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Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. Attendees of the Malaysian summit. Top row, from left: Nawaf Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed. Middle row, from left: Khallad bin Attash, Abd al-Rahim al-Nashiri, Hambali. Bottom row, from left: Yazid Sufaat, Ramzi bin al-Shibh, Abu Bara al-Taizi. [Source: FBI]About a dozen of Osama bin Laden’s trusted followers hold a secret, “top-level al-Qaeda summit” in the city of Kuala Lumpur, Malaysia. [CNN, 8/30/2002; San Diego Union-Tribune, 9/27/2002] According to an unnamed senior CIA official, before the summit started, the CIA learned that “11 young guys” were going to attend, and “young guys” is slang for operatives traveling. [Bamford, 2008, pp. 18] Plans for the October 2000 bombing of the USS Cole (see October 12, 2000) and the 9/11 attacks are discussed. [USA Today, 2/12/2002; CNN, 8/30/2002] At the request of the CIA, the Malaysian Secret Service monitors the summit and then passes the information on to the US (see January 5-8, 2000 and Shortly After). Attendees of the summit are said to include:
Nawaf Alhazmi and Khalid Almihdhar - The CIA and FBI will later miss many opportunities to foil the 9/11 plot through Alhazmi and Almihdhar and the knowledge of their presence at this summit. The CIA already knows many details about these two by the time the summit begins (see January 2-4, 2000), and tracked Almihdhar as he traveled to it (see January 2-5, 2000).
Yazid Sufaat - Sufaat is a Malaysian who owns the condominium where the summit is held. He is also a trained biologist and is said to be a leading figure in al-Qaeda’s attempts to get a biological or chemical weapon. [New York Times, 1/31/2002; Newsweek, 6/2/2002] Malaysian officials also recognize Sufaat from summit surveillance photos, as he is a long-time Malaysian resident (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002] A possibility to expose the 9/11 plot through Sufaat’s presence at this summit will later be missed in September 2000 (see September-October 2000). Sufaat will travel to Afghanistan in June 2001 and be arrested by Malaysian authorities when he returns to Malaysia in late 2001 (see December 19, 2001). [Australian, 12/24/2002] He will be released in 2008 (see December 4, 2008).
Hambali - An Indonesian militant known as Hambali, or Nurjaman Riduan Isamuddin [BBC, 8/15/2003] , was heavily involved in the Bojinka plot, an early version of the 9/11 plot (see January 6, 1995 and June 1994). [CNN, 3/14/2002; CNN, 8/30/2002] The FBI was aware of who he was and his connections to the Bojinka plot at least by 1999 and identified a photograph of him by that time (see May 23, 1999). He will be arrested by Thai authorities in August 2003 (see August 12, 2003). [CNN, 8/14/2003; CBS News, 8/15/2003] Malaysian officials recognize Hambali from summit surveillance photos, as he is a long-time Malaysian resident. But the US does not tell them of his Bojinka connections, so they will not know to arrest him after the summit is over (see Shortly After January 8, 2000). [New Straits Times, 2/10/2002]
Khalid Shaikh Mohammed - Mohammed is sometimes referred to as “KSM,” an al-Qaeda leader and the alleged “mastermind” of the 9/11 attacks. The US has known KSM is an Islamic militant since the exposure of Operation Bojinka in January 1995 (see January 6, 1995), and knows what he looks like. US officials will state that they only realized the summit was important in 2001, but the presence of KSM should have proved its importance. [Los Angeles Times, 2/2/2002] Although the possible presence of KSM at this summit will be disputed by US officials, one counterterrorism expert will testify before the 9/11 Commission in 2003 that he has access to transcripts of KSM’s interrogations since his capture, and that KSM has admitted leading this summit and telling the attendees about a planes-as-weapons plot targeting the US (see July 9, 2003). [Newsweek, 7/9/2003; New York Post, 7/10/2003] Many other media reports will identify him as being there. [Independent, 6/6/2002; CNN, 8/30/2002; CNN, 11/7/2002; Canadian Broadcasting Corporation, 10/29/2003] For instance, according to Newsweek: “Mohammed’s presence would make the intelligence failure of the CIA even greater. It would mean the agency literally watched as the 9/11 scheme was hatched—and had photographs of the attack’s mastermind… doing the plotting.” [Newsweek, 7/9/2003] In Hambali’s 2008 Guantanamo file, it will be mentioned that KSM stays a week at Sufaat’s condominium with Alhazmi and Almihdhar, which would seem to make clear that KSM is there for the entire duration of the summit (see Early January 2000). [US Department of Defense, 10/30/2008]
Khallad bin Attash - Khallad bin Attash, a “trusted member of bin Laden’s inner circle,” is in charge of bin Laden’s bodyguards, and serves as bin Laden’s personal intermediary at least for the USS Cole bombing. [Newsweek, 9/20/2001 pdf file] He is also thought to be a “mastermind” of that attack. Attash is reportedly planning to be one of the 9/11 hijackers, but will be unable to get a US visa. [9/11 Commission, 6/16/2004, pp. 8] US intelligence had been aware of his identity as early as 1995. [US Congress, 9/18/2002] A possibility to expose the 9/11 plot through bin Attash’s presence at this summit will be missed in January 2001 (see January 4, 2001). Bin Attash had been previously arrested in Yemen for suspected terror ties, but was let go (see Summer 1999). [Contemporary Southeast Asia, 12/1/2002] He will be captured in Pakistan by the US in April 2003 (see April 29, 2003). In 2008, Newsweek will report that bin Attash confessed during interrogation that, while staying at Sufaat’s condominium, he and Alhazmi talked “about the possibility of hijacking planes and crashing them or holding passengers as hostages.” [Newsweek, 12/16/2008]
Abd al-Rahim al-Nashiri - Al-Nashiri is one of al-Qaeda’s top field commanders and operates out of Malaysia while 9/11 is being prepared. [Los Angeles Times, 10/10/2001; Gunaratna, 2003, pp. 188; Graham and Nussbaum, 2004, pp. 59] He was involved in an arms smuggling plot (see 1997) and the East African embassy bombings (see August 22-25 1998), in which his cousin was martyred (see 10:35-10:39 a.m., August 7, 1998). He also organized the attack against the USS The Sullivans (see January 3, 2000), and will be involved in the attacks against the USS Cole (see October 12, 2000) and the Limburg (see October 6, 2002). He will be arrested in the United Arab Emirates in November 2002 (see Early October 2002). An al-Qaeda operative identified a photo of al-Nashiri for the FBI in late 1998 (see August 22-25 1998). [9/11 Commission, 7/24/2004, pp. 152-3] (Note: in the sources, al-Nashiri is referred to by two of his aliases: Muhammad Omar al-Harazi and Al Safani.) [CNN, 12/11/2000; Central Intelligence Agency, 9/6/2006]
