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Context of 'December 9-12, 1995: Bojinka Plotter Arrested in Malaysia, Rendered to US'

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The US government no longer thinks al-Qaeda is behind the anthrax attacks (see October 5-November 21, 2001). The Washington Post reports in a front-page story: “Top FBI and CIA officials believe that the anthrax attacks… are likely the work of one or more extremists in the United States who are probably not connected to Osama bin Laden’s al-Qaeda terrorist organization, government officials said yesterday.” An unnamed senior official adds, “Everything seems to lean toward a domestic source… Nothing seems to fit with an overseas terrorist type operation.” The Post suggests neo-Nazi and/or right-wing hate groups could be behind it. [Washington Post, 10/27/2001] Not long after, the FBI releases a profile of the perpetrator of the anthrax attacks. He is suspected of being a lone, male domestic terrorist, with a scientific background and laboratory experience who could handle hazardous materials. [St. Petersburg Times, 11/10/2001]

Entity Tags: Central Intelligence Agency, Osama bin Laden, Federal Bureau of Investigation, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions.
Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.”
A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.”
Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [Savage, 2007, pp. 134-135]

Entity Tags: Patrick F. Philbin, Bush administration (43), Bradford Berenson, Charlie Savage, George W. Bush, US Department of State, David S. Addington, Richard (“Dick”) Cheney, Timothy E. Flanigan

Timeline Tags: Civil Liberties

Juma al-Dosari.Juma al-Dosari. [Source: PBS]In November 2001, al-Qaeda operative Juma al-Dosari is captured in Afghanistan. He is soon transferred to the Guantanamo prison. During interrogation in the spring of 2002, he reveals several aliases and that he was trying to recruit a group of US citizens in New York state known as the “Lackawanna Six.” Based on the aliases, US intelligence realizes they have already intercepted communications between him and Osama bin Laden’s son Saad bin Laden, and also him and al-Qaeda leader Khallad bin Attash. They learn he has a long history with al-Qaeda, having fought in Afghanistan, Bosnia, and Chechnya. He was arrested in Kuwait and Saudi Arabia on different occasions for involvement in the 1996 Khobar Towers bombings (see June 25, 1996). He first went to the US in 1999, staying several months in Indiana. Then he got a job at a mosque in Bloomington, Indiana, in the autumn of 2000. He began traveling around the US as a visiting imam, but investigators believe this was just his cover while he worked to recruit for al-Qaeda. In April 2001, he visited Buffalo, New York, and helped convince the “Lackawanna Six” to go to Afghanistan (see April-August 2001). He left the US for Afghanistan in late September 2001. The FBI gets this information in May 2002 and begins monitoring the “Lackawanna Six,” as they are all back in the US. Investigators suspect al-Dosari recruited others in other cities, but they do not know who. [PBS Frontline, 10/16/2003; PBS Frontline, 10/16/2003] In 2007, al-Dosari will be released from Guantanamo without explanation and set free in Saudi Arabia (see July 16, 2007).

Entity Tags: Federal Bureau of Investigation, Khallad bin Attash, Juma al-Dosari, Saad bin Laden

Timeline Tags: Complete 911 Timeline

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

Gary Berntsen, leader of the CIA effort in Afghanistan, names the four most wanted terrorist suspects in Afghanistan at a meeting of his team. They are al-Qaeda leader Osama bin Laden, his second in command Ayman al-Zawahiri, al-Qaeda military commander Mohammed Atef, and Khalid Shaikh Mohammed (KSM). Berntsen places one of his subordinates in charge of these four men, giving orders to “find and kill” them. Berntsen also wants the Taliban’s top three intelligence officials killed. [Berntsen and Pezzullo, 2005, pp. 114] While the connections between the other three and al-Qaeda are well known by this time, the US government apparently first develops information indicating KSM is the mastermind behind 9/11 during FBI questioning of military training camp facilitator Abu Zubaida around April 2002. [New York Times, 4/22/2009] However, KSM is an known terrorist and one of the top 22 fugitives named by the FBI the previous month (see October 10, 2001).

Entity Tags: Khalid Shaikh Mohammed, Ayman al-Zawahiri, Gary Berntsen, Mohammed Atef, Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [New York Times, 11/8/2001]

Entity Tags: George W. Bush

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

William J. Haynes.William J. Haynes. [Source: US Defense Department]William J. Haynes, Defense Secretary Donald Rumsfeld’s general counsel, shows a draft of a presidential order establishing military commissions to Colonel Lawrence J. Morris, a judge advocate general (JAG) attorney with strong experience in military justice and the laws of war. Morris heads a Pentagon legal team that has so far been excluded from the discussion on how suspected terrorists should be prosecuted. Col. Morris is given just 30 minutes to read the draft but is not allowed to keep a copy or even take notes. The next day, the Army’s Judge Advocate General, Major General Thomas J. Romig, hastily convenes a meeting of Pentagon lawyers to prepare suggestions for improvement, with an eye on bringing the order closer to existing military legal standards. The final order, however, includes none of the lawyer’s recommendations. “They hadn’t changed a thing,” a military official will later recall. [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: Lawrence J. Morris, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [White House, 11/13/2001; Savage, 2007, pp. 138; Washington Post, 6/24/2007]
Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [Unger, 2007, pp. 221-222]
No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief.
Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [White House, 11/13/2001; Unger, 2007, pp. 221-222; Washington Post, 6/24/2007]
Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [Unger, 2007, pp. 223-224]

Entity Tags: Stuart W. Bowen, Office of Legal Counsel (DOJ), Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper

Timeline Tags: Civil Liberties

Asif Kasi.Asif Kasi. [Source: New York Times / Jessica Kourkounis]The FBI investigates three Pakistani-born city officials in Chester, Pennsylvania, for possible roles in the recent anthrax attacks (see October 5-November 21, 2001). The three are Asif Kazi, an accountant in the city’s finance department, Dr. Irshad Shaikh, the city’s health commissioner, and his brother Dr. Masood Shaikh, who runs the city’s lead-abatement program. Kazi is in his city hall office when FBI agents burst in and interrogate him. He is questioned for hours about an unknown liquid he had been seen carrying out of his house. In fact, the dishwasher had broken down and he was bailing out his kitchen. Meanwhile, agents with drawn guns knock down the front door to his house while his wife is cooking in the kitchen. Dozens of boxes are carried out of the house. Agents in bioprotection suits also search the Shaikh brothers’ house and carry away their computers. None of the three ever had any connection to anthrax and none of them are arrested. The searches are national news for several days, severely damaging their reputations. Three days after the raid, an FBI agent tells the Washington Post that the raid did not pan out. The FBI learns that a disgruntled employee had called in a bogus tip. But the FBI never publicly clears them. [Washington Post, 11/15/2001; Newsweek, 8/4/2002; New York Times, 8/9/2008] Even a year later, an FBI spokesperson says the raids are still “a pending matter.” [Associated Press, 9/5/2002] Trouble for the three men will continue. The Shaikh brothers’ applications for US citizenship is blocked, their visas run out, and they both eventually have to leave the US. Kazi is already a US citizen, but he is put on a no-fly watch list. He is searched and interrogated for a couple of hours every time he travels in or out of the US. His name will finally be taken off the list in 2007. [New York Times, 8/9/2008]

Entity Tags: Asif Kazi, Masood Shaikh, Irshad Shaikh, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004]
Questionable Rule of Evidence Adopted - The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts-martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted.
Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [Savage, 2007, pp. 138]
Dispute over Trial Procedures - During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [New York Times, 10/24/2004]
Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [New York Times, 10/24/2004]
Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009).

Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Civil Liberties

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives

A still from the casing video shows a US warship docked in Singapore.A still from the casing video shows a US warship docked in Singapore. [Source: CBC]After killing al-Qaeda military commander Mohammed Atef and other operatives with a Predator drone (see November 15, 2001), US forces search the building where he was killed and find lots of evidence about al-Qaeda members and various plots. One of the pieces of evidence found is a casing video for an attack on US personnel in Singapore, which al-Qaeda and Jemaah Islamiyah (JI) have been plotting for some time (see June 2001). [Suskind, 2006, pp. 56-57] Shortly before dying, Atef instructed JI leader Hambali to conduct the operation fast, because of the US invasion of Afghanistan. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006] In addition, JI is also plotting a wave of embassy attacks. A senior Western diplomat will later comment: “There was an imminent danger. Their plans could have been operational in a week.” However, many militants are arrested in Southeast Asia in mid-December and the attacks never happen. US officials initially claim that the passage of the video to Singapore helps with the arrests. But Singapore authorities later point out that they did not receive the tape until the end of December and they had already arrested everybody by then based on information they had acquired on their own. They had also found a copy of the video in a suspect’s house in Singapore. [Washington Post, 2/3/2002; Washington Post, 2/3/2002; Dallas Morning News, 3/16/2002]

Entity Tags: Mohammed Atef, Jemaah Islamiyah, Hambali

Timeline Tags: Complete 911 Timeline

The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]

Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush

Timeline Tags: Torture of US Captives

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Scorching criticism of President Bush’s Executive Order (see November 13, 2001) comes from the Center for National Security Studies, which says it “violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers.” The order is also an “unconstitutional attempt to suspend the writ of habeas corpus.” [Center for National Security Studies, 11/19/2001] Law professor Kathleen Clark similarly states: “These military tribunals are troubling in many respects, particularly in their denial of basic due process protection for defendants. But even apart from this question of civil liberties, this presidential order is unconstitutional because the president lacks the authority under the constitution and statutory law to create this kind of court.” [Center for Democracy and Technology, 11/19/2001]

Entity Tags: Kathleen Clark, Center for National Security Studies

Timeline Tags: Torture of US Captives, Civil Liberties

The US Embassy in Niamey, Niger’s capital, disseminates a cable summarizing a recent meeting between the US ambassador and the director general of Niger’s French-led mining consortium. The director general reportedly explained that “there was no possibility” that the government of Niger could have diverted any of the 3,000 tons of uranium produced by the consortium’s two mines. [US Congress, 7/7/2004]

Timeline Tags: Niger Uranium and Plame Outing

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. [USA Today, 7/24/2008; Reuters, 7/24/2008] Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

Entity Tags: Robert Fuller, Craig Donnachie, Salim Ahmed Hamdan, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Christopher DeMuth.Christopher DeMuth. [Source: American Enterprise Institute]Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:
bullet Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world.
bullet Fareed Zakaria, a Newsweek editor and columnist.
bullet Mark Palmer, a former US ambassador to Hungary.
bullet Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies.
bullet James Wilson, a professor and specialist in human morality and crime.
bullet Ruel Marc Gerecht, a former CIA Middle East expert.
bullet Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld.
According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [Woodward, 2006, pp. 83-85]

Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson

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

Abdullah Tabarak.Abdullah Tabarak. [Source: Public domain]As US forces close in on Tora Bora, bin Laden’s escape is helped by a simple ruse. A loyal bodyguard named Abdallah Tabarak takes bin Laden’s satellite phone and goes in one direction while bin Laden goes in the other. It is correctly assumed that the US can remotely track the location of the phone. Tabarak is eventually captured with the phone while bin Laden apparently escapes. Tabarak is later put in the US-run Guantanamo Bay prison in Cuba. Interrogation of him and others in Tora Bora confirm the account. [Washington Post, 1/21/2003] This story indicates bin Laden was still at least occasionally using satellite phones long after media reports that the use of such phones could reveal his location (see February 9-21, 2001). The US will consider Tabarak such a high-value prisoner that at one point he will be the only Guantanamo prisoner that the Red Cross will be denied access to. However, in mid-2004 he will be released and returned to his home country of Morocco, then released by the Moroccan government by the end of the year. Neither the US nor the Moroccan government will offer any explanation for his release. The Washington Post will call the release of the well-known and long-time al-Qaeda operative an unexplained “mystery.” [Washington Post, 1/30/2006]

Entity Tags: Abdallah Tabarak, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

The New York Times will later report that Khalid Shaikh Mohammed (KSM) hides in Qatar for two weeks with the support of some members of the Qatari royal family. KSM stays there “with the help of prominent patrons” after fleeing from Kuwait. One of the Qatari royals sheltering KSM is possibly Abdul Karim al-Thani, who has repeatedly sheltered Islamist militant leader Abu Musab al-Zarqawi and given passports and more than $1 million to al-Qaeda. It is also possible that KSM may have received help from Abdallah bin Khalid al-Thani, who is Qatar’s Interior Minister by this time and who allowed KSM live on his farm for several years until 1996 (see January-May 1996). CIA Director George Tenet is reportedly infuriated, but no action is taken. In fact, the US military will base its headquarters for the Iraq war in Qatar (see March 28, 2003). [New York Times, 2/6/2003]

Entity Tags: Khalid Shaikh Mohammed, Abdul Karim al-Thani, Abdallah bin Khalid al-Thani, Al-Qaeda, Abu Musab al-Zarqawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Holy Land Foundation is shut down and its assets are seized. Holy Land claimed to be the largest Muslim charity in the US. It claimed to raise millions for Palestinian refugees and denied any support for terrorism. In justifying the move, the US government presents evidence of ties between the Holy Land and Hamas. Much of this evidence dates back to 1993; the Associated Press titles a story on the closure, “Money Freeze A Long Time Coming.” [Associated Press, 12/5/2001] Holy Land offices in San Diego, California; Paterson, New Jersey; and Bridgeview, Illinois, are also raided. [CNN, 12/4/2001] The indictment says Holy Land has been “deeply involved with a network of Muslim Brotherhood organizations dedicated to furthering the Islamic fundamentalist agenda espoused by Hamas.” [Washington Post, 9/11/2004] Holy Land is represented by the powerful law firm of Akin, Gump, Strauss, Hauer & Feld. Three partners at Akin, Gump are very close to President Bush: George Salem chaired Bush’s 2000 campaign outreach to Arab-Americans; Barnett “Sandy” Kress was appointed by Bush as an “unpaid consultant” on education reform and has an office in the White House; and James Langdon is one of Bush’s closest Texas friends. [Boston Herald, 12/11/2001; Washington Post, 12/17/2001] The leaders of Holy Land will be charged with a variety of crimes in 2002 and 2004 (see December 18, 2002-April 2005).

Entity Tags: Hamas, Muslim Brotherhood, Akin, Gump, Strauss, Hauer & Feld, US Department of the Treasury, Holy Land Foundation for Relief and Development

Timeline Tags: Complete 911 Timeline

Michael Ledeen, an avid admirer of Machiavelli, argues in a piece published by National Review Online that the US must be “imperious, ruthless, and relentless” against the Muslim world until there has been “total surrender.” Any attempt on the part of the US to be “reasonable” or “evenhanded” will only empower Islamic militants, he asserts. He writes: “We will not be sated until we have had the blood of every miserable little tyrant in the Middle East, until every leader of every cell of the terror network is dead or locked securely away, and every last drooling anti-Semitic and anti-American mullah, imam, sheikh, and ayatollah is either singing the praises of the United States of America, or pumping gasoline, for a dime a gallon, on an American military base near the Arctic Circle.” [National Review, 12/7/2001] The piece is republished in the Jewish World Review four days later. [Jewish World Review, 12/11/2001]

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Gary Berntsen on an airplane, date and location unknown.Gary Berntsen on an airplane, date and location unknown. [Source: National Geographic]Richard Blee, head of the Sunni Extremist Group at the CIA’s Counterterrorist Center and a former head of Alec Station, the CIA’s bin Laden unit, is made chief of the CIA’s new station in Kabul. Blee replaces Gary Berntsen, who had effectively led the CIA’s war effort against the Taliban and al-Qaeda in Afghanistan. Berntsen is unhappy with being replaced, saying: “It felt as though someone had just thrown a bucket of cold water in my face. I couldn’t believe they were doing this in the middle of the most important battle of the war.” The battle of Tora Bora begins around this time and, although the US thinks it has Osama bin Laden cornered there, he somehow manages to escape (see November 16, 2001, November 26, 2001 and Early December 2001).
Replacement Decision Is Not Well Received - Berntsen’s staff members are also unhappy with the decision, and slap their hands over their heads and groan when they find out about it. They tell Berntsen, “No disrespect to Rich, but when you leave, we leave.” Berntsen will attribute Blee’s selection to his closeness to CIA Director George Tenet and Deputy Director of Operations James Pavitt, and will also hint that Blee strongly desired the job. [Berntsen and Pezzullo, 2005, pp. 296-7, 306] Berntsen pushed hard for US troops to be deployed to catch bin Laden (see Late October-Early December 2001), but it is not known whether Blee is in favor of using US troops or not. Blee will also instigate the transfer of Ibn al-Shaykh al-Libi from the FBI to Egypt shortly after arriving; this is the first such transfer of a major figure after 9/11 (see Shortly After December 19, 2001).
Blee's Replacement - Blee is apparently replaced as chief of the Sunni Extremist Group by someone known only as Hendrik V. (see (Between Summer and Winter 2001)). Hendrik V. will later be replaced by an official known as “Marty M.” before March 2003. [Tenet, 2007, pp. 232, 251] That is almost certainly Marty Martin, someone said to lead the search for bin Laden from 2002 to 2004 (see (Shortly After October 29, 2004)).

Entity Tags: Marty Martin, Gary Berntsen, Central Intelligence Agency, Hendrik V., Richard Blee

Timeline Tags: Complete 911 Timeline

Vice President Cheney says on Fox News, “I never say anything is inevitable, but if I were Saddam Hussein, I’d be thinking very carefully about the future and I’d be looking very closely to see what happened to the Taliban in Afghanistan.” [PBS Frontline, 6/20/2006]

Entity Tags: Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Britain’s highest court rules that three alleged al-Qaeda operatives can be extradited to the US to face charges of involvement in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The three, Khalid al-Fawwaz, Ibrahim Eidarous, and Adel Abdel Bary, were arrested in London in late 1998 and early 1999 (see September 23, 1998-July 12, 1999). But the Washington Post reports that the three “can bring still more appeals in Europe that could delay any US trial for months or even years.” [Washington Post, 12/18/2001] In 2002, Eidarous is sent to a mental hospital after psychiatrists say he is mentally ill. In July 2004, he is set free in Britain because he has been diagnosed with leukemia. An insider at his hospital says: “Doctors know that his cancer is well advanced and he probably does not have that long to live. Many here were shocked he has been released though. He is wanted by the FBI for one of the worst terrorist atrocities in history.” [Mirror, 7/22/2004] There have been no reports of him dying since. In 2005, the Times of London will report that al-Fawwaz may be extradited to the US soon. His lawyers are said to be making “last ditch” appeals to delay his extradition. [London Times, 8/31/2005] But as of 2008, neither he nor Abdel Bary have been extradited to the US or charged in Britain.

Entity Tags: Adel Abdel Bary, Khalid al-Fawwaz, Ibrahim Eidarous

Timeline Tags: Complete 911 Timeline

The man in the picture on the left is supposed to be bin Laden in October 2001. The picture on the right is undisputendly bin Laden in DecemberThe man in the picture on the left is supposed to be bin Laden in October 2001. The picture on the right is undisputendly bin Laden in December [Source: Reuters]Following the release of a home video in which Osama bin Laden apparently confesses to involvement in 9/11 (see Mid-November 2001), some commentators question its authenticity, as a number of strange facts about the video soon emerge. For example, all previous videos had been made with the consent of bin Laden, and usually released to the Arabic television channel Al Jazeera. This video was supposedly recorded without his knowledge, found in a house in Afghanistan, and then passed to the CIA by an unknown person or group. Experts point out that it would be possible to fake such a video. So many people doubt the video’s authenticity that President Bush soon makes a statement, saying it was “preposterous for anybody to think this tape was doctored. Those who contend it’s a farce or a fake are hoping for the best about an evil man.” [Guardian, 12/15/2001] Some commentators will suggest that the person thought to be bin Laden is not actually the al-Qaeda leader. For example, arabist Kevin Barrett will say that the person in the video is “at least 40 or 50 pounds heavier, and his facial features [are] obviously different.” [Capital Times (Madison), 2/14/2006] The man said to be bin Laden also makes some questionable statements in the video:
bullet “I was thinking that the fire from the gas in the plane would melt the iron structure of the building…” [US Department of Defense, 12/13/2001 pdf file] The jet fuel spilled from the planes burned up about 10 minutes after impact (see 8:57 a.m. September 11, 2001), the towers’ structure did not melt (see September 12, 2001-February 2002), and the towers were not made of iron, but steel. [National Institute of Standards and Technology, 9/2005, pp. 6] Bin Laden had studied civil engineering at university and had experience as a construction contractor. [Burke, 2004, pp. 47; Laden, 2005, pp. xii-xiii] It is unclear why he would think the towers were made of iron.
bullet “We did not reveal the operation to [the brothers who conducted the operation] until they are there and just before they boarded the planes.” [US Department of Defense, 12/13/2001 pdf file] All the hijackers purchased tickets for the 9/11 flights about two weeks in advance (see August 25-September 5, 2001). The six plot leaders had flight training (see July 6-December 19, 2000, (June 28-December 2000), January-February 2001, and May 5 and 10, 2000), and some of the other 13 are thought to have assisted with target surveillance and casing flights (see May 24-August 14, 2001, August 1, 2001, June 2001 and August 2001).
bullet “Those who were trained to fly didn’t know the others. One group of people did not know the other group.” [US Department of Defense, 12/13/2001 pdf file] The opposite is true: the pilots intermingled with the muscle and the teams for the various planes mixed (see April 23-June 29, 2001, April 12-September 7, 2001, and June 27-August 23, 2001).
There are reports that bin Laden had from four to ten look-alike doubles at the time. [Agence France-Presse, 10/7/2001; London Times, 11/19/2001]

