group is that it has evolved from the peaceful, pastoral group that it started as in the 1930s. Only since this most recent leader have they begun to acquire some of the weaponry and attitudes that they have.” [New York Times, 3/1/1993]

Entity Tags: Anna Hughes, Branch Davidians, David Koresh, George Roden, David Bunds, Seventh-day Adventists, Lois Roden, Jack Stewart, Paul Gordon Fatta

Timeline Tags: 1993 Branch Davidian Crisis

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

Entrance to Fort Riley, Kansas.Entrance to Fort Riley, Kansas. [Source: US Military (.com)]Terry Nichols, a 33-year-old Michigan farmer and house husband described as “aimless” by his wife Lana, joins the US Army in Detroit. He is the oldest recruit in his platoon and his fellow recruits call him “Grandpa.” During basic training at Fort Benning, Georgia, Nichols meets fellow recruits Timothy McVeigh (see 1987-1988), who joined the Army in Buffalo, New York, and Arizona native Michael Fortier. All three share an interest in survivalism, guns, and hating the government, particularly Nichols and McVeigh; unit member Robin Littleton later recalls, “Terry and Tim in boot camp went together like magnets.” For McVeigh, Nichols is like the older brother he never had; for Nichols, he enjoys taking McVeigh under his wing. Nichols also tells McVeigh about using ammonium nitrate to make explosives he and his family used to blow up tree stumps on the farm. The three are members of what the Army calls a “Cohort,” or Cohesion Operation Readiness and Training unit, which generally keeps soldiers together in the same unit from boot camp all the way through final deployment. It is in the Army that McVeigh and Nichols become enamored of the novel The Turner Diaries (see 1978), which depicts a United States racially “cleansed” of minorities and other “undesirables” (McVeigh is already familiar with the novel—see 1987-1988). All three are sent to the 11 Bravo Infantry division in Fort Riley, Kansas, where they are finally separated into different companies; McVeigh goes to tank school, where he learns to operate a Bradley fighting vehicle as well as becoming an outstanding marksman. [New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 91-95; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh later says he joined the Army because he was disillusioned with the “I am better than you because I have more money” mindset some people have, and because he was taken with the Army’s advertisement that claimed, “We do more before 9 a.m. than most people do all day.” [PBS Frontline, 1/22/1996] Fellow unit member Specialist Ted Thorne will later recall: “Tim and I both considered ourselves career soldiers. We were going to stay in for the 20-plus years, hopefully make sergeant major. It was the big picture of retirement.” [Serrano, 1998, pp. 31]
Nichols Leaves Army, Tells of Plans to Form 'Own Military Organization' - In the spring of 1989, Nichols, who planned on making a career of military service, leaves the Army due to issues with an impending divorce and child care, but his friendship with McVeigh persists. Fellow soldier Glen Edwards will later say that he found Nichols’s choice to serve in the Army unusual, considering his virulent hatred of the US government: “He said the government made it impossible for him to make a living as a farmer. I thought it strange that a 32-year-old man would be complaining about the government, yet was now employed by the government. Nichols told me he signed up to pull his 20 years and get a retirement pension.” Before Nichols leaves, he tells Edwards that he has plans for the future, and Edwards is welcome to join in. Edwards will later recall, “He told me he would be coming back to Fort Riley to start his own military organization” with McVeigh and Fortier. “He said he could get any kind of weapon and any equipment he wanted. I can’t remember the name of his organization, but he seemed pretty serious about it.” [New York Times, 5/28/1995; Stickney, 1996, pp. 96, 101]
McVeigh Continues Army Career, Described as 'Strange,' 'Racist,' but 'Perfect Soldier' - McVeigh does not leave the Army so quickly. He achieves the rank of sergeant and becomes something of a “model soldier.” He plans on becoming an Army Ranger. However, few get to know him well; only his closest friends, such as Nichols, know of his passion for firearms, his deep-seated racism, or his hatred for the government. McVeigh does not see Nichols during the rest of his Army stint, but keeps in touch through letters and phone calls. Friends and fellow soldiers will describe McVeigh as a man who attempts to be the “perfect soldier,” but who becomes increasingly isolated during his Army career; the New York Times will describe him as “retreating into a spit-and-polish persona that did not admit nights away from the barracks or close friendships, even though he was in a ‘Cohort’ unit that kept nearly all the personnel together from basic training through discharge.” His friends and colleagues will recall him as being “strange and uncommunicative” and “coldly robotic,” and someone who often gives the least desirable assignments to African-American subordinates, calling them “inferior” and using racial slurs. An infantryman in McVeigh’s unit, Marion “Fritz” Curnutte, will later recall: “He played the military 24 hours a day, seven days a week. All of us thought it was silly. When they’d call for down time, we’d rest, and he’d throw on a ruck sack and walk around the post with it.” A fellow soldier, Todd Regier, will call McVeigh an exemplary soldier, saying: “As far as soldiering, he never did anything wrong. He was always on time. He never got into trouble. He was perfect. I thought he would stay in the Army all his life. He was always volunteering for stuff that the rest of us wouldn’t want to do, guard duties, classes on the weekend.” Sergeant Charles Johnson will later recall, “He was what we call high-speed and highly motivated.” McVeigh also subscribes to survivalist magazines and other right-wing publications, such as Guns & Ammo and his favorite, Soldier of Fortune (SoF), and keeps an arsenal of weapons in his home (see November 1991 - Summer 1992). Regier will later tell a reporter: “He was real different. Kind of cold. He wasn’t enemies with anyone. He was kind of almost like a robot. He never had a date when I knew him in the Army. I never saw him at a club. I never saw him drinking. He never had good friends. He was a robot. Everything was for a purpose.” [New York Times, 5/4/1995; Stickney, 1996, pp. 86; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh is taken with the increasing number of anti-government articles and advertisements in SoF, particularly the ones warning about what it calls the impending government imposition of martial law and tyranny, and those telling readers how to build bombs and other items to use in “defending” themselves from government aggression. [Serrano, 1998, pp. 27-28] McVeigh is not entirely “by the book”; he knows his friend Michael Fortier is doing drugs, but does not report him to their superior officers. [PBS Frontline, 1/22/1996] McVeigh is promoted to sergeant faster than his colleagues; this is when he begins assigning the undesirable tasks to the four or five black specialists in the group, tasks that would normally be performed by privates. “It was well known, pretty much throughout the platoon, that he was making the black specialists do that work,” Regier will recall. “He was a racist. When he talked he’d mention those words, like n_gger. You pretty much knew he was a racist.” The black soldiers complain to a company commander, earning McVeigh a reprimand. Sergeant Anthony Thigpen will later confirm Regier’s account, adding that McVeigh generally refuses to socialize with African-Americans, and only reluctantly takes part in company functions that include non-whites. Captain Terry Guild will later say McVeigh’s entire company has problems with racial polarization, “[a]nd his platoon had some of the most serious race problems. It was pretty bad.” In April 1989, McVeigh is sent to Germany for two weeks for a military “change-up program.” While there, he is awarded the German equivalent of the expert infantryman’s badge. In November 1989, he goes home for Thanksgiving with Fortier, and meets Fortier’s mother Irene. In late 1990, McVeigh signs a four-year reenlistment agreement with the Army. [New York Times, 5/4/1995]
McVeigh Goes on to Serve in Persian Gulf War - McVeigh will serve two tours of duty in the Persian Gulf War, serving honorably and winning medals for his service (see January - March 1991 and After). Nichols and McVeigh will later be convicted of planning and executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: Ted Thorne, Terry Guild, Todd Regier, Terry Lynn Nichols, Robin Littleton, Michael Joseph Fortier, Charles Johnson, Glen Edwards, Marion (“Fritz”) Curnutte, Anthony Thigpen, Timothy James McVeigh, US Department of the Army