Ramzi bin al-Shibh - Investigators believe he wants to be the 20th 9/11 hijacker. His presence at the summit may not be realized until after 9/11, despite the fact that US intelligence has a picture of him next to bin Attash, and has video footage of him. [Newsweek, 11/26/2001; Washington Post, 7/14/2002; Time, 9/15/2002; Die Zeit (Hamburg), 10/1/2002; CNN, 11/7/2002] German police will have credit card receipts indicating bin al-Shibh is in Malaysia at this time. [Los Angeles Times, 9/1/2002] Ulrich Kersten, director of Germany’s federal anticrime agency, the Bundeskriminalamt, will later say, “There are indications that Ramzi bin al-Shibh was in Kuala Lumpur for the meeting.” [New York Times, 8/24/2002] Another account noting he was photographed at the summit will further note that he enters and leaves Thailand three times in the first three weeks of January 2000. [Los Angeles Times, 10/17/2001] Anonymous Malaysian officials will later claim he is at the summit, but US officials will deny it. Two local militants who serve as drivers for the attendees will later be arrested in Malaysia. They will be shown photos of the attendees, and confirm that bin al-Shibh was at the summit. [Associated Press, 9/20/2002] One account will say he is recognized at the time of the summit, which makes it hard to understand why he is not tracked back to Germany and the Hamburg cell with Mohamed Atta and other 9/11 hijackers. [Der Spiegel (Hamburg), 10/1/2002] Another opportunity to expose the 9/11 plot through bin al-Shibh’s presence at this summit will be missed in June. It appears bin al-Shibh and Almihdhar are directly involved in the attack on the USS Cole in October 2000 (see October 10-21, 2000). [Guardian, 10/15/2001; Washington Post, 7/14/2002; Newsweek, 9/4/2002]
Salem Alhazmi - Alhazmi, a 9/11 hijacker and brother of Nawaf Alhazmi, is possibly at the summit, although very few accounts will mention it. [Australian, 12/24/2002] US intelligence intercepts from before the summit indicate that he at least had plans to attend. [US Congress, 7/24/2003, pp. 51 pdf file]
Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said) - A Yemeni al-Qaeda operative, al-Taizi is reportedly meant to be one of the 9/11 hijackers, but will be unable to enter the US due to greater scrutiny for Yemenis. [9/11 Commission, 6/16/2004, pp. 8] Al-Taizi will be captured in Pakistan in February 2002, and then sent to the US prison in Guantanamo a few months later (see February 7, 2002). According to his 2008 Guantanamo file, he traveled from Afghanistan to Malaysia with bin Attash about two weeks before the summit. Bin Attash was missing a leg, and he had a prosthetic leg fitted and then stayed in the hospital to recover from the surgery. Bin Attash and al-Taizi stay at Sufaat’s house for the duration of the summit. Al-Taizi then flies to Yemen to visit his family there. [US Department of Defense, 10/25/2008]
Others - Unnamed members of the Egyptian-based Islamic Jihad are also said to be at the summit. [Cox News Service, 10/21/2001] Islamic Jihad merged with al-Qaeda in February 1998. [ABC News, 11/17/2001] However, according to the Wall Street Journal, bin Attash and Fahad al-Quso are suspected of being Islamic Jihad members at one point, so this may just be a reference to them. [Wall Street Journal, 10/8/2001] Note that there are a total of 10 names mentioned above, and it will be reported that the CIA learned that 11 operatives were to attend, so either not all of them make it, or some names of attendees will remain unknown.
Summit Associates - The following individuals are probably not at the summit meetings, but are in the region and assisting or linked with the attendees at this time:
Fahad Al-Quso - Al-Quso is a top al-Qaeda operative who is involved in the bombing of the USS Cole. Some sources will indicate al-Quso is present in Malaysia, and a person who looks like him will later be seen in a photograph of the meeting (see June 11, 2001). [Newsweek, 9/20/2001 pdf file] However, other sources will say al-Quso did not reach Kuala Lumpur, but met with bin Attash around this time in Bangkok, Thailand (see January 5-6, 2000 and January 8-15, 2000). [9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 330] Although al-Quso apparently is not at the summit, there are a series of phone calls during the time of the summit between his hotel in Bangkok, a phone booth near the condominium where the summit is held, and his family home in Yemen (see (January 5-8, 2000)). Al-Quso will be arrested by Yemeni authorities in the fall of 2000 (see Late October-Late November 2000), but the FBI will not be given a chance to fully interrogate him before 9/11. He will escape from prison in 2003. [CNN, 5/15/2003]
Ahmad Sajuli Abdul Rahman - An operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, Sajuli takes the visiting Arabs around Kuala Lumpur, but apparently does not attend the summit meetings. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee al-Taizi, one of the attendees Sajuli escorts around town is future 9/11 hijacker Khalid Almihdhar. Sajuli also helps arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli will be arrested in Malaysia in December 2001 (see December 29, 2001).
Ahmad Hikmat Shakir - A suspected al-Qaeda agent of Iraqi nationality, Shakir is a greeter at Kuala Lumpur airport. He meets Almihdhar there and travels with him to the apartment where the summit is held, but he probably does not attend the summit meetings. [Associated Press, 10/2/2002; Newsweek, 10/7/2002; Australian, 12/24/2002; Knight Ridder, 6/12/2004] After 9/11, he will be linked to the 1993 World Trade Center bombing and the 1995 Bojinka plot. Jordan will arrest him and let him go after the US says it doesn’t want to take custody of him (see September 17, 2001).
Dhiren Barot - Dhiren Barot (a.k.a. Abu Eissa al-Hindi) is a British citizen of Indian descent. According to a 2006 Observer article, Barot “is not believed to have been present” at the summit meetings. However, he does go to Kuala Lumpur during the time of the summit with summit attendee bin Attash. And shortly after the summit, Barot holds meetings with Hambali. It will later be reported that Barot is sent by KSM to New York City in early 2001 to case potential targets there, although whether this is part of the 9/11 plot or some other plot is unclear (see May 30, 2001). Barot will be arrested in 2004 in Britain for plotting attacks there, and sentenced to 30 years in prison (see August 3, 2004). [Observer, 12/12/2006]
Another Unnamed Local Militant - Malaysian officials will say that two local Jemaah Islamiyah act as drivers for the attendees. These drivers apparently have no idea who the attendees are or what they are doing; they are just tasked to drive them around. In a 2002 Associated Press article, officials will not name these drivers, but will say that they are among the dozens of alleged Jemaah Islamiyah militants arrested in December 2001 and January 2002. Since Sajuli mentioned above is arrested at that time, he presumably is one of these drivers. It is not known who the other driver is. (Sufaat will be arrested at that time as well, but the Associated Press article will make clear Sufaat is not one of the drivers.) [Associated Press, 9/20/2002]
Probably Not Involved: Mohamed al-Khatani - A Saudi, he allegedly will confess to attending the summit while being held in the US Guantanamo prison (see July 2002). He apparently will unsuccessfully attempt to enter the US in August 2001 to join the 9/11 plot (see August 4, 2001). However, al-Khatani will later recant his testimony and say he lied to avoid torture (see October 26, 2006). Furthermore, his 2008 Guantanamo file, leaked to the public in 2011, contains no hint of him even possibly attending the summit. The contents of the file must be treated with extreme caution, especially since he is repeatedly and brutally tortured (see August 8, 2002-January 15, 2003 and January 14, 2009). But according to the general narrative of the file, al-Khatani had no involvement with Islamist militancy in early 2000, only starts to get involved with militants in mid-2000, and first attends a militant training camp in Afghanistan in late 2000. [US Department of Defense, 10/30/2008]