Entity Tags: Bush administration (43), Kevin Barrett, Central Intelligence Agency, George W. Bush, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Saajid Badat.Saajid Badat. [Source: BBC]Saajid Badat, a radical Muslim recruited to perform a shoe bombing on a transatlantic flight (see November 20, 2001), backs out of the plot. Although he already has a ticket to travel from Manchester to Amsterdam and then to the US for December 21, he sends his handler in Pakistan a short coded message saying he cannot go through with the attack. He hides the detonator and the explosive at his home, but, after his partner Richard Reid is arrested (see December 22, 2001), police will uncover Belgian telephone cards he had used to keep in touch with a local contact they had shared in Brussels, Nizar Trabelsi. The police will arrest Badat in November 2003 and in April 2005 he will be sentenced to 13 years in jail. The length of the sentence will reflect the co-operation he provides to police. [BBC News, 4/22/2005; O'Neill and McGrory, 2006, pp. 231-232]

Entity Tags: Saajid Badat, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton.The FBI claims the anthrax letters were sent from the middle mailbox of these three mailboxes on Nassau Street, Princeton. [Source: Richard Smith]In mid-October 2001, investigators mistakenly believe that the anthrax letters were mailed from somewhere in West Trenton, New Jersey and are said to have narrowed down the location of the mailbox to a one square mile radius. [New York Times, 10/19/2001] But around December 2001, contamination at a New Jersey postal processing center indicates that the letters in the anthrax attacks (see October 5-November 21, 2001) had been mailed on one of a limited number of routes near Princeton, New Jersey. However, seven months pass before FBI investigators test hundreds of mailboxes and identify the mailbox where the letters were mailed from. Congressman Rush Holt (D-NJ), whose congressional district includes the area where the letters were mailed from, will later say that he was surprised by how slow and shoddy the investigation was. He will point out, “Within two days they could have dispatched 50 people to wipe all those mailboxes.” He will also say that he was surprised when anthrax was found in his Congressional office in October 2001, but investigators never returned to conduct systematic testing to trace the path of the anthrax spores. [New York Times, 8/4/2008] The FBI tests about 600 mailboxes for several weeks and finds and removes the right one in early August. It is located in Princeton, New Jersey, on the corner of Nassau and Bank Streets and opposite the Princeton University campus. [New York Times, 8/14/2002] However, there are doubts that the right mailbox was identified (see August 14, 2002).

Entity Tags: Rush Holt, Federal Bureau of Investigation

Timeline Tags: 2001 Anthrax Attacks, US Domestic Terrorism

After fleeing Iraq, Adnan Ihsan Saeed al-Haideri, 43, defects to the US. Before he is debriefed by the CIA, he spends several days in a Bangkok hotel room being coached by Zaab Sethna, the spokesman of the Iraqi National Congress, on what he should tell his debriefer. On December 17, he meets with a CIA official who questions him. Strapped to a polygraph machine [Rolling Stone, 11/17/2005] , al-Haideri proceeds to tell the agent he is a civil engineer who helped hide Iraq’s illicit weapons in subterranean wells, private villas, and even beneath the Saddam Hussein Hospital. After reviewing the polygraph, which was requested by the Defense Intelligence Agency, the intelligence debriefer concludes that Haideri made the entire story up. [New Yorker, 6/7/2004; Rolling Stone, 11/17/2005]

Entity Tags: Zaab Sethna, Adnan Ihsan Saeed al-Haideri, Central Intelligence Agency, Defense Intelligence Agency

Timeline Tags: Events Leading to Iraq Invasion

The Senate Subcommittee on International Operations and Terrorism holds a hearing on the global reach of al-Qaeda and hears testimony from several intelligence community officers. One of them is Tom Wilshire, a CIA officer on loan to the FBI who was involved in several pre-9/11 failures (see 9:30 a.m. - 4:00 p.m. January 5, 2000, August 22, 2001, and August 24, 2001). Wilshire is described as the deputy chief of the FBI’s International Terrorism Operations Section. In his opening remarks, Wilshire describes the “worldwide jihad movement,” which is “considered to be legitimate by many of our allies in terms of defense of Islam,” as a “multibillion effort” active in, for example, Chechnya, Bosnia, and the Philippines. Although some of the “tributaries” to the movement are “somehow legitimate,” al-Qaeda is “one of the most significant off-shoots,” and views the US as “the stabilising mechanism that allows the regimes that [Osama] bin Laden views to be corrupt [such as Egypt and Saudi Arabia] and to stay in power.” Wilshire also says that one of bin Laden’s goals was to provoke a “land war in Afghanistan,” although he perhaps did not anticipate it taking its current form. He discusses how al-Qaeda has changed over the years, the bayat oath of loyalty to bin Laden, and numbers of operatives: he puts the organization’s “elite” in the hundreds, but says it also has “small thousands” fighting in places like Afghanistan and Chechnya, as well as “thousands” more around the world, although perhaps “their skill level is not as high.” He also discusses a recently released videotape in which a man thought to be bin Laden said the “muscle” hijackers did not know they were on a suicide mission until the last minute (see Mid-November 2001), and calls bin Laden “very charismatic.” Wilshire adds that radical Islamists have looked at the possibility of setting up training camps in the US, but that it is easier for them to have introductory training in Europe, which was the case of a group of British citizens arrested in Yemen (see December 23, 1998). Finally, he says that al-Qaeda is linked to Abu Sayyaf, which is not just a local Filipino group and falls under “outside influence.” [US Congress. Senate. Subcommittee on International Operations and Terrorism, 12/18/2001]

Entity Tags: Federal Bureau of Investigation, International Terrorism Operations Section, Senate Subcommittee on International Operations and Terrorism, Tom Wilshire

Timeline Tags: Complete 911 Timeline

Yazid Sufaat.Yazid Sufaat. [Source: FBI]Yazid Sufaat is arrested in Malaysia. Sufaat is a Malaysian who owns a condominum in Kuala Lumpur, Malaysia, where a January 2000 al-Qaeda summit was held (see January 5-8, 2000). He also graduated in 1987 from a California university with a degree in biological sciences. According to interrogations of Khalid Shaikh Mohammed, Hambali, and other captured prisoners, Sufaat was given the lead in developing chemical and biological weapons for al-Qaeda, but he apparently had been unable to buy the kind of anthrax he wanted for an attack. Zacarias Moussaoui, Mohamed Atta, and other al-Qaeda operatives appeared to have had an interest in crop dusters before 9/11. It has been suggested that this interest served to further Sufaat’s biological weapons plot. This would especially make sense in the case of Moussaoui, since he stayed with Sufaat in Sufaat’s Malaysia apartment for two months in late 2000 (see September-October 2000). The US will only be able to directly interview Sufaat on one brief occasion, in November 2002. [Washington Post, 3/28/2003; CNN, 10/10/2003; Chicago Tribune, 12/7/2003] Sufaat will be released in 2008. The Malaysian government will never try or charge him (see December 4, 2008).

Entity Tags: Zacarias Moussaoui, Yazid Sufaat, Al-Qaeda, Khalid Shaikh Mohammed, Mohamed Atta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zaab Sethna of the Iraqi National Congress (INC) arranges for Iraqi defector Adnan Ihsan Saeed al-Haideri to be interviewed by Judith Miller of the New York Times. Miller, who has known Chalabi for about eight years (see May 1, 2003), immediately flies out to Bangkok for the interview. Her story is published on December 20, just three days after Haideri told his story to a CIA agent who subjected him to a polygraph and determined Haideri’s story was a complete fabrication (see December 17, 2001). Miller’s front-page article, titled “An Iraqi defector tells of work on at least 20 hidden weapons sites,” reports: “An Iraqi defector who described himself as a civil engineer, said he personally worked on renovations of secret facilities for biological, chemical and nuclear weapons in underground wells, private villas and under the Saddam Hussein Hospital in Baghdad as recently as a year ago.” If verified, Miller notes, “his allegations would provide ammunition to officials within the Bush administration who have been arguing that Mr. Hussein should be driven from power partly because of his unwillingness to stop making weapons of mass destruction, despite his pledges to do so.” Sethna also contacts freelance journalist Paul Moran. Moran is a former employee of the INC and has been employed for years by the Rendon Group, a firm specializing in “perception management” and which helped develop the INC (see May 1991). Moran’s on-camera interview with Haideri is broadcast worldwide by the Australian Broadcasting Corp. [New York Times, 12/20/2001; SBS Dateline, 7/23/2003; New York Review of Books, 2/26/2004; Rolling Stone, 11/17/2005] Reporter Jonathan Landay will later say that he and others were skeptical from the outset: “There were some red flags that the New York Times story threw out immediately, which caught our eye, immediately. The first was the idea that a Kurd—the enemy of Saddam—had been allowed into his most top secret military facilities. I don’t think so. That was, for me, the biggest red flag. And there were others, like the idea that Saddam Hussein would put a biological weapons facility under his residence. I mean, would you put a biological weapons lab under your living room? I don’t think so.” Landay’s partner Warren Strobel will add, “The first rule of being an intelligence agent, or a journalist, and they’re really not that different, is you’re skeptical of defectors, because they have a reason to exaggerate. They want to increase their value to you. They probably want something from you. Doesn’t mean they’re lying, but you should be—journalists are supposed to be skeptical, right? And I’m afraid the New York Times reporter in that case and a lot of other reporters were just not skeptical of what these defectors were saying. Nor was the administration…” [PBS, 4/25/2007]

Entity Tags: Zaab Sethna, Warren Strobel, Jonathan Landay, Judith Miller, Paul Moran, Adnan Ihsan Saeed al-Haideri, Ahmed Chalabi, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Richard Reid.Richard Reid. [Source: Associated Press]Shoe bomber Richard Reid attempts to board a flight from Paris to Miami, but is delayed by security checks and misses the flight. There are several reasons for the extensive checks:
bullet He bought his $1,800 ticket with cash three days previously. [O'Neill and McGrory, 2006, pp. 232-233]
bullet He is bearded and “of Arabic appearance.”
bullet According to other passengers, he looks “blank” and acts suspiciously. [Daily Mail, 12/24/2001]
bullet He smells bad. [Mirror, 10/4/2002; O'Neill and McGrory, 2006, pp. 232-233]
bullet He has no large pieces of luggage for a supposed holiday trip. [O'Neill and McGrory, 2006, pp. 232-233]
bullet The small amount of luggage he does have contains two magazines, a radio, a cassette player and five Arabic cassettes, including two of verses from the Koran. [Mirror, 10/4/2002]
Ten days before, the US Federal Aviation Administration (FAA) had issued a warning that radicals might try to smuggle weapons or explosives onto a plane in their shoes, but Reid’s boots, which contain explosives, are never searched. There are holes drilled in the boots and even a casual examination of them would make staff suspicious. After missing the plane because of the checks, Reid re-books for the next day. He then e-mails his al-Qaeda contacts, who tell him to proceed as soon as possible. [O'Neill and McGrory, 2006, pp. 232-233] According to an FAA source, this incident should lead to a warning in the FAA computer system saying that Reid should be detained if he again attempts to board the flight. The warning would ensure that Reid is questioned the next day and prevented from boarding. However, no such warning is issued. [Daily Mail, 12/24/2001] Reid returns the next day and is allowed onto the plane, but fails to blow it up (see December 22, 2001).