Timeline Tags: US Domestic Terrorism

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

James Nichols, a Michigan farmer, anti-government white separatist, and the brother of Terry Nichols (see March 24, 1988 - Late 1990), formulates a plan to use a “megabomb” to destroy an Oklahoma City federal building; an unnamed FBI informant will later tell the FBI that James Nichols specifically indicates the Murrah Federal Building. Nichols, who says he is upset over the US’s “role” in the terrorist bombing of Pan Am Flight 103, shares the plan with the informant, who will swear to the information in 1995, after James’s brother Terry Nichols is arrested for helping destroy the Murrah Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “[James] Nichols… made a specific reference to a federal building in Oklahoma City and began looking through the toolshed and workbench for a newspaper clipping depicting the Oklahoma City building,” the informant will say, according to an FBI affidavit. Nichols is unable to find the newspaper clipping, the informant will say, and instead draws a diagram remarkably similar to the Murrah Building. Nichols “later located a newspaper article containing a reference to the Federal Building in Oklahoma City and showed it” to the informer, the affidavit says. The informer is a regular visitor to the Nichols farm. [New York Times, 6/13/1995; Nicole Nichols, 2003] James Nichols routinely stamps US currency with red ink in a protest against the government, and calls his neighbors “sheeple” for obeying authority “like livestock.” A neighbor, Dan Stomber, will recall Nichols criticizing him and others for using drivers’ licences and Social Security cards, and for voting and paying taxes. “He said we were all puppets and sheeple,” Stomber will tell a reporter. “That was the first time I ever heard that word.” Stomber will not recall Nichols discussing any plans to bomb any federal buildings. [New York Times, 4/24/1995] After the Oklahoma City bombing, a friend of Nichols, an Indiana seed dealer named Dave Shafer, will tell authorities that Nichols showed him a diagram of a building remarkably similar to the Murrah Building, still under construction at the time, and said that building would be an excellent target. Shafer will say that he thought Nichols was joking. [Serrano, 1998, pp. 110] It is possible that Shafer and the unnamed FBI informant are the same person. Five years ago, a group of white supremacists had conceived of a plan to destroy the Murrah Building (see 1983).

Entity Tags: Terry Lynn Nichols, Murrah Federal Building, Federal Bureau of Investigation, Dave Shafer, James Nichols, Dan Stomber

Timeline Tags: US Domestic Terrorism

In the controversial film The Maltese Double Cross—Lockerbie by Allan Francovich, DEA agent Steve Donahue says that in 1989 a man named Mustafa Jafar provides him with information about a possible attack on the World Trade Center. After describing information that Jafar had given him about a possible drugs shipment being carried on Pan Am 103, which was downed over Lockerbie, Donahue says: “In the course of many calls and in direct contact with the FBI and a number of other people, the State Department, and every normal channel and authority, it became quite clear that [Jafar] had significant information, and in fact had predictive information, in terms of the attacks on the World Trade Center, which was one of several attacks which he said were staged, were going to be staged, at that time. This was well in advance of those attacks.” The World Trade Center will be bombed in 1993 (see February 26, 1993). Francovich’s film about Lockerbie is controversial because it blames Iran, Syria, Hezbollah, and their contacts with the US for the bombing, rather than Libya. [Allan Francovich, 1994]

Entity Tags: Allan Francovich, Steve Donahue, Mustafa Jafar

Timeline Tags: Complete 911 Timeline

Ali Mohamed, a spy for bin Laden working in the US military, trains Islamic radicals in the New York area. Mohamed is on active duty at Fort Bragg, North Carolina, at the time, but he regularly comes to Brooklyn on the weekends to train radicals at the Al-Kifah Refugee Center, a charity connected to both bin Laden and the CIA. Lawyer Roger Savis will later say, “He came quite often and became a real presence in that [Al-Kifah] office, which later metastasized into al-Qaeda.… He would bring with him a satchel full of military manuals and documents. It was Ali Mohamed who taught the men how to engage in guerrilla war. He would give courses in how to make bombs, how to use guns, how to make Molotov cocktails.” Mohamed’s gun training exercises take place at five different shooting ranges. One series of shooting range sessions in July 1989 is monitored by the FBI (Mohamed apparently is not at those particular sessions in person) (see July 1989). Mohamed’s trainees include most of the future bombers of the World Trade Center in 1993. [Lance, 2006, pp. 47-49]

