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Context of 'November 28, 1998: Taliban Hints at Possible Expulsion of Bin Laden'

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Alan Keyes.Alan Keyes. [Source: WorldNetDaily (.com)]Alan Keyes (R-IL), the unsuccessful presidential candidate who ran under the American Independent Party banner, files a petition, Keyes v. Bowen, with the Superior Court of California in Sacramento. The action is filed by Gary Kreep of the United States Justice Foundation on behalf of Keyes, along with well-known “birther” lawyer Orly Taitz. Two California electors, Wiley S. Drake and Markham Robinson, are also named with Keyes in the action. Keyes’s “Petition for Writ of Mandate” claims that President-elect Barack Obama (D-IL)‘s US citizenship is unproven (see (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008) and therefore he must be stopped from taking office until it is proven one way or the other. “Should Senator Obama be discovered, after he takes office, to be ineligible for the Office of President of the United States of America and, thereby, his election declared void,” the petition states, “Petitioners, as well as other Americans, will suffer irreparable harm in that (a) usurper will be sitting as the President of the United States, and none of the treaties, laws, or executive orders signed by him will be valid or legal.” The petition requests that Secretary of State Debra Bowen be prevented “from both certifying to the governor the names of the California Electors, and from transmitting to each presidential Elector a Certificate of Election, until such documentary proof is produced and verified showing that Senator Obama is a ‘natural born’ citizen of the United States and does not hold citizenship of Indonesia, Kenya, or Great Britain.” It continues with a request for a writ barring California’s electors from signing the Certificate of Vote until documentary proof is produced. The defendants include Bowen, Obama, Vice President-elect Joseph Biden (D-DE), and the 55 California electors. The petition uses a fraudulently edited audiotape (see October 16, 2008 and After) as primary evidence that Obama was born in Kenya and is therefore ineligible to be president. Referring to the tape’s transcript, and a previously dismissed lawsuit by Philip Berg (see August 21-24, 2008) currently using the same audiotape to justify an appellate reversal, Keyes writes, “Mr. Berg provided documents [to the Supreme Court] to the effect that Senator Obama was born in what is now Kenya… and that his paternal grandmother was present at his birth.” The petition states as a “fact” that Obama’s paternal grandmother stated that “she was present during [his] birth… [she] affirmed that she ‘was in the delivery room in Kenya when he was born Aug. 4, 1961.’” The suit asks that the court issue an immediate injunction prohibiting California’s 55 electors from voting for Obama in the upcoming Electoral College vote on December 15, 2008, which would prevent Obama from being officially declared president. Keyes’s writ asks that documentary proof be received and verified by the California secretary of state that the allegations are false and that Obama is affirmatively proven to be a “natural born citizen” by a series of tests not required of any previous president-elect. Investigative blogger Greg Doudna will speculate that Keyes’s extraordinary actions have been sparked in part because he has now been twice defeated by Obama in elections; Obama defeated him in an Illinois election for US Senate in 2004. [Keyes et al v. Bowie et al, 11/13/2008 pdf file; WorldNetDaily, 11/14/2008; Sacramento Union, 11/15/2008; Greg Doudna, 12/9/2008 pdf file] After filing the lawsuit, Keyes tells a reporter: “I and others are concerned that this issue be properly investigated and decided before Senator Obama takes office. Otherwise there will be a serious doubt as to the legitimacy of his tenure. This doubt would also affect the respect people have for the Constitution as the supreme law of the land. I hope the issue can be quickly clarified so that the new president can take office under no shadow of doubt. This will be good for him and for the nation.” [Sacramento Union, 11/15/2008]
'Pure Garbage' - An Obama spokesperson tells WorldNetDaily: “All I can tell you is that it [the petition] is just pure garbage. There have been several lawsuits, but they have been dismissed.” [WorldNetDaily, 11/13/2008]
Affidavit from Phony 'Computer Graphics Expert' - Self-described “computer graphics expert” “Dr. Ron Polarik,” a conservative blogger, records a video (that blurs his face and disguises his voice) explaining how the actual Obama birth certificate was forged using Photoshop. Polarik submits an affidavit in support of the filing, but because he signs it “XXXXXXXXXXX,” the affidavit is inadmissible. Kreep later tells a reporter, “If it ever comes down to it, we’ll use his real name.” [Washington Independent, 7/24/2009] The Berg lawsuit also used material supplied by Polarik. Computer forensics expert Dr. Neal Krawetz later determines that Polarik’s analysis is a clumsy fraud perpetuated by an amateur with no real expertise. [Neal Krawetz, 11/25/2008; Washington Independent, 7/24/2009; Hacker Factor, 2011] Libertarian lawyer Loren Collins later traces a timeline of what he will call Polarik’s “ever-changing resume,” and questions Polarik’s claims to his several doctorates and areas of expertise. [Loren Collins, 7/7/2009] Collins later discovers that “Polarik” is actually a man named Ronald Jay Polland, who holds a doctorate in instructional systems, has experience conducting surveys and statistical reports, operates a one-man consulting firm in Florida, and describes himself on his MySpace page as an “[e]xpert advisor on relationships, romance, and… dating.” Polland’s resume, unlike “Polarik’s,” claims no expertise in document forensics, computing systems, or graphics. [Loren Collins, 7/29/2009] Krawetz will learn that Polland claimed to use a pseudonym on the Internet because “he fears threats from Obama supporters.” [Neal Krawetz, 11/25/2008]

Entity Tags: Debra Bowen, Loren Collins, Gary Kreep, Greg Doudna, Joseph Biden, Markham Robinson, Neal Krawetz, Barack Obama, Wiley S. Drake, Alan Keyes, Philip J. Berg, Orly Taitz, US Electoral College, United States Justice Foundation, Ronald Jay Polland

Timeline Tags: Domestic Propaganda, 2008 Elections

Conservative radio host and convicted felon G. Gordon Liddy (see March 23, 1974) advises his listeners not to register their firearms. (Failure to register a firearm is a crime.) Liddy makes the suggestion because he believes the Obama administration intends to take away citizens’ guns, and if the guns are not registered, government and law enforcement officials have no way to locate them and their owners. While talking to a caller about assault weapons, Liddy says: “[P]eople are buying them. Some because they’ve always wanted one and think that the Obama administration will try to outlaw them again, the way the Clinton administration did (see September 13, 1994). Others figure: ‘OK, I’ll buy as many as I can get my hands on, and I’ll be grandfathered in. And then when they’re banned, I will be able to sell them at a very nice profit.’ So, that’s going on. But the main thing is, you know, get them into private hands as quickly as possible.… The first thing you do is, no matter what law they pass, do not—repeat, not—ever register any of your firearms. Because that’s where they get the list of where to go first to confiscate. So, you don’t ever register a firearm, anywhere.” [Media Matters, 4/9/2009] In 1994, Liddy advised radio listeners to shoot federal agents in the head if they came to their houses to confiscate their guns. “Head shots, head shots.… Kill the sons of b_tches,” he said (see August 26 - September 15, 1994).

Entity Tags: Obama administration, G. Gordon Liddy

Timeline Tags: Domestic Propaganda

Responding to speculation that his administration will continue the policies of torture and indefinite detention, President-elect Barack Obama says flatly that he will shut down the Guantanamo detention center as part of his administration’s new policy towards terror suspects. CBS interviewer Steve Kroft asks: “There are a number of different things that you could do early pertaining to executive orders. One of them is to shut down Guantanamo Bay. Another is to change interrogation methods that are used by US troops. Are those things that you plan to take early action on?” Obama responds: “Yes. I have said repeatedly that I intend to close Guantanamo, and I will follow through on that. I have said repeatedly that America doesn’t torture. And I’m gonna make sure that we don’t torture. Those are part and parcel of an effort to regain America’s moral stature in the world.” [Wall Street Journal, 11/11/2008; CBS News, 11/16/2008] Two days into his administration, Obama orders that the Guantanamo detention facility be closed (see January 22, 2009).

Entity Tags: Barack Obama, Steve Kroft, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Mohamed al-Khatani in September 2009.Mohamed al-Khatani in September 2009. [Source: US Defense Department]Military prosecutors at Guantanamo say they are going to file new war crimes charges against Mohamed al-Khatani, the so-called “20th hijacker” in the 9/11 plot. The senior official in charge of prosecutions at Guantanamo, Susan Crawford, dismissed similar charges against al-Khatani six months before (see May 13, 2008). Military officials now say that even though al-Khatani was originally interrogated using previously approved, then later disapproved, techniques (see August 8, 2002-January 15, 2003 and October 11, 2002), those previous interrogations will not make it impossible to try him. Speculation has been rife that Crawford dismissed the charges against al-Khatani over concerns that he was tortured at Guantanamo. (In 2009, Crawford will verify that al-Khatani was indeed tortured—see January 14, 2009). Colonel Lawrence Morris, the chief prosecutor at Guantanamo, says of al-Khatani, “His conduct is significant enough that he falls into the category of people who ought to be held accountable by being brought to trial.” According to evidence compiled by the 9/11 Commission, al-Khatani was slated to have been one of the “muscle hijackers” (see August 4, 2001). Lieutenant Colonel Bryan Broyles, al-Khatani’s defense lawyer, says new charges filed against his client would be disturbing. “It speaks about the moral bankruptcy of this whole process,” Broyles says, “that there’s nothing we can do to these people that is too much, that there are no consequences for our own misconduct.” [New York Times, 11/18/2008]

Entity Tags: Mohamed al-Khatani, Susan Crawford, Bryan Broyles, Lawrence J. Morris

Timeline Tags: Torture of US Captives

Federal Judge Richard Leon rules that the US government has unlawfully held five Algerian men at Guantanamo for nearly seven years (see January 18, 2002). Leon orders their release. Leon rules that the government’s case, based on a slender compilation of classified evidence, was too weak to justify the five men’s continued detention. The government’s case is based on a single “classified document from an unnamed source” for its central claim against the men, and the court has no way to accurately judge its credibility. “To rest on so thin a reed would be inconsistent with this court’s obligation,” Leon writes. He urges the Bush administration not to appeal the ruling, and recommends that they be released “forthwith.” Leon rules that a sixth Algerian, Bensayah Belkacem (see October 8, 2001), is being lawfully detained due to his demonstrable ties with al-Qaeda. The six are among the Guantanamo inmates who won a narrowly decided Supreme Court case recognizing their right to seek redress in the US court system (see June 22, 2008), and include Lakhdar Boumediene, for whom the Court’s ruling was named. Leon, a Republican appointee previously considered sympathetic to the Bush administration’s position on the detention of suspects, urges the government not to appeal his ruling: such an appeal could take as much as two years, and, he notes, “Seven years of waiting for our legal system to give them an answer to a question so important is, in my judgment, more than plenty.” If the government chooses not to appeal, the lawyers for the detainees expect them to be released into Bosnia, where they were arrested in early 2002. The Justice Department calls the ruling “perhaps an understandable consequence of the fact that neither the Supreme Court nor Congress has provided rules on how these habeas corpus cases should proceed in this unprecedented context.” One of the detainees’ lawyers, Robert Kirsch, says the case illustrates “the human cost of what can happen when mistakes are made at the highest levels of our government, and no one has the courage to acknowledge those mistakes.” Other detainee lawyers say the case is a broad repudiation of the Bush administration’s attempts to use the Guantanamo facility to avoid the scrutiny of US judges. Lawyer Zachary Katznelson, a member of the British human rights group Reprieve, says, “The decision by Judge Leon lays bare the scandalous basis on which Guantánamo has been based—slim evidence of dubious quality.” The case was not strengthened by the Bush administration’s pursuit of it: originally the six were charged with planning a bomb attack on the US Embassy in Sarajevo, Bosnia, but in October, Justice Department lawyers abruptly withdrew those accusations. [New York Times, 11/20/2008; National Review, 11/20/2008] The five will be released the following month (see December 2008).

Entity Tags: Reprieve, Bensayah Belkacem, Al-Qaeda, Bush administration (43), Lakhdar Boumediene, Zachary Katznelson, US Supreme Court, Richard J. Leon, US Department of Justice, Robert Kirsch

Timeline Tags: Civil Liberties

Rashid Rauf, a leading British-Pakistani militant involved with a liquid bomb plot to destroy transatlantic airliners (see August 10, 2006), is reported to have been killed in Pakistan. Rauf is allegedly killed in a US airstrike by a pilotless drone in North Warizistan, a region associated with Pakistani militants. He is allegedly one of five people killed, along with a wanted Egyptian militant named Abu Zubair al-Masri. [BBC, 11/22/2009] However, the reports of his death are unconfirmed, and doubts will persist. [BBC, 11/22/2009; BBC, 11/26/2009] Rauf’s family disbelieve the claim. Speaking through Rauf’s lawyer Hashmat Malik, the family of Rauf’s wife in Pakistan says that the body had not been handed over to them, and the authorities are not responding to their questions. “It’s all a concocted story,” says Malik. “We’re sure that it is not Rashid Rauf.” He adds, “There was no reason for him to be in North Waziristan, he has no link with al-Qaeda or the Taliban.” Malik also comments that if Rauf is dead, then he did not die in this strike, but was murdered by Pakistan’s security services after he escaped from custody in mysterious circumstances the previous year (see December 14, 2007). [Guardian, 11/25/2008]

Entity Tags: Hashmat Malik, Abu Zubair al-Masri, Rashid Rauf

Timeline Tags: Complete 911 Timeline

The conservative Washington Times, a staunch opponent of President-elect Barack Obama, publishes an editorial predicting that the incoming Obama administration will, in some form or fashion, move to “exterminate” babies with disabilities and other “useless” Americans through its promised reform of the US health care system, similar to actions taken by the Nazis before World War II. The Times provides a brief synopsis of Adolf Hitler’s “T4 Aktion” program designed, in the words of the Times, “to exterminate ‘useless eaters,’ babies born with disabilities. When any baby was born in Germany, the attending nurse had to note any indication of disability and immediately notify T4 officials—a team of physicians, politicians, and military leaders. In October 1939 Hitler issued a directive allowing physicians to grant a ‘mercy death’ to ‘patients considered incurable according to the best available human judgment of their state of health.’ Thereafter, the program expanded to include older children and adults with disabilities, and anyone anywhere in the Third Reich was subject to execution who was blind, deaf, senile, retarded, or had any significant neurological condition, encephalitis, epilepsy, muscular spasticity, or paralysis. Six killing centers were eventually established, and an estimated quarter-million people with disabilities were executed.” The Times draws a parallel between the Nazis and the Obama administration’s support for legal abortion and for physician-assisted suicide, which it equates with “euthanasia.” The incoming administration will, the Times fears, begin “selecting” babies with disabilities for what apparently will be “selective abortions.” It quotes the Reverend Briane K. Turley as saying: “Were God’s design for us left unhindered, we could naturally expect to welcome 40,000 or more newborn infants with Down syndrome each year in the US. And yet we have reduced that number to just under 5,500. These data strongly indicate that, in North America, we have already discovered a new, ‘final solution’ for these unusual children and need only to adapt our public policies to, as it were, ‘cure’ all Down syndrome cases.” Turley, the Times notes, claims that “there is growing evidence suggesting that, among health care practitioners and systems, the central motivation behind legally enforced or high pressure screenings is economics.” The Times then adds: “[A]nd the results seem to bear him out. America’s T4 program—trivialization of abortion, acceptance of euthanasia, and the normalization of physician assisted suicide—is highly unlikely to be stopped at the judicial, administrative, or legislative levels anytime soon, given the Supreme Court’s current and probable future makeup during the Obama administration, the administrative predilections that are likely from that incoming administration, and the makeup of the new Congress.” The Times predicts a new “final solution” of “extermination” that will start with disabled infants and will progress “from prenatal to postnatal to child to adult.” [Washington Times, 11/23/2008] The editorial anticipates the “deather” claims that many conservatives will make in the summer of 2009 (see January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 6, 2009, August 7, 2009, August 10, 2009, August 10, 2009, Shortly Before August 10, 2009, August 11, 2009, August 11, 2009, August 12, 2009, August 12, 2009, and August 13, 2009).

Entity Tags: Washington Times, Barack Obama, Obama administration, Briane K. Turley, T4 Aktion

Timeline Tags: Domestic Propaganda, 2010 Elections

President-elect Barack Obama faces another challenge to his presidency—an Internet-based effort to block the US Electoral College from certifying him as president, according to a report from the Christian Science Monitor. The challenge centers on long-debunked accusations that Obama is not a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The Electoral College meets on December 15 to cast its votes, as garnered through the November 4 election results. The Constitution requires that the president be a US citizen; the people behind this effort insist that Obama was born in Kenya, and not in Hawaii as his birth certificate attests. North Carolina Secretary of State Elaine Marshall says: “Most of the world thinks this is settled except for a few conspiracy theorists. In the 2000 election… Republican electors felt under siege, and I expect the Democrat electors may end up feeling the same way [this time].” North Carolina elector Wayne Abraham (D-NC) says he has received three letters and a phone call asking him not to vote for Obama. “I was surprised, but I’m not worried about it,” he says. “As I said to the lady on the phone, I figured that the Bush administration had ample opportunity to investigate Senator Obama, and if they had discovered he was not truly a citizen they… would have let us know.” Immigration law expert Peter Spiro of Temple University says the entire issue is a “nonstarter, because Obama was born in Hawaii.” The biggest effort of the attempt to stop the Electoral College from certifying Obama’s presidency is a lawsuit in California brought by failed presidential candidate Alan Keyes (see November 12, 2008 and After). Lawyer Philip Berg, who has lost a lawsuit challenging Obama’s citizenship (see August 21-24, 2008), says: “People are going after electors now because they can only vote for a qualified candidate, and [Obama] hasn’t shown he’s qualified. I think we have enough trouble—we don’t need a fake president.” Melanie Siewert of Kenansville, North Carolina, says the questions surrounding Obama’s citizenship have moved her to get involved in politics for the first time in her life. “I’m not asking electors to overturn their vote, but really to, before we vote, to make absolutely sure,” she says. She says she has contacted most of North Carolina’s 15 electors. “This is not being a sore loser or racist. This is just about ensuring that our leader is being truthful about who he is.” Presidential historian Perry Leavell says: “Human beings will always go for myth because it’s compelling, dramatic, and, if it were true, it would be able to change history. You can go back into the history of the American presidency and find over and over again people… who are prepared to believe the exact opposite of what all the data would say.” Constitutional law binds state electors to cast their votes for the candidate who won their state. [Christian Science Monitor, 11/26/2008] The Electoral College will vote for Obama as president. [WRAL-TV, 12/15/2008]

Entity Tags: Wayne Abraham, Christian Science Monitor, Barack Obama, Alan Keyes, Elaine Marshall, Philip J. Berg, Melanie Siewert, Peter Spiro, Perry Leavell, US Electoral College

Timeline Tags: Domestic Propaganda, 2008 Elections

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

Five Algerian detainees are released from Guantanamo after seven years’ imprisonment without charges ever being formally filed against them. They are released after a Supreme Court ruling ordered them granted habeas corpus rights in US courts (see June 22, 2008), and after a federal judge orders their detention to end (see November 20, 2008). The five tell reporters that their time in Guantanamo was hellish. “Nobody can imagine how horrible it was. Even the devil couldn’t have created such a bad, bad place,” says one detainee, computer technician Mustafa Ait Idir. “I was questioned and beaten more than 500 times during those seven years. The guards used to come in groups of six or seven, always using a spray against us first, and then the beatings would start.” Idir says he saw doctors participate in the abuse of prisoners: “I once saw a doctor with a group of guards. The doctor pointed to different places on a body of a prisoner saying ‘hit him here.’ After the beating, there were no visible marks on the body but that man was in such pain he couldn’t move.” Lawyer Stephen Oleskey says his client, Lakhdar Boumediene, had been force-fed through a nasal tube after he went on a seven-month hunger strike. “Twice a day he is strapped onto a chair at seven points,” says Oleskey of his client’s ordeal. “One side of his nose is broken, so they put it [the tube] in the other side… Sometimes it goes to his lung instead of his stomach. He can’t say anything because he has the mask on: that’s torture.” Idir recalls being confined in bare cells, often in complete darkness, others with powerful lights that prevented him from sleeping. [Agence France-Presse, 1/22/2009]