Entity Tags: Hambali, Abu Bara al-Taizi, Dhiren Barot, Central Intelligence Agency, Ahmad Hikmat Shakir, Ahmad Sajuli Abdul Rahman, Al-Qaeda, Abd al-Rahim al-Nashiri, Islamic Jihad, Jemaah Islamiyah, Fahad al-Quso, Khalid Shaikh Mohammed, Ulrich Kersten, Yazid Sufaat, Khalid Almihdhar, Ramzi bin al-Shibh, Salem Alhazmi, Mohamed al-Khatani, Malaysian Secret Service, Khallad bin Attash, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

The NSA completes a report for the incoming Bush administration entitled “Transition 2000” that tells how the NSA is planning to improve its intelligence gathering. More importantly, it tells incoming White House officials that in the process of improving its intelligence gathering, some US citizens will inevitably be targeted for surveillance, though, according to a former NSA official, analysts were supposed to “delete the name of the” citizen being surveilled. Such inadvertent surveillance of US citizens took place even during the Clinton administration, says that former official, but the citizens’ names were always deleted from the transcripts of the communications intercepts. The law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents. (With the permission of the Foreign Intelligence Surveillance Court (FISC), the NSA can spy on diplomats and foreigners inside US borders.) An NSA official will tell the Boston Globe in October 2001, “If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there.” However, once President Bush takes office in January 2001, that practice will undergo a radical change (see Spring 2001). [Truthout (.org), 1/17/2006] In the same transition report, agency officials say that the NSA must become a “powerful, permanent presence” on the commercial communications networks, a goal they admit will raise legal and privacy issues. [New York Times, 12/16/2007]

Entity Tags: Bush administration (43), National Security Agency

Timeline Tags: Civil Liberties

The NSA asks Qwest, a major US telecommunications firm and a cutting-edge provider of high-tech wireless and Internet connectivity, to reveal information about its customers and their phone calls. Qwest’s CEO, Joe Nacchio, refuses after meeting with NSA officials and deciding that the program is illegal without court orders (see February 27, 2001). The NSA refuses to seek court authorization for its wiretaps and electronic surveillance. The NSA will renew its request from Qwest after the 9/11 attacks, and will also ask the firm to help it track suspected terrorists. Other telecommunications firms such as Verizon, AT&T, and BellSouth, will comply with the NSA’s requests (see February 2001 and Beyond).
Fears of a 'Digital Pearl Harbor' - According to a former White House official, the NSA’s primary purpose before 9/11 is to watch for computer hackers and foreign-government agents trying to hack into the government’s computer information systems, particularly those within the Defense Department. Government officials fear a “digital Pearl Harbor” if hackers were ever to seize control of those systems or other key US infrastructures. The former official will say in 2007 that the NSA’s proposal to Qwest is, “Can you build a private version of Echelon and tell us what you see?” Echelon is the NSA’s enormous signals intelligence (SIGINT) network used by the agency and its counterparts in Australia, Canada, New Zealand, and Britain. Qwest is constructing a high-speed network for phone and Internet traffic, and the NSA wants Qwest to keep records of its customers’ transactions for it. The NSA, another source will say, wants to analyze call, e-mail, and other transmissions’ traffic patters for signs of suspicious activity. The White House official will say that telecom firms such as Qwest “have an enormous amount of intelligence-gathering” capability. They don’t have to target individual customers to “look for wacky behavior,” or “groups communicating with each other in strange patterns.” Such information could augment intelligence that the NSA and other agencies were gathering from other sources, and enable the NSA to collect the information it wants without violating laws prohibiting it and other intelligence agencies from directly gathering data on US citizens.
Ill Will from NSA - Nacchio’s refusal to go along with the NSA’s request garners it some ill will among the US intelligence community, the former White House official will say. Nacchio will contend that because of his refusal, the NSA denied Qwest a lucrative government contract. A former high-level intelligence official will add that other telecom companies had little problem agreeing to the NSA’s requests. Nacchio believes that the NSA’s request is illegal under the Telecommunications Act without court orders; the former White House official will acknowledge that it might violate the 1986 Electronic Communications Privacy Act. After 9/11, that law will be amended by the USA Patriot Act to give the government more room to monitor US citizens.
Qwest, Other Telecom Firms Cooperative with Other Agencies - Qwest is apparently less reluctant to share other information with the Pentagon. Qwest began sharing its technology and information as far back as 1997 (see 1997). In May 2001, Commerce Secretary Don Evans will tell the Senate Appropriations Committee that his department helped persuade Qwest to “share proprietory information with the Defense Department to evaluate the vulnerability of its network.” Qwest, which serves the Rocky Mountain and West Coast regions of the country, covers the areas that house some of the military’s most important command-and-control facilities, including the US Strategic Command. In the 1990s, Qwest began actively pursuing contracts with the Defense Department to build more modern, private, secure networks for defense and intelligence agencies. [National Journal, 11/2/2007]
Meetings with Bush Officials - In court documents filed in 2006 to challenge his prosecution for insider trading and, in heavily redacted form, released to the public in 2007, Nacchio will indicate that telecom executives met frequently with Bush administration officials before 9/11, including Deputy Defense Secretary Paul Wolfowitz, National Security Adviser Condoleezza Rice, NSA Director Michael Hayden, and counterterrorism “tsar” Richard Clarke. Many telecom firms are working closely with the government to develop highly classified operations, including joint networks to which the government will have unfettered access. The future director of national intelligence, Mike McConnell, works with telecom firms to expand the cooperation between the telecom industry and the federal government. [Salon, 10/15/2007]

Entity Tags: Condoleezza Rice, US Department of Defense, Bush administration (43), Verizon Communications, AT&T, US Department of Commerce, Senate Appropriations Committee, US Strategic Command, BellSouth, Donald L. Evans, Echelon, Richard A. Clarke, Qwest, Mike McConnell, National Security Agency, Joe Nacchio, Paul Wolfowitz

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

Customs agent Jose Melendez-Perez.
Customs agent Jose Melendez-Perez. [Source: US Senate]A Saudi named Mohamed al-Khatani is stopped at the Orlando, Florida, airport and denied entry to the US. Jose Melendez-Perez, the customs official who stops him, later says he was suspicious of al-Khatani because he had arrived with no return ticket, no hotel reservations, spoke little English, behaved menacingly, and offered conflicting information on the purpose of his travel. At one point, al-Khatani said that someone was waiting for him elsewhere at the airport. After 9/11, surveillance cameras show that Mohamed Atta was at the Orlando airport that day. 9/11 Commissioner Richard Ben-Veniste says: “It is extremely possible and perhaps probable that [al-Khatani] was to be the 20th hijacker.” Al-Khatani boards a return flight to Saudi Arabia. He is later captured in Afghanistan and sent to a US military prison at Guantanamo Bay, Cuba (see December 2001). Melendez-Perez says that before 9/11, customs officials were discouraged by their superiors from hassling Saudi travelers, who were seen as big spenders. [Los Angeles Times, 1/27/2004; Time, 6/12/2005] Al-Khatani will later confess to being sent to the US by 9/11 mastermind Khalid Shaikh Mohammed (KSM) (see July 2002), and in June 2001 US intelligence was warned that KSM was sending operatives to the US to meet up with those already there (see June 12, 2001).

Entity Tags: Richard Ben-Veniste, Mohamed Atta, Jose Melendez-Perez, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ali Saleh Kahlah al-Marri, from Qatar but a legal US resident, arrives in the US with his wife and five children, reportedly to pursue a master’s degree in computer science at Bradley University in Peoria, Illinois. [Peoria Journal Star, 12/19/2001; New York Times, 6/21/2004] Al-Marri appears to have been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed (KSM). During his interrogation, KSM will identify al-Marri as “the point of contact for al-Qaeda operatives arriving in the US for September 11 follow-on operations.” He will describe al-Marri as “the perfect sleeper agent because he has studied in the United States, had no criminal record, and had a family with whom he could travel.” [Newsweek, 6/15/2003] However, there are doubts about the reliability of KSM’s interrogation, which is believed that have been obtained through the use of torture (see June 16, 2004). Al-Marri also lived in Illinois for part of 2000 under a different name. [New York Daily News, 1/11/2003] He is apparently related to Mohamed al-Khatani, who attempted to enter the US in August 2001 to join the 9/11 plot (see July 2002). [New York Times, 6/21/2004] In December 2001, al-Marri will be detained as a material witness to the 9/11 attacks (see December 12, 2001).