Entity Tags: Richard C. Reid

Timeline Tags: Complete 911 Timeline

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

Wall Street Journal reporter Daniel Pearl writes stories about the ISI that will lead to his kidnapping and murder (see January 31, 2002).
bullet On December 24, 2001, he reports about ties between the ISI and a Pakistani organization, Ummah Tameer-e-Nau, that was working on giving bin Laden nuclear secrets before 9/11 (see 2000 and Mid-August 2001). [Wall Street Journal, 12/24/2001]
bullet A few days later, he reports that the ISI-supported militant organization Jaish-e-Mohammed still has its office running and bank accounts working, even though President Pervez Musharraf claims to have banned the group. The Jaish-i-Mohammed is connected to the Al Rashid Trust, one of the first entities whose assets were frozen by the US after 9/11 and through which funding may have passed on its way to the hijackers in the US (see Early August 2001 and September 24, 2001). “If [Pearl] hadn’t been on the ISI’s radarscope before, he was now.” [Wall Street Journal, 12/31/2001; Guardian, 7/16/2002; Vanity Fair, 8/2002]
bullet He begins investigating links between shoe bomber Richard Reid and Pakistani militants, and comes across connections to the ISI and a mysterious religious group called Al-Fuqra. [Washington Post, 2/23/2002]
bullet He also may be looking into the US training and backing of the ISI. [Gulf News, 3/25/2002]
bullet He is writing another story on Dawood Ibrahim, a powerful Islamic militant and gangster protected by the ISI, and other Pakistani organized crime figures. [Newsweek, 2/4/2002; Vanity Fair, 8/2002]
bullet Former CIA agent Robert Baer later claims to be working with Pearl on an investigation of 9/11 mastermind Khalid Shaikh Mohammed. [United Press International, 4/9/2004] It is later suggested that Mohammed masterminds both Reid’s shoe bomb attempt and the Pearl kidnapping, and has connections to Pakistani gangsters and the ISI, so some of these explanations could fit together. [Asia Times, 10/30/2002; CNN, 1/30/2003; United Press International, 4/9/2004] Kidnapper Saeed will later say of Pearl, “Because of his hyperactivity he caught our interest.” [News (Islamabad), 2/15/2002] Pearl is kidnapped on January 23, 2002, and his murder is confirmed on February 22, 2002. [CNN, 2/22/2002]

Entity Tags: Dawood Ibrahim, Al-Fuqra, Daniel Pearl, Pakistan Directorate for Inter-Services Intelligence, Jaish-e-Mohammed, Osama bin Laden, Pervez Musharraf, Khalid Shaikh Mohammed, Robert Baer, Ummah Tameer-e-Nau

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The US strikes a secret deal with Pakistan, allowing a US operation in Pakistan to kill or capture Osama bin Laden. This will be reported by the Guardian shortly after bin Laden is killed in Abbottabad, Pakistan, in May 2011 (see May 2, 2011). The Guardian will claim this account is “according to serving and retired Pakistani and US officials.” The deal is struck between Pakistani President Pervez Musharraf and US President George W. Bush shortly after bin Laden escapes the Tora Bora region of Afghanistan in December 2001 (see December 15, 2001). At the time, it is widely believed bin Laden escaped into Pakistan. The deal allows the US to conduct their own raids inside Pakistan if the target is bin Laden, al-Qaeda deputy head Ayman al-Zawahiri, or whoever the number three al-Qaeda leader is. Afterwards, Pakistan would vigorously protest, but this would just be to mollify public opinion. An unnamed senior Pakistani official will later say that the deal is reaffirmed in early 2008, when Musharraf’s grip on power is slipping. (Musharraf will resign in August 2008 (see August 18, 2008).) This same Pakistani official will say of the May 2011 US Special Forces raid that kills bin Laden in Pakistan, “As far as our American friends are concerned, they have just implemented the agreement.” [Guardian, 5/9/2011]

Entity Tags: Ayman al-Zawahiri, Pervez Musharraf, George W. Bush, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

In 1994, several key members of the Bojinka plot, which would have killed thousands if successful (see January 6, 1995), formed a front company called Konsonjaya as part of the plot (see June 1994). Konsonjaya was a trading company that ostensibly exported Malaysian palm oil to Afghanistan and also traded in honey from Sudan and Yemen. All these countries have been important nodes in al-Qaeda’s network. The Philippine government was already wiretapping calls to the Konsonjaya offices before the Bojinka plot was foiled (see 1994), and definitively linked the company to the plot by the spring of 1995 (see Spring 1995). As late as 1998, 9/11 mastermind Khalid Shaikh Mohammed was using Konsonjaya as cover in his international travels (see June 1998). By 1999, the FBI had realized the importance of Konsonjaya to the Bojinka plot, and had linked al-Qaeda leader Hambali to it (see May 23, 1999). [Institute of Defense and Strategic Studies, 3/7/2003 pdf file] In February 2002, Rodolfo Mendoza, the former head of Philippine counter-terrorism who led that country’s Bojinka investigation, will say, “According to my analysis, Konsonjaya was the nerve center not only for business but also for operational supervision [of the Bojinka plot].… The most critical question now is, ‘Where are the other former directors of Konsonjaya?’” [Los Angeles Times, 2/7/2002] Konsonjaya’s eight-person board of directors was made up of:
bullet Amein Mohammed (Managing Director). His real name is Mohammed Amin al-Ghafari. He appears to have been heavily involved in the Bojinka plot. However, he has intelligence connections in the Philippines and remains the head of another front connected to Bojinka until November 2002. Then he is implicated in an October 2002 bombing and deported (see 1995 and After, February 15, 1999, and October 8-November 8, 2002). His current whereabouts are unknown.
bullet Amein Alsanani (also Managing Director).
bullet Annamalai N. L. Sundrasan (Secretary).
bullet Wali Khan Amin Shah. He is one of the main Bojinka plotters and will later be sentenced to life in prison in the US for his role in that plot (see September 5, 1996).
bullet Medhat Abdul Salam Shabana. Company records show Shabana is from Afghanistan.
bullet Riduan bin Isumuddin (Hambali). He is arrested in Thailand in 2003 and taken into US custody (see August 12, 2003). He is believed to have roles in the 9/11 attacks, the 2002 Bali bombings, and other attacks. [Los Angeles Times, 2/7/2002; Institute of Defense and Strategic Studies, 3/7/2003 pdf file]
bullet Noralwizah Lee Binti Abdullah (Hambali’s wife). She is arrested with Hambali and immediately extradited to Malaysia. Two months later, the Malaysian government will place her in indefinite detention, where she apparently remains. A Malaysian official will say: “She was more than a wife to Hambali. She was a trusted aide who handled funds of the Jemaah Islamiyah [militant group].” [Institute of Defense and Strategic Studies, 3/7/2003 pdf file; Sydney Morning Herald, 8/16/2003; Associated Press, 10/16/2003]
bullet Hemeid H. Alghamdi. He is described in company records as a thirty-year-old Saudi from Jeddah. [Los Angeles Times, 2/7/2002; Institute of Defense and Strategic Studies, 3/7/2003 pdf file]
bullet Cosain Ramos (a.k.a. Abu Ali) is also connected to Konsonjaya, but apparently he used an alias so it is not clear which name matches his. He will be arrested in the Philippines in 2002 after being linked to the 2000 Christmas Eve bombings in Indonesia (see December 24-30, 2000 and Shortly Before December 24, 2000). But bizarrely, not only is he not charged, but he is given the job of janitor at the Philippines’s highest security prison and then helps a key al-Qaeda leader escape in 2003 (see July 14, 2003).
The Los Angeles Times reports in February 2002 that the whereabouts of most of the Konsonjaya board of directors remains unknown. [Los Angeles Times, 2/7/2002] But strangely, investigators seemingly remain uninterested in investigating Konsonjaya’s links. In October 2002, Sundrasan, the company’s secretary as well as one of the directors, will contact a Malaysian newspaper and tell them some details about the company, including that Amin Shah opened many bank accounts in the company’s name and that the company never really conducted any business. But he will also say that no investigators, journalists, or officials have ever questioned him about the company. [Malay Mail, 10/24/2002]

Entity Tags: Amein Alsanani, Khalid Shaikh Mohammed, Cosain Ramos, Hambali, Wali Khan Amin Shah, Annamalai N. L. Sundrasan, Noralwizah Lee Binti Abdullah, Konsonjaya, Rodolfo Mendoza, Hemeid H. Alghamdi, Mohammed Amin al-Ghafari, Medhat Abdul Salam Shabana

Timeline Tags: Complete 911 Timeline

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

By this time, more than 300 different inspections have been conducted in Iraq by the UN weapons inspection teams, which report no instances of Iraqi attempts to impede their access to the alleged weapons sites. [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] The London Independent quotes one diplomat, who says, “Realistically, it is not going to be easy to see in the next two months that we will be able to say that Iraq is not cooperating.” [Independent, 1/8/2003] Inspectors also say that there are no signs that Iraq is developing weapons of mass destruction. An Associated Press report cites several specific cases of alleged weapons sites that the inspection teams—after repeated visits—have determined are not involved in the production of weapons of mass destruction. “UN arms monitors have inspected 13 sites identified by US and British intelligence agencies as major ‘facilities of concern,’ and reported no signs of revived weapons building.” [Associated Press, 1/18/2003; Baltimore Sun, 1/20/2003; New York Times, 1/20/2003] And International Atomic Energy Agency (IAEA) Chief Weapons Inspector Mohamed ElBaradei tells reporters: “I think it’s difficult for Iraq to hide a complete nuclear-weapons program. They might be hiding some computer studies or R. and D. on one single centrifuge. These are not enough to make weapons” (see January 11, 2003). [Time, 1/12/2003]

Entity Tags: Mohamed ElBaradei, International Atomic Energy Agency

Timeline Tags: Events Leading to Iraq Invasion

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

In January 2002, the Observer reports that Anas al-Liby, one of al-Qaeda’s top leaders, has been recently captured in Afghanistan. Al-Liby is considered one of bin Laden’s computer experts, and a long-time member of al-Qaeda’s ruling council. [Observer, 1/20/2002] In early March 2002, the London Times mentions al-Liby’s capture as an established fact. [London Times, 3/11/2002] Then, in late March 2002, the London Times and the Washington Post report that al-Liby has been recently captured in Sudan. Anonymous CIA sources and anonymous “senior administration officials” claim that al-Liby has been captured, but the Sudanese and US governments officially deny the arrest. The London Times says the arrest “has been kept a closely guarded secret.” Some senior officials who told the Post al-Liby had been arrested later change their account and say it was someone with a similar name. [London Times, 3/17/2002; Washington Post, 3/19/2002; Washington Post, 3/20/2002] Al-Liby remains on the FBI’s most wanted list, with a $25 million reward on his name. It will later be lowered to $5 million. [London Times, 5/8/2005] Al-Liby appears to have collaborated with British intelligence to kill Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 and was allowed to openly live in Britain until 2000 (see Late 1995-May 2000; 1996). In 2003, it will be reported that al-Liby was captured in Sudan and then secretly deported to Egypt, where he is wanted for an attempted assassination of Egyptian President Hosni Mubarak (see (Late 1995)). [Scotland on Sunday, 10/26/2003] In 2007, human rights groups will list al-Liby as a possible ghost prisoner still held by the US (see June 7, 2007).