Entity Tags: US Supreme Court, Lakhdar Boumediene, Stephen Oleskey, Mustafa Ait Idir

Timeline Tags: Torture of US Captives

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” [Time, 12/2/2008]
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” [Fox News, 12/3/2008]
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. [MSNBC, 12/4/2008]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Timeline Tags: Torture of US Captives

A portion of the advertisement that runs in the Chicago Tribune.A portion of the advertisement that runs in the Chicago Tribune. [Source: We the People (.org)]Robert L. Schulz, a wealthy anti-tax activist from upstate New York and the chairman of the We the People Foundation, takes out the second of two ads in the Chicago Tribune questioning whether President Barack Obama is a “natural born citizen” and thusly eligible to be president. Schulz confirms that his non-profit foundation spent “tens of thousands of dollars” on the ads. The ads echo long-debunked claims that Obama’s Hawaiian birth certificate (see June 13, 2008) is fraudulent (see July 20, 2008, August 15, 2008, October 8-10, 2008, October 16, 2008 and After, and November 10, 2008). Cases challenging Obama’s citizenship have been thrown out of numerous state courts (see March 14 - July 24, 2008, August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008), and the State of Hawaii has vouched for the authenticity of the Obama birth certificate, which by state law is locked in a state government vault with all other such “long form birth certificates” issued by Hawaiian officials (see July 1, 2009). Schulz’s ad raises the following claims:
bullet The birth form released by Obama was “an unsigned, forged, and thoroughly discredited” live birth form, Schulz says. Digital and real copies of Obama’s birth certificate have been examined by experts, including members of the Annenberg Public Policy Center of the University of Pennsylvania, and pronounced real (see August 21, 2008).
bullet According to Schulz, “Hawaiian officials will not confirm” that Obama was born in their state. Hawaiian officials initially did resist releasing a copy of the certificate, citing state privacy laws. However, Hawaii’s health director and head of vital statistics reviewed Obama’s birth certificate in the department’s vault and vouched for its authenticity (see October 30, 2008).
bullet Schulz says that legal affidavits state Obama was born in Kenya. Those affidavits were filed by challengers to Obama’s citizenship, and those challenges have been dismissed by a variety of courts (see August 21-24, 2008, October 9-28, 2008, October 17-22, 2008, October 21, 2008, October 31 - November 3, 2008, October 24, 2008, October 31, 2008 and After, November 12, 2008 and After, November 13, 2008, and Around November 26, 2008).
bullet Obama’s paternal grandmother is recorded on tape saying she attended Obama’s birth in Kenya, Schulz says. Schulz is referring to claims by street preacher Ron McRae who interviewed the second wife of Obama’s grandfather, Sarah Obama, via long-distance telephone (see October 16, 2008 and After). The audiotape clearly shows that the assembled Obama relatives, and the translator who spoke to McRae, repeatedly stated that Obama was born in Hawaii.
bullet Schulz says that “US law in effect in 1961 [the year of Obama’s birth] denied citizenship to any child born in Kenya if the father was Kenyan and the mother was not yet 19 years of age.” Schulz is incorrect. US law states that any child born in the US is a legitimate citizen regardless of his parents’ nationalities and/or citizenships. Obama’s father had dual Kenyan/British citizenship, and his mother was a US citizen. Had Obama been born outside of US territory and his mother Ann Dunham been under 19 years of age, which she was, Obama would indeed not have been a citizen at the time of his birth, though the provisions of this law were subsequently loosened and made retroactive for government employees serving abroad and their families. The point is moot, because Obama was born in a hospital in Honolulu.
bullet Schulz says that in 1965, Obama’s mother relinquished whatever Kenyan or US citizenship she and Obama had by marrying an Indonesian and becoming a naturalized Indonesian citizen. Schulz has produced no evidence to back this claim; Dunham did not file any of the documentation required to renounce one’s US citizenship, and even so, would not have jeopardized Obama’s citizenship in doing so. Obama and his mother moved to Indonesia in 1968, and returned to Hawaii while Obama was still in grade school. Schulz provides a reproduced Indonesian school document that states Obama’s citizenship at the time as “Indonesian,” but the same document lists Obama’s birthplace as “Honolulu, Hawaii.” [Chicago Tribune, 12/3/2008]
Schulz claims his challenges to Obama are not motivated by political partisanship. “We never get involved in politics,” he says of We The People. “We avoid it like the plague.” However, Schulz has done battle with local and state authorities for years; in 2007, a federal judge ordered him to shutter his Web site because he and his organization were, in the words of the Justice Department’s tax division, using the site to promote “a nationwide tax-fraud scheme.” Schulz now says he is being targeted by government operatives who are attempting to silence him. He says his group attempted to buy a similar ad in USA Today, but could not afford the cost. [Chicago Tribune, 12/3/2008; Salon, 12/5/2008]

Entity Tags: Barack Obama, Robert L. Schulz, FactCheck (.org), Chicago Tribune, We the People Foundation, Ann Dunham, Sarah Obama, Ron McRae

Timeline Tags: Domestic Propaganda, 2008 Elections

The Malaysian government releases alleged al-Qaeda operative Yazid Sufaat. Malaysian Interior Minister Datuk Seri Syed Hamid Albar announces that Sufaat and five other detained Islamist militants are being freed because “they are no longer a threat and will no longer pose a threat to public order.” Albar adds that Sufaat “has been rehabilitated and can return to society.” Sufaat was arrested in Malaysia in December 2001 (see December 19, 2001). However, he was never tried or even charged. Malaysian law allows suspects to be held for up to two years without charge, and the two year period can be renewed multiple times. But apparently the Malaysian government decided to release him rather than put him on trial or hold him another two years.
Sufaat's History - Sufaat, a Malaysian, received a biological sciences degree in the US in the 1980s. There are allegations that he led al-Qaeda’s effort to get biological and chemical weapons until his arrest (see December 19, 2001). An important al-Qaeda summit was held in his apartment in January 2000; at least two 9/11 hijackers attended (see January 5-8, 2000). Later in 2000, Sufaat hosted al-Qaeda operative Zacarias Moussaoui, and he provided papers that helped Moussaoui get in the US (see September-October 2000).
Concern about Sufaat's Release - Sufaat is supposed to be kept under close observation. However, Newsweek reports that US counterterrorism officials have “expressed doubt that Sufaat has abandoned his radical al-Qaeda views or his desire to attack the United States with biological weapons.” One unnamed official says, “This individual is considered dangerous.” [Newsweek, 12/16/2008]

Entity Tags: Yazid Sufaat, Datuk Seri Syed Hamid Albar, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline

In a speech at the Saban Center for Middle East Policy in Washington, outgoing President Bush discusses his decision to invade Iraq. “It is true, as I have said many times, that Saddam Hussein was not connected to the 9/11 attacks,” he says. “But the decision to remove Saddam from power cannot be viewed in isolation from 9/11. In a world where terrorists armed with box cutters had just killed nearly 3,000 people, America had to decide whether we could tolerate a sworn enemy that acted belligerently, that supported terror, and that intelligence agencies around the world believed had weapons of mass destruction. It was clear to me, to members of both political parties, and to many leaders around the world that after 9/11, this was a risk we could not afford to take. So we went back to the UN Security Council, which unanimously passed Resolution 1441 calling on Saddam Hussein to disclose, disarm, or face serious consequences (see November 8, 2002). With this resolution, we offered Saddam Hussein a final chance to comply with the demands of the world. When he refused to resolve the issue peacefully, we acted with a coalition of nations to protect our people and liberated 25 million Iraqis.” Amanda Terkel, a writer for the liberal website Think Progress, notes that all of Bush’s acknowledgments that Iraq had no connections to 9/11 came after the war began; in the months prior to the invasion, Bush and his top officials strove to create the impression that Hussein had close links to al-Qaeda and the 9/11 planners (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). Terkel writes, “Bush still embraces his pre-war lies, as he admitted in his Saban address today, because without them, the public wouldn’t have supported his case for war.” [USA Today, 12/5/2008; Think Progress, 12/5/2008]

Entity Tags: George W. Bush, Amanda Terkel

Timeline Tags: Events Leading to Iraq Invasion

It is reported that the US is attempting to place former ISI Director Hamid Gul on a United Nations Security Council list of people and organizations that assist al-Qaeda and/or the Taliban. Additionally, the US is trying to add four other former ISI officials to the list. If a person is added to the list, all UN countries are supposed to freeze the person’s assets and deny them visas. However, all 15 Security Council members must sign off on additions to the list, including permanent member China. In the past, China has not always signed off on additions that the Pakistani government does not want on the list, due to China’s close ties to Pakistan. There is no indication that Gul or any of the others have actually been added to the list. [Reuters, 12/7/2008; Hindu, 12/9/2008]
Charges against Gul - A document listing the charges against Gul is leaked to some Pakistani newspapers. He is accused of helping to relocate al-Qaeda fighters from Iraq to Pakistan’s tribal region earlier in the year, providing financial and military support to the Taliban, and helping to recruit fighters to attack US forces in Afghanistan. It is also claimed he is in contact with Baitullah Mahsud, leader of Tehrik-i-Taliban (the Pakistani Taliban). [Reuters, 12/7/2008] Gul strongly denies the allegations. He was head of the ISI from 1987 to 1989 (see April 1987). Since then, he has maintained a high public profile in Pakistan, generally speaking in support of Islamist militant groups, and even defending Osama bin Laden on occasion. According to the Washington Post, both Indian and US officials say that Gul has maintained particularly close ties to the Pakistani militant group Lashkar-e-Toiba, and he is believed to have played an advisory role in several of that group’s recent attacks. [Washington Post, 12/9/2008] The names of the other four ex-ISI officials the US wants to add to the UN list have not been made public. However, ex-ISI official Khalid Khawaja says he suspects he is one of the other names. “I openly say I have links” to the Taliban and other militants, Khawaja says, but he denies there is anything illegal about his activities. [Reuters, 12/7/2008] The US could also place Gul on its own terrorist blacklist, but if it has done so, it has not made this public.

Entity Tags: Khalid Khawaja, Al-Qaeda, Baitullah Mahsud, United Nations Security Council, Hamid Gul, Lashkar-e-Toiba, Taliban, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

Five high-value detainees being held at Guantanamo tell a military tribunal they wish to plead guilty to charges related to the 9/11 attacks, but refuse to enter a guilty plea at this time. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM); Ramzi bin al-Shibh, who helped coordinate the attacks; Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia; and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The plea is not entered at this time, because it is not yet certain bin al-Shibh and al-Hawsawi are mentally competent to stand trial, and KSM says they all want to plead together. The judge, Colonel Stephen Henley, has already ordered a probe into the two men’s mental competence. The five say that they made their decision “without being under any kind of pressure, threat, intimidations, or promise from any party,” although an investigation of potential pressure would have to be conducted before such plea could be accepted. If convicted, the five men would face the death penalty, although four of them, including KSM, have declared a desire to become martyrs. KSM also says he wants to get rid of his military lawyer, who previously served in Iraq. For the first time, the hearing is watched live in the courtroom by nine relatives of people killed in the 9/11 attacks. [BBC, 12/8/2008]

Entity Tags: Khallad bin Attash, Stephen Henley, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Ramzi bin al-Shibh

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

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives

In a Newsweek interview, Pakistani President Asif Ali Zardari calls former ISI Director Hamid Gul a “political ideologue of terror.” He is asked about reports that US Secretary of State Condoleezza Rice asked him to arrest Gul, due to Gul’s alleged links to the Taliban and al-Qaeda. Zardari replies: “Hamid Gul is an actor who is definitely not in our good books. Hamid Gul is somebody who was never appreciated by our government. She [Rice] did not go into specifics, if I may share that with you.… He has not been accused in the Mumbai incident.… I think he is more of a political ideologue of terror rather than a physical supporter.” Zardari also strongly denies that the ISI, Pakistan’s intelligence agency, had any role in the bombing of the Indian embassy in Kabul, Afghanistan (see July 7, 2008). [Newsweek, 12/12/2008] In fact, Gul has been accused in regards to the “Mumbai incident,” which is a reference to the November 2008 attacks in Mumbai, India. Several days prior to Zardari’s interview, it was reported that India is seeking Gul’s arrest for a role in that attack along with that of some other Pakistanis. The Pakistani militant group Lashkar-e-Toiba has been accused of having a role in the attack, and Gul is widely seen as a frequent adviser to this group. Gul denies any link to the attack, or any other attack. Also several days before Zardari’s interview, it was reported the US is attempting to add Gul’s name to a terrorist watchlist for actual roles in attacks and not just being a “political ideologue of terror” (see December 7, 2008). [Washington Post, 12/9/2008] In 2010, it will be reported that Gul has been linked to many recent militant attacks (see July 26, 2010).

Entity Tags: Asif Ali Zardari, Hamid Gul, Lashkar-e-Toiba, Condoleezza Rice, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” [ABC News, 12/15/2008; ABC News, 12/15/2008] In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” [Vanity Fair, 12/16/2008] On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” [New York Times, 4/22/2008]

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Timeline Tags: Torture of US Captives

Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) [Newsweek, 12/22/2008]

Entity Tags: Michael Isikoff, Bush administration (43), Barack Obama, Asa Hutchinson, ’Stellar Wind’, Eric Holder, Eric Lichtblau, Newsweek, US Department of Justice, Federal Bureau of Investigation, Thomas Tamm, George W. Bush

Timeline Tags: Civil Liberties

The CIA rehires a former officer who previously threatened al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill during interrogations (see Between December 28, 2002 and January 1, 2003 and Late December 2002 or Early January 2003). The officer, a former FBI translator known as “Albert,” is to train other CIA officers at a facility in northern Virginia to handle different scenarios they might face in the field. He continues with the training until 2008 at the latest. However, according to an anonymous US official, he will still be working as an intelligence contractor in 2010. Albert’s rehiring will be revealed by the Associated Press in September 2010. According to the Associated Press, human rights critics say Albert’s return as a contractor raises questions about how the intelligence community deals with those who used unauthorized interrogation methods. “The notion that an individual involved in one of the more notorious episodes of the CIA’s interrogation program is still employed directly or indirectly by the US government is scandalous,” Ben Wizner, an attorney with the American Civil Liberties Union, will comment. [Associated Press, 9/7/2010]

Entity Tags: Central Intelligence Agency, American Civil Liberties Union, “Albert”, Ben Wizner

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

A CIA drone strike kills two al-Qaeda leaders, Usama al-Kini and Sheikh Ahmed Salim Swedan, in Pakistan’s tribal region. Al-Kini, a Kenyan also known as Fahid Muhammad Ally Msalam, is said to be al-Qaeda’s chief of operations in Pakistan since 2007. Swedan, also a Kenyan, is al-Kini’s long-time deputy. Both men are said to be linked to a recent series of suicide bombings in Pakistan, including a September 16 bombing of the Marriott Hotel in Islamabad that killed 53 people. Both are said to have had central roles in planning the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The FBI had a $5 million bounty for their capture. An anonymous US counterterrorism official says that al-Kini is one of the top 10 highest ranking terrorists the CIA ever killed or captured. The drone strike is said to have hit a building being used for explosives training near the town of Karikot in South Waziristan. [Washington Post, 1/9/2009]

Entity Tags: Al-Qaeda, Usama al-Kini, Sheikh Ahmed Salim Swedan, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

Newsweek publishes a range of responses to its article about Justice Department whistleblower Thomas Tamm (see December 22, 2008), who alerted the New York Times to the Bush administration’s illegal domestic wiretapping program “Stellar Wind” (see Spring 2004 and December 15, 2005). Most are extremely supportive of Tamm; Newsweek writes, “Nearly all labeled Tamm a hero.” One reader wonders why “few in the Justice Department were as troubled as Tamm about the illegality of the secret domestic wiretapping program or had the courage of his convictions.” Another notes, “Whistle-blowers like him are heroes because they are protecting ‘We the people.’” A Milwaukee reader, Harvey Jay Goldstein, suggests that President-elect Obama honor Tamm’s courage and service by “issuing him a pardon” and then “seek indictments against those involved in authorizing and carrying out the illegal program, including President Bush and Vice President Cheney.” The reader is “appalled” that Tamm “is being harassed and persecuted by the FBI (see August 1, 2007) for his part in disclosing the coverup of a program that originated in the Oval Office.” He calls Tamm “a national hero who had the guts to do what he thought was right and wasn’t intimidated by the power of the presidency.” Goldstein accuses Bush and Cheney of “undermining and circumventing the protections of the First and Fourth amendments [in what] are perhaps the most egregious attempts to consolidate absolute power within the executive branch since the dark days of Richard Nixon.” Illinois reader Leonard Kliff, a World War II veteran, writes: “It is disgusting that this man is on the run when he should be receiving a medal for his actions. I am sure the majority of Americans fully support him.” The Reverend Joseph Clark of Maryland calls Tamm “a common man doing his job—upholding the Constitution of the United States and the rule of law.… Thank God for people like Thomas Tamm who spoke when no one else was finding a voice.… This nation is made up of people like Tamm, and that is our strength.” And a former schoolmate of Tamm’s, Peter Craig, writes: “No one who attended Landon School in Bethesda, Md., in the late 1960s, as I did, will be at all surprised to learn that Tom Tamm ended up risking it all to do the right thing. In his senior year, for instance, Tom, then the president of the student council, decided to turn himself in to the rest of the council for some minor infraction unknown to anyone else (and ultimately warranting no punishment). It showed the same character and a burgeoning morality that years later would compel him to do what he did.” Only one published letter, from Bob Spickelmier, expresses the view that Tamm should go to jail for his actions. [Newsweek, 1/10/2009]

Entity Tags: Thomas Tamm, Bob Spickelmier, ’Stellar Wind’, Bush administration (43), Newsweek, Harvey Jay Goldstein, Leonard Kliff, US Department of Justice, Peter Craig, Joseph Clark