Entity Tags: Roger Savis, Al-Kifah Refugee Center, Ali Mohamed

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

In a military journal, William S. Lind, a defense intellectual, and several officers warn that the US must transform its military to fight a new kind of war they call “fourth-generation warfare” or “4GW.” Unlike previous types of warfare relying on massive firepower and centralized command structures, 4GW will resemble terrorism and guerrilla warfare and could emerge from non-Western areas like the Islamic world. They write: “The fourth generation battlefield is likely to include the whole of the enemy’s society. Such dispersion, coupled with what seems likely to be increased importance for actions by very small groups of combatants, will require even the lowest level to operate flexibly on the basis of the commander’s intent. Second is decreasing dependence on centralized logistics. Dispersion, coupled with increased value placed on tempo, will require a high degree of ability to live off the land and the enemy. Third is more emphasis on maneuver. Mass, of men or fire power, will no longer be an overwhelming factor. In fact, mass may become a disadvantage as it will be easy to target. Small, highly maneuverable, agile forces will tend to dominate. Fourth is a goal of collapsing the enemy internally rather than physically destroying him. Targets will include such things as the population’s support for the war and the enemy’s culture. Correct identification of enemy strategic centers of gravity will be highly important. In broad terms, fourth-generation warfare seems likely to be widely dispersed and largely undefined; the distinction between war and peace will be blurred to the vanishing point.… A fourth generation may emerge from non-Western cultural traditions, such as Islamic or Asiatic traditions. The fact that some non-Western areas, such as the Islamic world, are not strong in technology may lead them to develop a fourth generation through ideas rather than technology.” [Marine Corps Gazette, 10/1989] After 9/11, this article and others developing similar ideas on the need for a smaller, more agile military, will be called remarkably prescient. New York Times columnist Bill Keller will comment: “The fourth-generation threat sounds, when you read this text today, uncannily like al-Qaeda. The authors suggested the threat would emerge from a non-Western culture like Islam, that it might be stateless, that, lacking modern means, its warriors would infiltrate our society and use our own technology against us, that they would regard our whole civilization as a battlefield. Fourth-generation warriors would ‘use a free society’s freedom and openness, its greatest strengths, against it.’” [CounterPunch, 9/29/2001; Hindu, 10/9/2001; Atlantic Monthly, 12/2001; New York Times Magazine, 3/10/2002] This article and others with a similar orientation will be praised in an article by “Abu ‘Ubeid Al-Qurashi,” reportedly the pseudonym of an Osama bin Laden aide and al-Qaeda theorist. He will say: “In 1989, some American military experts predicted a fundamental change in the future form of warfare.… [F]ourth-generation wars have already occurred and […] the superiority of the theoretically weaker party has already been proven; in many instances, nation-states have been defeated by stateless nations.… The time has come for the Islamic movements facing a general crusader offensive to internalize the rules of fourth-generation warfare.” [MEMRI Special Dispatch, 2/10/2002; Insight on the News, 12/24/2002; American Conservative, 4/7/2003]

Entity Tags: William Lind, Al-Qaeda, Bill Keller

Timeline Tags: US Military

Rick Rescorla, a security chief for a company at the World Trade Center, and Dan Hill, a former Army colleague of his, write a report in which they warn that terrorists could attack the WTC by detonating a truck filled with explosives in the underground parking garage, but the Port Authority, which manages the WTC, dismisses their warning. Rescorla, who previously served in the US Army, is now working as the director of security at brokerage firm Dean Witter, and his office is on the 44th floor of the WTC’s South Tower. [Stewart, 2002, pp. 173-177; New Yorker, 2/11/2002]
Former Army Ranger Agrees to Identify WTC Vulnerabilities - Rescorla has become increasingly concerned about the possibility of a terrorist attack in the United States, especially after Pan Am Flight 103 was blown up by a terrorist bomb over Scotland in December 1988, and he thinks the WTC is “an obvious target.” He therefore asks his friend Hill to join him in New York and be his consultant. [Stewart, 2002, pp. 173] Hill, a former Army Ranger, has been trained in counterterrorism, unconventional warfare, demolition, and the use of explosives. [Stewart, 2002, pp. 152-153] “If anyone can figure out how to hurt this building, you can,” Rescorla tells him, and adds, “I want to know the worst.” Hill agrees to help Rescorla. After he arrives in New York, Rescorla takes him to the WTC. Rescorla explains the basic engineering of the Twin Towers and suggests they examine the buildings, starting at the bottom and then working up.
Parking Area Has No Visible Security - The two men begin by walking around the entire 16-acre WTC complex. Hill then asks Rescorla where the loading and docking operations are, and Rescorla takes him to a ramp that goes to the basement levels of the WTC. After they walk down the ramp, past a loading dock, and into a parking area, Hill asks, “Where are the guards?” Rescorla replies, “There are no guards.” Hill then notices that all the major columns and supporting beams in the parking area are visible and exposed.
Hill Thinks Parking Area Is a 'Soft Touch' - After thinking for a few minutes, Hill says: “Hell, Rick. This is a soft touch. It’s not even a challenge.” He then explains to Rescorla how he would attack the WTC if he was a terrorist. According to journalist and author James B. Stewart, Hill says he would “bring in a stolen truck, painted like a delivery truck. He’d fill it with a mixture of ammonium nitrate and diesel fuel, then drive down the ramp and park. With four or five men dressed in coveralls, he could plant additional charges near key supporting pillars within 15 minutes. Then he and the men would walk out and disperse, and he’d remove his coveralls.” He would then take a taxi to another location, where he would have a van waiting with a woman, two children, and possibly a dog inside. He would use a cell phone or a beeper to detonate the truck bomb and then make his getaway. “Nobody’s going to stop a family and a dog on Interstate 95,” Hill tells Rescorla.
Port Authority Dismisses Rescorla's Concerns - Later on, the two men analyze Hill’s findings and incorporate them into a report for the Port Authority of New York and New Jersey, which manages the WTC buildings. The following day, Rescorla meets with some Port Authority officials and notifies them of his and Hill’s concerns, but they are uninterested. Rescorla later tells Hill that the officials’ response was to say, “You worry about your floors and we’ll worry about the rest, including the basements and parking.” All the same, Rescorla sends copies of his and Hill’s report to the Port Authority and also the New York City Police Department, but he receives no responses. Rescorla and Hill are unaware that the Port Authority’s Office of Special Planning submitted a report in 1985 that warned of a bombing at the WTC of a similar kind to what they have envisioned, and also emphasized the vulnerability of the basement levels (see November 1985). However, no steps were taken to increase security at the WTC in response to that report. [Stewart, 2002, pp. 173-177] In February 1993, terrorists will attack the WTC in almost exactly the way that Hill predicts, by parking a van containing a 1,500-pound urea nitrate bomb in the basement and detonating it with a timer (see February 26, 1993). [Parachini, 2000, pp. 190-191 pdf file]