Entity Tags: Mohamed al-Khatani, Khalid Shaikh Mohammed, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

All the alleged 9/11 hijackers reportedly check in at the airports from where they board Flights 11, 175, 77, and 93. [9/11 Commission, 7/24/2004, pp. 1-4; 9/11 Commission, 8/26/2004, pp. 27, 89, 93] Since 1998, the FAA has required air carriers to implement a program called the Computer Assisted Passenger Prescreening System (CAPPS). This identifies those passengers who might be a security risk, based upon suspicious behavior such as buying one-way tickets or paying with cash. CAPPS also randomly assigns some passengers to receive additional security scrutiny. If a particular passenger has been designated as a “selectee,” this information is transmitted to the airport’s check-in counter, where a code is printed on their boarding pass. At the airport’s security checkpoints, selectees are subjected to additional security measures. [US News and World Report, 4/1/2002; 9/11 Commission, 1/27/2004; US Congress, 3/17/2004; 9/11 Commission, 8/26/2004, pp. 2, 85] Their baggage is to be screened for explosives or held off the plane until they have boarded. Supposedly, the thinking behind this is that someone smuggling a bomb onto a plane won’t get onto that same flight. According to the 9/11 Commission, nine of the 19 hijackers are flagged by the CAPPS system before boarding Flights 11, 175, 77, and 93. [Washington Post, 1/28/2004; 9/11 Commission, 7/24/2004, pp. 84; United States of America v. Zacarias Moussaoui, a/k/a Shaqil, a/k/a Abu Khalid al Sahrawi, Defendant, 3/6/2006] In addition, Mohamed Atta was selected when he checked in at the airport in Portland, for his earlier connecting flight to Boston (see 5:33 a.m.-5:40 a.m. September 11, 2001). All of the hijackers subsequently pass through security checkpoints before boarding their flights. [9/11 Commission, 7/24/2004, pp. 1-4]

Entity Tags: Federal Aviation Administration, Computer Assisted Passenger Prescreening System

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An illustration of the NIMD dataflow.An illustration of the NIMD dataflow. [Source: LibertyThink.com] (click image to enlarge)Shortly after the 9/11 attacks, the NSA awards $64 million in research contracts for a program called Novel Intelligence from Massive Data (NIMD). [New York Times, 5/21/2003; National Journal, 1/20/2006] NIMD is one of several cutting-edge data mining technologies that not only has the capability of finding keywords among millions of electronically monitored communications, but can find hidden relationships among data points, and even critique the thinking and biases of a particular analyst and suggest alternative hypotheses differing from the human analysts’ conclusion. Like other data-mining technologies, the NSA will steadfastly refuse to discuss whether NIMD is used to analyze data from domestic surveillance operations. NIMD is designed as an preliminary sort program, to keep human analysts from becoming overwhelmed by raw data. In essence, NIMD is an early-warning system. “NIMD funds research to…help analysts deal with information-overload, detect early indicators of strategic surprise, and avoid analytic errors,” according to the “Call for 2005 Challenge Workshop Proposals” released by the Advanced Research and Development Activity (ARDA). ARDA was founded in 1998 to create, design, and field new technologies for US intelligence agencies, particularly the NSA. A selected few Congressional lawmakers (see January 18, 2006) were informed that the warrantless surveillance program authorized by President George W. Bush (see Early 2002) was designed to be an early-warning system for possible terrorist attacks or plans. Assistant Attorney General William Moschella will inform the top Democrats and Republicans on the House and Senate Intelligence committees in December 2002 that the “president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. He will justify the use of programs such as NIMD by claiming, as NSA director Michael Hayden and other administration officials have repeatedly claimed, that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” Many experts outside of the Bush administration feel that NIMD and other programs do not have to operate outside of the Foreign Intelligence Surveillance Act (FISA) because of limitations in the law, but because of the fact that the programs cannot meet the law’s minimum requirements for surveillance. FISA requires that any such surveillance must have a probable cause that the target is a terrorist. NIMD has no such threshold. Steven Aftergood, an expert on intelligence and government secrecy with the Federation of American Scientists, will say in 2006, “Logistically speaking, the early-warning approach may involve a significant increase in the number of surveillance actions. It may be that neither the Justice Department nor the [Foreign Intelligence Surveillance Court, which approves wiretapping warrants] is prepared to prepare and process several thousand additional FISA applications per year, beyond the 1,700 or so approved in 2004.” [National Journal, 1/20/2006] Some experts will later express the opinion that NIMD is the controversial Total Information Awareness program in a slightly different form (see February 2003 and September 2002).

Entity Tags: Senate Intelligence Committee, US Department of Justice, Total Information Awareness, William E. Moschella, Tom Armour, Novel Intelligence from Massive Data, Steven Aftergood, Michael Hayden, National Security Agency, Advanced Capabilities for Intelligence Analysis, Advanced Research and Development Activity, John Poindexter, Foreign Intelligence Surveillance Act, George W. Bush, Federation of American Scientists (FAS), House Intelligence Committee

Timeline Tags: Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [Washington Post, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [Washington Post, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [New York Times, 12/15/2005]
'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [Washington Post, 12/18/2005]
Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this.

Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Daniel Robert (“Bob”) Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

According to a 2009 Senate Armed Services Committee report (see April 21, 2009), the Pentagon begins asking the Joint Personnel Recovery Agency (JPRA) for assistance in developing a set of procedures for “harsh interrogations”—torture—to be used against suspected terrorists captured by US soldiers and intelligence operatives. JPRA has “reverse-engineered” a training program, Survival, Evasion, Resistance, and Escape (SERE), which trains US soldiers to resist torture techniques if captured by an enemy, to produce harsh techniques to be used in interrogating suspected terrorists. [Washington Post, 4/22/2009]
Methods Already in Use - Military interrogators have already begun using the methods inflicted on them during SERE training on their prisoners, and SERE instructors—often having no training in interrogation procedures and no experience with other cultures—have been reassigned as interrogators. [Savage, 2007, pp. 216] The JPRA program will result in the personal approval of 15 “harsh” techniques by Defense Secretary Donald Rumsfeld. The policies will be adopted by US interrogators in Afghanistan, at Abu Ghraib prison in Baghdad, and at Guantanamo. [New York Times, 4/21/2009] In a June 2004 press conference, General James T. Hill, the commander of the US Southern Command (SOCOM), which oversees the Guantanamo detention facility, will say that US officials tapped the “SERE School and developed a list of techniques.” Hill will say that he was reassured by Pentagon officials that the techniques were “legally consistent with our laws.”
Methods Devised to Produce Propaganda, Not Reliable Information - Trained interrogators are, in the words of reporter Charlie Savage, “aghast at this policy.” Savage will write that unlike many Pentagon officials, Special Forces troops, and even SERE instructors, they know full well where SERE techniques originated: from the techniques used by Chinese and North Korean interrogators to torture and brutalize US soldiers during the Korean War. The Koreans and Chinese were experts at coercing American captives to “confess” to “war crimes” and other offenses; those confessions were used for propaganda purposes. “After the war,” Savage will write, the captured soldiers “all told the same story: Chinese interrogators, working with the North Koreans, had put them through a series of sustained torments” identical to those used in SERE training “until their minds had bent and they had made the false confessions.” The stories led to the concept of Chinese “brainwashing” techniques made famous by such books and films as The Manchurian Candidate. In 1963, the CIA concluded that the techniques were virtually useless at producing reliable intelligence, but worked very well in coercing victims to say whatever interrogators wanted them to say. “[U]nder sufficient pressure subjects usually yield but their ability to recall and communicate information accurately is as impaired as the will to resist.” Savage will write, “Neither SERE trainers, who run scenarios by following the instructions in basic military manuals, nor their Special Forces trainees understood that the coercive techniques used in the program were designed to make prisoners lose touch with reality so that they will falsely confess to what their captors want to hear, not for extracting accurate and reliable information.” Colonel Steve Kleinman, the former head of the Air Force’s strategic interrogation program, will later comment: “People who defend this say ‘we can make them talk.’ Yes, but what are they saying? The key is that most of the training is to try to resist the attempts to make you comply and do things such as create propaganda, to make these statements in either written or videotaped form. But to get people to comply, to do what you want them to do, even though it’s not the truth—that is a whole different dynamic than getting people to produce accurate, useful intelligence.” [Savage, 2007, pp. 216-217]