Timeline Tags: Civil Liberties

Former military prosecutor Lieutenant Colonel Darrel Vandeveld, who resigned his post in protest over the unwarranted prosecution of detainee Mohammed Jawad (see January 18, 2009), joins the American Civil Liberties Union (ACLU)‘s lawsuit on behalf of Jawad. The ACLU is demanding that Jawad be granted the right of habeas corpus and, ultimately, his release. Jawad has been held without trial for over six years, and, according to Vandeveld and the ACLU, no credible evidence of his probable guilt exists. Evidence does exist that Jawad was tortured while in US custody. In a brief filed with the court, Vandeveld writes, “[T]here is no credible evidence or legal basis to justify Mr. Jawad’s detention in US custody or his prosecution by military commission.” There is, however, “reliable evidence that [Jawad] was badly mistreated by US authorities both in Afghanistan and at Guantanamo.” Jawad was originally charged with throwing a hand grenade at US soldiers. Vandeveld writes that the evidence indicates Jawad, who was 16 when he was captured, never participated in any such attack, and was lured into joining an Afghan insurgent group by the promise of a well-paying job, and was drugged and lied to by the insurgents. What evidence does exist against Jawad is mostly exculpatory, Vandeveld writes, and all the evidence is scattered haphazardly throughout the Guantanamo facility. Some was found in a locker, and other documents have been lost. Thus, the US’s case against Jawad is unacceptably weak, Vandeveld contends. [Charlotte Examiner, 1/13/2009]
Jawad 'No Threat' - In defending Jawad, Vandeveld writes: “Had I returned to Afghanistan or Iraq, and had I encountered Mohammed Jawad in either of those hostile lands, where two of my friends have been killed in action and one of my very best friends in the world had been terribly wounded, I have no doubt at all—none—that Mr. Jawad would pose no threat whatsoever to me, his former prosecutor and now-repentant persecuter. Six years is long enough for a boy of 16 to serve in virtual solitary confinement, in a distant land, for reasons he may never fully understand.” [Salon, 1/21/2009]
Torture 'Miserably Common for Detainees in US Custody' - Salon’s Glenn Greenwald will write in support of Jawad and Vandeveld: “Jawad was never waterboarded, but no civilized human being would deny that the cumulative effect of his treatment at the hands of our country is torture in every sense of the word. And there’s nothing unique about his treatment. It wasn’t aberrational. Rather, it has been miserably common for detainees in US custody—not only at Guantanamo, but also in Bagram and throughout Iraq.” [Salon, 1/21/2009]

Entity Tags: Darrel Vandeveld, Bush administration (43), Glenn Greenwald, Mohammed Jawad, American Civil Liberties Union

Timeline Tags: Torture of US Captives

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

Eric Holder.Eric Holder. [Source: New York Times]Incoming Attorney General Eric Holder says the Justice Department will defend the US’s warrantless eavesdropping program (see Spring 2004 and December 15, 2005) in court, based on Congress’s passage of legislation immunizing US telecommunications companies from lawsuits challenging their participation in the government spy program (see January 5, 2009). Holder makes this statement during Senate hearings to confirm his selection as attorney general. “The duty of the Justice Department is to defend statutes that have been passed by Congress,” Holder says. “Unless there are compelling reasons, I don’t think we would reverse course.” President-elect Obama, while a senator, opposed granting immunity to the telecommunications firms, but voted for immunity because it was included in a broader surveillance bill that gave the Bush administration broad new powers to eavesdrop on Americans without warrants. [Wired News, 1/15/2009]

Entity Tags: Barack Obama, US Department of Justice, Eric Holder, Bush administration (43)

Timeline Tags: Civil Liberties

Conservative talk show host Rush Limbaugh has already launched attacks on President-elect Barack Obama, including attempting to blame him for the global recession even though he has not yet taken office (see November 5-12, 2008). Today he tells his listeners that he hopes Obama’s administration is a failure. (Limbaugh’s words are publicly reported by the liberal organization ThinkProgress; his remarks are carried on his Web site, but are accessible only to those who pay for access.) Limbaugh says, “I disagree fervently with the people on our [Republican] side of the aisle who have caved and who say, ‘Well, I hope he succeeds.’” Limbaugh says “a major American print publication” has asked him to write a brief statement on his “hope for the Obama presidency.” Limbaugh’s response: “So I’m thinking of replying to the guy, ‘Okay, I’ll send you a response, but I don’t need 400 words, I need four: I hope he fails.” When Limbaugh is interrupted by someone in the studio laughing, he continues: “What are you laughing at? See, here’s the point. Everybody thinks it’s outrageous to say. Look, even my staff, ‘Oh, you can’t do that.’ Why not? Why is it any different, what’s new, what is unfair about my saying I hope liberalism fails? Liberalism is our problem. Liberalism is what’s gotten us dangerously close to the precipice here. Why do I want more of it? I don’t care what the Drive-By story is. [Limbaugh often refers to the mainstream media as the ‘drive-by media.’] I would be honored if the Drive-By Media headlined me all day long: ‘Limbaugh: I Hope Obama Fails.’ Somebody’s gotta say it.” [Think Progress, 1/20/2009]

Entity Tags: Rush Limbaugh, Barack Obama

Timeline Tags: Domestic Propaganda, 2010 Elections

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Timeline Tags: Torture of US Captives

As one of its last official acts, the Bush administration asks federal judge Vaughn Walker to stay his ruling that keeps alive a lawsuit testing whether a sitting president can bypass Congress and eavesdrop on Americans without warrants. The request, filed at 10:56 p.m. on President Bush’s last full day in office, asks Walker to stay his ruling and allow the federal government to appeal his ruling that allows the al-Haramain lawsuit to proceed (see February 28, 2006). The warrantless wiretapping alleged in the lawsuit took place in 2004, well before Congress’s 2008 authorization of the government’s spy program. The Obama administration’s incoming Attorney General, Eric Holder, says the Justice Department will defend the spy program because Congress made it legal (see January 15, 2009). It is not clear whether the Justice Department under Holder will continue to fight the Al Haramain lawsuit. The Bush administration wants Walker to reverse his decision to let plaintiffs’ lawyers Wendell Belew and Asim Ghafoo use a Top Secret document that was accidentally disclosed to them in 2004 (see January 5, 2009); that document, which allegedly proves the warrantless and illegal nature of the wiretapping performed against the Al Haramain charity, is at the center of the lawsuit. Previous rulings disallowed the use of the document and forced the defense lawyers to return it to the government, but Walker ruled that other evidence supported the claim of warrantless wiretapping, and therefore the document could be used. In its request for a stay, the Bush administration asserts that allowing the document to be used in the lawsuit would jeopardize national security, and that the document is protected under the state secrets privilege (see March 9, 1953). Administration lawyers say that Walker should not be allowed to see the document, much less the defense lawyers. “If the court were to find… that none of the plaintiffs are aggrieved parties, the case obviously could not proceed, but such a holding would reveal to plaintiffs and the public at large information that is protected by the state secrets privilege—namely, that certain individuals were not subject to alleged surveillance,” the administration writes in its request. If the lawsuit continues, the government says, that decision “would confirm that a plaintiff was subject to surveillance” and therefore should not be allowed: “Indeed, if the actual facts were that just one of the plaintiffs had been subject to alleged surveillance, any such differentiation likewise could not be disclosed because it would inherently reveal intelligence information as to who was and was not a subject of interest, which communications were and were not of intelligence interest, and which modes of communication were and were not of intelligence interest, and which modes of communication may or may not have been subject to surveillance.” Jon Eisenberg, the lawyer for Belew and Ghafoo, says: “We filed this lawsuit to establish a judicial precedent that the president cannot disregard Congress in the name of national security. Plaintiffs have a right to litigate the legality of the surveillance.” [Wired News, 1/20/2009]

Entity Tags: Jon Eisenberg, Asim Ghafoo, Al Haramain Islamic Foundation, Bush administration (43), Obama administration, Eric Holder, Wendell Belew, Vaughn Walker, US Department of Justice, George W. Bush

Timeline Tags: Civil Liberties

Constitutional lawyer and author Bruce Fein, a former official in the Justice Department under Ronald Reagan, writes that if President Obama wants to “restore the rule of law and to prevent future wrongdoing by high-level government officials,” he “should investigate, among others, former President George W. Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Attorney General John Ashcroft, former White House counsel and Attorney General Alberto Gonzales, and former White House political adviser Karl Rove. The crimes to be investigated should include complicity in torture, illegal surveillance, illegal detention, perjury, obstruction of justice, and contempt of Congress. Prosecutions should follow if the evidence convinces a grand jury to indict.” Fein states that “[t]he best way to deter government criminality and to teach citizens the rule of law is to punish the perpetrators who are unanimously found guilty beyond a reasonable doubt by independent and impartial jurors.”
FBI, CIA Feared Prosecution for Torture - He notes that the FBI refused to participate in “enhanced interrogation techniques,” including waterboarding, for fear of being charged with war crimes. And the CIA required specific legal opinions from the Bush Justice Department—the so-called “golden shield” (see August 1, 2002)—and specific presidential authorization before it would allow its agents to torture detainees. And the White House ordered an end to waterboarding after it was warned that such tactics left its officials open to charges of torture and war crimes.
Attorney General Feared Prosecution under FISA - He goes on to note that Justice Department officials such as acting Attorney General James Comey “balked at approving… Bush’s warrantless surveillance program without modification in March 2004 probably because he feared criminal prosecution under the Foreign Intelligence Surveillance Act” (see 1978).
'Unpunished Lawlessness by Government Officials Invites Lawlessness Generally' - Fein asserts that “unpunished lawlessness by government officials invites lawlessness generally.” He quotes former Supreme Court Justice Louis Brandeis: “Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” The best way to deter criminal behavior, he says, is to prosecute alleged criminals, and that process must start with government officials. [Washington Times, 1/20/2009]

Entity Tags: Bruce Fein

Timeline Tags: Civil Liberties

Former Deputy Secretary of State Richard Armitage, asked if waterboarding is torture, replies, “Absolutely.” Armitage’s interview is broadcast as part of the WNET documentary Torturing Democracy. Armitage, who graduated from the US Naval Academy in 1967 and served in Vietnam, was waterboarded as part of his Survival, Evasion, Resistance, and Escape (SERE) training, which was later used as a platform for developing the Bush administration’s torture policies (see December 2001 and January 2002 and After). He describes his own waterboarding, with physical gestures: “I was put on an incline. My legs were like that and my back went down. I can’t remember if it was a wet T-shirt or a wet towel was put over my nose and mouth, and it was completely soaked. But I could still breathe. And then a question would be asked and I would not answer, and water would slowly be poured in this. And the next time I took a breath, I’d be drawing in water, whether I took it from my mouth or my nose. For me, it was simply a feeling of helplessness.” The interviewer observes: “I’ve talked to a former SERE instructor who was also waterboarded, and he said there’s nothing simulated about it. You think you are drowning.” Armitage replies: “Except in the case that I did realize I was in Northern California, and I did realize the people doing this were actually on my side. But the sensation to me was one of total helplessness, and I’ve had a lot of sensations in my life, but helplessness was not generally one of them. But the sensation was enormously unpleasant and frightening to me.” Would he describe it as torture? Armitage is asked. “Absolutely,” he responds. “No question.” The interviewer then asks, “So how do you explain the recent indecision over whether or not waterboarding is torture?” Armitage responds: “I cannot believe that my nation is having a discussion on what is torture. There is no question in my mind—there’s no question in any reasonable human being, there shouldn’t be, that this is torture. I’m ashamed that we’re even having this discussion.” Armitage says the State Department was deliberately left out of the Bush administration discussions of torture, “I think precisely because we’d have no part of it.” As for the discussions among White House and Justice Department officials over what did and did not constitute torture, Armitage says: “Well, if you were twisting yourselves into knots because you’re fearful that you may be avoiding some war crimes, then you’re probably tripping too closely to the edge. The fact that you want to have a discussion about how to avoid being accused of war crimes would indicate that you’re pretty close to the edge to me.” [National Security Archives, 1/21/2009]

Entity Tags: US Department of State, Bush administration (43), US Department of Justice, Richard Armitage

Timeline Tags: Torture of US Captives

David Kris.David Kris. [Source: Brookings Institution]President Obama picks as his nominee to lead the Justice Department’s National Security Division an outspoken critic of the Bush administration’s legal justifications for warrantless wiretapping. David Kris served as a senior Justice Department official in both the Clinton and Bush administrations before accepting a position at Georgetown University’s law school, and is considered an expert on intelligence law. After the New York Times revealed the Bush administration’s warrantless wiretapping program (see December 15, 2005), Kris wrote a 25-page legal analysis describing the rationale for the program as “weak” and probably invalid. When he was at the Justice Department, Kris advised his then-boss, Deputy Attorney General Larry Thompson, not to sign a batch of wiretapping warrants—results of the warrantless wiretap program—because intelligence officials would not reveal how the information in the wiretaps was obtained. If confirmed by the Senate, Kris will not only oversee intelligence and national security law, but may be responsible for the dispensation of the detainees in the Guantanamo prison camp (see January 22, 2009). [New York Times, 1/22/2009]

Entity Tags: US Department of Justice, Barack Obama, Bush administration (43), David Kris, New York Times

Timeline Tags: Civil Liberties

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

Media critic and columnist George Neumayr writes that the Democrats’ economic stimulus plan will include enforced abortions and euthanasia for less productive citizens. Neumayr calls this claim a once “astonishingly chilly and incomprehensible stretch [that] is now blandly stated liberal policy,” basing it on the Democrats’ plan to provide money to the states for “family planning.” Neumayr equates the funding, which would go for such initiatives as teaching teenagers about the use of condoms and measures to avoid sexually transmitted diseases, to the famous Jonathan Swift essay of 1729, “A Modest Proposal,” which satirically suggested that impoverished Irish families might sell their children to rich Englishmen for food. “Change a few of the words and it could be a Democratic Party policy paper,” Neumayr writes. “Swift suggested that 18th-century Ireland stimulate its economy by turning children into food for the wealthy. [House Speaker Nancy] Pelosi [D-CA] proposes stimulating the US economy by eliminating them. Other slumping countries, such as Russia and France, pay parents to have children; it looks like Obama’s America will pay parents to contracept or kill them. Perhaps the Freedom of Choice Act can also fall under the Pelosi ‘stimulus’ rationale. Why not? An America of shovels and scalpels will barrel into the future. Euthanasia is another shovel-ready job for Pelosi to assign to the states. Reducing health care costs under Obama’s plan, after all, counts as economic stimulus too. Controlling life, controlling death, controlling costs. It’s all stimulus in the Brave New World utopia to come.” Like a Washington Times editorial from months earlier (see November 23, 2008), Neumayr uses the term “final solution” for the Democrats’ economic proposal, the term for the Nazis’ World War II-era extermination of millions of Jews and other “undesirables.” He writes: “‘Unwanted’ children are immediately seen as an unspeakable burden. Pregnancy is a punishment, and fertility is little more than a disease. Pelosi’s gaffe illustrates the extent to which eugenics and economics merge in the liberal utilitarian mind.” “Malthus lives,” he says, referring to the 19th century scholar Thomas Robert Malthus, whose theories of ruthless natural selection predated Charles Darwin’s theories of evolution. Neumayr goes on to accuse “Hillary Clinton’s State Department” of preparing to set up programs of “people-elimination,” predicated on what he calls “UN-style population control ideology” and “third-world abortions.” [American Spectator, 1/27/2009]

Entity Tags: US Department of State, George Neumayr, Barack Obama, Hillary Clinton, Nancy Pelosi, Charles Darwin

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

Military judge Colonel James Pohl denies the Obama administration’s request to suspend legal proceedings at Guantanamo Bay (see January 20, 2009) in the case of a detainee accused of planning the attack on the USS Cole (see October 12, 2000). Because of Pohl’s order, the Pentagon may be forced to temporarily withdraw charges against accused Cole plotter Abd al-Rahim al-Nashiri and perhaps 20 other detainees facing military trials, including 9/11 mastermind Khalid Shaikh Mohammed (see January 5-8, 2000 and November-December 2000).
White House Response - Obama officials are startled by Pohl’s order, as five other military judges have agreed to the government’s request. White House press secretary Robert Gibbs says, “We just learned of the ruling here… and we are consulting with the Pentagon and the Department of Justice to explore our options in that case.” Asked if the decision will hamper the administration’s ability to evaluate detainees’ cases, Gibbs replies, “Not at all.”
Judge: Government Arguments 'Unpersuasive' - Pohl says he finds the government’s arguments in favor of suspension “unpersuasive” and that the case will go forward because “the public interest in a speedy trial will be harmed by the delay in the arraignment.” The White House wants the delay in order to review the cases of the approximately 245 detainees at Guantanamo and decide the disposition of each case. Pohl says he is bound by the Military Commissions Act (see October 17, 2006), “which remains in effect.”
Reactions Mixed - Navy Commander Kirk Lippold, who commanded the Cole when it was attacked, says he is “delighted” with the ruling, and adds, “It proves the military commissions work without undue command influence, and this decision puts us back on track to see an accounting for al-Nashiri’s terrorist acts.” Human rights activists disagree, with many arguing that the charges against al-Nashiri and perhaps other detainees should be withdrawn in order to allow the option of preserving or reforming military commissions at a new location. “Given that the Guantanamo order was issued on day two of the new administration, the president was clearly trying to make the immediate decisions needed while giving himself the flexibility to deal with the rest down the road,” says Human Rights Watch official Jennifer Daskal. “That said, the only sure way to ensure that the commissions process is brought to a halt is to now withdraw the charges.”
Options for Proceeding - Susan Crawford, the Pentagon official who approves charges and refers cases to trial (see January 14, 2009), can withdraw charges “without prejudice,” which would allow for refiling at a later date, whether under a modified military commissions procedure or for a civilian or military court. Pentagon spokesman Geoff Morrell says, “And so while that executive order is in force and effect, trust me, there will be no proceedings continuing down at Gitmo with military commissions.” Al-Nashiri’s case is complicated by the fact that he is one of at least three detainees who were waterboarded by CIA interrogators (see May 2002-2003). [Washington Post, 1/30/2009]

Entity Tags: Susan Crawford, Abd al-Rahim al-Nashiri, Geoff Morrell, James L. Pohl, Jennifer Daskal, Khalid Shaikh Mohammed, Obama administration, US Department of Justice, Kirk Lippold, Robert Gibbs, US Department of Defense

Timeline Tags: Civil Liberties

Several Republican senators plan to visit the Guantanamo Bay detention facility and report their findings. They are expected to continue their calls for keeping Guantanamo open indefinitely. Senators Jim Inhofe (R-OK), David Vitter (R-LA), Pat Roberts (R-KS), Richard Burr (R-NC), and Mel Martinez (R-FL) decided to make the trip after President Obama issued an executive order mandating that the prison be closed within a year (see January 22, 2009). “I’ve always looked at [the prison] as being a real valuable asset,” says Inhofe. He admits he does not “have a solution to what we’re going to ultimately do” with the prisoners deemed most dangerous. “I’m not addressing that problem,” he says. Inhofe says Obama’s order to close the prison “failed to take into consideration the implications of closing [Guantanamo]—what happens to current detainees, what the military will do with detainees held in other military prisons around the world and what judicial process is going to be used.” Obama has asked for a “comprehensive interagency review” to settle those questions. [Daily Oklahoman, 1/30/2009; Bixby Bulletin, 1/30/2009] Burr says that he is “so far unconvinced that moving trained terrorists to the United States is in the best national security interests of our nation.” And Vitter notes that he is “very disappointed in President Obama’s decision to close the detention facility at Guantanamo.” He continues: “This facility should not be closed, and these individuals should not be released until we can determine the extent of their potential involvement in terrorist activities. And we most certainly should use every available measure to ensure that they do not make their way into the United States if in fact they are released.” [Bixby Bulletin, 1/30/2009]
Worry about Housing Detainees in US Prisons - Like Inhofe, Roberts is concerned that some Guantanamo inmates will be transferred into prisons in his home state. Kansas is the home of Fort Leavenworth, which houses a large Army prison. “I am especially concerned with ridiculous speculation that Ft. Leavenworth is equipped to handle these detainees, some of the most dangerous terrorists in the world,” he says. “I am convinced these terrorists cannot and will not be housed in Kansas.” [KansasCW, 1/30/2009]
Advocating Continued Detentions without Trials - In an interview with Fox News, Vitter goes further than his Senatorial colleagues, saying that he favors continuing to detain some suspects without trials. “We need the ability to deal with these folks adequately,” he says. “To me, that has to include the ability to detain some—without trial—to continue proper interrogation.… I’d like to have Gitmo stay open. But certainly, we need detention facilities where we can detain dangerous terrorists without trial, continue to interrogate them.” [Think Progress, 1/30/2009] Fellow Republican Senator Lindsey Graham (R-SC) has already made the same recommendation (see January 21, 2009).