Entity Tags: New York City Police Department, Rick Rescorla, Port Authority of New York and New Jersey, World Trade Center, Daniel J. Hill

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sheikh Omar Abdul-Rahman.Sheikh Omar Abdul-Rahman. [Source: FBI]Despite being on a US terrorist watch list for three years, radical Muslim leader Sheikh Omar Abdul-Rahman enters the US on a “much-disputed” tourist visa issued by an undercover CIA agent. [Village Voice, 3/30/1993; Atlantic Monthly, 5/1996; Lance, 2003, pp. 42] Abdul-Rahman was heavily involved with the CIA and Pakistani ISI efforts to defeat the Soviets in Afghanistan, and became famous traveling all over the world for five years recruiting new fighters for the Afghan war. The CIA gave him visas to come to the US starting in 1986 (see December 15, 1986-1989) . However, he never hid his prime goals to overthrow the governments of the US and Egypt. [Atlantic Monthly, 5/1996] FBI agent Tommy Corrigan will later say that prior to Abdul-Rahman’s arrival, “terrorism for all intents and purposes didn’t exist in the United States. But [his] arrival in 1990 really stoke the flames of terrorism in this country. This was a major-league ballplayer in what at the time was a minor-league ballpark. He was… looked up to worldwide. A mentor to bin Laden, he was involved with the MAK over in Pakistan.” The charity front Maktab al-Khidamat (MAK) is also known as Al-Kifah, and it has a branch in Brooklyn known as the Al-Kifah Refugee Center. The head of that branch, Mustafa Shalabi, picks up Abdul-Rahman at the airport when he first arrives and finds an apartment for him. Abdul-Rahman soon begins preaching at Al Farouq mosque, which is in the same building as the Al-Kifah office, plus two other locals mosques, Abu Bakr and Al Salaam. [Lance, 2006, pp. 53] He quickly turns Al-Kifah into his “de facto headquarters.” [Atlantic Monthly, 5/1996] He is “infamous throughout the Arab world for his alleged role in the assassination of Egyptian president Anwar Sadat.” Abdul-Rahman immediately begins setting up a militant Islamic network in the US. [Village Voice, 3/30/1993] He is believed to have befriended bin Laden while in Afghanistan, and bin Laden secretly pays Abdul-Rahman’s US living expenses. [Atlantic Monthly, 5/1996; ABC News, 8/16/2002] For the next two years, Abdul-Rahman will continue to exit and reenter the US without being stopped or deported, even though he is still on the watch list (see Late October 1990-October 1992).

Entity Tags: National Security Agency, Osama bin Laden, Meir Kahane, Omar Abdul-Rahman, Central Intelligence Agency, Al-Kifah Refugee Center, US Department of State, Abu Bakr Mosque, Al Farouq Mosque, Al Salaam Mosque, Anwar Sadat, World Trade Center

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Meir Kahane.Meir Kahane. [Source: Publicity photo]Egyptian-American El Sayyid Nosair assassinates controversial right-wing Zionist leader Rabbi Meir Kahane. Kahane’s organization, the Jewish Defense League, was linked to dozens of bombings and is ranked by the FBI as the most lethal domestic militant group in the US at the time. Nosair is captured after a police shoot-out. [Village Voice, 3/30/1993] Within hours, overwhelming evidence suggests that the assassination was a wide conspiracy but the US government will immediately declare that Nosair was a lone gunman and ignore the evidence suggesting otherwise (see November 5, 1990 and After). Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges) as investigators continue to ignore most of the evidence in his case which links to a wider conspiracy (see December 7, 1991). Nosair is connected to al-Qaeda through his job at the Al-Kifah Refugee Center, an al-Qaeda front (see 1986-1993). A portion of Nosair’s defense fund will be paid for by bin Laden, although this will not be discovered until some time later. [ABC News, 8/16/2002; Lance, 2003, pp. 34-37]