Entity Tags: Steve Kleinman, Central Intelligence Agency, Charlie Savage, US Department of Defense, Donald Rumsfeld, Joint Personnel Recovery Agency, Senate Armed Services Committee, James T. Hill

Timeline Tags: Torture of US Captives

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Sometime in early 2002, President Bush signs a secret executive order authorizing the National Security Agency (NSA) to wiretap phone conversations and read e-mails to and from US citizens. The order extends an operation set into motion at least as early as October 2001 to begin wiretapping US citizens’ phones in a response to the 9/11 attacks. When the program is revealed by the US media in late 2005 (see December 15, 2005), Bush and his officials will say the program is completely legal, though it ignores the requirements of the Foreign Intelligence Surveillance Act (FISA) that requires the government to obtain court-issued warrants to mount surveillance against US citizens. They will insist that only those suspected of having ties to al-Qaeda are monitored, and only when those individuals make or receive international communications. [New York Times, 12/15/2005; Washington Post, 12/22/2005; Newsweek, 12/22/2008] Bush’s order authorizes the NSA to monitor international telephone conversations and international e-mails of hundreds, and perhaps thousands, of US citizens without court warrants, in an effort to track what officials call “dirty numbers” linked to al-Qaeda. When the program is finally revealed by the New York Times over three years later (see December 15, 2005), officials will say that the NSA still seeks warrants to monitor domestic communications. But there is little evidence of this (see, for example, Spring 2001). The presidential order is a radical shift in US surveillance and intelligence-gathering policies, and a major realignment for the NSA, which is mandated to only conduct surveillance abroad. Some officials believe that the NSA’s domestic eavesdropping crosses constitutional limits on legal searches. “This is really a sea change,” a former senior official who specializes in national security law will say in December 2005. “It’s almost a mainstay of this country that the NSA only does foreign searches.” [New York Times, 12/15/2005] Some sources indicate that NSA domestic surveillance activities, such as data-mining, the use of information concerning US persons intercepted in foreign call monitoring, and possibly direct surveillance of US persons, took place prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: George W. Bush, Al-Qaeda, Foreign Intelligence Surveillance Court, National Security Agency

Timeline Tags: Civil Liberties

The Justice Department’s Patrick Philbin sends a classified memo to Attorney General John Ashcroft. The memo’s contents will not be divulged, but the American Civil Liberties Union (ACLU) will later learn that it regards Ashcroft’s review of the Terrorist Surveillance Program (TSP—see March 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo contains a legal review by Ashcroft of President Bush’s order authorizing the TSP, the Bush administration’s name for its warrantless wiretapping program. The review is requested before one of the 45-day reauthorizations by the president as required by law. [ProPublica, 4/16/2009]

Entity Tags: US Department of Justice, Patrick F. Philbin, Terrorist Surveillance Program, American Civil Liberties Union, John Ashcroft

Timeline Tags: Civil Liberties

Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987.Vice Admiral John Poindexter testifying before Congress in the Iran Contra hearings in 1987. [Source: Associated Press]Vice Admiral John Poindexter begins running a shadowy new government agency called the Information Awareness Office. [New York Times, 2/13/2002; Federal Computer Week, 10/17/2002] Poindexter, formerly President Reagan’s National Security Adviser, is known for his five felony convictions of lying to Congress, destroying documents, and obstructing Congress in its investigation of his role in the mid-1980s Iran-Contra affair. Later his convictions were overturned on a technicality. [Los Angeles Times, 11/17/2002] Far from apologizing, Poindexter said it was his duty to lie to Congress. [Newsday, 12/1/2002] The New York Times notes that his new agency “is developing technologies to give federal officials instant access to vast new surveillance and information-analysis systems.” The new office is part of DARPA, the Defense Advanced Research Projects Agency. Poindexter was also known for his controversial role in shifting control of computer security to the military in the 1980s. Says Marc Rotenberg, former counsel for the Senate Judiciary Committee, “It took three administrations and both political parties over a decade to correct those mistakes.” [New York Times, 2/13/2002] Surprisingly, Poindexter’s appointment is little noticed until later in 2002 when the Total Information Awareness program is revealed (see March 2002; November 9, 2002). Incidentally, several others involved in the Iran-Contra affair also find jobs in the Bush Administration, including Elliott Abrams, John Negroponte, and Otto Reich. [Observer, 12/8/2002]

Entity Tags: Total Information Awareness, Defense Advanced Research Projects Agency, John Poindexter

Timeline Tags: Civil Liberties, Iran-Contra Affair


This partial image from a Total Information Awareness slide presentation shows types of data that will be collected. Note that
even “gait” - the way one walks, will be analyzed.
This partial image from a Total Information Awareness slide presentation shows types of data that will be collected. Note that even “gait” - the way one walks, will be analyzed. [Source: DARPA]The US military internally announces the creation of a new global data collection system called Total Information Awareness. The existence of this program is not reported until August 2002 [Wired News, 8/7/2002] , and not widely known until November 2002 (see November 9, 2002). Interestingly, the early accounts of this program suggest its budget is a “significant amount” of $96 million [Federal Computer Week, 10/17/2002] , and not the $10 million later reported. [Guardian, 11/23/2002] It is also reported that “parts” of the program “are already operational” whereas later it is said to be only in the conceptual stages of development. [Federal Computer Week, 10/17/2002]

Entity Tags: Total Information Awareness, US Department of Defense

Timeline Tags: Civil Liberties

Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).

Entity Tags: Mark Danner, John Kiriakou, James Elmer Mitchell, Bruce Jessen, Al-Qaeda, Abu Zubaida, Bush administration (43), Central Intelligence Agency, Convention Against Torture, George Brent Mickum, Geneva Conventions, Federal Bureau of Investigation, Joint Personnel Recovery Agency, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known.These two men were captured or killed during the raid to get Abu Zubaida. Their names are not known. [Source: ABC News]Omar Ghramesh had been captured in a house in Faisalabad, Pakistan, at the same time as al-Qaeda leader Abu Zubaida (see March 28, 2002). He is temporarily held in Pakistan and while there he is shown pictures of Zubaida looking battered and bruised. He is told, “If you don’t talk, this is what will happen to you.” It is not clear if he is in US or Pakistani custody at this time, as the arrest of Zubaida and his associates was a joint US-Pakistani operation. But Ghramesh does not talk, and on May 14, 2002, he and two others will be renditioned to a torture center in Syria called the Palestine Branch. There, Ghramesh will meet Abdullah Almalki, a dual Syrian and Canadian citizen who has also been renditioned to Syria to be tortured, and he will tell Almalki the account of being shown the pictures of Zubaida. [Grey, 2007, pp. 4, 54, 284] Almalki will later be found innocent of all terrorist ties and let go. [Grey, 2007, pp. 4, 54, 284] Then, in 2006, he will tell the account of the Zubaida photos to journalist Stephen Grey. There is no sign Ghramesh has been freed. [Grey, 2007, pp. 4, 54, 284] In late 2007, it will be reported that all videotapes of Zubaida’s interrogation were destroyed (see November 2005), but Ghramesh’s account suggests there may be surviving photos.