Entity Tags: Richard Burr, Lindsey Graham, James M. Inhofe, David Vitter, Barack Obama, Mel Martinez, Pat Roberts

Timeline Tags: Torture of US Captives, Civil Liberties

Reflecting on the Bush administration’s decision to create “military commissions” to try terror suspects (see November 13, 2001), John Bellinger, the former legal adviser to the National Security Council during much of the Bush administration, says: “A small group of administration lawyers drafted the president’s military order establishing the military commissions, but without the knowledge of the rest of the government, including the national security adviser, me, the secretary of state, or even the CIA director. And even though many of the substantive problems with the military commissions as created by the original order have been resolved by Congress in response to the Supreme Court’s decision in the Hamdan case (see June 30, 2006), we have been suffering from this original process failure ever since.” [Vanity Fair, 2/2009]

Entity Tags: Condoleezza Rice, Bush administration (43), Colin Powell, US Supreme Court, George J. Tenet, National Security Council, John Bellinger

Timeline Tags: Civil Liberties

Attorney General-nominee Eric Holder says that if he is confirmed, he intends to review current litigation in which the Bush administration asserted the so-called “state secrets” privilege (see March 9, 1953), and that he intends to minimize the use of the privilege during his tenure. “I will review significant pending cases in which DOJ [the Justice Department] has invoked the state secrets privilege, and will work with leaders in other agencies and professionals at the Department of Justice to ensure that the United States invokes the state secrets privilege only in legally appropriate situations,” he writes in a response to pre-confirmation questions. (Shortly after Holder’s testimony, the Justice Department again asserts the “state secrets” privilege in a case involving a Guantanamo detainee—see February 9, 2009). Holder adds: “I firmly believe that transparency is a key to good government. Openness allows the public to have faith that its government obeys the law.” To a related question, he asserts his belief that the Office of Legal Counsel (OLC) must disclose as many of the opinions it generates as possible: “Once the new assistant attorney general in charge of the Office of Legal Counsel is confirmed, I plan to instruct that official to review the OLC’s policies relating to publication of its opinions with the [objective] of making its opinions available to the maximum extent consistent with sound practice and competing concerns.” [Federation of American Scientists, 2/2/2009; Senate Judiciary Committee, 2/2/2009] Weeks later, the Justice Department will release nine controversial OLC memos from the Bush administration (see March 2, 2009).

Entity Tags: Eric Holder, Bush administration (43), Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

PBS’s Nova series broadcasts “The Spy Factory,” an examination of the National Security Agency’s domestic surveillance program. The program is crafted by author and national security expert James Bamford with PBS producer Scott Willis. One portion of the broadcast shows a representation of the enormous data flow of Internet communications entering the US from Asia at Morro Bay, California, and then goes to a small AT&T facility in San Luis Obispo. “If you want to tap into international communications, it seems like the perfect place is San Luis Obispo,” Bamford narrates. “That’s where 80 percent of all communications from Asia enters the United States.” However, the NSA taps into the AT&T datastream much farther north, in AT&T’s Folsom Street facility in San Francisco (see October 2003 and Late 2003). According to former AT&T technician Mark Klein (see July 7, 2009 and May 2004), the NSA would have far more access to domestic communications by tapping into the dataflow at the San Francisco facility. He will later write, “This fact belies the government’s claims that they’re only looking at international communications.” [Klein, 2009, pp. 50-51; PBS, 2/3/2009]

Entity Tags: Mark Klein, AT&T, James Bamford, Public Broadcasting System, National Security Agency, Scott Willis

Timeline Tags: Civil Liberties

Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).

Entity Tags: Barack Obama, Al-Qaeda, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2010 Elections

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]

Entity Tags: Richard Burr, Barack Obama, James M. Inhofe, Satyam Khanna

Timeline Tags: Torture of US Captives, Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

A Justice Department official says that the Obama administration will continue to assert the so-called “state secrets privilege” (see March 9, 1953) in a lawsuit filed by Guantanamo detainee Binyam Mohamed (see February 8, 2009). In the case Mohamed et al v Jeppesen Dataplan, Inc, Mohamed and four former detainees are suing a Boeing subsidiary, Jeppesen Dataplan, for cooperating with the CIA in subjecting them to “extraordinary rendition,” flying them to foreign countries and secret overseas CIA prisons where, they say, they were tortured. The case was thrown out a year ago, but the American Civil Liberties Union (ACLU) has appealed it. According to a source inside the Ninth US District Court, a Justice Department lawyer tells the presiding judge that its position has not changed, that the new administration stands behind arguments that the previous administration made, with no ambiguity at all. The lawyer says the entire subject matter remains a state secret. According to Justice Department spokesman Matt Miller, “It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court’s decision in Reynolds that the privilege not ‘be lightly invoked.’” Miller adds that Attorney General Eric Holder is conducting a review of all state secret privilege matters. “The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations,” Miller says. “It is vital that we protect information that, if released, could jeopardize national security. The Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations.” The ACLU’s Anthony Romero says that the Obama administration is doing little besides offering “more of the same.” He continues: “Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition, and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.” ACLU attorney Ben Wizner, who argued the case for Mohamed and the other plaintiffs, adds: “We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration’s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government’s false claims of state secrets and allowing the victims of torture and rendition their day in court.” [ABC News, 2/9/2009]

Entity Tags: Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Ben Wizner, US Department of Justice, Obama administration, Eric Holder, Central Intelligence Agency, Matthew Miller, Jeppesen Dataplan

Timeline Tags: Civil Liberties

A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. [Bangor Daily News, 2/10/2009; Raw Story, 3/9/2009] Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. [Time, 9/30/2010]
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” [Time, 9/30/2010]

Entity Tags: Washington Regional Threat and Analysis Center, US Department of Homeland Security, Michael McFadden, Jose Padilla, Amber Cummings, Federal Bureau of Investigation, James G. Cummings, Richard C. Reid, WikiLeaks

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

The Washington Times spins off a recent op-ed by health industry lobbyist Betsy McCaughey (see February 9, 2009) to claim that the Obama administration will attempt to save money by euthanizing old people, disabled people, and sickly infants. The editorial begins with the “chilling” idea of a national medical information database that will allow the government to “track… your every visit to a health care provider—where you went, who you saw, what was diagnosed, and what care was provided.” The Obama administration, the Times claims, will use that information to decide which people deserve the more expensive lifesaving treatments and which ones must be denied in the interest of cost efficiency. “If it costs too much to treat you, and you are nearing the end of your life anyway, you may have to do with less, or with nothing,” the Times writes. “You just aren’t worth the cost.… What nondescript GS-11 will be cutting care from Aunt Sophie after her sudden relapse before he or she heads to the food court for some stir fry?” The elderly, the physically and mentally disabled, all “whose health costs are great and whose ability to work productively in the future” will, the Times writes, be allowed to die or even exterminated. So will premature babies, badly wounded soldiers, and others as yet to be determined. The Times again cites Nazi Germany’s “T4 Aktion” program of forcibly euthanizing less productive citizens (see November 23, 2008) as a likely template for the Obama program. [Washington Times, 2/11/2009]

Entity Tags: Washington Times, Obama administration, T4 Aktion, Elizabeth (“Betsy”) McCaughey

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

Jonathan Hafetz of the American Civil Liberties Union calls the case of alleged al-Qaeda detainee Ali Saleh Kahlah al-Marri (see June 23, 2003) a key test of “the most far-reaching use of detention powers” ever asserted by the executive branch. Al-Marri has spent five years incarcerated in the Charleston Naval Brig without being charged with a crime. “If President Obama is serious about restoring the rule of law in America, they can’t defend what’s been done to Marri. They would be completely buying into the Bush administration’s war on terror,” he says. Hafetz, who is scheduled to represent al-Marri before the Supreme Court in April, compares the Bush administration’s decision to leave al-Marri in isolation to his client’s being stranded on a desert island. “It’s a Robinson Crusoe-like situation,” he adds. Hafetz says that among the issues to be decided is “the question of who is a soldier, and who is a civilian.” He continues: “Is the fight against terrorism war, or is it not war? How far does the battlefield extend? In the past, they treated Peoria as a battlefield. Can an American be arrested in his own home and jailed indefinitely, on the say-so of the president?” Hafetz wants the Court to declare indefinite detention by executive fiat illegal. He also hopes President Obama will withdraw al-Marri’s designation as an enemy combatant and reclassify him as a civilian; such a move would allow al-Marri to either be charged with crimes and prosecuted, or released entirely. Civil liberties and other groups on both sides of the political divide have combined to file 18 amicus briefs with the Court, all on al-Marri’s behalf. The al-Marri decision will almost certainly impact the legal principles governing the disposal of the approximately 240 detainees still being held at Guantanamo.
Opinion of Former Bush Administration Officials - Former Bush State Department counsel John Bellinger says of his counterparts in the Obama administration: “They will have to either put up or shut up. Do they maintain the Bush administration position, and keep holding [al-]Marri as an enemy combatant? They have to come up with a legal theory.” He says that Obama officials will find it more difficult to put their ideals into action: “Governing is different from campaigning,” he notes, and adds that Obama officials will soon learn that “they can’t just set the clocks back eight years, and try every terror suspect captured abroad in the federal courts.” Former Attorney General John Ashcroft calls keeping al-Marri and other “enemy combatants” locked away without charges or trials a “sound decision” to “maximize the national interest,” and says that in the end, Obama’s approach will be much like Bush’s. “How will he be different?” he asks. “The main difference is going to be that he spells his name ‘O-b-a-m-a,’ not ‘B-u-s-h.’”
Current Administration's Opinion - Obama spokesman Larry Craig sums up the issue: “One way we’ve looked at this is that we own the solution. We don’t own the problem—it was created by the previous administration. But we’ll be held accountable for how we handle this.” [New Yorker, 2/23/2009]

Entity Tags: John Ashcroft, Barack Obama, American Civil Liberties Union, Ali Saleh Kahlah al-Marri, Bush administration (43), US Supreme Court, Obama administration, Jonathan Hafetz, Larry Craig, John Bellinger

Timeline Tags: Civil Liberties

In the case of Kiyemba v Obama the Court of Appeals for the District of Columbia Circuit unanimously blocks a judge’s order to free 17 Chinese Uighurs (see September 17, 2006 and June 30, 2008) from detention in Guantanamo. [New York Times, 2/18/2009; Constitution Project, 2/18/2009]
Not a Threat to the US - The Uighurs, members of a small Muslim ethnic and religious minority, have been in detention for seven years after being captured in Pakistan; they insist they were receiving training to resist Chinese oppression, and never harbored any ill will towards the US or had any intention of participating in attacks on US or US-allied targets. Judge Ricardo Urbina concurred in an October ruling. Even Bush officials had decided not to try to prove the 17 men were “enemy combatants”; instead, they said that they would continue imprisoning them because they had “trained for armed insurrection against their home country” in a Uighur camp in Afghanistan. The Obama administration can choose to release the Uighurs if it can find a country—the US or another nation—to accept the detainees for resettlement. Obama officials do not want to turn the Uighurs over to Chinese authorities for fear that they will be imprisoned and tortured.
Two Rulings, One on Release, One on Habeas Corpus - All three appellate judges agree to overturn Urbina’s order to release the Uighurs, but split 2-1 on a separate question: whether detainees such as the Uighurs have habeas corpus rights to challenge their detention. Two, Judges Arthur Randolph and Karen Henderson, say that the law, as decided by the Supreme Court in the June 2008 Boumediene v Bush case (see June 22, 2008), does not give judges the right to release detainees into the US. “Never in the history of habeas corpus,” the majority opinion finds, “has any court thought it had the power to order an alien held overseas brought into the sovereign territory of a nation and released into the general population.” Judge Judith Rogers dissents, writing that the ruling “ignores the very purpose” of the writ of habeas corpus, which is, she writes, to serve as “a check on arbitrary executive power.” If the court has no legal right to release the Uighurs into the US, Rogers writes, the Boumediene ruling has no meaning. A lawyer for the Uighurs, Susan Baker Manning, says the ruling means innocent people “can spend the rest of their lives in prison even though the US knows it’s a mistake.” [New York Times, 2/18/2009]
Civil Rights Organization 'Disappointed' in Ruling, Calls for Release - Sharon Bradford Franklin of the Constitution Project, a civil rights organization, writes: “We are disappointed by today’s DC Circuit ruling that denies freedom to the 17 men whom the government admits are not ‘enemy combatants’ and yet continues to hold at Guantanamo for a seventh year. President Obama should exercise his power to release the Uighurs into the US. The appellate court’s ruling that the trial court lacked the power to compel the executive branch to release the Uighurs into the United States in no way limits the ability of the executive branch to release the Uighurs on its own. We therefore call on President Obama to choose the right course and evaluate the terms under which the Uighurs may be released into the United States. The writ of habeas corpus is a fundamental constitutional right. For habeas corpus to have meaning, it must permit a court to end wrongful detentions. We regret that today’s decision failed to recognize the court’s ability to check arbitrary detention, such as that suffered by the Uighurs.” [Constitution Project, 2/18/2009]

Entity Tags: Sharon Bradford Franklin, Susan Baker Manning, US Supreme Court, Judith Rogers, Constitution Project, Barack Obama, Arthur Randolph, Karen Henderson, Obama administration

Timeline Tags: Civil Liberties

In a speech at the Nixon Center, neoconservative guru Richard Perle (see 1965 and Early 1970s) attempts to drastically rewrite the history of the Bush administration and his role in the invasion of Iraq. The Washington Post’s Dana Milbank writes that listening to Perle gave him “a sense of falling down the rabbit hole.” Milbank notes: “In real life, Perle was the ideological architect of the Iraq war and of the Bush doctrine of preemptive attack (see 1987-2004, Late December 2000 and Early January 2001, March, 2001, Shortly After September 11, 2001, September 15, 2001, September 19-20, 2001, November 14, 2001, November 14, 2001, November 18-19, 2001, May 2002, August 16, 2002, November 20, 2002, January 9, 2003, February 25, 2003, and March 27, 2003). But at yesterday’s forum of foreign policy intellectuals, he created a fantastic world in which:
bullet Perle is not a neoconservative.
bullet Neoconservatives do not exist.
bullet Even if neoconservatives did exist, they certainly couldn’t be blamed for the disasters of the past eight years.” [Washington Post, 2/20/2009]
Perle had previously advanced his arguments in an article for National Interest magazine. [National Interest, 1/21/2009]
'No Such Thing as a Neoconservative Foreign Policy' - Perle tells the gathering, hosted by National Interest: “There is no such thing as a neoconservative foreign policy. It is a left critique of what is believed by the commentator to be a right-wing policy.” Perle has shaped the nation’s foreign policy since 1974 (see August 15, 1974, Early 1976, 1976, and Early 1981). He was a key player in the Reagan administration’s early attempts to foment a nuclear standoff with the Soviet Union (see Early 1981 and After, 1981 and Beyond, September 1981 through November 1983, May 1982 and After, and October 11-12, 1986). Perle denies any real involvement with the 1996 “Clean Break” document, which Milbank notes “is widely seen as the cornerstone of neoconservative foreign policy” (see July 8, 1996 and March 2007). Perle explains: “My name was on it because I signed up for the study group. I didn’t approve it. I didn’t read it.” In reality, Perle wrote the bulk of the “Clean Break” report. Perle sidesteps questions about the letters he wrote (or helped write) to Presidents Clinton and Bush demanding the overthrow of Saddam Hussein (see January 26, 1998, February 19, 1998, and September 20, 2001), saying, “I don’t have the letters in front of me.” He denies having any influence on President Bush’s National Security Strategy, which, as Milbank notes, “enshrin[ed] the neoconservative themes of preemptive war and using American power to spread freedom” (see May 1, 2001), saying: “I don’t know whether President Bush ever read any of those statements [he wrote]. My guess is he didn’t.” Instead, as Perle tells the audience: “I see a number of people here who believe and have expressed themselves abundantly that there is a neoconservative foreign policy and it was the policy that dominated the Bush administration, and they ascribe to it responsibility for the deplorable state of the world. None of that is true, of course.” Bush’s foreign policy had “no philosophical underpinnings and certainly nothing like the demonic influence of neoconservatives that is alleged.” And Perle claims that no neoconservative ever insisted that the US military should be used to spread democratic values (see 1965, Early 1970s, Summer 1972 and After, August 15, 1974, 1976, November 1976, Late November, 1976, 1977-1981, 1981 and Beyond, 1984, Late March 1989 and After, 1991-1997, March 8, 1992, July 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997, November 12, 1997, January 26, 1998, February 19, 1998, May 29, 1998, July 1998, February 1999, 2000, September 2000, November 1, 2000, January 2001, January 22, 2001 and After, March 12, 2001, Shortly After September 11, 2001, September 20, 2001, September 20, 2001, September 20, 2001, September 24, 2001, September 25-26, 2001, October 29, 2001, October 29, 2001, November 14, 2001, November 20, 2001, November 29-30, 2001, December 7, 2001, February 2002, April 2002, April 23, 2002, August 6, 2002, September 4, 2002, November 2002-December 2002, November 12, 2002, February 2003, February 13, 2003, March 19, 2003, December 19, 2003, March 2007, September 24, 2007, and October 28, 2007), saying, “I can’t find a single example of a neoconservative supposed to have influence over the Bush administration arguing that we should impose democracy by force.” His strident calls for forcible regime change in Iran were not what they seemed, he says: “I’ve never advocated attacking Iran. Regime change does not imply military force, at least not when I use the term” (see July 8-10, 1996, Late Summer 1996, November 14, 2001, and January 24, 2004).
Challenged by Skeptics - Former Reagan administration official Richard Burt (see Early 1981 and After and May 1982 and After), who challenged Perle during his time in Washington, takes issue with what he calls the “argument that neoconservatism maybe actually doesn’t exist.” He reminds Perle of the longtime rift between foreign policy realists and neoconservative interventionists, and argues, “You’ve got to kind of acknowledge there is a neoconservative school of thought.” Perle replies, “I don’t accept the approach, not at all.” National Interest’s Jacob Heilbrunn asks Perle to justify his current position with the title of his 2003 book An End to Evil. Perle claims: “We had a publisher who chose the title. There’s hardly an ideology in that book.” (Milbank provides an excerpt from the book that reads: “There is no middle way for Americans: It is victory or holocaust. This book is a manual for victory.”) Perle blames the news media for “propagat[ing] this myth of neoconservative influence,” and says the term “neoconservative” itself is sometimes little more than an anti-Semitic slur. After the session, the moderator asks Perle how successful he has been in making his points. “I don’t know that I persuaded anyone,” he concedes. [Washington Post, 2/20/2009]
'Richard Perle Is a Liar' - Harvard professor Stephen Walt, a regular columnist for Foreign Policy magazine, writes flatly, “Richard Perle is a liar.” He continues: “[K]ey neoconservatives like Douglas Feith, I. Lewis ‘Scooter’ Libby, Paul Wolfowitz, and others [were] openly calling for regime change in Iraq since the late 1990s and… used their positions in the Bush administration to make the case for war after 9/11, aided by a chorus of sympathetic pundits at places like the American Enterprise Institute, and the Weekly Standard. The neocons were hardly some secret cabal or conspiracy, as they were making their case loudly and in public, and no serious scholar claims that they ‘bamboozled’ Bush and Cheney into a war. Rather, numerous accounts have documented that they had been openly pushing for war since 1998 and they continued to do so after 9/11.… The bottom line is simple: Richard Perle is lying. What is disturbing about this case is is not that a former official is trying to falsify the record in such a brazen fashion; Perle is hardly the first policymaker to kick up dust about his record and he certainly won’t be the last. The real cause for concern is that there are hardly any consequences for the critical role that Perle and the neoconservatives played for their pivotal role in causing one of the great foreign policy disasters in American history. If somebody can help engineer a foolish war and remain a respected Washington insider—as is the case with Perle—what harm is likely to befall them if they lie about it later?” [Foreign Policy, 2/23/2009]