Entity Tags: Meir Kahane, Al-Qaeda, Al-Kifah Refugee Center, El Sayyid Nosair

Timeline Tags: Complete 911 Timeline

Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination.Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination. [Source: National Geographic]US government agencies cover up evidence of a conspiracy in the wake of El Sayyid Nosair’s assassination of controversial right-wing Zionist leader Rabbi Meir Kahane (see November 5, 1990). Nosair is captured a few blocks from the murder site after a police shoot-out. An FBI informant says he saw Nosair meeting with Muslim leader Sheikh Omar Abdul-Rahman a few days before the attack, and evidence indicating a wider plot with additional targets is quickly found. [Village Voice, 3/30/1993] Later that night, police arrive at Nosair’s house and find a pair of Middle Eastern men named Mahmud Abouhalima and Mohammed Salameh there. They are taken in for questioning. Additionally, police collect a total of 47 boxes of evidence from Nosair’s house, including: [Lance, 2003, pp. 34-35]
bullet Thousands of rounds of ammunition.
bullet Maps and drawings of New York City landmarks, including the World Trade Center.
bullet Documents in Arabic containing bomb making formulas, details of an Islamic militant cell, and mentions of the term “al-Qaeda.”
bullet Recorded sermons by Sheikh Omar Abdul-Rahman in which he encourages his followers to “destroy the edifices of capitalism” and destroy “the enemies of Allah” by “destroying their… high world buildings.”
bullet Tape-recorded phone conversations of Nosair reporting to Abdul-Rahman about paramilitary training, and even discussing bomb-making manuals.
bullet Videotaped talks that Ali Mohamed delivered at the John F. Kennedy Special Warfare Center at Fort Bragg, North Carolina.
bullet Top secret manuals also from Fort Bragg. There are even classified documents belonging to the US Joint Chiefs of Staff and the Commander in Chief of the Army’s Central Command. These manuals and documents had clearly come from Mohamed, who completed military service at Fort Bragg the year before and frequently stayed in Nosair’s house.
bullet A detailed and top secret plan for Operation Bright Star, a special operations training exercise simulating an attack on Baluchistan, a part of Pakistan between Afghanistan and the Arabian Sea. [Raleigh News and Observer, 10/21/2001; Raleigh News and Observer, 11/13/2001; Wall Street Journal, 11/26/2001; ABC News, 8/16/2002; Lance, 2003, pp. 34-35]
bullet Also within hours, two investigators will connect Nosair with surveillance photographs of Mohamed giving weapons training to Nosair, Abouhalima, Salameh, and others at a shooting range the year before (see July 1989). [Lance, 2003, pp. 34-35] But, ignoring all of this evidence, still later that evening, Joseph Borelli, the New York police department’s chief detective, will publicly declare the assassination the work of a “lone deranged gunman.” He will further state, “I’m strongly convinced that he acted alone.… He didn’t seem to be part of a conspiracy or any terrorist organization.” The 9/11 Congressional Inquiry will later conclude, “The [New York Police Department] and the District Attorney’s office… reportedly wanted the appearance of speedy justice and a quick resolution to a volatile situation. By arresting Nosair, they felt they had accomplished both.” [Village Voice, 3/30/1993; Lance, 2003, pp. 34-36] Abouhalima and Salameh are released, only to be later convicted for participating in the 1993 bombing of the World Trade Center. Investigators will later find in Nosair’s possessions a formula for a bomb almost identical to one used in the WTC bombing. [New York Magazine, 3/17/1995] As one FBI agent will later put it, “The fact is that in 1990, myself and my detectives, we had in our office in handcuffs, the people who blew up the World Trade Center in ‘93. We were told to release them.” The 47 boxes of evidence collected at Nosair’s house that evening are stored away, inaccessible to prosecutors and investigators. The documents found will not be translated until after the World Trade Center bombing. Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges), as investigators will continue to ignore all evidence that could suggest Nosair did not act alone (see December 7, 1991). [ABC News, 8/16/2002; Lance, 2003, pp. 34-37] District Attorney Robert Morgenthau, who prosecuted the case, will later speculate the CIA may have encouraged the FBI not to pursue any other leads. Nosair worked at the Al-Kifah Refugee Center which was closely tied to covert CIA operations in Afghanistan (see Late 1980s and After). [New York Magazine, 3/17/1995]

Entity Tags: Joseph Borelli, Mahmud Abouhalima, Meir Kahane, Federal Bureau of Investigation, El Sayyid Nosair, Al-Qaeda, Ali Mohamed, Central Intelligence Agency, Robert Morgenthau, Mohammed Salameh, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

A 2006 analysis compiled jointly by US and Croatian intelligence will reveal that al-Qaeda began infiltrating the Balkans region even before the start of the Bosnian war in 1992. Kamer Eddine Kherbane, a member of Algerian militant group GIA, moved to Zagreb, Croatia, in 1991 to set up a charity front at the direct request of Osama bin Laden. The organization, called Maktab al-Khidamat (MAK) or Al-Kifah, is closely tied to al-Qaeda. Its Brooklyn, New York, branch called the Al-Kifah Refugee Center is tied to both the 1993 WTC bombers and the CIA (see 1986-1993). [Associated Press, 4/17/2006] Apparently the Zagreb branch of MAK/Al-Kifah is also called the Al-Kifah Refugee Center like the Brooklyn branch and has very close ties with that branch (see Early 1990s). A Spanish police report will later claim that Kherbane is the head of the Zagreb branch. [CNN, 12/8/2002] The analysis will allege that Kherbane used Al-Kifah “to infiltrate GIA members into Bosnia,” and that Iran and unnamed Arab countries paid for the operation through money transfers. [Associated Press, 4/17/2006] Kherbane appears to have begun working with other radical militants in Bosnia in 1990 (see 1990).