Entity Tags: Anas al-Liby

Timeline Tags: Complete 911 Timeline

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), John C. Yoo, Jay S. Bybee, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties, War in Afghanistan


Daniel Pearl.
Daniel Pearl. [Source: Publicity photo]Wall Street Journal report Daniel Pearl is kidnapped while investigating the ISI’s connection to Islamic militant groups. [Guardian, 1/25/2002; BBC, 7/5/2002] Saeed Sheikh is later convicted as the mastermind of the kidnap, and though it appears he lured Pearl into being kidnapped beginning January 11, the actual kidnapping is perpetrated by others who remain at large. [Vanity Fair, 8/2002; Wall Street Journal, 1/23/2003] The Guardian later suggests that Pearl must have been under ISI surveillance at the time of his kidnapping. “Any western journalist visiting Pakistan is routinely watched and followed. The notion that Daniel Pearl, setting up contacts with extremist groups, was not being carefully monitored by the Secret Services is unbelievable—and nobody in Pakistan believes it.” [Guardian, 4/5/2002] Both al-Qaeda and the ISI appear to be behind the kidnapping. The overall mastermind behind the kidnapping seems to be Khalid Shaikh Mohammed, also mastermind of the 9/11 attacks. [Time, 1/26/2003; CNN, 1/30/2003]

Entity Tags: Al-Qaeda, Khalid Shaikh Mohammed, Saeed Sheikh, Daniel Pearl, Pakistan Directorate for Inter-Services Intelligence

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

Two weeks after Justice Department lawyers John Yoo and Robert Delahunty write a memo saying that the US should not be bound by international laws covering warfare and torture (see January 9, 2002), White House counsel Alberto Gonzales concurs (see January 25, 2002), saying: “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002] But others inside and outside the administration strongly disagree. Many will later point to Yoo and Delahunty’s memo as providing the “spark” for the torture and prisoner abuses reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). Human Rights Watch director Kenneth Roth will call the memo a “maliciously ideological or deceptive” document that ignores US obligations under multiple international agreements. “You can’t pick or choose what laws you’re going to follow,” Roth will observe. “These political lawyers set the nation on a course that permitted the abusive interrogation techniques” disclosed in later months. Scott Horton, president of the International League for Human Rights, agrees. When you read the memo, Horton says, “the first thing that comes to mind is that this is not a lofty statement of policy on behalf of the United States. You get the impression very quickly that it is some very clever criminal defense lawyers trying to figure out how to weave and bob around the law and avoid its applications.” Two days later, the State Department, whose lawyers are “horrified” by the Yoo memo, vehemently disagrees with its position (see January 11, 2002). Three weeks later, State again criticizes the memo (see February 2, 2002). State senior counsel William Howard Taft IV points out that the US depends itself on the even observations of international law, and that following Yoo’s recommendations may undermine attempts to prosecute detainees under that same body of law. Secretary of State Colin Powell “hit[s] the roof” when he reads Gonzales’s response to the Yoo memo, warning that adopting such a legal practice “will reverse over a century of US policy and practice” and have “a high cost in terms of negative international reaction” (see January 26, 2002). The Bush administration will give in a bit to Powell’s position, announcing that it will allow Geneva to apply to the Afghan war—but not to Taliban and al-Qaeda prisoners. State Department lawyers call it a “hollow” victory for Powell, leaving the administration’s position essentially unchanged. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Robert J. Delahunty, Human Rights Watch, Colin Powell, Alberto R. Gonzales, International League for Human Rights, John C. Yoo, Kenneth Roth, William Howard Taft IV, Scott Horton, US Department of State

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Speaking on Fox News Sunday, Vice President Dick Cheney describes the Guantanamo prisoners: “These are the worst of a very bad lot. They are very dangerous. They are devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort. And they need to be detained, treated very cautiously, so that our people are not at risk.” [Fox News, 1/28/2002; Savage, 2007, pp. 147]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives

President Bush’s State of the Union speech describes an “axis of evil” consisting of Iraq, Iran, and North Korea. Osama bin Laden is not mentioned in the speech. [US President, 2/4/2002] Bush says: “States like these and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose a grave and growing danger. They could provide these arms to terrorists, giving them the means to match their hatred. They could attack our allies or attempt to blackmail the United States. In any of these cases, the price of indifference would be catastrophic.” Bush goes on to suggest for the first time that the US might be prepared to launch pre-emptive wars by saying, “The United States of America will not permit the world’s most dangerous regimes to threaten us with the world’s most destructive weapons.” [Vanity Fair, 5/2004] When Bush advisor Richard Perle was asked one month before 9/11 about new challenges the US faced, he replied by naming these exact three countries (see August 6, 2001). Michael Gerson, head of the White House speechwriting team at the time, will later claim that, as Newsweek will later put it, “Bush was already making plans to topple Saddam Hussein, but he wasn’t ready to say so.” Iran and North Korea are inserted into the speech in order to avoid focusing solely on Iraq. The speech is followed by a new public focus on Iraq and a downplaying of bin Laden (see September 15, 2001-April 6, 2002). Prior to the speech, the Iranian government had been very helpful in the US fight against the Taliban, since the Taliban and Iran were enemies. [Newsweek, 2/12/2007] At the time, al-Qaeda operatives had been streaming into Iran from Afghanistan following the defeat of the Taliban. Iran has been turning over hundreds of suspects to US allies and providing US intelligence with the names, photographs, and fingerprints of those it is holding. [Washington Post, 2/10/2007] Newsweek will later say that it is “beyond doubt” the Iranian government was “critical… to stabilizing [Afghanistan] after the fall of Kabul.” But all this cooperation comes to an end after the speech. Iranian Deputy Foreign Minister Mohammad Hossein Adeli will later say that “Those [inside the Iranian government] who were in favor of a rapprochement with the United States were marginalized. The speech somehow exonerated those who had always doubted America’s intentions.” [Newsweek, 2/12/2007] In August 2003, reporter Jeffrey St. Clair will write that “the Axis of Evil [is not] an ‘axis’ at all, since two of the states, Iran and Iraq, hate… each other, and neither [have] anything at all to do with the third, North Korea.” [CounterPunch, 8/13/2003]

Entity Tags: George W. Bush, Mohammad Hossein Adeli, Jeffrey St. Clair, Michael Gerson

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations

When asked why he included Iran in the “axis of evil” (see January 29, 2002), President Bush answers: “It is very important for the American president at this point in history to speak very clearly about the evils the world faces.… I believe the United States is the beacon for freedom in the world. And I believe we have a responsibility to promote freedom that is as solemn as the responsibility is to protecting the American people, because the two go hand in hand.” [Scoblic, 2008, pp. 247]

Entity Tags: George W. Bush

Timeline Tags: US confrontation with Iran

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]

Entity Tags: Ibn al-Shaykh al-Libi, US Department of Defense, National Security Council, George W. Bush, Saddam Hussein, Colin Powell, Al-Qaeda, Defense Intelligence Agency, Bush administration (43), John D. Rockefeller, Carl Levin, Central Intelligence Agency

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

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Bureau of Intelligence and Research, Defense Intelligence Agency

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

Unnamed US intelligence officials tell the New York Times that the CIA has no evidence that Saddam Hussein’s government has participated in any militant operations against the United States in nearly a decade. The agency also believes that Saddam Hussein has not provided chemical or biological weapons to al-Qaeda or other militant Islamic organizations. [New York Times, 2/6/2002 Sources: Unnamed US Intelligence Officials]

Entity Tags: Saddam Hussein

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

Hassan Ali bin Attash.Hassan Ali bin Attash. [Source: US Defense Department]Pakistani forces raid a safe house in Karachi, Pakistan, and arrest 17 suspected al-Qaeda operatives. All 17 will eventually be sent to the US-run Guantanamo prison in Cuba.
Abu Bara al-Taizi - One of them is Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), who attended the al-Qaeda summit in Malaysia in 2000 (see January 5-8, 2000) and was to be a hijacker for an Asian portion of the 9/11 attacks that never materialized. Al-Taizi will be handed to the US on February 27, and then transferred to Guantanamo a few months later.
Abdu Ali Sharqawi - The safe house is run by Abdul Rahim al-Sharqawi, a Yemeni commonly known as Riyadh the Facilitator. He is arrested as well, but he will not be handed to the US and then sent to Guantanamo until September 2004. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Another Guantanamo prisoner, Hassan Ali bin Attash, will later say that he and al-Sharqawi were held in a Jordanian prison for over a year. That would explain most of the time between al-Sharqawi’s arrest and his transfer to Guantanamo. [US Department of Defense, 6/25/2008] The New York Times will later identify al-Sharqawi as one of the four most important al-Qaeda leaders captured in the first year after 9/11. [New York Times, 9/10/2002]
Al-Sharqawi's Al-Qaeda Activity - According to al-Sharqawi’s Guantanamo file, he joined al-Qaeda after fighting in Bosnia in 1995 and was closely linked to many al-Qaeda leaders. For a time, he even took part in weekly planning meetings with Osama bin Laden and others. In the summer of 2001, he began running the safe house in Karachi. His file says that he photo-identifies 11 of the 9/11 hijackers and provides varying amounts of information on each of them. He estimates that he helped over 100 al-Qaeda operatives leave Pakistan in the post-9/11 crackdown before his safe house was shut down. 9/11 mastermind Khalid Shaikh Mohammed and hijacker associate Ramzi bin al-Shibh passed through his safe house in January 2002, a few weeks before the safe house is raided. As of late 2008, al-Sharqawi, al-Taizi, and nine others captured in the raid remain imprisoned in Guantanamo, while six others have been transferred out. [US Department of Defense, 7/7/2008; US Department of Defense, 10/25/2008] Most of the above is based on Guantanamo files leaked to the public in 2011 by the non-profit whistleblower group WikiLeaks. There are many doubts about the reliability of the information in the files (see April 24, 2011).
Neighbor's Tip Led to Raid - The safe house was discovered because the Pakistani Army asked the public for leads on the movements of suspicious foreigners. Apparently one or more neighbors pointed out the safe house (see Late 2001).