Entity Tags: Richard Perle, Jacob Heilbrunn, Lewis (“Scooter”) Libby, George W. Bush, Douglas Feith, Dana Milbank, Bush administration (43), Stephen Walt, Paul Wolfowitz, Richard Burt

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Fox News talk show host Glenn Beck has a special segment called “War Games” during the week’s broadcasts. In today’s show, he is joined by former CIA analyst Michael Scheuer (see February 1996) and retired Army Sergeant Major, Tim Strong. The three discuss what they say is the upcoming “civil war” in America, which, they assert, will be led by “citizen militias” made up of principled, ideologically correct conservatives. Beck says that he “believes we’re on this road.” The three decide among themselves that the US military would refuse to obey President Obama’s orders to subdue the insurrection and would instead join with “the people” in “defending the Constitution” against the government. [Salon, 2/22/2009] Conservative commentator Michelle Malkin’s blog “Hot Air” features an entry that calls Beck’s rhetoric “implausible” and “nutty.” [Hot Air, 2/22/2009]

Entity Tags: Michael Scheuer, Michelle Malkin, Tim Strong, Fox News, Glenn Beck

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2010 Elections

Mohamed returning to London.Mohamed returning to London. [Source: Lewis Whyld / Associated Press]Binyam Mohamed (see May-September, 2001, February 8, 2009, and February 9, 2009) is released from Guantanamo, and returns to Great Britain. He is flown to Britain on a private chartered Gulfstream jet similar to those used by the CIA in “extraordinary renditions.” His sister, Zuhra Mohamed, meets him at the RAF Northolt airbase in west London, and tells reporters: “I am so glad and so happy, more than words can express. I am so thankful for everything that was done for Binyam to make this day come true.” His lawyers claim that he has suffered severe physical and psychological abuse, some of which was inflicted in recent days. He suffers from what his lawyers call a huge range of injuries. Doctors have found Mohamed suffering from extensive bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, and severe damage to ligaments. His weight has dropped from around 170 pounds to 125 pounds. His lawyers say he suffers from serious emotional and psychological problems, which have been exacerbated by the refusal of Guantanamo officials to provide him with counseling. Mohamed’s British lawyer, Clive Stafford Smith, says his client had been beaten “dozens” of times, with the most recent abuse occurring in the last few weeks (see September 2004 and After). “He has a list of physical ailments that cover two sheets of A4 paper,” says Stafford Smith. “What Binyam has been through should have been left behind in the middle ages.” Mohamed’s American military lawyer, Lieutenant Colonel Yvonne Bradley, adds: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.” Britain’s former Attorney General, Lord Goldsmith, an advocate for the closure of Guantanamo, says that allegations of abuse against Mohamed, a British resident, should be raised by Foreign Secretary David Miliband with his American counterpart, Secretary of State Hillary Clinton. “If there are credible accounts of mistreatment then they need to be pursued,” Goldsmith says.
Care Provided upon Return - Upon his return to Britain, Mohamed will receive physical care and emotional counseling in a secure, secret location by a team of volunteer doctors and psychiatrists. He will be kept under a “voluntary security arrangement,” where he must report regularly to authorities, but will not be subject to charges or anti-terror control orders. The US dropped all charges against Mohamed last year, including allegations that he had participated in a “dirty bomb” plot. [Guardian, 2/22/2009; Guardian, 2/24/2009]
MI5 to Be Investigated? - At least one MI5 officer may face a criminal investigation over his alleged complicity in torturing Mohamed (see February 24, 2009). And Mohamed’s future testimony is expected to shed light upon MI5’s own participation in his interrogation and alleged torture; Mohamed may sue the British government and MI5, Britain’s counter-intelligence and security service, over its alleged complicity in his detention, abduction, treatment, and interrogation. If filed, Mohamed’s lawsuit could force US and British authorities to disclose vital evidence regarding Mohamed’s allegations of torture. [Guardian, 2/22/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency, Clive Stafford Smith, David Miliband, Zuhra Mohamed, UK Security Service (MI5), Peter Henry Goldsmith, Yvonne Bradley

Timeline Tags: Torture of US Captives

Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. [Guardian, 2/24/2009; Daily Mail, 3/8/2009]
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” [Scotsman, 2/24/2009]
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. [Daily Mail, 3/8/2009]
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” [Daily Mail, 3/8/2009]
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). [Guardian, 2/24/2009] Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” [Scotsman, 2/24/2009]
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” [Daily Mail, 3/8/2009]

Entity Tags: Malloch Brown, Mike Gapes, Central Intelligence Agency, Binyam Mohamed, UK Security Service (MI5), Clive Stafford Smith, David Miliband, Edward Davey

Timeline Tags: Torture of US Captives

Attorney General Eric Holder confirms the Obama administration’s plans to close the Guantanamo Bay detention facility (see November 16, 2008 and January 22, 2009), but calls it a well-run, professional institution. Closing Guantanamo “will not be an easy process,” Holder says after visiting the site. “It’s one we will do in a way that ensures that people are treated fairly and that the American people are kept safe.” Holder leads the administration’s effort to close the facility within a year. Most of that time will be spent reviewing the case files and histories of the 245 inmates currently incarcerated there: “It’s going to take us a good portion of that time to look at all of the files that we have to examine, until we get our hands around what Guantanamo is, and also what Guantanamo was,” he says. Senator James Inhofe (R-OK), an outspoken advocate of keeping Guantanamo open (see February 5, 2009), says he is encouraged by Holder’s remarks. “I believe as more time goes by there is a chance the administration will grow to realize that we need Gitmo and must keep it open,” he says. “More time will allow facts to replace political rhetoric.” Inhofe is promoting legislation that will bar any Guantanamo detainees from coming to the US. [Associated Press, 2/25/2009]

Entity Tags: Eric Holder, James M. Inhofe, Obama administration

Timeline Tags: Torture of US Captives

A federal appeals court rejects the Obama administration’s assertion that a potential threat to national security should stop a lawsuit challenging the government’s warrantless wiretapping program. The Justice Department had requested an emergency stay in a case brought by a defunct Islamic charity, the Al Haramain Islamic Foundation (see February 28, 2006). Al Haramain has asked that classified information be made available to the court to prove its case that the electronic surveillance brought to bear against it by the government was illegal; Justice Department lawyers contend that the information needs to remain classified and unavailable to the court, and cite the “state secrets” privilege (see March 9, 1953) as legal justification. Although the court rejects the request for the stay, Justice Department lawyers say they will continue fighting to keep the information secret. “The government respectfully requests that the court refrain from further actions to provide plaintiffs with access to classified information,” says a filing made by the Justice Department in regards to the ruling. A lawyer for Al Haramain, Steven Goldberg, says: “All we wanted was our day in court and it looks like we’re finally going to get our day in court. This case is all about challenging an assertion of power by the executive branch which is extraordinary.” The American Civil Liberties Union’s Ann Brick says the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.” [Associated Press, 2/27/2009] Days later, the Justice Department will file a brief announcing its intention to refuse to honor the appeals court’s decision (see March 2, 2009).

Entity Tags: Obama administration, Ann Brick, Steven Goldberg, US Department of Justice, Al Haramain Islamic Foundation

Timeline Tags: Civil Liberties

Angelo Codevilla, a professor of international relations at Boston University, publishes an article entitled “Osama bin Elvis” in the American Spectator arguing that Osama bin Laden is dead. “All the evidence suggests Elvis Presley is more alive today than Osama bin Laden,” writes Codevilla. He cites as evidence apparent differences in the facial features of people said to be bin Laden in video messages, problems with voice analysis—an independent Swiss facility found a recording the US attributed to bin Laden was not actually by him (see November 29, 2002), clear changes in bin Laden’s rhetoric after 9/11, problems with the “confession” video (see Mid-November 2001), and numerous reports of his death. According to Codevilla, if bin Laden’s death were popularly acknowledged, it would have serious policy ramificiations for the US. [American Spectator, 3/2009]

Entity Tags: Al-Qaeda, Osama bin Laden, Angelo Codevilla

Timeline Tags: Complete 911 Timeline

In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). [Re: ACLU et al v. Department of Defense et al, 3/2/2009 pdf file] The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. [TPM Muckraker, 3/6/2009; American Civil Liberties Union, 3/6/2009] The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. [Washington Post, 3/3/2009]

Entity Tags: Michael Hayden, Jose Rodriguez, Jr., US Department of Justice, Senate Intelligence Committee, Central Intelligence Agency, Amrit Singh, American Civil Liberties Union, George Little, US Department of Defense, Alvin K. Hellerstein, Dianne Feinstein

Timeline Tags: Torture of US Captives

Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]

Entity Tags: National Security Agency, US Department of Justice, Office of Legal Counsel (DOJ), Scott Horton, Steven Bradbury, George W. Bush, Jose Padilla, Bush administration (43), Defense Intelligence Agency, John C. Yoo

Timeline Tags: Civil Liberties

Michael Savage, a conservative radio host, calls President Obama a “dictator” as part of a larger diatribe against the president. He calls Obama “a young, articulate rabble-rouser” who “is espousing a message that I call ‘trickle-up poverty’.… Where it ends? I know where it ends, because I’ve studied history. I know where it ends. The signal as to when this begins, when the end begins, will be when he organizes a militia directly under his own control. He will not call it a militia. It will be called, perhaps, the ‘Ecology Corps’ or the ‘Environment Corps,’ or the ‘Global Warming Corps,’ or the ‘Energy Corps.’” Savage may be referring to Obama’s efforts to revive the moribund Americorps, a volunteer organization (see November 11, 2008 and March 31, 2009). “Whatever it will be called, they will all wear uniforms. They will either be blue denim or green denim. They will have the executive power under the ‘urban czar’ to come into your home without any court order to investigate your energy use, but they will be looking for other things as well. Would you have any chance to stand up to this army of Obamaites?” Savage asks, rhetorically, if he has “gone over the edge,” and then says: “I’ve gone over the edge before, and every time I have, I’ve been right eventually. I see the handwriting on the wall. Obama is a dictator.” Savage accuses liberals of failing to understand that any dictatorship, leftist or rightist, “is not going to be good for your children.” He then shouts, “Someone has to oppose this man.” He also claims that the White House “is going after” anyone who criticizes it, and repeatedly mixes his accusations of “government” persecution with “media” persecution of White House or Obama critics. “Fundamentally,” Savage concludes, “we have a dictatorship emerging.… Now I’ll make another prediction. I predict that very soon, Obama will create a crisis along the lines of the Reichstag Fire [the 1933 attack on the Reichstag by Nazi militiamen, who later blamed the fire on Communists, and used the attack to gain control of the German government]. I don’t know what form it will take. But I believe that once the minions are seen for what they are, Rahm Emanuel [the White House chief of staff] and his gang will set off a Reichstag Fire in this country of some kind, and they will” begin arresting US citizens without warrants much as President Lincoln did during the Civil War. “I will tell you as I sit here I fear that every night as I go to sleep.” Savage offers no evidence for any of his claims. [Media Matters, 3/4/2009] Two days later, Savage calls Obama a “neo-fascist dictator in the making.” [Media Matters, 3/6/2009] Savage has called the landmark civil rights decision Brown v. Board “sickening” (see May 18, 2004), accused Obama of being educated in a radical Islamic madrassa (see January 10, 2008 and April 3, 2008) and being a potential “radical Muslim” (see February 21, 2008), called Obama’s presidential victory “the first affirmative-action election in American history” (see February 1, 2008), accused Obama of being sympathetic towards the Nazis and the Imperial Japanese of World War II (see March 13, 2008), said that homeless Americans should be put in “work camps” (see June 6, 2008), called Obama an “Afro-Leninist” (see June 6, 2008), said that welfare recipients should lose the right to vote (see October 22, 2008), accused Obama of using his grandmother’s death to conceal his “efforts” to falsify his Hawaiian birth certificate (see November 10, 2008), and accused Obama of planning to fire all the “competent white men” in government once he became president (see November 18, 2008). Other conservatives, including Fox News’s Glenn Beck, will accuse Obama of being a Nazi, or of intending to create a “Reichstag Fire” crisis to gain power (see September 29, 2009 and October 3, 2010).

Entity Tags: Glenn Beck, AmeriCorps, Barack Obama, Michael Savage, Rahm Emanuel

Timeline Tags: Domestic Propaganda

Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
bullet The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
bullet The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
bullet The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
bullet The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]

Entity Tags: Bush administration (43), Geneva Conventions, Obama administration, Karen Greenberg

Timeline Tags: Torture of US Captives

Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. [Public Record, 3/6/2009]

Entity Tags: John Durham, Abd al-Rahim al-Nashiri, Abu Zubaida, Central Intelligence Agency, American Civil Liberties Union, Lev Dassin, Amrit Singh, Jane Mayer

Timeline Tags: Torture of US Captives

Conservative pundit Ann Coulter tells a New York Times reporter that the editorial staff of the Times—which she brands the “Treason Times”—should have been executed for treason for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005). Coulter responded to a set of questions e-mailed to her regarding her upcoming debates with political satirist Bill Maher. Asked if she believes she speaks for the conservative movement, for her own fan base, or someone else, she answers, “I think I speak for all Americans who think newspaper editors who print the details of top secret anti-terrorist intelligence gathering programs on page one in wartime should be executed for treason.” [New York Times, 3/9/2009]

Entity Tags: New York Times, Ann Coulter, Bush administration (43)

Timeline Tags: Civil Liberties, Domestic Propaganda

9/12 Project logo.9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” [Media Matters, 3/13/2009; Media Matters, 9/11/2009] Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. [SaveTheRich (.com), 4/17/2009; Media Matters, 9/11/2009]

Entity Tags: Glenn Beck, 9/12 Project, Chuck Norris, FreedomWorks, Steve (“Stu”) Burguiere, Fox News, SaveTheRich

Timeline Tags: Domestic Propaganda, 2010 Elections

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

Entity Tags: Khallad bin Attash, Khalid Shaikh Mohammed, Bush administration (43), Barack Obama, Abu Zubaida, New York Review of Books, Central Intelligence Agency, George W. Bush, Geneva Conventions, John Ashcroft, International Committee of the Red Cross, Mark Danner

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Fox News talk show host Glenn Beck, joined by National Review deputy managing editor Kevin Williamson, asserts that Obama administration members are working behind the scenes to move towards what they call a “one-world government.” Williamson tells Beck and their viewers that Carol Browner, assistant to the president for energy and climate change, belongs to a group that is “arguing for… the same stuff that the left is always arguing for, which is transferring wealth and power out of citizens’ hands and into the government’s hands.” Williamson continues: “You know, the left always needs an emergency because they can’t get this stuff done through normal democratic means. So, in the ‘30s, it was the Depression, and then it was World War II. Then it was the Cold War and the threat of nuclear annihilation. And then after the Soviet Union fell apart, it became the environmental movement.” Beck responds: “Right. Let me—I’m going to have them take you someplace that I like to call ‘one-world government.’” Beck later says that Browner “was involved in a socialist organization” that “wants one-world government.” Williamson agrees: “Yeah, they’re big on what they call, you know, global architecture, transnational architecture, which is just another way of saying sort of UN-style bureaucracies that would be international in nature and would de-emphasize American power and global leadership.” [Media Matters, 4/10/2009] Beck and Williamson are echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010).

Entity Tags: Obama administration, Carol Browner, Glenn Beck, Fox News, Kevin Williamson

Timeline Tags: Domestic Propaganda

Fox News senior judicial analyst Andrew Napolitano hosts radio host Alex Jones on the online program Freedom Watch. Jones says that he has long pointed out “how hundreds of mainstream news articles a week are saying there is a new world order, a global government. It will be run by the very banks that are collapsing society by design, and we will pay carbon taxes to them.… [T]he good news is, I’ve never seen an awakening this big. And I’m seeing, you know, people like Glenn Beck talk about the new world order on Fox. I’m seeing you talk about it for years before him. We’re seeing [CNN host] Lou Dobbs talk about it. We’re seeing, you know, mainline talk show hosts—[radio host Rush] Limbaugh is even talking about global government now. [Radio host] Michael Savage is talking about how he thinks, you know, Obama may stage crises to bring in martial law.” [Media Matters, 4/10/2009] Jones is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).

Entity Tags: Andrew Napolitano, Alex Jones, Barack Obama, Fox News

Timeline Tags: Domestic Propaganda

President Obama disagrees with recent statements from former Vice President Dick Cheney that his administration’s policies are endangering America (see February 4, 2009 and March 15, 2009). “I fundamentally disagree with Dick Cheney—not surprisingly,” Obama tells CBS reporter Steve Kroft. “I think that Vice President Cheney has been at the head of a movement whose notion is somehow that we can’t reconcile our core values, our Constitution, our belief that we don’t torture, with our national security interests. I think he’s drawing the wrong lesson from history. [CNN, 3/22/2009; CBS News, 3/22/2009] The facts don’t bear him out.” Cheney “is eager to defend a legacy that was unsustainable,” Obama says, and notes that Cheney’s politics reflect a mindset that “has done incredible damage to our image and position in the world.” [Raw Story, 3/22/2009; CBS News, 3/22/2009] In response to Cheney’s advocacy of extreme interrogation methods—torture—of suspected terrorists, Obama asks: “How many terrorists have actually been brought to justice under the philosophy that is being promoted by Vice President Cheney? It hasn’t made us safer. What it has been is a great advertisement for anti-American sentiment.” [Politico, 3/21/2009; CBS News, 3/22/2009] “The whole premise of Guantanamo promoted by Vice President Cheney was that, somehow, the American system of justice was not up to the task of dealing with these terrorists,” Obama continues. “This is the legacy that’s been left behind and, you know, I’m surprised that the vice president is eager to defend a legacy that was unsustainable. Let’s assume that we didn’t change these practices. How long are we going to go? Are we going to just keep on going until, you know, the entire Muslim world and Arab world despises us? Do we think that’s really going to make us safer? I don’t know a lot of thoughtful thinkers, liberal or conservative, who think that was the right approach.” [Raw Story, 3/22/2009; CBS News, 3/22/2009]

Entity Tags: Barack Obama, Richard (“Dick”) Cheney, Obama administration, Bush administration (43)

Timeline Tags: Domestic Propaganda, 2010 Elections

Bill Hemmer.Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. [Media Matters, 4/8/2009]

Entity Tags: Fox News, National Association for the Advancement of Conservative People of Color, Lloyd Marcus, Bill Hemmer

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News talk show host Glenn Beck, with former UN Ambassador John R. Bolton as his guest, says that the Obama administration is pushing for a “global currency.” The assertion is part of Beck’s larger claim that Obama wants to steer the US towards some sort of “one-world government.” Beck says: “Ambassador, everybody is calling for global currency. I think part of this is a game, but I think, also, part of it is a—I mean, now the UN is saying, you know what? We should have a global currency. It’s also a movement to tie the entire globe together into one big government. Am I wrong or right?” Beck adds later in the interview: “You’re known as a fighter. I mean, you are a guy in there, man, you were just taking the fight right to them. So, what does the average person do? I mean, the average person, they hear, you know, I might be losing my sovereignty.… What—who do—who’s on our side?” Bolton responds: “Well, you know, I think it’s important we understand what we mean by sovereignty. To Europeans and many left-wing intellectuals in this country, it’s just kind of an abstract concept that doesn’t mean much. But I think to most Americans, sovereignty means our control over our own government. It’s about self-government.” Beck later says: “Ambassador, when you say world government, it does sound nuts. And because everybody knows, nobody is for world government,” and Bolton responds: “That’s why they don’t call it world government anymore. And they’ll try and find these other phrases. But you have to look underneath of it. And it’s on a range of issues, not just the money supply, but gun control, the death penalty, abortion, all—global warming—all of which are issues we can and should debate in our—in our constitutional democratic framework. We don’t need to decide them internationally. But that’s what the agenda is of many people very close to the Obama administration.” [Media Matters, 4/10/2009] Beck and Bolton are echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).