Entity Tags: Omar Ghramesh, Abdullah Almalki

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Portions of videotapes of CIA detainee interrogations are transmitted from the foreign countries where the detainees are being held back to CIA headquarters in the US, where they are reviewed by “a small number of officials.” One of the reasons the tapes are made is so that headquarters can check on the methods being used by the interrogators (see Spring-Late 2002 and Mid-May 2002 and After). These methods are said to include waterboarding and other questionable techniques (see Mid-March 2002). It is unclear what happens to these transmitted recordings when many of the videotapes of the interrogations are destroyed (see November 2005). However, in late 2007 an anonymous counterterrorism official will say there is “no reason” to believe the transmitted recordings still exist. [Newsweek, 12/11/2007] A 2003 book by Gerald Posner will also indicate that a team of CIA officials watch the interrogation of al-Qaeda leader Abu Zubaida live on video from an adjacent room. Interrogators in the room wear earpieces so they can immediately act on suggestions from the team. [Posner, 2003, pp. 188-190]

Entity Tags: Central Intelligence Agency, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington.The law offices of Mitchell, Jessen and Associates are in this American Legion Building in Spokane, Washington. [Source: Brian Plonka / Spokesman-Review]The FBI has been interrogating captured al-Qaeda leader Abu Zubaida at a secret CIA prison in Thailand and learning valuable intelligence information (see Late March through Early June, 2002). However, the prison is controlled by the CIA and the FBI is only in control until a team of CIA interrogators arrives, which apparently happens around mid-April 2002. The FBI has been using humane rapport-building techniques, but the new CIA team immediately abandons this approach. The team is lead by psychologist James Mitchell, who runs a consulting business in Washington State with psychologist Bruce Jessen (see January 2002 and After). Both worked in SERE (Survival, Evasion, Resistance, Escape), a classified US military training program which trains soldiers to endure being tortured by the enemy. Mitchell and Jessen reverse-engineered the techniques inflicted in the SERE training so they could be used on Zubaida and other detainees. [Vanity Fair, 7/17/2007] SERE trainees are subjected to “waterboarding (simulated drowning), sleep deprivation, isolation, exposure to temperature extremes, enclosure in tiny spaces, bombardment with agonizing sounds, and religious and sexual humiliation.” One European official knowledgeable about the SERE program will say of Mitchell and Jessen: “They were very arrogant, and pro-torture.… They sought to render the detainees vulnerable—to break down all of their senses.” The use of these psychologists also helps to put a veneer of scientific respectability over the torture techniques favored by top officials. One former US intelligence community adviser will later say: “Clearly, some senior people felt they needed a theory to justify what they were doing. You can’t just say, ‘We want to do what Egypt’s doing.’ When the lawyers asked what their basis was, they could say, ‘We have PhD’s who have these theories.’” [New Yorker, 8/6/2007] But Mitchell and Jessen have no experience in conducting interrogations and have no proof that their techniques are effective. In fact, the SERE techniques are based on Communist interrogation techniques from the Korean War, designed not to get valuable intelligence but to generate propaganda by getting US prisoners to make statements denouncing the US (see December 2001). Air Force Reserve colonel Steve Kleinman, an expert in human intelligence operations, will later say he finds it astonishing the CIA “chose two clinical psychologists who had no intelligence background whatsoever, who had never conducted an interrogation… to do something that had never been proven in the real world.” FBI official Michael Rolince calls their techniques “voodoo science.” In 2006, a report by the best-known interrogation experts in the US will conclude that there is no evidence that reverse-engineered SERE tactics are effective in obtaining useful intelligence. But nonetheless, from this time forward Zubaida’s interrogations will be based on these techniques. [Vanity Fair, 7/17/2007]

Entity Tags: James Elmer Mitchell, Abu Zubaida, Steve Kleinman, Michael Rolince, Bruce Jessen, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jose Rodriguez.Jose Rodriguez. [Source: CIA]Jose Rodriguez, formerly chief of the CIA’s Latin American division, is appointed head of its rapidly expanding Counterterrorist Center. The appointment surprises some, as Latin America is not at the heart of global counterterrorism efforts and Rodriguez, who cannot speak Arabic, has no experience in the Middle East. In addition, Rodriguez was removed from his position in 1997, after he tried to get the government of the Dominican Republic to drop charges against a person described as a “friend,” and was criticized by the CIA Office of Inspector General for showing a “remarkable lack of judgment” over the affair. [International Herald Tribune, 12/8/2007] CIA officer Gary Berntsen, who served under Rodriguez as a station chief in an unnamed South American country, will be critical of him in a 2005 book. When Berntsen, an officer with a wealth of counterterrorism experience, took up his position in South America following the bombing of the USS Cole in October 2000, Rodriguez greeted him “by saying that he had heard about my successful record of conducting counterterrorism operations, but that would not, repeat not, be my primary mission as a Chief of Station in South America. He stated categorically that he wanted me to conduct normal foreign intelligence collection against traditional targets and no, repeat no, counterterrorism. I was stunned. Had this man been living in a cave the last two years?” Berntsen was also surprised when, after 9/11, he received a message from CIA headquarters asking for volunteers to fight terrorism, and then a message from Rodriguez ordering all Latin American station chiefs not to volunteer. Berntsen will comment: “I didn’t understand… he was ordering me and other highly skilled officers in Latin America not to step forward? Had this guy taken leave of his senses? In a time of national tragedy was he still thinking of how to protect his Division?” [Berntsen and Pezzullo, 2005, pp. 69, 71] Rodriguez’s identity is supposedly secret until the summer of 2007, shortly before he retires from the agency. [Associated Press, 8/8/2007] Rodriguez will be put in charge of the Directorate of Operations in 2004, but will become involved in a scandal over the destruction of videotapes of detainee interrogations (see November 2005 and December 6, 2007). [International Herald Tribune, 12/8/2007]

Entity Tags: Gary Berntsen, Central Intelligence Agency, Counterterrorist Center, Jose Rodriguez, Jr.

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The CIA believes that recently captured al-Qaeda operative Abu Zubaida (see March 28, 2002) is withholding “imminent threat information” from his US interrogators. To that end, the CIA sends attorneys from its Office of General Counsel to meet with Attorney General John Ashcroft, National Security Adviser Condoleezza Rice, Rice’s deputy Stephen Hadley, White House counsel Alberto Gonzales, and other senior White House aides to discuss what the Senate Intelligence Committee will later term “the possible use of alternative interrogation methods that differed from the traditional methods used by the US military and intelligence community” (see April 2002). The CIA proposes several “alternative” methods that equate to torture, including waterboarding, for Zubaida. After the meeting, the CIA asks the Justice Department’s Office of Legal Counsel (OLC) to prepare an opinion about the legality of the proposed interrogation methods. The CIA provides the OLC with, in the committee’s words, “written and oral descriptions of the proposed techniques.” The CIA also provides the OLC with information about the medical and psychological effects of the military’s Survival, Evasion, Resistance, and Escape (SERE) training, which trains soldiers how to counter and resist torture and harsh interrogation techniques (see December 2001). [Senate Intelligence Committee, 4/22/2009 pdf file; BBC, 4/23/2009] Meanwhile, the CIA will send Zubaida to Thailand for torture (see March 2002 and April - June 2002).