Entity Tags: Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda, Abu Bara al-Taizi, Abdul Rahim al-Sharqawi, Hassan Ali bin Attash, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. [Bradley Scout, 3/29/2002] According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. [Chicago Sun-Times, 3/21/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Ali Saleh Kahlah al-Marri, Ramzi bin al-Shibh, Richard Jasper, Mohamed Atta

Timeline Tags: Torture of US Captives

Former CIA Director James Woolsey telephones Deputy Assistant Defense Secretary Linton Wells to arrange a meeting between Defense Intelligence Agency (DIA) analysts and Mohammad Harith, an Iraqi defector being supplied by the Iraqi exile group, the Iraqi National Congress. [Knight Ridder, 7/16/2004 Sources: Classified Pentagon report] After the phone call, Wells issues an “executive referral,” requesting that the Iraqi National Congress (INC) introduce Harith to the Pentagon’s Defense Intelligence Agency (DIA). [Knight Ridder, 7/16/2004] Later in the day, two DIA officers meet with Ahmed Chalabi to arrange an interview with Harith. In an email to Knight Ridder Newspapers, Wells will later recall, “I discussed the issue of an individual with information on Iraq[i] weapons of mass destruction with intelligence community members. They said they would follow up. I never met with any member of the INC.” [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Linton Wells, Iraqi National Congress, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]

Entity Tags: Defense Intelligence Agency, Ray McGovern, Richard (“Dick”) Cheney

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

Vice President Dick Cheney asks his morning intelligence briefer, CIA briefer David Terry, about the Defense Intelligence Agency’s recent analysis (see February 12, 2002) of SISMI’s February 5 report (see February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. [Time, 7/21/2003; New Yorker, 10/27/2003; US Congress, 7/7/2004] Cheney is reportedly dissatisfied with his briefer’s initial response, and asks the agency to take another look (see Shortly after February 12, 2002). [CIA Task Sheet, 2/13/2002; New Yorker, 10/27/2003] Cheney’s questions quickly reach the desk of senior CIA case officer Valerie Plame Wilson, who accepts the suggestion of another CIA officer to send her husband, Joseph Wilson, to Niger to investigate the claims (see February 13, 2002). [Wilson, 2007, pp. 108-110]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency, Richard (“Dick”) Cheney, David Terry, Counterproliferation Division

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

Joseph Wilson and Valerie Plame Wilson.Joseph Wilson and Valerie Plame Wilson. [Source: Haraz N. Ghanbari / Associated Press]Officials in the CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) decide to send former ambassador Joseph Wilson to Niger to investigate allegations that Iraq sought to procure uranium from that country. Wilson’s wife, Valerie Plame Wilson, a senior CPD officer (see April 2001 and After), relays the request to him explaining that “there’s this crazy report” asserting that Iraq made a deal with Niger on the sale of a large quantity of uranium. [US Congress, 7/7/2004] Shortly afterwards, she sends an overseas cable requesting concurrence with the agency’s decision to send her husband to Niger (see February 13, 2002). She writes, “[B]oth State and [the Department of Defense] have requested additional clarification and indeed, the vice president’s office just asked for background information” (see (February 13, 2002)). [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Central Intelligence Agency, Joseph C. Wilson, Valerie Plame Wilson

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) holds a meeting with former ambassador Joseph Wilson, intelligence analysts from both the CIA and State Department’s Bureau of Intelligence and Research (INR), and several individuals from the DO’s Africa and CPD divisions. The purpose of the meeting is to discuss the merits of sending Wilson to Niger. Wilson is introduced by his wife Valerie Plame Wilson, who heads CPD’s Joint Task Force on Iraq (JTFI). [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Wife Does Not Participate in Meeting - In her 2007 book Fair Game, Plame Wilson will write that she brings her husband into the briefing room, introduces him to the “10 or so participants,” and “[a]fter a minute or so, I went back to my desk to attend to what seemed like a hundred other operational crises. When the meeting broke, Joe poked his head in my office to say that the group had asked him to consider going to Niger to discuss the report.” [Wilson, 2007, pp. 111]
Wilson's Qualifications - Wilson will later describe himself as “the insider increasing [the CIA analysts’] store of information, supplying that perspective missing from their raw data. I had served as a junior diplomatic officer in Niger in the mid-1970s, a period that happened to coincide with the growth in the uranium business there. We had followed this issue closely from the American Embassy in Niamey, Niger’s capital, just as my staff and I had when I was ambassador to Gabon, another uranium-producing country, from 1992 to 1995. When I worked on the National Security Council in the Clinton administration two years later, among my areas of responsibility was the African uranium industry. Rarely did conversations with Africans from uranium-producing countries fail to touch on the subject. Niger, where I had traveled frequently over the years, was always of particular interest.” [Wilson, 2004, pp. 8]
Details Shared with Wilson - In the meeting, Wilson learns of a report that purports to document a memorandum of sale from Niger to Iraq, and that the report had aroused the interest of Vice President Dick Cheney (see (February 13, 2002)). Cheney’s office has tasked the CIA to determine the truth or falsity of the report. The report is lacking in key details. Wilson’s knowledge of the region, particularly of the government and private interests involved in mining and distributing uranium, will be particularly helpful. Wilson later writes, “The Nigeriens were the same people I had dealt with during and after my time at the National Security Council, people I knew well.” The former minister of mines, the man responsible for oversight of the industry at the time of the alleged sales, is a friend of his.
Skepticism among Participants about Report - Wilson will later describe himself as “skeptical, as prudent consumers of intelligence always are about raw information.” He will note that much of this kind of intelligence is classified as “rumint,” or rumors passing as fact, and is usually “no more reliable than Bigfoot sightings. Rumint is a necessary and unfortunate reality in a world where many people will tell you what they think you want to hear, as opposed to simple facts.” [Wilson, 2004, pp. 14-15] Notes taken by INR analyst Douglas Rohn, as well as e-mails from other participants, indicate that INR expresses skepticism that the alleged uranium contract could have taken place. Rohn, who served as deputy chief of mission in Niger during the ‘90s, writes that it would have been very difficult to conceal such a large shipment of yellowcake because “the French appear to have control of the uranium mining, milling and transport process, and would seem to have little interest in selling uranium to the Iraqis.” INR also says that the embassy in Niger has good contacts and is thus in a position to get to the truth on the matter, and therefore believes the proposed trip to Niger would be redundant. Others attending the meeting argue that the trip would probably not resolve the matter because the Nigeriens would be unlikely to admit to a uranium sales agreement with Iraq. An e-mail from a WINPAC analyst to CPD following the meeting notes, “[I]t appears that the results from this source will be suspect at best, and not believable under most scenarios.” CPD nonetheless concludes that sending Wilson would be worth a try. [US Congress, 7/7/2004, pp. 59; Isikoff and Corn, 2006, pp. 94-95]
Open and Public Visit - Wilson is willing, but points out that he is not a spy, but a former diplomat with no experience with clandestine work. He will be recognized in Niger. Therefore, there can be no expectation of any covert or clandestine actions on his part; everything he does will be open and above board. He also insists on obtaining the approval of both the State Department and the US Ambassador to Niger, Barbro Owens-Kirkpatrick, before entering the country. He expects no payment for his visit, but will accept reimbursement for expenses. The others in the meeting agree. The rest of the two-hour meeting is spent considering and plotting out various scenarios, based on who he might see and what he might learn during his visit. [Wilson, 2004, pp. 16-17] “I went through what I knew about… uranium,” Wilson later recalls. “I went through what I knew about the personalities.… People chimed in, and I answered them as best I could. It was a kind of free-for-all, and at the end they sort of asked, ‘Well, would you be able to clear your schedule and go out there if we wanted?’ and I said, ‘Sure.’” [Vanity Fair, 1/2004]

Entity Tags: Douglas Rohn, Counterproliferation Division, Joseph C. Wilson, Valerie Plame Wilson, US Embassy in Niger, Bureau of Intelligence and Research

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

The CIA’s Directorate of Operations (DO) Counterproliferation Division (CPD) provides former ambassador Joseph Wilson with talking points for his scheduled trip to Niger (see February 19, 2002). The points specify that Wilson should ask Nigerien officials if they have been approached, conducted discussions, or entered into any agreements concerning uranium transfers with any “countries of concern.” Wilson should also determine how Niger accounts for all of its uranium each year, the points say. [US Congress, 7/7/2004]

Entity Tags: Counterproliferation Division, Joseph C. Wilson

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

Joseph Wilson.Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 pdf file; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 pdf file; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]

Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson

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

Carlton W. Fulford Jr.Carlton W. Fulford Jr. [Source: US Marine Corps]Marine General Carlton W. Fulford Jr., deputy commander of the US European Command, arrives in Niger on a scheduled refueling stop. At the request of US Ambassador to Niger Barbro Owens-Kirkpatrick, Fulford joins the ambassador at a meeting with Niger’s President Mamadou Tandja and Foreign Minister Aichatou Mindaoudou. He explains the importance of keeping Niger’s ore deposits secure. At the meeting, President Tandja assures the ambassador and General Fulford that Niger is determined to keep its uranium “in safe hands.” [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282; US Congress, 7/7/2004] After the meeting, Fulford concludes that Niger’s uranium is securely under the control of a French consortium and that there is little risk that the material will end up in the wrong hands. These findings are passed on to General Joseph Ralston who provides them to General Richard B. Myers, chairman of the Joint Chiefs of Staff. [Washington Post, 7/15/2003; Voice of America, 7/15/2003; Vanity Fair, 5/2004, pp. 282] The Pentagon will later say that Defense Secretary Donald Rumsfeld was not informed about the trip or its conclusions. [Voice of America, 7/15/2003]

Entity Tags: Mamadou Tandja, Joseph Ralston, Barbro Owens-Kirkpatrick, Richard B. Myers, Aichatou Mindaoudou, Carlton W. Fulford, US Department of Defense

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

In February 2002, the Belgian government secretly indicts Victor Bout, the world’s biggest illegal arms dealer, on charges of money laundering and illegal weapons trafficking. For the first time, he can be legally arrested and Interpol issues a secret arrest warrant for him anywhere in the world. Later that month, solid intelligence indicates Bout is going to be on a flight from Moldova to Greece. An encrypted message is sent by British intelligence field agents once the plane takes off, alerting their superiors in London that they are preparing to arrest Bout in Athens. But shortly after the message is sent, Bout’s plane veers away from its flight plan and disappears off radar screens into mountainous terrain. It reappears on radar about ninety minutes later and lands in Athens. British special forces raid the plane, but find it empty except for the pilot and a few passengers. One European intelligence official familiar with the operation will later say, “There were only two intelligence services that could have decrypted the British transmission in so short a time. The Russians and the Americans. And we know for sure it was not the Russians.” [Farah and Braun, 2007, pp. 202-203] It has been alleged that the US began secretly working with Bout shortly after 9/11, despite his previous connections to the Taliban (see Shortly After September 11, 2001).