Entity Tags: Obama administration, Bill O’Reilly, Glenn Beck, Fox News, John R. Bolton

Timeline Tags: Domestic Propaganda

Eric Cantor (R-VA), the House Minority Whip, while appearing on C-SPAN’s “Washington Journal,” agrees with a caller that the Obama administration is moving the US towards one-party fascist rule. The caller says: “But what really is scaring the rest of us, the other half of us, is the fascism. I mean the true fascism that is happening in this country today.… The belligerent takeover of a one-party system.” Without repeating the terminology, Cantor agrees: “Now as far as a one-party government in here, I think what the public is doing, they’re finally waking up and everybody is realizing that checks and balances are a part of the system and divided government is something that is beneficial to a balanced debate, and something that can produce a better outcome. Which is exactly why Republicans in the House have said, ‘Look, we want to work with our colleagues on the other side of the aisle. We want to try to bring this president back into the mainstream.’” [Think Progress, 3/25/2009]

Entity Tags: Obama administration, Eric Cantor

Timeline Tags: Domestic Propaganda, 2010 Elections

The New York Times reports that there is fresh evidence the Pakistani government supports many Islamist militant groups who are fighting US forces. Pakistani support for militants has mainly run through the ISI, Pakistan’s intelligence agency.
US Pressure Not Effective - Shortly after Asif Ali Zardari became president of Pakistan in September 2008 (see September 9, 2008), he faced accusations by the US that the ISI helped the militants bomb the Indian embassy in Kabul, Afghanistan (see July 7, 2008 and July 28, 2008). Zardari promised that the ISI would be “handled” and anyone working with militants would be fired. Some top ISI officials were replaced, including ISI Director Nadeem Taj (see September 30, 2008). However, many US and even Pakistani officials have since complained to the Times that there has been little effect seen. The Times reports that “new details reveal that the spy agency is aiding a broader array of militant networks with more diverse types of support than was previously known—even months after Pakistani officials said that the days of the ISI’s playing a ‘double game’ had ended.”
The Mysterious S Wing - US officials say that it is unlikely that the highest ranking Pakistani officials are managing relationships with militants. Instead, most of the contacts are done by the S Wing of the ISI. Very little is publicly known about the S Wing. [New York Times, 3/26/2009] However, a later Times article will note, “Pakistani military officials give the spy service’s ‘S Wing’—which runs external operations against the Afghan government and India—broad autonomy, a buffer that allows top military officials deniability.” [New York Times, 7/26/2010] The groups S Wing is believed to support include:
bullet The Taliban. Taliban leaders are believed to be given safe haven in the Pakistani town of Quetta.
bullet The Haqqani network. This is a semi-autonomous branch of the Taliban, based in Pakistan’s tribal region. Its leader is Jalaluddin Haqqani, who has been an ISI asset since the 1980s.
bullet The Gulbuddin Hekmatyar network. Like the Haqqani network, Hekmatyar’s network is based in Pakistan but attacks US forces in Afghanistan in alliance with Taliban forces.
bullet Lashkar-e-Taiba. This Pakistani militant group is not very active in Afghanistan, but it has been linked to a number of attacks, including the 2008 attacks in Mumbai, India.
The ISI’s S Wing gives these groups funding, training, protection, and intelligence. The groups are tipped off to planned US drone strikes and other attacks. S Wing operatives even search radical madrassas (boarding schools) in Pakistan to find new recruits for the groups. Most shockingly, ISI officials regularly sit in on meetings of Taliban leaders and other militant leaders and help decide strategy. This practice has become so widely known that in recent months, the British government has repeatedly asked the ISI to use its influence with the Taliban to scale back attacks in Afghanistan before the August presidential elections there.
Opposition to Tehrik-i-Taliban - Not all militants are supported, however. For instance, the Pakistani government generally opposes the Tehrik-i-Taliban (also known as the Pakistani Taliban), even though it is linked to the Taliban and other groups Pakistan does support, because this group has the goal of overthrowing Pakistan’s government. Director of National Intelligence Dennis Blair recently told US senators, “There are some [groups the Pakistani government] believe have to be hit and that we should cooperate on hitting, and there are others they think don’t constitute as much of a threat to them and that they think are best left alone.”
Pakistan's Reasoning - Publicly, Pakistan denies all support for militant groups. But privately, unnamed Pakistani officials tell the Times that “the contacts were less threatening than the American officials depicted and were part of a strategy to maintain influence in Afghanistan for the day when American forces would withdraw and leave what they fear could be a power vacuum to be filled by India, Pakistan’s archenemy.” One official says that Pakistan needs groups like the Taliban as “proxy forces to preserve our interests.” [New York Times, 3/26/2009]

Entity Tags: Lashkar-e-Toiba, Taliban, Nadeem Taj, Pakistan Directorate for Inter-Services Intelligence, Haqqani Network, Tehrik-i-Taliban, Gulbuddin Hekmatyar, S Wing, Dennis C. Blair, Asif Ali Zardari

Timeline Tags: Complete 911 Timeline

Glenn Beck.Glenn Beck. [Source: New York Times]The New York Times profiles Fox News talk show host Glenn Beck, describing him as a “rising star” and “one of the most powerful media voices for the nation’s conservative anger.” Beck’s show typically draws about 2.3 million viewers, putting him third among all cable news hosts behind fellow Fox conservatives Bill O’Reilly and Sean Hannity. Beck describes himself as identifying with Howard Beale, the mad “television prophet” of the 1976 film Network, and particularly Beale’s most famous line, “I’m mad as hell, and I’m not going to take it anymore.” [New York Times, 3/29/2009] (Media pundit Eric Boehlert calls Beck’s attempt to associate himself with Beale “nonsense,” and observes: “Beale’s unvarnished on-air rants… targeted conformity, corporate conglomerates, and the propaganda power of television.… Beale’s attacks were not political or partisan. Beck, by contrast, unleashes his anger against, and whips up dark scenarios about, the new president of the United States. Big difference.”) [Media Matters, 4/7/2009]
Apocalyptic Rhetoric - Though he insists he believes every word he says on his TV show as well as on his daily radio broadcast, Beck also calls himself a “rodeo clown” and an “entertainer” who reminds his listeners, “If you take what I say as gospel, you’re an idiot.” (Beck is a former morning show disc jockey who regularly performs stand-up comedy in shows around the country.) The Times writes that Beck “is capturing the feelings of an alienated class of Americans.” He regularly preaches against liberal politicians, hosts segments entitled “Constitution Under Attack” and “Economic Apocalypse,” and sometimes bursts into tears. [New York Times, 3/29/2009] Progressive media watchdog site Media Matters will note in a later article that Beck regularly terms President Obama a Marxist, a socialist, and/or a fascist. [Media Matters, 4/7/2009] In a recent week-long segment titled “War Games,” Beck advocated for armed citizen militias to overthrow the government (see February 20, 2009), though he later denied such advocacy. America is “on the road to socialism,” he tells his viewers, and claims, “God and religion are under attack in the US.” He recently accused the Federal Emergency Management Agency (FEMA) of setting up “concentration camps” for citizen dissenters, presumably conservatives. He has accused the Obama administration of trying to “indoctrinate… your child into community service through the federal government” [Media Matters, 3/27/2009] , says America is about to go through “depression and revolution” [Media Matters, 2/13/2009] , and, three days after the Times article is published, compares the administration’s actions to those in “the early days of Adolf Hitler.” [Media Matters, 4/1/2009] He will accuse the government of being what he calls “a heroin pusher using smiley-faced fascism to grow the nanny state.” [Media Matters, 3/31/2009]
Voice of the 'Disenfranchised' - Phil Griffin, the president of Fox News cable rival MSNBC, says of Beck: “That’s good dramatic television. That’s who Glenn Beck is.” Tom Rosenstiel, the director of the Project for Excellence in Journalism, says: “There are absolutely historical precedents for what is happening with Beck. There was a lot of radio evangelism during the Depression. People were frustrated and frightened. There are a lot of scary parallels now.” Conservative writer David Frum calls Beck’s success “a product of the collapse of conservatism as an organized political force, and the rise of conservatism as an alienated cultural sensibility.” Beck’s shows are “for people who feel they belong to an embattled minority that is disenfranchised and cut off,” Frum adds. Fox News senior vice president Joel Cheatwood says Beck’s audience is “somewhat disenfranchised,” and adds, “[I]t’s a huge audience.” Author and media professor Jeffrey Jones says that Beck engages in “inciting rhetoric. People hear their values are under attack and they get worried. It becomes an opportunity for them to stand up and do something.” Beck denies inciting attacks on the government or any other citizens, saying that those “who are spreading the garbage that I’m stirring up a revolution haven’t watched the show.” Fellow talk show host Bill Maher recently accused Beck of producing “the same kind of talking” that led Timothy McVeigh to bomb a federal building in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995); Beck responded by saying in part: “Let me be clear. If someone tries to harm another person in the name of the Constitution or the ‘truth’ behind 9/11 or anything else, they are just as dangerous and crazy as those we don’t seem to recognize anymore, who kill in the name of Allah.” [New York Times, 3/29/2009] (The Times does not publish Beck’s next line: “There are enemies both foreign and domestic in America tonight. Call it fearmongering or call it the truth.”) [Media Matters, 4/7/2009] He describes himself as having to “be… the guy I don’t want to be—the guy saying things that are sometimes pretty scary, but nobody else is willing to say them.” Currently Beck is the voice of the “We Surround Them” movement (see March 3, 2009) and is part of the “Tea Party” or “teabaggers” civil protest project (see April 8, 2009). [New York Times, 3/29/2009]

Entity Tags: Glenn Beck, David Frum, Eric Boehlert, Tom Rosenstiel, Bill Maher, New York Times, Jeffrey Jones, Phil Griffin, Fox News, Media Matters, Joel Cheatwood

Timeline Tags: Domestic Propaganda

The New York Post publishes an article headlined “Scary! Obama nominee wants one world order.” The article, by Post reporter Meghan Clyne, attacks President Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Clyne says Koh is a “fan of ‘transnational legal process,’ arguing that the distinctions between US and international law should vanish.” She says that according to Koh’s views, judges should put aside the Constitution in favor of “legal ‘norms’” from other nations’ laws. “Sharia law could apply to disputes in US courts,” she writes. “The United States constitutes an ‘axis of disobedience’ along with North Korea and Saddam-era Iraq.” The newly launched Fox Nation, the blog for Fox News, links to the article, which disappears from the Post’s Web archive shortly thereafter. [Fox Nation, 3/31/2009; Media Matters, 4/10/2009] An extraordinarily racist conservative blog, Chimpout, hosts a forum discussion of the article under the heading “Osambo picks another douche bag for his cabinet.” The forum’s thread is part of a larger discussion section entitled “N_gger College” and a subsection entitled “F_cked Up Facts about First Monkey,” an apparent reference to Obama. Commenters immediately begin launching “birther”-styled accusations of Obama being an illegal president because of his “Kenyan birth” (see October 8, 2008, October 16, 2008 and After, November 10, 2008, August 1-4, 2009, and August 4, 2009), and say Obama should be relegated to “picking cotton.” [Chimpout, 3/31/2009] Days later, Fox News talk show host Glenn Beck, conservative editor Cliff Kincaid, and former Republican Senator Rick Santorum will join in attacking Koh (see April 1, 2009, April 6, 2009, and April 9, 2009).

Entity Tags: Glenn Beck, Chimpout (.com), Barack Obama, Fox Nation, US Department of State, Obama administration, Harold Koh, Rick Santorum, New York Post, Meghan Clyne, Cliff Kincaid

Timeline Tags: Domestic Propaganda

Investigative reporter Seymour Hersh discusses his recent allegation that what he calls an “executive assassination wing” was run from the office of former Vice President Dick Cheney (see March 10, 2009). Interviewer Amy Goodman opens her segment with Hersh by playing what was apparently an implicit confirmation, to an extent, of Hersh’s claims from a former Cheney aide (see March 30, 2009). Hersh notes that the comments from the former aide, John Hannah, verify that “yes, we go after people suspected—that was the word he used—of crimes against America. And I have to tell you that there’s an executive order, signed by Jerry Ford, President Ford, in the ‘70s, forbidding such action. It’s not only contrary—it’s illegal, it’s immoral, it’s counterproductive.” Of the allegations that the “assassination wing” is operated through the military’s Joint Special Operations Command (JSOC), Hersh says: “[T]he problem with having military go kill people when they’re not directly in combat, these are asking American troops to go out and find people and… they go into countries without telling any of the authorities, the American ambassador, the CIA chief, certainly nobody in the government that we’re going into, and it’s far more than just in combat areas. There’s more—at least a dozen countries and perhaps more. [President Bush] has authorized these kinds of actions in the Middle East and also in Latin America, I will tell you, Central America, some countries. They’ve been—our boys have been told they can go and take the kind of executive action they need, and that’s simply—there’s no legal basis for it.… [T]he idea that the American president would think he has the constitutional power or the legal right to tell soldiers not engaged in immediate combat to go out and find people based on lists and execute them is just amazing to me.… And not only that, Amy, the thing about George Bush is, everything’s sort of done in plain sight. In his State of the Union address (see 9:01 pm January 28, 2003)… about a month and a half before we went into Iraq, Bush was describing the progress in the war, and he said—I’m paraphrasing, but this is pretty close—he said that we’ve captured more than 3,000 members of al-Qaeda and suspected members, people suspected of operations against us. And then he added with that little smile he has, ‘And let me tell you, some of those people will not be able to ever operate again. I can assure you that. They will not be in a position.’ He’s clearly talking about killing people, and to applause. So, there we are. I don’t back off what I said. I wish I hadn’t said it ad hoc… sometimes when you speak off the top, you’re not as precise.” JSOC, Hersh explains, is a group of Navy Seals, Delta Force soldiers, and other “commandos” (a word the soldiers don’t prefer, but, Hersh says, most journalists use), which has been “transmogrified, if you will, into this unit that goes after high-value targets.” Hersh explains the involvement of Cheney’s office: “And where Cheney comes in and the idea of an assassination ring—I actually said ‘wing,’ but of an assassination wing—that reports to Cheney was simply that they clear lists through the vice president’s office. He’s not sitting around picking targets. They clear the lists. And he’s certainly deeply involved, less and less as time went on, of course, but in the beginning very closely involved.” Goodman concludes by asking, “One question: Is the assassination wing continuing under President Obama?” Hersh replies: “How do I know? I hope not.” [Democracy Now!, 3/31/2009]

Entity Tags: Seymour Hersh

Timeline Tags: Civil Liberties

Former Danish Prime Minister Poul Nyrup Rasmussen, president of the Party of European Socialists, writes a Wall Street Journal op-ed that advocates a greater level of communication and cooperation between governments to address the global economic crisis. Rasmussen writes in part: “We must keep up the pressure by demanding a globalization that works for everyone, and forge new alliances and new lines of communication across national boundaries. We must develop new, progressive ways to achieve global justice.” He advocates the expansion of European “state health care, social housing, education, unemployment support, and other universal, tax-funded services” to “the developing world, where according to the World Health Organization between 200,000 and 400,000 additional children will die each year due to the global economic downturn.” He calls free-market capitalist ideology “simplistic” as “championed by Reagan, Thatcher, and their ideological heirs,” and a failure “on a momentous scale.” The next night, Fox News talk show host Bill O’Reilly attacks Rasmussen as advocating a Marxist solution, and espousing a “one-world” view. O’Reilly says: “Well, Karl Marx could not have said it better. Global justice requires that a one-world government seize private property and distribute it so that every human being has roughly the same amount of resources. The Denmark guy’s vision is nothing new, but it’s now being recycled as justice.” O’Reilly says that “[s]ome believe Speaker Nancy Pelosi (D-CA), Senator Harry Reid (D-NV), and President Obama himself are sympathetic to the one-world, global-justice view,” and concludes: “Key question: Where does Barack Obama stand? Are the right-wing pundits correct? Is he down with the global-justice jihad? There’s no hard evidence to suggest that he is, but he has not repudiated the false vision either. Until President Obama does, speculation will rage.” [Wall Street Journal, 4/2/2009; Media Matters, 4/10/2009] O’Reilly is following recent, similar claims by Fox News guest Alex Jones (see March 18, 2009), Fox host Glenn Beck and his guests (see March 17, 2009 and March 24, 2009), and Fox News contributor Charles Payne (see March 24, 2009).

Entity Tags: Fox News, Bill O’Reilly, Poul Nyrup Rasmussen, Wall Street Journal

Timeline Tags: Domestic Propaganda

Conservative pundits on Fox News and other media outlets falsely claim that President Obama ceded the government’s authority over its economy to an international consortium during the G-20 summit, which concluded on April 2, 2009 in London. On April 3, pundit Dick Morris appears on Fox News’s America’s Newsroom to claim that Obama “effectively ceded massive areas of American sovereignty to Europe and to the global economic mavens.… [T]his literally is a massive surrender of sovereignty to an essentially European body.” On April 3, US Representative Don Manzullo (R-IL) tells CNN’s Kitty Pilgrim that Treasury Secretary Timothy “Geithner’s proposing, with the help of the administration, a worldwide international control over all financial interests—in fact, over any corporation, to the extent of even controlling the compensation of the employees. That’s not only radical, Kitty, that’s frightening.” Pilgrim responds, “Yeah, it certainly is.” On April 5, Fox News host Monica Crowley, appearing on the syndicated McLaughlin Group, says the G-20 agreement is “the first step to abrogating American sovereignty here, because… it is going to allow European bureaucrats to step in, not just on the hedge fund regulation and the other explicit things that they agreed to, but buried deep down in this communiqué was the ability for European bureaucrats sitting in Brussels to decide what kind of executive compensation American executives should—” Financial Times US managing editor Chrystia Freeland interjects, “No, there was no authority like that there, Monica.” Crowley responds, “I read it in the communique this morning.” [Media Matters, 4/7/2009] In an April 6 column titled “The Declaration of Independence Has Been Repealed,” Morris writes: “On April 2, 2009, the work of July 4, 1776 was nullified at the meeting of the G-20 in London. The joint communique essentially announces a global economic union with uniform regulations and bylaws for all nations, including the United States. Henceforth, our SEC [Securities and Exchange Commission], Commodities Trading Commission, Federal Reserve Board, and other regulators will have to march to the beat of drums pounded by the Financial Stability Board (FSB), a body of central bankers from each of the G-20 states and the European Union.… Obama, perhaps feeling guilty for the US role in triggering the international [economic] crisis, has, indeed, given away the store. Now we may no longer look to presidential appointees, confirmed by the Senate, to make policy for our economy. These decisions will be made internationally.” Noting that the FSB is numerically dominated by European members, Morris writes: “The Europeans have been trying to get their hands on our financial system for decades. It is essential to them that they rein in American free enterprise so that their socialist heaven will not be polluted by vices such as the profit motive. Now, with President Obama’s approval, they have done it.” [Dick Morris, 4/6/2009] On the evening of April 6, Morris makes the same claims on Fox News’s Hannity, telling viewers: “Basically, from an economic standpoint, [Obama’s] repealed [the Declaration of Independence]. We no longer have economic sovereignty.” [New York Times, 4/3/2009] None of these claims are true, as Freeland tried to assert. The FSB has no cross-border authority and therefore no authority over American economic decisions. On April 3, the New York Times reports, “While the [G-20] leaders agreed to create a new Financial Stability Board to monitor the financial system for signs of risks, they stopped well short of giving regulators cross-border authority, something France has long advocated.” [New York Times, 4/3/2009; Media Matters, 4/7/2009]

Entity Tags: Fox News, Chrystia Freeland, Barack Obama, Dick Morris, Financial Stability Board, Timothy Geithner, Don Manzullo, New York Times, Kitty Pilgrim, Monica Crowley

Timeline Tags: Domestic Propaganda

Cliff Kincaid, the editor of the conservative Accuracy in Media, accuses President Obama of seeking to appoint an advocate of the “new world order” to the State Department. Kincaid is referring to Obama’s nomination of Yale Law School dean Harold Koh as legal adviser to the State Department. Kincaid says Koh’s nomination “is beyond worrisome. This is terrifying that—the thought of this kind of guy with these views becoming the top lawyer at the State Department. But seen in the light of the some of the other appointments Obama has made, it’s consistent with his push, which is now out in the open, for the US to become really subsumed into this, quote, ‘new world order’ that everybody keeps talking about, in which our sovereignty has been sacrificed for the, quote, ‘greater good.’” Kincaid is harking back to claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010). [Media Matters, 4/10/2009] Three days later, former Republican Senator Rick Santorum (R-PA) will say that Obama’s nomination of the “internationalist” Koh shows that Obama is “contemptuous of American values” (see April 9, 2009).