Entity Tags: Condoleezza Rice, Abu Zubaida, Alberto R. Gonzales, Central Intelligence Agency, US Department of Justice, Stephen J. Hadley, Office of Legal Counsel (DOJ), John Ashcroft

Timeline Tags: Torture of US Captives

The FBI takes over interrogations of Saudi Guantanamo detainee Mohamed al-Khatani. He had been captured and taken into US custody months before (see December 2001) but his real identity was only recently discovered. In the months before, military intelligence, using harsh tactics, was unsuccessful in gaining information from him, but the FBI allegedly uses subtle persuasion with an experienced interrogator and succeeds. Khatani discloses:
bullet He is an al-Qaeda member and received terrorist training at two al-Qaeda camps.
bullet He attended an al-Qaeda summit in Malaysia attended by two 9/11 hijackers (see January 5-8, 2000).
bullet He attempted unsuccessfully to be one of the hijackers himself, failing to enter the US in August 2001 (see August 4, 2001).
bullet He had been sent to the US by 9/11 mastermind Khalid Shaikh Mohammed.
bullet He had met bin Laden on several occasions and had been in contact with many other senior al-Qaeda leaders.
bullet He is related to Ali Saleh Kahlah al-Marri, an apparent al-Qaeda sleeper agent already arrested in the US (see September 10, 2001).
bullet He informs on about thirty other prisoners being held at Guantanamo.
But he is also believed to have little knowledge of other al-Qaeda plots. [New York Times, 6/21/2004; Time, 3/3/2006] He will later recant his confession (see October 26, 2006).

Entity Tags: Ali Saleh Kahlah al-Marri, Mohamed al-Khatani, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. [Savage, 2007, pp. 177-178]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

The NSA’s enormous data mining program, Novel Intelligence from Massive Data (NIMD—see After September 11, 2001), closely resembles another data mining program, the Defense Department’s Total Information Awareness program (see March 2002). TIA, which will be suspended in 2003 after outcries from citizens and legal experts concerned over that program’s refusal to comply with fundamental Constitutional guarantees of privacy, was also designed as an early-warning system that not only compiled intelligence data, but mined through private financial databases for credit-card and other financial transactions. Six of the corporations and research institutions who win NIMD contracts also held contracts for the earlier TIA project. Much of their work with TIA duplicated the same aspects and protocols to be used by NIMD, including challenging analytic assumptions and building prototype data-mining devices. Both TIA and NIMD attempt to second-guess human analysts’ conclusions over a particular data schema by creating a database of what TIA creator John Poindexter once called “plausible futures,” or likely terrorism scenarios. NIMD is a creation of the Advanced Research and Development Activity agency (ARDA); another ARDA project, the Advanced Capabilities for Intelligence Analysis (ACIA) also envisions a similar database (see 2005). Though TIA focused more on counterterrorism than the more sweeping NIMD, the two projects coordinated closely with one another, according to former program manager Tom Armour, who worked in Poindexter’s office.
NIMD Survives In Other Agencies - Congress will eliminate funding for TIA and other Poindexter projects, but many of those projects, and related projects such as NIMD, do not disappear. Many are instead transferred to intelligence agencies such as the NSA. Although information about these projects is strictly classified, a former Army intelligence analyst familiar with the programs will confirm in 2006 that large elements of TIA were transferred to other agencies, where they will continue to be researched and implemented. It is highly likely that NIMD is an offshoot and outgrowth of TIA. Armour will say the two programs are specifically designed to analyze large amounts of phone and e-mail traffic: “That’s, in fact, what the interest is.” [National Journal, 1/20/2006]
Government 'Shell Game' - Steven Aftergood of the Federation of American Scientists says in 2004, “The whole congressional action looks like a shell game. There may be enough of a difference for them to claim TIA was terminated while for all practical purposes the identical work is continuing.” [Associated Press, 2/23/2004] Aftergood will note that NIMD has thrived in the shadows where TIA died of exposure: “Pursued with a minimal public profile and lacking a polarizing figure like Admiral Poindexter to galvanize opposition, NIMD has proceeded quietly even as TIA imploded.” [Defense Tech, 9/26/2003]

Entity Tags: Tom Armour, Total Information Awareness, Steven Aftergood, Novel Intelligence from Massive Data, John Poindexter, National Security Agency, Advanced Research and Development Activity, Federation of American Scientists (FAS), George W. Bush, Advanced Capabilities for Intelligence Analysis

Timeline Tags: Civil Liberties

The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]

Entity Tags: US Department of the Army, Morgan Banks

Timeline Tags: Torture of US Captives

The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 pdf file]

Entity Tags: US Department of the Air Force, Criminal Investigation Task Force, US Department of Defense

Timeline Tags: Torture of US Captives


The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [<a href=“http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/20/MN218568.DTL” target=_new>San Francisco Chronicle, 11/20/02</a>, <a href=“http://www.guardian.co.uk/Print/0,3858,4552953,00.html” target=_new>Guardian, 11/23/02</a>] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [<a href=“http://www.sunspot.net/news/nationworld/bal-spy1503,0,4325331.story?coll=bal-home-headlines” target=_new>Baltimore Sun, 1/5/03</a>]
The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [San Francisco Chronicle, 11/20/02, Guardian, 11/23/02] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [Baltimore Sun, 1/5/03] [Source: DARPA]The New York Times exposes the existence of John Poindexter’s Total Information Awareness data collection program, begun in early 2002 (see Mid-January 2002; March 2002). [New York Times, 11/9/2002] Conservative columnist William Safire writes, “If the Homeland Security Act is not amended before passage, here is what will happen to you: Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every Web site you visit and e-mail you send or receive, every academic grade you receive, every bank deposit you make, every trip you book and every event you attend—all these transactions and communications will go into what the Defense Department describes as ‘a virtual, centralized grand database.’ To this computerized dossier on your private life from commercial sources, add every piece of information that government has about you—passport application, driver’s license and bridge toll records, judicial and divorce records, complaints from nosy neighbors to the FBI, your lifetime paper trail plus the latest hidden camera surveillance—and you have the supersnoop’s dream: a ‘Total Information Awareness’ about every US citizen.” [New York Times, 11/14/2002] Poindexter says it will take years to realize his vision, but his office has already begun providing some technology to government agencies. [Washington Post, 11/12/2002] The existence of this program, and the fact that Poindexter is running it, causes concern for many on both the left and right. [USA Today, 1/16/2003] It is regularly called Orwellian, conjuring visions of 1984’s Big Brother, and even supporters admit it sounds Orwellian. [Newsweek, 11/15/2002; Los Angeles Times, 11/17/2002; Guardian, 11/23/2002; Newsday, 12/1/2002; New Yorker, 12/9/2002; BBC, 12/12/2002; Dallas Morning News, 12/16/2002; Baltimore Sun, 1/5/2003] The New York Times suggests, “Congress should shut down the program pending a thorough investigation.” [New York Times, 11/18/2002] Experts question not only its civil liberties implications, but also if it is even feasible. If it does work, would its database be swapped with errors that could not be removed? (see March 2002) [Mercury News (San Jose), 12/26/2002] However, many newspapers fail to report on the program at all, and ABC is the only network to report the story on prime time television. [ABC News, 11/16/2002; ABC News, 11/25/2002] Despite so many objections, the program is included in the Homeland Security bill (see November 25, 2002), and only later somewhat curbed by Congress (see January 23, 2003).