Entity Tags: Victor Bout

Timeline Tags: Complete 911 Timeline

Saad bin Laden.Saad bin Laden. [Source: NBC]In the spring on 2002, as the Taliban is collapsing in Afghanistan, many al-Qaeda operatives flee into neighboring Iran. About 20 to 25 operatives composing much of al-Qaeda’s management council are said to wind up in the custody of Iran’s Revolutionary Guard. Prior to this point, the Iranian government has been turning over most al-Qaeda captives to other countries, but after President Bush’s “Axis of Evil” speech criticizing Iran (see January 29, 2002), Iran decides to keep this group. [Washington Post, 7/9/2004] Iran does not officially admit to holding them, and their status is unclear, but they all seem to be living in a village near the Caspian Sea. One senior US intelligence official says, “They are under virtual house arrest,” and not able to do much. Those said to be in Iranian custody include:
bullet Saif al-Adel, one of al-Qaeda’s top military commanders.
bullet Suliman abu Ghaith, al-Qaeda spokesman.
bullet Saad and Hamza bin Laden, two of Osama bin Laden’s young sons.
bullet Abu Dahak, who served as al-Qaeda’s liaison to the rebels in Chechnya.
bullet Mustafa Abu al-Yazid, a financial expert.
bullet Two unnamed top aides to Ayman al-Zawahiri. [MSNBC, 6/24/205]
bullet Thirwat Salah Shehata, a member of Islamic Jihad’s ruling council, who is probably one of the al-Zawahiri aides mentioned above. [MSNBC, 5/2005]
bullet Mustafa Hamza, head of Al-Gama’a al-Islamiyya, an Egyptian militant group, and an al-Qaeda leader as well (see June 26, 1995). In late 2004, he will be extradited from Iran to stand trial in Egypt. [Reuters, 1/9/2005]
At first, these operatives appear to be capable of communicating with operatives outside of Iran. Saad bin Laden is said to play a major role planning the attack of a synagogue in Tunisia in April 2002 (see April 11, 2002). But the Saudi government will suspect that some of the operatives in Iran are involved in a 2003 attack in Riyadh, Saudi Arabia (see May 12, 2003), and they will successfully press Iran to tighten the house arrest of the operatives in Iran. Iran will propose an exchange of these prisoners around the time of the Riyadh bombing, but the US will reject the offer (see Mid-May 2003). Since that time, these leaders apparently remain in a state of limbo. CIA Director Porter Goss will say in 2005, “I think [the] understanding that there is a group of leadership of al-Qaeda under some type of detention—I don’t know exactly what type, necessarily—in Iran is probably accurate.” [MSNBC, 6/24/205] Michael Scheuer, former head of the CIA’s bin Laden unit, will later ask, “The question is, what does house arrest mean in the Iranian context?” He suggests that Iran could release the group or loosen their restrictions depending on how relations evolve between the US and Iran. “They’re a guarantee against bad behavior.” [Washington Post, 9/9/2007] In 2006, it will be reported that Saad bin Laden has been freed. [Reuters, 8/2/2006] Also in 2006, al-Yazid will emerge as a leader of al-Qaeda forces in Afghanistan and may never have been in Iran. [Washington Post, 9/9/2007] In 2007, the still teenaged Hamza bin Laden will reportedly appear in Afghanistan. [Associated Press, 9/11/2007] In 2008, it will be reported that the US still knows little about the al-Qaeda figures detained in Iran, but US officials say they believe Iran has largely kept them under control since 2003, limiting their ability to travel and communicate. One US official will say, “It’s been a status quo that leaves these people, some of whom are quite important, essentially on ice.” [ABC News, 5/29/2008]

Entity Tags: Thirwat Salah Shehata, Saad bin Laden, Saif al-Adel, Mustafa Hamza, Porter J. Goss, Hamza bin Laden, Michael Scheuer, Mustafa Abu al-Yazid, Suliman abu Ghaith, Abu Dahak

Timeline Tags: US confrontation with Iran, Complete 911 Timeline

A New York Times article theorizes that diesel fuel tanks were responsible for the collapse of Building 7 of the WTC. It collapsed at 5:20 p.m. on 9/11, even though it was farther away from the Twin Towers than many other buildings that remained standing (see (5:20 p.m.) September 11, 2001). It was the first time a steel-reinforced high-rise in the US had ever collapsed in a fire. One of the fuel tanks had been installed in 1999 (see June 8, 1999) as part of a new “Command Center” for Mayor Rudolph Giuliani. [New York Times, 3/2/2002; Dow Jones Business News, 9/10/2002] However, in interviews, several Fire Department officers who were on the scene say they were not aware of any combustible liquid pool fires in WTC 7. [Fire Engineering, 9/2002] And, according to the National Institute of Standards and Technology (NIST), between 11:30 a.m. and 2:30 p.m. on 9/11, “No diesel smells [were] reported from the exterior, stairwells, or lobby areas” of WTC 7. [National Institute of Standards and Technology, 6/2004, pp. L-22] Curiously, given all the Wall Street scandals later in the year, Building 7 housed the SEC files related to numerous Wall Street investigations, as well as other federal investigative files. All the files for approximately 3,000 to 4,000 SEC cases were destroyed. Some were backed up in other places, but many were not, especially those classified as confidential. [New York Law Journal, 9/17/2001] Lost files include documents that could show the relationship between Citigroup and the WorldCom bankruptcy. [Street, 8/9/2002] The Equal Employment Opportunity Commission estimates over 10,000 cases will be affected. [New York Law Journal, 9/14/2001] The Secret Service had its largest field office, with more than 200 employees, in WTC 7 and also lost investigative files. Says one agent: “All the evidence that we stored at 7 World Trade, in all our cases, went down with the building.” [Tech TV, 7/23/2002] The IRS and Department of Defense were also tenants, along with the CIA, which, it has been revealed, had a secret office in Building 7. [CNN, 11/4/2001; New York Times, 11/4/2001; Federal Emergency Management Agency, 5/1/2002, pp. 5-2; New York Magazine, 3/20/2006] A few days later, the head of the WTC collapse investigation says he “would possibly consider examining” the collapse of Building 7, but by this time all the rubble has already been removed and destroyed. [US Congress, 3/6/2002]

Entity Tags: Larry Silverstein, Citibank, Internal Revenue Service, US Securities and Exchange Commission, Central Intelligence Agency, US Secret Service, WorldCom, World Trade Center, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A few days after the State Department determines that the reported secret uranium deal between Iraq and Niger is “unlikely” (see March 1, 2002), former ambassador Joseph Wilson returns from his fact-finding trip to Niger (see February 21, 2002-March 4, 2002). Wilson tells CIA officials that he found no evidence to show that any such deal ever took place. [Unger, 2007, pp. 241] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write that the debriefing actually begins shortly after Wilson’s arrival in the US, with “two clean-cut CIA officers, one of whom was the reports officer who had suggested sending Joe to Niger in the first place” (see February 13, 2002), arriving at the Wilson home, “clearly eager to debrief Joe so they could immediately write up an intelligence report on his trip.” Plame Wilson deliberately absents herself from the debriefing taking place in her living room, though she joins her husband and the two CIA officers for a late dinner of takeout Chinese food, where they discuss general subjects. [Wilson, 2004, pp. 29; Wilson, 2007, pp. 112] Based on Wilson’s information, the CIA’s Directorate of Operations (DO)‘s case officer writes a draft intelligence report and sends it to the DO reports officer, who adds additional relevant information from his notes. [US Congress, 7/7/2004] The report will be distributed by March 8, 2002 (see March 8, 2002). [Wilson, 2007, pp. 370]

Entity Tags: Valerie Plame Wilson, Joseph C. Wilson, Central Intelligence Agency

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

In response to a request from Vice President Dick Cheney for an update on the Niger uranium issue made a few days earlier, CIA WINPAC analysts provide an analytic update to Cheney’s intelligence briefer stating that the government of Niger has said it is making all efforts to ensure that its uranium will be used for only peaceful purposes. The update says the foreign government service (Italian military intelligence agency, SISMI) that provided the original report “was unable to provide new information, but continues to assess that its source is reliable.” The update also notes that the CIA would “be debriefing a source [Joseph Wilson] who may have information related to the alleged sale on March 5 (see March 4-5, 2002).” [US Congress, 7/7/2004]

Entity Tags: Central Intelligence Agency, Richard (“Dick”) Cheney

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

Senior CIA case officer Valerie Plame Wilson (see April 2001 and After), whose husband, former ambassador Joseph Wilson, has recently returned from a trip to Africa to find out the facts behind the allegation that Iraq had attempted to buy uranium from Niger (see February 13, 2002), receives a copy of the final intelligence report written about her husband’s trip (see March 4-5, 2002). In her 2007 book Fair Game, Plame Wilson says she receives the report “as a simple courtesy [from] the reports officer” who had suggested Wilson journey to Niger and investigate the allegations. Plame Wilson will recall the report as being “a couple of pages long and fairly straightforward, in the typical bland style of such reports.” She reads the report, makes “no changes,” and gives it back to the reports officer. [Wilson, 2007, pp. 113]

Entity Tags: Central Intelligence Agency, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 pdf file; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]

Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson

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

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

On Fox News’s Hannity and Colmes talk show, conservative pundit and author David Horowitz calls the Huntington Beach, California, public school district “racist.” Horowitz is objecting to Huntington Beach’s enforcement of racial-balancing policies that prevent white children from transferring out of certain schools and black children from transferring in. Horowitz says: “What’s going on here, it’s probably a class issue. But we don’t even know why these parents—first of all, it’s racist. The school district is racist.” When civil rights activist Lawrence Guyot attempts to refute Horowitz’s claims, Horowitz calls him a “racialist,” saying, “How can we settle the racial problem when we have racialists like Lawrence out there agitating to make every problem a racial problem?” [Media Matters, 12/1/2004]

Entity Tags: Lawrence Guyot, David Horowitz

Timeline Tags: Domestic Propaganda

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Accused abortion clinic and Olympic bomber Eric Rudolph (see January 16, 1997, February 21, 1997, January 16, 1997, and January 29, 1998), a fugitive for four years, is the subject of two letters of support found in Andrews, North Carolina. Rudolph has long been believed to be hiding out in the western mountains of North Carolina, where Andrews is located. One letter is found in the mailbox of the Andrews Journal newspaper offices, and one taped to the door of a boot store where Rudolph once purchased a pair of hiking boots. Both letters claim to be from the Army of God, a violent anti-abortion group to which Rudolph belongs (see 1982). Both letters are headed with the words, “Eric Robert Rudolph” and “May God be with you” in large type. There is no other mention of Rudolph in the letters, which vow a continued effort, “including lethal force,” to stop abortions. [CNN, 3/18/2002]

Entity Tags: Eric Robert Rudolph, Army of God

Timeline Tags: US Domestic Terrorism

Testifying before the Senate Intelligence Committee, CIA Director George Tenet says: “There is no doubt that there have been (Iraqi) contacts and linkages to the al-Qaeda organization. As to where we are on September 11, the jury is still out. As I said carefully in my statement, it would be a mistake to dismiss the possibility of state sponsorship whether Iranian or Iraqi and we’ll see where the evidence takes us…. There is nothing new in the last several months that changes our analysis in any way…. There’s no doubt there have been contacts or linkages to the al-Qaeda organization…. I want you to think about al-Qaeda as a front company that mixes and matches its capabilities…. The distinction between Sunni and Shia that have traditionally divided terrorists groups are not distinctions we should make any more, because there are common interests against the United States and its allies in this region, and they will seek capabilities wherever they can get it…. Their ties may be limited by divergent ideologies, but the two sides’ mutual antipathies toward the United States and the Saudi royal family suggests that tactical cooperation between them is possible.” [PBS, 3/19/2002; Agence France-Presse, 3/20/2002]