Entity Tags: US Department of State, Barack Obama, Harold Koh, Cliff Kincaid, Rick Santorum

Timeline Tags: Domestic Propaganda

Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston.Screenshot of Fox News promoting the ‘Tea Party’ rally in Houston. [Source: Fox News / Media Matters]Republican lawmakers announce their intention to join with right-wing protesters on April 15, 2009, in what is envisioned as a nationwide protest against the Obama administration’s tax policies. The primary organizers are the think tanks Americans for Prosperity and Freedom Works, and right-wing bloggers such as Michelle Malkin. They say that under President Obama, taxes are “too high” and freedoms are being “eroded.” They have also called for Obama’s impeachment and refer to him as “Obama bin Lyin” and other derogatory nicknames.
Republicans, Neo-Nazis, Secessionists Joining in 'Tea Party Protests' - Malkin has called the movement the “Tea Party Protests,” in an attempt to connect the protests with the American Revolution’s Boston Tea Party. Senator David Vitter (R-LA) is sponsoring legislation to honor the protests. Representatives David Davis (R-TN), Jason Chaffetz (R-UT), Rob Bishop (R-UT), Todd Tiahrt (R-KS), John Fleming (R-LA), Ander Crenshaw (R-FL), Bob Latta (R-OH), John Shadegg (R-AZ), Sue Myrick (R-NC), Bill Posey (R-FL), and Louie Gohmert (R-TX) will attend local protests, as will Governor Mark Sanford (R-SC) and former Representative J.D. Hayworth (R-AZ). Officials from Senator Bob Corker’s (R-TN) and Representative Sam Graves’s (R-MO) office will attend the rallies as well, and Representatives Denny Rehberg (R-MT), Jack Kingston (R-GA), and Tom Rooney (R-FL) are urging their constituents to attend tea party protests. Former House Speaker Newt Gingrich (R-GA), who heads American Solutions for Winning the Futures (ASWF) and who will speak at the New York City rally, is encouraging his supporters to join the protests, and has provided them with what he calls a “toolkit” of talking points. ASWF is funded by oil and energy interests, and led the recent “Drill Here, Drill Now” campaign. ASWF has been an official “partner” in the Tea Party campaign since March. The Tea Party Protests are being joined by gun rights militias, secessionists, and neo-Nazi groups.
Protests Orchestrated by Lobbyist Organizations and Promoted by Fox News - The protests are being heavily promoted on Fox News, which intends to hold all-day “news reports” on April 15 featuring several of its commentators, including Glenn Beck (see March 3, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren, live at different venues. Many of the protest organizers’ Web sites feature one or more of the Fox commentators as part of their promotion efforts (see October 13, 2009). Beck is one of several Fox commentators and hosts who claims that the protests are “grassroots” organizations “spontaneously” led by “ordinary people,” but in reality, the protests are being orchestrated by two lobbyist-run and lobbyist-organized organizations, Americans for Prosperity and Freedom Works. According to progressive news site Think Progress, “[t]he two groups are heavily staffed and well funded, and are providing all the logistical and public relations work necessary for planning coast-to-coast protests.” Freedom Works staffers are coordinating conference calls among protesters and working with conservative organizers to give them what it calls “sign ideas, sample press releases, and a map of events around the country” as well as guides featuring talking points and instructions on delivering a “clear message” to the public and the media. Freedom Works has set up numerous Web sites, some of which Think Progress claims are deliberately constructed to appear as the work of amateurs, to promote the protests. In Florida, Freedom Works took over the planning of events. Americans for Progress is writing press releases and planning events in New Jersey, Arizona, New Hampshire, Missouri, Kansas, and several other states. Think Progress calls these activities “corporate ‘astroturfing,’” which it defines as corporations’ attempts to orchestrate events appearing to be grassroots, citizen-led actions. Freedom Works is headed by former Texas Republican Representative Dick Armey, who is a lobbyist for the firm DLA Piper; Americans for Prosperity is headed by Tim Phillips, who is a former partner of right-wing activist Ralph Reed in the lobbying firm Century Strategies. Americans for Prosperity has organized numerous pro-oil company “grassroots” events. [Think Progress, 4/8/2009; Media Matters, 4/8/2009; Think Progress, 4/9/2009]

Spencer Bachus.Spencer Bachus. [Source: Chicago Tribune]US Representative Spencer Bachus (R-AL) tells a group of local leaders in Trussville, Alabama, “Some of the men and women I work with in Congress are socialists.” Asked to clarify his comment, Bachus tells a reporter that 17 members of the House of Representatives are socialists. [Birmingham News, 4/9/2009; Hill, 4/9/2009]
Only Names One of 17 - When pressed, Bachus only names one of his “socialists”—Representative Bernie Sanders (I-VT), who has repeatedly recommended that the US adopt a program of “democratic socialism” similar to some practiced in Scandinavian countries. He refuses to name the other 16. Sanders asks rhetorically: “Has Spencer released his list yet? Everybody’s waiting with bated breath.” He adds, “I think at the very least he has to tell people what his definition of socialism is—and I think, yeah, he should tell us who he was referring to, who’s on the list.”
Possible Reference to Congressional Progressive Caucus - Many Congressional staffers and advisers believe that Bachus is referring to some members of the Congressional Progressive Caucus, a left-leaning coalition of 77 House members founded by Sanders in the early 1990s. Although the caucus has not espoused socialism in any form, it does advocate reduced military spending, universal health care, and higher taxes on the rich. Right-wing groups have long labeled the caucus’s agenda as “fringe-left socialism”; one hard-right pundit, WorldNetDaily’s Joseph Farah, has called the caucus “Congress’s very own Red Army… marching the nation inevitably toward its self-proclaimed socialist ideal.”
Differing Definitions - Politico’s Glenn Thrush writes that the term “socialism” has different meanings for different people. “To many on the left, it’s a relatively benign—if outdated—term, representing an activist, interventionist government that prioritizes economic security over the unfettered freedom of the marketplace. To many on the right, it’s practically an epithet—suggesting a return to Soviet-style Communism or a leap toward a hyper-regulated European brand of capitalism that stifles innovation and hikes taxes. It’s safe to say that more people in Bachus’s suburban Birmingham district—the most GOP-tilting seat in the country, according to the Cook Political Report—view socialism as a bad, bad thing.”
Mixed Reactions - Doug Thornell, speaking for Representative Chris Van Hollen (D-MD), says of Bachus’s accusation: “House Republicans’ solution to the current economic crisis is to launch head-scratching, ‘50s-style accusations against unidentified members of Congress. Next thing you know they’ll be going after beatniks and calling for the auto industry to bring back the Edsel.… With all the challenges we face, it’s stunning this is what Republicans are talking about. They sound like a broken record of GOP low points from the 2008 campaign.” Erin Kanoy of the Heritage Foundation is glad Bachus “called out” his colleagues, saying: “I think that people expressing where they see someone on the political spectrum has tended to be an off-limits thing and very politically incorrect—but sometimes I think you’ve got to call a spade a spade. If Bachus believes members of Congress are part of this movement, he should be able to say it.… He’s really reflecting a much larger frustration with the landslide of legislation that we’ve had coming at us that seems to be marching towards socialist government.” Conservative activist Grover Norquist agrees with Bachus’s position, but says he should not have gotten into the subject of lists. “We shouldn’t get into a labeling thing with the other side,” Norquist says. “We shouldn’t call them socialists—we should call them stupid because they are spending all this money we don’t have.” Sanders notes that conservatives tried to tar Barack Obama with similar accusations: “They said a lot of this stuff about Obama during the [presidential] campaign, calling him a socialist, and trying to instill fear in people” (see August 1, 2008 and After, October 10, 2008, October 27, 2008, and March 5, 2009). Many progressive and liberal bloggers have accused Bachus of launching an attack on Democrats worthy of the McCarthyite “Red scare” of the 1950s. [Washington Post, 4/10/2009; Politico, 4/14/2009]
Defending Socialism, Decrying 'Scare Tactics' - In an op-ed for the Huffington Post, Sanders writes: “I doubt that there are any other socialists, let alone 17 more, in all of the Congress. I also respectfully doubt that Spencer Bachus understands much about democratic socialism.… At its worst, Washington is a place where name-calling partisan politics too often trumps policy.… [B]randing someone as a socialist has become the slur du jour by leading lights of the American right from Newt Gingrich to Rush Limbaugh. Some, like Mike Huckabee, intentionally blur the differences between socialism and communism, between democracy and totalitarianism. ‘Lenin and Stalin would love this stuff,’ Huckabee told last winter’s gathering of the Conservative Political Action Conference. If we could get beyond such nonsense, I think this country could use a good debate about what goes on here compared to places with a long social-democratic tradition like Sweden, Norway, and Finland, where, by and large, the middle class has a far higher standard of living than we do.… [W]e should be prepared to study and learn from the successes of social democratic countries. Name-calling and scare tactics just won’t do.” [Huffington Post, 4/22/2009]

Entity Tags: Congressional Progressive Caucus, Spencer Bachus, Chris Van Hollen, Barack Obama, Bernie Sanders, Newt Gingrich, Rush Limbaugh, Joseph Farah, Doug Thornell, Conservative Political Action Conference, Erin Kanoy, Mike Huckabee, Grover Norquist, Glenn Thrush

Timeline Tags: Domestic Propaganda, 2010 Elections

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). [Media Matters, 4/13/2009]

Entity Tags: Glenn Beck, Neil Cavuto, Bill Hemmer, Fox Nation, Sean Hannity, Fox News, Greta Van Susteren

Timeline Tags: Domestic Propaganda

One of Hayden’s Twitter posts.One of Hayden’s Twitter posts. [Source: Twitteradar (.com)]Daniel Knight Hayden, an Oklahoma man who has declared himself affiliated with local tea party organizations and the “Oath Keeper” movement (see March 9, 2009 and March 2010), is arrested by FBI agents after posting a series of messages on Twitter threatening to unleash a violent attack on Oklahoma state government officials on April 15, “Tax Day.” On April 13, under the moniker “CitizenQuasar,” Hayden began posting a blizzard of “tweets” about his intention to be on the Oklahoma State Capitol steps on the 15th, at first as part of a peaceful tea party event, then escalating into harsher rhetoric, and eventually threats of violence. On April 14, he wrote: “Tea Parties: And Poot Gingrich wants to stand in the limelight. He is a NWO operative,” referring to former Republican House Speaker and tea party favorite Newt Gingrich, and accusing him of being an “operative” for the “New World Order” (see September 11, 1990). Towards midnight of April 14, Hayden begins the following series of posts: “Maybe it’s time to die. Let’s see if I can video record the Highway Patrol at the entrance to the Oklahoma State Capitol.” “While trying to inform them of Oath Keepers” (and links to the Oath Keepers blog). “And post it on the internet. Since i live on this sorry f_cking state,that is as good a place as ANY to die and start a WAR. WEshallsee.” “I WISH I had someone to watch my back with MY camera.” “AND, no matter WHAT happens, to post it on the internet IMMEDIATELY, AND send it to Alex Jones!!!!!!!!!!!!” (referring to radio talk show host Alex Jones). “Damnit!” “Alas… WE SHALL see the TRUTH about this sorry f_cking state!!!!!!!” After a few more posts, Dyer begins posting direct threats of violence (later removed from the Twitter account, but presented in the FBI affidavit). “The WAR wWIL start on the stepes of the Oklahoma State Capitol. I will cast the first stone. In the meantime, I await the police.” “START THE KILLING NOW! I am wiling to be the FIRST DEATH! I Await the police. They will kill me in my home.” “After I am killed on the Capitol Steps like REAL man, the rest of you will REMEMBER ME!!!” “I really don’ give a sh_t anymore. Send the cops around. I will cut their heads off the heads and throw the on the State Capitol steps.” Hayden is taken into custody before he can go to the Capitol building, and arrested for transmitting threats to kill or injure people using interstate communication tools over the Internet. FBI agent Michael Puskas confirms that Dyer posted under the moniker “CitizenQuasar,” and says Dyer also has MySpace and Blogger accounts under similar monikers. Wired magazine says it “appears to be [the] first criminal prosecution to stem from posts on the microblogging site,” and calls Dyer’s MySpace page “a breathtaking gallery of right-wing memes about the ‘New World Order,’ gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.” Dyer will be arraigned on April 16 and ordered released to a halfway house, a move the Associated Press reports as suggesting “the magistrate judge does not consider him a genuine threat.” [Wired News, 4/24/2009; Associated Press, 4/26/2009] Posters on the conservative blog Free Republic, commenting on Hayden’s arrest, label him a “leftist” who intended to kill tea party protesters, a contention they say is proven by Hayden’s vows to seek revenge for the government’s execution of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One poster writes: “Hayden appears to be one of those mixtures of far out ideologies. On one hand he seems to support nazism but accused Obama of using mind control.” [Free Republic, 4/24/2009]

Entity Tags: Wired News, Federal Bureau of Investigation, Daniel Knight Hayden, Free Republic, Newt Gingrich, Michael Puskas, Oath Keepers

Timeline Tags: US Domestic Terrorism

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]

Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey

Timeline Tags: Domestic Propaganda, 2010 Elections

ProPublica reporter Dafna Linzer discovers that one of the CIA torture memos released on this day by the Obama administration (see April 16, 2009) inadvertently identifies one of the so-called CIA “ghost detainees” being held in an agency “black site.” The May 30, 2005 memo from the Justice Department’s Office of Legal Counsel (see May 30, 2005) was redacted before its release, but it identifies one detainee as “Gul.” This apparently refers to Hassan Ghul, arrested in northern Iraq in early 2004 (see January 23, 2004). At the time of his capture, President Bush stated: “Just last week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. Hassan Ghul reported directly to Khalid Shaikh Mohammed, who was the mastermind of the September 11 attacks. He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” US officials, including then-CIA Director George Tenet, described Ghul as an al-Qaeda facilitator who delivered money and messages to top leaders. Those were the last references any US official made to him, except a brief reference in the 9/11 Commission report, which noted that Ghul was in “US custody.” The CIA has never acknowledged holding Ghul. In late 2006, human rights groups were surprised when Ghul was not one of a group of 14 “high-value” detainees sent from secret CIA prisons to Guantanamo (see September 2-3, 2006). Since then, Ghul has been considered a missing, or “ghost” detainee (see June 7, 2007). The May 30 memo notes that he was one of 28 CIA detainees who were subjected to “enhanced interrogation techniques.” It says that he was subjected to the following interrogation methods: “facial hold,” “facial slap,” “stress positions,” “sleep deprivation,” “walling,” and the “attention grasp.” There is no mention in the unredacted portions of the memo as to when or where Ghul was in CIA custody, or where he is today. [ProPublica, 4/16/2009] Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).

Entity Tags: Office of Legal Counsel (DOJ), Hassan Ghul, Khalid Shaikh Mohammed, Dafna Linzer, Central Intelligence Agency, Al-Qaeda, Obama administration, George J. Tenet, George W. Bush

Timeline Tags: Torture of US Captives

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Congressional Quarterly reporter Jeff Stein publishes an article alleging that House Democrat Jane Harman (D-CA) was captured on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department to reduce espionage charges against two officials of the American Israel Public Affairs Committee (AIPAC—see October 2005). The offer was allegedly made in return for AIPAC’s help in Harman’s attempt to gain the chairmanship of the House Intelligence Committee (see Summer 2005). Stein’s sources say the wiretap was approved by a federal court as part of an FBI investigation into illegal Israeli covert actions in Washington. Stein also reports on accusations that the FBI investigation into Harman’s activities was halted by then-Attorney General Alberto Gonzales in return for Harman’s support for the Bush administration’s warrantless wiretapping program (see Late 2005). In a statement, Harman says the allegations are false. “These claims are an outrageous and recycled canard, and have no basis in fact,” she says through a spokesman. “I never engaged in any such activity. Those who are peddling these false accusations should be ashamed of themselves.” [Congressional Quarterly, 4/19/2009] Harman’s chief of staff, John Hess, later tells reporters that Stein’s story “recycles three-year-old discredited reporting of largely unsourced material to manufacture a ‘scoop’ out of widely known and unremarkable facts—that Congresswoman Jane Harman is and has long been a supporter of AIPAC, and that some members of AIPAC regarded her as well qualified to chair the House Intelligence Committee following the 2006 elections.” Hess adds, “If there is anything about this story that should arouse concern, it is that the Bush administration may have been engaged in electronic surveillance of members of the Congressional intelligence committees.” [Roll Call, 4/21/2009]
Explanation of Harman's Failure to Ascend - According to Stein, “[s]uch accounts go a long way toward explaining not only why Harman was denied the gavel of the House Intelligence Committee (see December 2, 2006), but failed to land a top job at the CIA or Homeland Security Department in the Obama administration.” [Congressional Quarterly, 4/19/2009]
Bipartisan Corruption - Both Congressional Democrats and their Republican colleagues are remarkably silent on the charges, which, if true, would taint both a high-ranking Congressional Democrat and a former Republican attorney general. “The whole thing smells, and nobody’s hands are clean,” says an aide to a senior Democratic lawmaker. Conservative scholar Norman Ornstein of the American Enterprise Institute says, “I don’t think anybody wants to touch it.” Ornstein, who says he knows Harman “very well,” calls the charges a “big embarrassment,” but notes that he would be “very surprised” if the charges proved to be true. The political watchdog group Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation. CREW executive director Melanie Sloan says, “If Rep. Harman agreed to try to influence an ongoing criminal investigation in return for help securing a committee chairmanship, her conduct not only violates federal law and House rules, but also her oath to uphold the Constitution.” [Roll Call, 4/21/2009]

Entity Tags: John Hess, Federal Bureau of Investigation, Citizens for Responsibility and Ethics in Washington, Central Intelligence Agency, American Israel Public Affairs Committee, Alberto R. Gonzales, House Intelligence Committee, Jeff Stein, US Department of Homeland Security, Jane Harman, Norman Ornstein, National Security Agency, Melanie Sloan, Obama administration