Entity Tags: Al-Kifah Refugee Center, Osama bin Laden, Groupe Islamique Armé, Kamer Eddine Kherbane, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline

One of the many air strikes launched against Iraqi targets during Operation Desert Storm.One of the many air strikes launched against Iraqi targets during Operation Desert Storm. [Source: US Air Force]The US launches a massive air assault against Iraq in retaliation for that country’s invasion of Kuwait (see August 2, 1990). The air assault begins the day after a UN deadline for Iraq’s withdrawal from Kuwait expires (see November 29, 1990). F-117 Stealth bombers hit Baghdad with an array of high-tech bombs and missiles; many of the explosions are televised live, or on briefly delayed feeds, on CNN, which launches virtually 24-hour coverage of the air strikes. In the first 48 hours of the war, 2,107 combat missions drop more than 5,000 tons of bombs on Baghdad alone, nearly twice the amount that incinerated Dresden in World War II.
'Thunder and Lightning of Desert Storm' - US Army General Norman Schwarzkopf, chief of the US Central Command (CENTCOM), announces the beginning of hostilities by transmitting the following: “Soldiers, sailors, airmen and Marines of the United States Central Command, this morning at 0300, we launched Operation Desert Storm, an offensive campaign that will enforce the United Nation’s resolutions that Iraq must cease its rape and pillage of its weaker neighbor and withdraw its forces from Kuwait. My confidence in you is total. Our cause is just! Now you must be the thunder and lightning of Desert Storm. May God be with you, your loved ones at home, and our country.” [US Navy, 9/17/1997]
Initial Attacks Obliterate Iraqi Navy, Much of Air Force, Many Ground Installations - The attack begins with an assault of over 100 Tomahawk land attack missiles (TLAMs) launched from US naval vessels in the Persian Gulf and Red Sea, and attack helicopter strikes on Iraqi radar installations near the Iraq-Saudi Arabian border. The assaults destroy much of Iraq’s air defense and command-and-control capabilities. The missile assault is quickly followed by fighter, bomber, and assault helicopter strikes which continue pounding at Iraqi government buildings, power stations, dams, military sites, radio and television stations, and several of Saddam Hussein’s palaces. The strikes essentially obliterate the Iraqi Navy, and drastically cripple the Iraqi Air Force. (Between 115 and 140 aircraft and crews of the Iraqi Air Force flees to Iran over the course of the war, a move that surprises US commanders, who expected the aircraft and their crews to attempt to flee to Jordan, not Iran. The Iranians will never give Iraq back its aircraft, and will not release Iraqi air crews for years to come.) A US Navy review later calls the combined Navy-Marine air campaign, conducted in concert with US Air Force strikes, “successful beyond the most optimistic expectations.” The Navy later reports that “allied air forces dropped over 88,500 tons of ordnance on the battlefield.” [US Navy, 9/17/1997; NationMaster, 12/23/2007] Iraqi anti-aircraft counterattacks are surprisingly effective, downing around 75 US and British aircraft in the first hours of attacks. The US media does not widely report these downings, nor does it give much attention to the dozens of pilots and air crew captured as POWs. [NationMaster, 12/23/2007]
'The Mother of All Battles' - Five hours after the first attacks, Baghdad state radio broadcasts a voice identified as Saddam Hussein. Hussein tells his people that “The great duel, the mother of all battles has begun. The dawn of victory nears as this great showdown begins.” [NationMaster, 12/23/2007]
US Embassy Helped Locate Targets for Air Strikes - Deputy Chief of Mission Joseph Wilson, the last American to leave Baghdad (see January 12, 1991), and his staff provided critical assistance to the US battle planners in choosing their initial targets. Over the months, Wilson and his staff developed a “hostage tracking system,” monitoring and recording the movements of the American hostages as they were transferred from site to site to be used as human shields in the event of a US strike (see August 4, 1990 and August 8, 1990). Wilson and his staff were able to identify some 55 sites that were being used around the country, presumably some of the most critical military and infrastructure sites in Iraq. Wilson gave that information to the Pentagon. He will later write, “I was gratified when several months later, on the first night of Desert Storm, long after the hostages had been released, many of those sites were ones hit by American bombs.” [Wilson, 2004, pp. 141]

Entity Tags: US Department of the Navy, United Nations, US Department of the Marines, US Department of the Air Force, US Department of the Army, CNN, Richard (“Dick”) Cheney, Norman Schwarzkopf, Joseph C. Wilson, US Department of Defense, US Department of State, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Around February 28, 1991, Mustafa Shalabi, head of the Al-Kifah Refugee Center’s main US office in Brooklyn, is murdered. Al-Kifah is a charity front with ties to both the CIA and al-Qaeda (see 1986-1993). Shalabi’s body is found in his house on March 1. He had been shot and stabbed multiple times and $100,000 was stolen. Shalabi is found with two red hairs in his hand, and the FBI soon suspects Mahmud Abouhalima, who is red-headed, for the murder. Abouhalima identified Shalabi’s body for the police, falsely claiming to be Shalabi’s brother. He will later be one of the 1993 WTC bombers. Shalabi had been having a growing public dispute with the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, over where to send the roughly one million dollars Al-Kifah was raising annually. Abdul-Rahman wanted some of the money to be used to overthrow the Egyptian government while Shalabi wanted to send all of it to Afghanistan. Shalabi had given up the fight and had already booked a flight to leave the US when he was killed. The murder is never solved. [Lance, 2003, pp. 49-52; Lance, 2006, pp. 65-66] Abdul Wali Zindani takes over as head of Al-Kifah and apparently will run the office until it closes shortly after the 1993 WTC bombing. He is nephew of Sheikh Abdul Majeed al-Zindani, a radical imam in Yemen with ties to bin Laden. Abdul-Rahman, also linked to bin Laden, increases his effective control over Al-Kifah and its money. [Miller, Stone, and Mitchell, 2002, pp. 82] Al-Kifah’s links to al-Qaeda were already strong before Shalabi’s death. But author Peter Lance will later comment that after his death, “Osama bin Laden had an effective al-Qaeda cell right in the middle of Brooklyn, New York. A tough look at the Shalabi murder might have ripped the lid off al-Qaeda years before the FBI ever heard of the network.” [Lance, 2003, pp. 52]