Entity Tags: George J. Tenet

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

March 20, 2002: SAAR Network Is Raided

US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002.US Customs Agents carry out boxes of evidence from SAAR network businesses on March 20, 2002. [Source: Mike Theiler/ Getty Images]Scores of federal agents raid 14 entities in a cluster of more than 100 homes, charities, think tanks, and businesses in Herndon, Virginia, a town just outside of Washington with a large Muslim population. No arrests are made and no organizations are shut down, but over 500 boxes of files and computer files are confiscated, filling seven trucks. This group of interlocking entities is widely known as the SAAR network (it is also sometimes called the Safa Group). SAAR stands for Sulaiman Abdul Aziz al-Rajhi, a Saudi banker and billionaire who largely funded the group beginning in the early 1980s (see July 29, 1983). He is said to be close to the Saudi ruling family and is on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). [New York Times, 3/21/2002; Farah, 2004, pp. 152; Wall Street Journal, 6/21/2004] The name and address of Salah al-Rajhi, Suleiman’s brother, was discovered in 1998 in the telephone book of Wadih El-Hage (see September 15, 1998). El-Hage was bin Laden’s personal secretary and was convicted of a role in the 1998 US embassy bombings. [New York Times, 3/25/2002] The raids are said to be primarily led by David Kane, a Customs agent working with a Customs investigation started just after 9/11 code-named Operation Greenquest. Many of the organizations are located at an office building at 555 Grove Street in Herndon. Kane writes in an affidavit for the raid that many organizations based there are “paper organizations” which “dissolve and are replaced by other organizations under the control of the same group of individuals.” [New York Times, 3/21/2002; Wall Street Journal, 6/21/2004] Investigators appear to be primarily interested in the connections between the SAAR network and the Al Taqwa Bank, a Swiss bank closed after 9/11 on suspicions of funding al-Qaeda and other terrorist groups (see November 7, 2001). They are also interested in connections between both SAAR and Al Taqwa and the Muslim Brotherhood (see December 1982). According to author Douglas Farah, “US officials [later say] they had tracked about $20 million from [SAAR] entities flowing through Nada’s Bank al Taqwa, but said the total could be much higher. The ties between Nada and [SAAR] leaders were many and long-standing, as were their ties to other [Muslim] Brotherhood leaders.… For a time, Suleiman Abdel Aziz al-Rajhi, the SAAR Foundation founder, worked for Nada” at Al Taqwa’s Liechtenstein branch. [New York Times, 3/25/2002; Farah, 2004, pp. 154-155] Organizations and individuals targeted by the raid include:
bullet Yaqub Mirza. He is the director of virtually all of the organizations targeted in the raid. The Wall Street Journal claims, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” [Wall Street Journal, 4/18/2002; Wall Street Journal, 12/6/2002]
bullet The SAAR Foundation or the Safa Trust, an umbrella group for the SAAR network. The SAAR Foundation had recently disbanded and reformed as the Safa Trust. [New York Times, 3/21/2002; Wall Street Journal, 3/22/2002; Washington Post, 10/7/2002]
bullet Hisham Al-Talib, who served as an officer of the SAAR Foundation and Safa Trust, had previously been an officer of firms run by Youssef Nada. Nada is one of the main owners of the Al Taqwa Bank. [Wall Street Journal, 3/22/2002]
bullet Mar-Jac Poultry Inc., an Islamic chicken processor with operations in rural Georgia. [Wall Street Journal, 6/21/2004]
bullet Jamal Barzinji. An officer of Mar-Jac and other organizations targeted in the raid, he had previously been involved with Nada’s companies. [Wall Street Journal, 3/22/2002]
bullet The International Islamic Relief Organization (IIRO). [New York Times, 3/21/2002]
bullet The Muslim World League. It is considered to be a parent organization for the IIRO. [New York Times, 3/21/2002]
bullet International Institute for Islamic Thought (IIRT). The IIRT had been under investigation since at least 1998. [New York Times, 3/21/2002]
bullet Tarik Hamdi, an employee at IIRT. His home is also raided. He carried a battery for a satellite phone to Afghanistan in early 1998, and the battery was used for Osama bin Laden’s phone (see May 28, 1998). [New York Times, 3/21/2002]
bullet Abdurahman Alamoudi, a top Muslim lobbyist who formerly worked for one of the SAAR organizations. His nearby home is raided. The search yields a memo on large transactions involving Hamas, operations against the Israelis, and the notation “Met Mousa Abu Marzouk in Jordan.” Marzouk is a Hamas leader believed to be involved in fundraising for Hamas in the US for many years (see July 5, 1995-May 1997). Alamoudi is alleged to be a leader of the Muslim Brotherhood. [Wall Street Journal, 6/21/2004]
bullet Samir Salah, an Egyptian-born president of the Piedmont Trading Corporation, which is part of the SAAR network. He is also a former director and treasurer of the Al Taqwa Bank’s important Bahamas branch. Additionally, he was a founder of a Bosnian charity reportedly connected to a plot to blow up the US embassy in Bosnia. [New York Times, 3/25/2002]
bullet Ibrahim Hassabella. He is a shareholder of the SAAR Foundation and also a former secretary of the Al Taqwa Bank. [New York Times, 3/25/2002] Investigators will later find that much of SAAR’s money seemed to disappear into offshore bank accounts. For instance, in 1998, SAAR claimed to have moved $9 million to a charity based in the tax haven of the Isle of Man, but investigators will find no evidence the charity existed. One US official involved in the probe will say of SAAR, “Looking at their finances is like looking into a black hole.” [Washington Post, 10/7/2002] In 2003, it will be reported that US investigators are looking into reports that the director of the SAAR foundation for most of the 1990s stayed in the same hotel as three of the 9/11 hijackers the night before the 9/11 attacks (see September 10, 2001). Some US investigators had looked into the SAAR network in the mid-1990s, but the FBI blocked the investigation’s progress (see 1995-1998).

Secretary of Defense Donald Rumsfeld signs Military Commission Order No. 1 prescribing the procedures of the military commission trials (see November 10, 2001). The order says a two-third majority is required to determine a sentence and unanimity for applying the death penalty. It fails to provide for the possibility of appeals. It also says evidence submitted before a commission “shall” be declared admissible if the presiding officer or a majority of the commission members consider that it “would have probative value to a reasonable person.” [US Department of Defense, 3/21/2002 pdf file]
Fundamental Violations of Defendant Rights - Thus, if the presiding member or a majority considers a statement made under any form of coercion, including torture, to have some “probative value,” it “shall” be admitted. Professor Neal Katyal of Georgetown University later says this is a break with standard proceedings in civil courts and courts-martial and calls it “clearly at odds with American military justice.” [Los Angeles Times, 8/18/2004] Under the rules, the “Accused” is assigned a military officer to conduct his defense, but may select another officer. He may also retain a civilian attorney; however, he may only choose a lawyer who is vetted by the military. Unlike a military attorney, the civilian lawyer can be excluded from the trial if the presiding member of the commission decides to hold closed proceedings. This prompts Amnesty International to observe that the commissions “will restrict the right of defendants to choose their own counsel and to an effective defense.” [Amnesty International, 10/27/2004] Under the rules of the military commissions the military is allowed to monitor private conversations between defense lawyers and their clients. This violates, as Human Rights Watch remarks, “the fundamental notion of attorney-client confidentiality.” [Human Rights Watch, 1/9/2004]
Extraordinary Procedures for a 'Special Breed of Person' - In a discussion of the new rules, Deputy Secretary of Defense Paul Wolfowitz, in an appearance on the PBS NewsHour with Jim Lehrer, explains that the detainees being held in Guantanamo are “dangerous people, whether or not they go before a military commission.” He adds, “We’re dealing with a special breed of person here” and thusly new and far more draconian rules must be applied. [PBS, 3/21/2002]
Battle with JAG Lawyers - Rumsfeld worked with lawyers from the Pentagon’s Judge Advocate General (JAG) office to create the procedures for the commissions. The JAG lawyers viewed the commissions as well outside the established rule of law, both in due process as mandated by the Constitution and in the protections mandated by the Geneva Conventions. But Rumsfeld and his group of political appointees considered the JAGs too closed-minded, and insisted on procedures that horrified the military lawyers—low standards for convictions, denial of civilian attorneys, imposition of the death penalty without unanimous consent of the panel of officers judging the case, and other proposed procedures. The JAGs argued that some of the proposals floated by Rumsfeld and his staff would violate their own ethical standards and put them at risk for later prosecution for war crimes if adopted. One top JAG official threatened to resign if the procedures were not brought more in line with established military law. The final version is a compromise between the two camps. Major General Thomas Romig, the head of JAG, later says that the final version still is not what the JAGs would have created on their own. As reporter and author Charlie Savage will later write, based on Romig’s comments: “While less draconian than the political appointees’ initial plans, the military commissions were still legally objectionable in several respects. The commission rules, for example, allowed secret evidence that would be kept hidden from a defendant and allowed the admission of evidence obtained through coercive interrogations [torture]. Moreover, the special trials still had no explicit congressional authorization.” [Savage, 2007, pp. 138-139]

Entity Tags: Thomas J. Romig, US Department of Defense, Neal Katyal, Donald Rumsfeld, Human Rights Watch, Judge Advocate General Corps, Charlie Savage, Geneva Conventions, Paul Wolfowitz

Timeline Tags: Torture of US Captives, Civil Liberties

FBI translator Sibel Edmonds is called to the office of Stephanie Bryan, the supervisor of the Bureau’s translation department. While waiting she sees Mike Feghali, who, according to Edmonds, “tap[s] his watch and say[s], ‘In less than an hour you will be fired, you whore.’” A few minutes later, she meets with supervisory special agent Tom Frields who dismisses her on grounds that she violated security procedures. [Vanity Fair, 9/2005] An agent then escorts her out of the building and tells her: “We will be watching you and listening to you. If you dare to consult an attorney who is not approved by the FBI, or if you take this issue outside the FBI to the Senate, the next time I see you, it will be in jail.” [New York Observer, 1/22/2004]

Entity Tags: Mike Feghali, Sibel Edmonds, Thomas Frields, Federal Bureau of Investigation, Stephanie Bryan

Timeline Tags: Complete 911 Timeline

Vice President Cheney discusses Saddam Hussein on CNN: “This is a man of great evil. He knows we’re deadly serious. Our friends and allies in the region know we’re deadly serious and that we do need to find a way to address this problem.” And that same day on Meet the Press, Cheney discusses Iraq: “The evidence is overwhelming. And one of the things that we need to do is to make the case, lay it out there. This is the evidence. This is what he’s done. This is what he’s doing. This is the threat to the United States and to our friends around the world.” [PBS Frontline, 6/20/2006]

Entity Tags: Richard (“Dick”) Cheney, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]

Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

Page 13 of 26 (2565 events)
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