Timeline Tags: Civil Liberties

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Timeline Tags: Torture of US Captives

The Senate Armed Services Committee releases a report showing that CIA and Pentagon officials explored ways to “break” Taliban and al-Qaeda detainees in early 2002, eight months before the Justice Department issued its “golden shield” memo (see August 1, 2002) approving the use of waterboarding and nine other methods of interrogation that most legal observers believe amount to torture. The report, under Pentagon review since before its release, focuses solely on military interrogations, and not on interrogations carried out by CIA officers and contractors; it rejects claims by former Defense Secretary Donald Rumsfeld and other Bush administration officials that Pentagon policies played no role in the torture of prisoners in US custody. Committee chairman Carl Levin (D-MI) says the report shows a direct link between early Bush administration policy decisions and the torture and abuse of detainees. “Senior officials sought out information on, were aware of training in, and authorized the use of abusive interrogation techniques,” Levin says. “Those senior officials bear significant responsibility for creating the legal and operational framework for the abuses. The paper trail on abuse leads to top civilian leaders, and our report connects the dots. This report, in great detail, shows a paper trail going from that authorization” by Rumsfeld “to Guantanamo to Afghanistan and to Iraq.” [Senate Armed Services Committee, 11/20/2008 pdf file; New York Times, 4/21/2009; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009]
Torture Policies Driven from Top - One of the report’s findings is that top Bush administration officials, and not a “few bad apples” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere. Levin says in a statement that the report proves that such claims “were simply false.” He adds that the report is “a condemnation of both the Bush administration’s interrogation policies and of senior administration officials who attempted to shift the blame for abuse—such as that seen at Abu Ghraib, Guantanamo Bay, and Afghanistan—to low-ranking soldiers.” [Senate Armed Services Committee, 11/20/2008 pdf file; Washington Post, 4/22/2009] The report adds details to the material already released that showed Bush officials, particularly those in the Offices of the Vice President and Defense Secretary, pushed for harsher and more brutal interrogation techniques to be used during the run-up to war with Iraq, in hopes that results might prove the link between Iraq and al-Qaeda that administration officials had long touted (see December 11, 2008). Levin says: “I think it’s obvious that the administration was scrambling then to try to find a connection, a link [between al-Qaeda and Iraq]. They made out links where they didn’t exist.” Senior Guantanamo interrogator David Becker confirmed that only “a couple of nebulous links” between al-Qaeda and Iraq were uncovered during interrogations of unidentified detainees. [McClatchy News, 4/21/2009]
Ignored Warnings that Torture Techniques Worthless, Illegal - The report, released in classified form in December 2008 (see December 11, 2008), also documents multiple warnings from legal sources and trained interrogation experts that the techniques could backfire, producing false and erroneous intelligence, and might violate US and international law. One Army lieutenant colonel warned in 2002 that coercion “usually decreases the reliability of the information because the person will say whatever he believes will stop the pain,” according to the Senate report. Another official, after being briefed on plans to use “extreme methods” on detainees, asked, “Wouldn’t that be illegal?” [Senate Armed Services Committee, 11/20/2008 pdf file; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009]
Torture Methods Became Procedures at Detention Sites - Instead of being abandoned, the methods became the basis for harsh interrogations at Guantanamo, Abu Ghraib, Bagram, and other US detention facilities around the world, including the CIA’s so-called “black sites.” [Senate Armed Services Committee, 11/20/2008 pdf file; Washington Post, 4/22/2009]
White House Officials Ignorant of SERE Techniques - The report—261 pages long and with almost 1,800 footnotes—documents how techniques from a US military training program called Survival, Evasion, Resistance, and Escape (SERE) were adapted for use against detainees. SERE trains US soldiers to resist harsh interrogation methods if captured by an enemy that does not observe the Geneva Conventions’ ban on torture. The military’s Joint Personnel Recovery Agency (JRPA) reverse-engineered SERE methods to use against detainees (see December 2001). Other tactics, such as waterboarding, were culled from methods used by Chinese Communists against US soldiers captured during the Korean War (see July 2002). [Senate Armed Services Committee, 11/20/2008 pdf file; Agence France-Presse, 4/21/2009; Washington Post, 4/22/2009] According to the report, Bush White House officials seemed unaware of the Chinese Communist origins of the SERE tactics, and were apparently unaware that veteran SERE trainers insisted that the methods were useless for getting reliable information from a prisoner. Moreover, the former military psychologist who recommended that the CIA adopt SERE techniques “had never conducted a real interrogation.” One CIA official called the process “a perfect storm of ignorance and enthusiasm.” Bush administration officials also ignored concerns raised by military legal experts over the efficacy and legality of the techniques (see November 2002).
Torture Policies Directly Responsible for Abu Ghraib Scandal - The Armed Service Committee concludes that the abuses at Abu Ghraib were a direct result of the Bush torture policies. It writes: “The abuses of detainees at Abu Ghraib in late 2003 was not simply the result of a few soldiers acting on their own.… Rumsfeld’s December 2, 2002 authorization of aggressive interrogation techniques and subsequent interrogation policies and plans approved by senior military and civilian officials (see December 2, 2002) conveyed the message that physical pressures and degradation were appropriate treatment for detainees in US custody.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: Carl Levin, Central Intelligence Agency, Senate Armed Services Committee, Donald Rumsfeld, US Department of Defense, Geneva Conventions, Joint Personnel Recovery Agency, Bush administration (43)

Timeline Tags: Torture of US Captives

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Liz Cheney, a former State Department official and the daughter of former Vice President Dick Cheney, defends the Bush administration’s practices of torture by denying that anything authorized by the administration was, in fact, torture. Cheney, interviewed on MSNBC, is responding to the issues raised by the recent Senate Armed Services Committee report on Bush-era torture policies (see April 21, 2009). “The tactics are not torture, we did not torture,” she says. To bolster her denial, Cheney says that the tactics are not torture because they were derived from training methods employed in the SERE program (see December 2001, January 2002 and After, and July 2002). “Everything that was done in this program, as has been laid out and described before, are tactics that our own people go through in SERE training,” Cheney says. “We did not torture our own people. These techniques are not torture.” Progressive news Web site Think Progress notes that in the May 30, 2005 torture memo (see May 30, 2005), then-Justice Department official Steven Bradbury wrote, “Individuals undergoing SERE training are obviously in a very different situation from detainees undergoing interrogation; SERE trainees know it is part of a training program, not a real-life interrogation regime, they presumably know it will last only a short time, and they presumably have assurances that they will not be significantly harmed by the training.” [Think Progress, 4/23/2009]

Entity Tags: Bush administration (43), Steven Bradbury, Senate Armed Services Committee, Elizabeth (“Liz”) Cheney

Timeline Tags: Torture of US Captives

Jordan’s King Abdullah, during an interview on NBC, says the US indeed tortured prisoners during the last administration. “Well, from what we’ve seen and what we’ve heard, there are enough accounts to show that this is the case,” Abdullah says. Interviewer David Gregory says: “That’s an important point. You actually do believe that the United States engaged in torture.” Abdullah responds, “What I see on the press… shows that there were illegal ways of dealing with detainees.” [Think Progress, 4/25/2009]

Entity Tags: David Gregory, Abdullah II ibn al-Hussein

Timeline Tags: Torture of US Captives

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

The CIA tortured and brutalized prisoners for at least seven years without attempting to assess whether such tactics actually resulted in the acquisition of good intelligence, the press reports. Calls to conduct such an assessment of the agency’s “enhanced interrogation techniques” began as early as 2003, when the CIA’s inspector general began circulating drafts of a report that raised serious concerns about the various torture techniques being employed (see May 7, 2004). Neither the inspector general’s report or later studies examined the effectiveness of the interrogation tactics, or attempted to verify the assertions of CIA counterterrorism officials who insisted that the techniques were essential to the program’s results. “Nobody with expertise or experience in interrogation ever took a rigorous, systematic review of the various techniques—enhanced or otherwise—to see what resulted in the best information,” says a senior US intelligence official involved in overseeing the interrogation program. As a result, there was never a determination of “what you could do without the use of enhanced techniques,” the official says. Former Bush administration officials say the failure to conduct such an examination was part of a broader reluctance to reexamine decisions made shortly after the 9/11 attacks. The Defense Department, Justice Department, and CIA “all insisted on sticking with their original policies and were not open to revisiting them, even as the damage of these policies became apparent,” according to John Bellinger, then the legal advisor to former Secretary of State Condoleezza Rice, referring to burgeoning international outrage. “We had gridlock,” Bellinger says, calling the failure to consider other approaches “the greatest tragedy of the Bush administration’s handling of detainee matters.” [Los Angeles Times, 4/25/2009]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Justice, John Bellinger, US Department of Defense

Timeline Tags: Torture of US Captives

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Timeline Tags: Torture of US Captives

Following the release of a set of Bush administration memos about torture (see April 16, 2009) and the discovery that militant training camp facilitator Abu Zubaida was waterboarded 83 times in one month (see April 18, 2009), some commentators recall comments made by former CIA officer John Kiriakou.
Kiriakou's Media Blitz - In late 2007, shortly after the CIA admitted destroying videos of Zubaida (see November 2005 and December 6, 2007), Kiriakou toured media outlets, saying that Zubaida had only been waterboarded once (see December 10, 2007 and December 11, 2007). New York Times reporter Brian Stelter writes the most comprehensive treatment of Kiriakou’s “media blitz,” in an article entitled “How ‘07 ABC Interview Tilted a Torture Debate.” He points out that Kiriakou’s claim of only one waterboarding was “repeated by dozens of broadcasts, blogs, and newspapers” and “quickly ricocheted around the media.” This despite the fact that Kiriakou was not present at the black site where Zubaida was interrogated, and only learned of his treatment from reading accounts from the field. This injected the claim of one waterboarding into the public debate without the CIA having to make it itself. When asked about the false claim, CIA spokesman Paul Gimigliano replies: “This agency did not publicly disclose the frequency with which the waterboard was used, noting only that it was employed with three detainees. If reporters got that wrong, they weren’t misled from here.”
Waterboarding Was Necessary - In addition, Kiriakou said that at the time it did produce results and he had thought it was necessary then, statements that were repeated and amplified around the media. The net effect of his interjection in the debate was to make the torture seem much less harsh than it really was, diverting criticism away from the CIA. [New York Times, 4/28/2009]
CIA Media Plant? - Numerous other commentators will make similar points. For example, in a piece entitled “John Kiriakou: CIA Media Plant?” Foreign Policy magazine commentator Annie Lowery says: “It all seems a bit strange to me, and leads to one obvious possibility: John Kiriakou—telegenic and well-spoken John Kiriakou, who never went to jail for blasting state secrets on television—was told the story to tell and released onto an unsuspecting public. It’s an impression the CIA will have difficulty dulling now.” [Foreign Policy, 4/28/2009]
Kiriakou Admits He Was Wrong - In 2010, Kiriakou will publish a book and in it he will mention in passing that his earlier claims were wrong. He did not take part in Zubaida’s interrogation and he was wrong about Zubaida being only waterboarded one time, and about him freely confessing afterwards. He will claim that he was a dupe used by the CIA to promote disinformation, writing, “In retrospect, it was a valuable lesson in how the CIA uses the fine arts of deception even among its own.” [Foreign Policy, 1/26/2010]

Entity Tags: John Kiriakou, Paul Gimigliano, Brian Stelter, Central Intelligence Agency, Annie Lowery

Timeline Tags: Complete 911 Timeline

Conservative columnist and political activist Jonathan Moseley writes an article for his blog US News and Views that asserts President Obama is, and always has been, a “closet Muslim.” This assertion has been made numerous times by conservative opponents of Obama, and has been thoroughly debunked (see October 1, 2007, December 19, 2007, Before October 27, 2008, January 11, 2008, Around March 19, 2008, and April 18, 2008). Moseley accuses the national news media of “acting as the palace guard for ‘Dear Leader’ Barack Obama” and refusing to report what he calls “the truth” of Obama’s “secret Muslim” beliefs. Apparently, Moseley’s primary evidence is a February 2007 interview with New York Times columnist Nicholas Kristof, where Obama recited the Muslim call to prayer and called it “one of the prettiest sounds on earth at sunset.” Moseley calls the Muslim call to prayer “screeching,” and says no one who listened to it would believe it to be beautiful “without enormous indoctrination into Islam.” Obama says he learned the call to prayer as a child, when he attended school in Indonesia. According to Moseley, the recitation of the call to prayer “makes one a Muslim. The words express a Muslim’s complete acceptance of, and total commitment to, the message of Islam.… Having attended Islamic religion classes, Obama knows this.” Moseley also cites as “evidence” a false claim that in April 2009, Obama demanded that “Georgetown University cover up the name of Jesus in a campus hall before” he would give a speech there. And, he says, at a recent economic summit, Obama “bowed reverently to Saudi Arabia’s King Abdullah,” but did not bow to Queen Elizabeth of England; Mosely writes that “a Muslim would instinctively give reverence to” the king of Saudi Arabia, but would not bow to the Queen of England, who, he writes, “is technically the head of the Church of England. Obama did not bow to the royal queen who is guardian of the world’s first and oldest Protestant Christian Church.” Moseley incorrectly calls Queen Elizabeth a “head of state” equal to the king of Saudi Arabia; in reality, Elizabeth is queen in title only, with the real head of the British government being the prime minister. Moseley states falsely that Obama “was raised as a Muslim,” citing the fact that his biological father was Muslim as well as his stepfather Lolo Soetoro (see October 28, 2008), and falsely states that Obama’s stepfather enrolled him in school under the name “Barry Soetoro” (see June 27, 2008, August 21-24, 2008, and Shortly Before June 28, 2010). Moseley even claims: “Since Obama changed his name back from Barry Sotero [an alternate spelling of ‘Soetoro’], he could have legally removed [his middle name] ‘Hussein’ in the process had he wished to. He did not.” This, Moseley claims, is further proof of Obama’s Muslim status. Moseley says that Obama has been masquerading as a Christian for over 20 years, ever since his “profess[ed]” conversion to Christianity at Trinity United Church of Christ in Chicago (see January 6-11, 2008), but dismisses Trinity United as “little more than a left-wing political club” and not a real church. And, Moseley says, Obama incorrectly claimed he had been to “57 states” on the presidential campaign trail, and cites this as evidence of Obama’s “closet Muslim” status, noting that there are 57 “states” in the Organization of Islamic Conference. “So the number of Islamic OIC states appears to have sprung more readily to Obama’s mind than the 50 states of the USA,” he writes. [Jonathan Moseley, 4/29/2009; The British Monarchy, 2011] Obama said after that statement that he had misstated both the number of states and the number of victims of a cyclone in Myanmar in that speech, and blamed fatigue for his misstatement; there are also less than 57 members in the OIC. [Snopes (.com), 7/1/2009] Moseley will later become a senior campaign aide to Christine O’Donnell (R-DE) in her unsuccessful bid for the Senate (see September 13, 2010); O’Donnell’s campaign will assert that Obama is a Muslim, and both O’Donnell and Moseley will assert that Obama, like other Democrats, is a secret Communist. [Mother Jones, 9/20/2010]

Entity Tags: Trinity United Church of Christ, Barack Obama, Christine O’Donnell, Jonathan Moseley

Timeline Tags: Domestic Propaganda

Ali Saleh Kahlah al-Marri, a Qatari held without charge for seven years by the Bush administration on suspicion of being an al-Qaeda sleeper agent (see December 12, 2001 and June 23, 2003), pleads guilty to one felony count of providing material support to a terrorist organization. Al-Marri was released from the Naval Brig in Charleston on order of the Obama administration’s Justice Department and charged with multiple counts of supporting terrorism (see February 27, 2009). He faces up to 15 years in prison. Until accepting the plea, al-Marri has always denied any connection with al-Qaeda or with Islamist terrorism. Attorney General Eric Holder says of the al-Marri plea: “Without a doubt, this case is a grim reminder of the seriousness of the threat we as a nation still face. But it also reflects what we can achieve when we have faith in our criminal justice system and are unwavering in our commitment to the values upon which the nation was founded and the rule of law.” Lawrence Lustberg, one of al-Marri’s lawyers, says his client agreed to the plea bargain “because he wanted to go home,” and because of fears that a jury trial might end up with al-Marri serving 30 years and not a maximum of 15. (Holder rejected earlier plea deals, insisting that al-Marri serve at least 15 years in prison.) Court papers show that al-Marri was an al-Qaeda agent, with close ties to alleged 9/11 plotter Khalid Shaikh Mohammed. Al-Marri admitted to attending al-Qaeda training camps between 1998 and 2001, and to coming to the US at Mohammed’s direction (see September 10, 2001). The plan was for al-Marri to stay in contact with Mohammed using code names—al-Marri was “Abdo” and Mohammed was “Muk,” apparently short for his nickname “Mukhtar” (see August 28, 2001)—and a Hotmail email account. Documents confirming this were found at an al-Qaeda safe house in Pakistan. Al-Marri’s attempts to contact both Mohammed and al-Qaeda financier Mustafa al-Hawsawi after the 9/11 attacks were unsuccessful. Al-Marri also conducted research on the effects of cyanide gas, and on potential targets for terrorist attacks, including waterways, dams, and tunnels. Al-Marri’s plea agreement says that he will be deported to Saudi Arabia or Qatar when his sentence is completed, or perhaps sooner. The judge in the case, Michael Mihm, has not yet ruled whether al-Marri will be given credit for the seven years he served in the Charleston brig. [Politico, 4/30/2009; New York Times, 4/30/2009; US Newswire, 4/30/2009]

Entity Tags: Eric Holder, Ali Saleh Kahlah al-Marri, Al-Qaeda, Bush administration (43), Khalid Shaikh Mohammed, Lawrence Lustberg, US Department of Justice, Michael Mihm

Timeline Tags: Torture of US Captives

Federal prosecutors drop all charges against two former lobbyists accused of passing classified information to Israel (see August 4, 2005). The lobbyists, Steven Rosen and Keith Weissman, worked for the American Israel Public Affairs Committee (AIPAC) when they took classified information from former government official Larry Franklin and passed it to Israeli officials (see April 13, 1999-2004 and October 5, 2005). The case against Rosen and Weissman had the potential to criminalize the exchange of classified information among journalists, lobbyists, and ordinary citizens not bound by government restrictions. “Thank God we live in a country where you can defend yourself against an injustice like this,” says Rosen. He calls the case an example of government officials “who have an obsession with leaks (see May 21, 2006)… and an obsession with Israel and the theory that it spies on America.” The lawyers for the two former lobbyists believe that Obama administration officials had reservations about the case where their predecessors in the Bush administration did not, but former FBI counterintelligence official David Szady says that politics played no part in the decision to withdraw the charges. Prosecutors say that recent court rulings would make winning their case much more difficult than they had previously anticipated. Gary Wasserman, a Georgetown University professor who is writing a book about the case, says it is understandable that AIPAC welcomes the dismissal. A trial, he says, “would have provoked a lot of public discussion about how they worked.” [Washington Post, 5/2/2009]

Entity Tags: David Szady, American Israel Public Affairs Committee, Bush administration (43), Steven Rosen, Obama administration, Keith Weissman, Larry Franklin, Gary Wasserman

Timeline Tags: US confrontation with Iran

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” [National Public Radio, 5/4/2009]
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. [Psychoanalysts for Peace and Justice, 5/4/2009]

Entity Tags: James Elmer Mitchell, Bruce Jessen, Bryce Lefever, Stephen Soldz

Timeline Tags: Torture of US Captives

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

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