Entity Tags: Mahmud Abouhalima, Al-Kifah Refugee Center, Omar Abdul-Rahman, Abdul Wali Zindani, Mustafa Shalabi

Timeline Tags: Complete 911 Timeline

Sergeant Timothy McVeigh, a decorated Army gunner, returns from serving three months in Operation Desert Storm (see January - March 1991 and After). Disillusioned and discouraged by his experiences and his failure to succeed in Special Forces training, McVeigh returns to Fort Riley, Kansas, and begins displaying increasingly odd behavior, always carrying a weapon and talking incessantly about the constitutional right to bear arms. His friend and fellow soldier Bruce Williams later recalls that McVeigh is no longer the “Iron Mike” that he had known during training at Fort Benning. “I’d hang out and go to the parties and drink Budweiser,” Williams will recall. “Tim just stayed in his room playing Nintendo.” McVeigh rents a house off post with two fellow soldiers, Corporal John Edward Kelso and Sergeant Rick Cerney, in Herington, Kansas, some 40 miles from Fort Riley. Kelso later recalls he and Cerney trying to “josh with him” and get him to relax. “It was so easy to put him over the edge,” Kelso will recall. “He was so gullible, so vulnerable. He was so unbalanced about being tough. He was just kind of a nerd.” Sergeant Royal L. Witcher, McVeigh’s assistant gunner during active duty in Kuwait and Iraq, later recalls that McVeigh is uncomfortable sharing the house with the two, and persuades Witcher to let him move in with him instead. McVeigh moves into Witcher’s Herington home and immediately claims the larger of the two bedrooms, blocking the window with a camouflage poncho. Witcher later says he knew better than to enter McVeigh’s room. McVeigh keeps at least 10 guns in the house, Witcher will recall, saying: “They weren’t exposed, they were hidden. He had a couple in the kitchen, a couple in the living room under the couch. I think there was one in the bathroom, behind the towels. As you go up the steps there was a little ledge and he kept one in there, a .38 revolver.” McVeigh also keeps two guns in his car and a shotgun at the home of a sergeant who also lives off post. Witcher never asks why McVeigh keeps so many guns. “I don’t know if he was paranoid or what,” Witcher will recall. “Or maybe he had some friends that were after him. I don’t know.” On occasion, McVeigh sells guns to fellow soldiers. He cleans all of his weapons twice a week, and takes them to a lake to shoot every weekend. Witcher never recalls McVeigh having any dates. On a few occasions, the two have conversations. “He was a very racist person,” Witcher will recall. “He had very strong views against, like, political things, like that.” Witcher will say he does not share McVeigh’s racist views: “He pretty much knew my views and he didn’t talk too much about it around me.” McVeigh constantly complains about government intrusiveness, Witcher will recall, taking umbrage with items he reads in the newspaper on a daily basis. Witcher will remember McVeigh dropping out of the National Rifle Association (NRA) when that organization seems to be softening its stance on the banning of assault rifles. He begins spending more and more time poring over gun magazines, and spends more and more time in the pawnshops and gun dealerships in nearby Junction City. [New York Times, 4/23/1995; New York Times, 5/4/1995; New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 42; Douglas O. Linder, 2001; CNN, 2001]
Becomes Conspiracy-Minded, Involved with Extremist Groups - Ives will recall that after his failed attempt to join Special Forces, McVeigh becomes involved with extreme right-wing political groups off-post. Ives cannot identify the groups, but, he will say, “cults is what I call them.” Witcher will recall nothing of any such involvement. [New York Times, 4/23/1995; New York Times, 5/4/1995] Ives may be referring to a group of soldiers who begin meeting off-base to take action against gun control and government interference in their lives, a group McVeigh meets with at least once. His unit member Robin Littleton later recalls McVeigh becoming increasingly “bitter” and conspiracy-minded, reading books about the Kennedy assassination and becoming “convinced that the government was behind it all. He also started reading a lot of fiction, all of it to do with big business and the military planning on overthrowing the government. He started to rant on about the private armies that were springing up inside the federal government, and how the CIA and FBI were out of control.” At least one local girl, Catina Lawson, shows some interest in McVeigh, but his anti-Semitic rants and his professed admiration for Adolf Hitler quickly terminate her interest. [Stickney, 1996, pp. 120, 125-127] Warnement later recalls corresponding with McVeigh in 1992 and 1993, after Warnement is transferred to Germany. “He sent me a lot of newsletters and stuff from those groups he was involved in,” Warnement will recall. He will say that because the literature is so extremist, he throws it away rather than being caught with it. “There were newsletters from [militia leader] Bo Gritz’s group, some other odd newsletters, some from the Patriots; then he sent that videotape ‘The Big Lie’ about Waco. He seemed quite a bit different after the war than he’d been before.” The Branch Davidian debacle (see April 19, 1993) infuriates McVeigh, Warnement will recall (see April 19, 1993 and After). McVeigh is also angered by the use of Army units for drug-enforcement duties on the US-Mexican border, the deployment of infantry during the 1992 Los Angeles riots, and UN command over US forces during fighting in Somalia. “He thought the federal government was getting too much power,” Warnement will recall. “He thought the ATF [the Bureau of Alcohol, Tobacco and Firearms] was out of control. Then, of course, when Waco happened, he really felt the ATF was out of control.… He wasn’t happy about Somalia, that if we could put the United States under basically UN command and send them to Somalia to disarm their citizens, then why couldn’t they come do the same thing in the United States?… It had a kind of logic to it, but it really didn’t take into account the flip side of things. I kind of had the feeling that he might be headed for trouble because he was never the type of person to back down.” [New York Times, 7/5/1995] In February 1992, McVeigh sends Warnement a copy of The Turner Diaries, a racially inflammatory novel about a white supremacist genocide in the US (see 1978). He also includes a news article concerning a black militant politician. [PBS Frontline, 1/22/1996]
Accepts Early Discharge - Like many soldiers, McVeigh is encouraged to leave as part of the military’s postwar “drawdown.” McVeigh soon takes an early discharge and leaves the Army entirely (see November 1991 - Summer 1992). Sergeant James Hardesty, who served in Kuwait with McVeigh, later says that many soldiers such as McVeigh and himself felt like “discarded baggage.” [New York Times, 5/4/1995; Serrano, 1998, pp. 42-43] Fellow soldier Roger L. Barnett later recalls: “He wasn’t the same McVeigh. He didn’t go at things the way he normally did. It used to be, a superior commanding soldier would tell him to do something and he’d do it 110 percent. He didn’t have the same drive. He didn’t have his heart in the military anymore.” [New York Times, 7/5/1995]
Future Oklahoma City Bomber - McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: John Edward Kelso, Catina Lawson, James Hardesty, Albert Warnement, Rick Cerney, Bruce Williams, US Bureau of Alcohol, Tobacco, Firearms and Explosives, US Department of the Army, Robin Littleton, Roger L. Barnett, Timothy James McVeigh, Royal L. Witcher

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline

Terry Nichols, a shy loner and Army veteran (see March 24, 1988 - Late 1990) in Michigan, moves to Henderson, Nevada, outside Las Vegas. He tells friends he wants to attempt a career as a real estate agent, a plan that fails to bear fruit. When his Filipino bride Marife joins him (see July - December 1990), she is six months pregnant with a child that is not his. Nichols may be troubled about the circumstances of the child’s conception, but he does not talk about it, and accepts the child, a son they will name Jason Torres Nichols, as his own. In the fall, Nichols takes his wife and son back to his home town of Decker, Michigan. [New York Times, 5/28/1995; New York Times, 12/24/1997] Nichols will later be convicted of conspiracy in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: Terry Lynn Nichols, Jason Torres Nichols, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

Former White House counsel John Dean, who served prison time for his complicity in the Watergate conspiracy (see September 3, 1974), receives an early morning phone call from CBS reporter Mike Wallace. Dean has tried to keep a low public profile for over a decade, focusing on his career in mergers and acquisitions and staying out of politics. Wallace wants Dean’s reaction to a not-yet-published book by Leonard Colodny and Robert Gettlin, Silent Coup, which advances a very different theory about the Watergate affair than is generally accepted. According to Dean’s own writing and a Columbia Journalism Review article about the book, the book’s allegations are as follows:
bullet Richard Nixon was guilty of nothing except being a dupe. Instead, Dean is the mastermind behind the Watergate conspiracy. Dean became involved both to find embarrassing sexual information on the Democrats and to protect his girlfriend, Maureen “Mo” Biner (later his wife), who is supposedly listed in a notebook linked to a prostitution ring operating out of the Watergate Hotel. This alleged prostitution ring was, the authors assert, patronized or even operated by officials of the Democratic Party. Dean never told Nixon about the prostitution ring, instead concocting an elaborate skein of lies to fool the president. According to the authors, Dean’s wife Maureen knew all about the call girl ring through her then-roommate, Heidi Rikan, whom the authors claim was actually a “madame” named Cathy Dieter. The address book belonged to a lawyer involved in the prostitution ring, Philip Macklin Bailey.
bullet According to the book, the other schemer involved in Watergate was Nixon’s chief of staff Alexander Haig. Haig wanted to conceal his role as part of a military network spying on Nixon and his national security adviser, Henry Kissinger (see December 1971). Haig orchestrated the titular “silent coup” to engineer Nixon’s removal from office.
bullet Haig was the notorious “Deep Throat,” the inside source for Washington Post reporter Bob Woodward (see May 31, 2005). Far from being a crusading young reporter, Woodward is, the book alleges, a “sleazy journalist” trying to cover up his background in military intelligence. Woodward had a strong, if covert, working relationship with Haig. [Columbia Journalism Review, 11/1991; Dean, 2006, pp. xv-xvii]
During the phone call, Wallace tells Dean, “According to Silent Coup, you, sir, John Dean, are the real mastermind of the Watergate break-ins, and you ordered these break-ins because you were apparently seeking sexual dirt on the Democrats, which you learned about from your then girlfriend, now wife, Maureen.” Wallace says that the book alleges that Dean had a secretive relationship with E. Howard Hunt, one of the planners of the Watergate burglary. Dean replies that he had little contact with Hunt during their White House careers, and calls the entire set of allegations “pure bullsh_t.” He continues: “Mike, I’m astounded. This sounds like a sick joke.” Wallace says that the authors and publisher, St. Martin’s Press, claim Dean was interviewed for the book, but Dean says no one has approached him about anything related to this book until this phone call. Dean says he is willing to refute the book’s claims on Wallace’s 60 Minutes, but wants to read it first. CBS cannot give Dean a copy of the book due to a confidentiality agreement. [Dean, 2006, pp. xv-xvii] Dean will succeed in convincing Time’s publishers not to risk a lawsuit by excerpting the book (see May 7, 1991), and will learn that the book was co-authored behind the scenes by Watergate burglar and conservative gadfly G. Gordon Liddy (see May 9, 1991 and After). The book will be published weeks later, where it will briefly make the New York Times bestseller list (see May 1991) and garner largely negative reviews (see June 1991).

Entity Tags: Heidi Rikan, G. Gordon Liddy, CBS News, Bob Woodward, Alexander M. Haig, Jr., St. Martin’s Press, Robert Gettlin, Philip Macklin Bailey, E. Howard Hunt, Maureen Dean, Mike Wallace, Leonard Colodny, Richard M. Nixon, Henry A. Kissinger, John Dean

Timeline Tags: Nixon and Watergate

In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

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

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