Entity Tags: John Poindexter, William Safire, Homeland Security Act, Total Information Awareness

Timeline Tags: Civil Liberties, Iran-Contra Affair

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline, Civil Liberties

An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities.An aerial view of the AT&T Easylink Service building in Bridgeton, Missouri, where the NSA allegedly has secret facilities. [Source: USGS via Microsoft]On behalf of the National Security Agency (NSA), AT&T constructs a secret, highly secured room in its network operations center in Bridgeton, Missouri, used to conduct secret government wiretapping operations. This is a larger and more elaborate “data mining” center than the one AT&T has constructed in San Francisco (see January 2003). Salon’s Kim Zetter will later write that the Bridgeton facility “had the earmarks of a National Security Agency operation,” including a sophisticated “mantrap” entrance using retinal and fingerprint scanners. Sometime in early 2003, AT&T technician Mark Klein (see July 7, 2009) discusses the Bridgeton facility with a senior AT&T manager, whom he will only identify as “Morgan.” The manager tells Klein that he considers the Bridgeton facility “creepy,” very secretive and with access restricted to only a few personnel. Morgan tells Klein that the secure room at Bridgeton features a logo on the door, which Klein will describe as “the eye-on-the-pyramid logo which is on the back of the dollar bill—and that got my attention because I knew that was for awhile the logo of the Total Awareness Program” (TIA-see Mid-January 2002, March 2002 and November 9, 2002). Klein notes that the logo “became such a laughingstock that they [the US government] withdrew it.” However, neither Klein nor Morgan find the NSA secure room at Bridgeton amusing. In June 2006, two AT&T workers will tell Zetter that the 100 or so employees who work in the room are “monitoring network traffic” for “a government agency,” later determined to be the NSA. Only government officials or AT&T employees with top-secret security clearance are admitted to the room, which is secured with a biometric “mantrap” or highly sophisticated double door, secured with retinal and fingerprint scanners. The few AT&T employees allowed into the room have undergone exhaustive security clearance procedures. “It was very hush-hush,” one of the AT&T workers will recall. “We were told there was going to be some government personnel working in that room. We were told: ‘Do not try to speak to them. Do not hamper their work. Do not impede anything that they’re doing.’” (Neither of Zetter’s sources is Klein, who by the time Zetter’s article is published in 2006, will have made his concerns about the NSA and AT&T public.) The Bridgeton facility is the central “command center” for AT&T’s management of all routers and circuits carrying domestic and international Internet traffic. Hence, it is the ideal location for conducting surveillance or collecting data. AT&T controls about a third of all bandwidth carrying Internet traffic to and from homes and businesses throughout the US. The two employees, who both will leave AT&T to work with other telecommunications firms, will say they cannot be sure what kinds of activities actually take place within the secret room. The allegations follow those made by Klein, who after his retirement (see May 2004) will submit an affidavit stating his knowledge of other, similar facilities in San Francisco and other West Coast switching centers, whose construction and operations were overseen by the NSA (see January 16, 2004 and January 2003); the two AT&T employees say that the orders for the San Francisco facility came from Bridgeton. NSA expert Matthew Aid will say of the Bridgeton facility, “I’m not a betting man, but if I had to plunk $100 down, I’d say it’s safe that it’s NSA.” Aid will say the Bridgeton facility is most likely part of “what is obviously a much larger operation, or series of interrelated operations” combining foreign intelligence gathering with domestic eavesdropping and data collection. Former high-level NSA intelligence officer Russell Tice will say bluntly: “You’re talking about a backbone for computer communications, and that’s NSA.… Whatever is happening there with the security you’re talking about is a whole lot more closely held than what’s going on with the Klein case.” The kind of vetting that the Bridgeton AT&T employees underwent points to the NSA, both Aid and Tice will say; one of the two AT&T employees who will reveal the existence of the Bridgeton facility will add, “Although they work for AT&T, they’re actually doing a job for the government.” Aid will add that, while it is possible that the Bridgeton facility is actually a center for legal FBI operations, it is unlikely due to the stringent security safeguards in place: “The FBI, which is probably the least technical agency in the US government, doesn’t use mantraps. But virtually every area of the NSA’s buildings that contain sensitive operations require you to go through a mantrap with retinal and fingerprint scanners. All of the sensitive offices in NSA buildings have them.” The American Civil Liberties Union’s Jameel Jaffer will add that when the FBI wants information from a telecom such as AT&T, it would merely show up at the firm with a warrant and have a wiretap placed. And both the NSA and FBI can legally, with warrants, tap into communications data using existing technological infrastructure, without the need for such sophisticated surveillance and data-mining facilities as the ones in Bridgeton and San Francisco. Both AT&T and the NSA will refuse to comment on the facilities in Bridgeton, citing national security concerns. [Salon, 6/21/2006; Klein, 2009, pp. 28-30]

Entity Tags: Terrorist Surveillance Program, National Security Agency, Russell Tice, Matthew Aid, Federal Bureau of Investigation, Kim Zetter, Mark Klein, AT&T, Jameel Jaffer, “Morgan” (senior AT&T manager), American Civil Liberties Union

Timeline Tags: Civil Liberties

An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]

Entity Tags: US Department of the Army, American Civil Liberties Union

Timeline Tags: Torture of US Captives

The NSA’s secret room in the AT&T switching center.The NSA’s secret room in the AT&T switching center. [Source: PBS]Veteran AT&T technician Mark Klein (see July 7, 2009) takes an informal tour of his company’s facility on San Francisco’s Folsom Street (see Late 2002), along with three other technicians from his Geary Street offices. The tour, Klein will later say, is to introduce the four technicians to the Folsom Street staff, “because they were obviously eventually planning to bring us over there.” Klein learns that the rumors of a “secret room” in the facility are true (see Fall 2002). The secret room is on the facility’s sixth floor and is being built to house some sort of equipment, but Klein is unsure exactly what that equipment might be. Klein and the others see the outer door of the secret room, and a workman working on the door “suddenly [began talking to Klein and his colleages in a] very low voice like he didn’t want to be overheard. He felt like this was something secret, you know, and he didn’t know much about it, and he was saying: ‘None of us can go in there. It’s all secret.’ This was not only an affront to the technicians; it was a violation of union rules, because they were obviously planning to install telecommunications equipment, which is supposed to be the jurisdiction of the union technicians. We had a contract. So the technicians were not only angry about this secret thing that they’re not let in on, but also the fact that there’s work there that they’re excluded from. And they were told nothing about it. So that was it.” Klein is further surprised to learn that only a single non-union technician (whom he only identifies as “Ski,” an AT&T “field support specialist” who has been granted a security clearance by the National Security Agency (NSA)), is allowed to work in the secure room. No union technicians are allowed in, even though the installation work being done is specifically contracted to the union workers. “The regular technician work force was not allowed in the room,” Klein will later state. Klein deduces that this secret room is the long-rumored NSA installation he has been hearing about. Moreover, he notes with some alarm that the room is next door to the 4ESS phone switch, “the traditional workhorse used for AT&T long-distance calls.” Klein will write, “Now my mental alarm bells were ringing, but for the moment there was nothing to do but take some mental notes, particularly since it was not clear exactly what they [the NSA and AT&T] were doing.” [Wired News, 4/7/2006; Democracy Now!, 5/12/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 26-28] Klein will explain that he chooses not to say anything about his concerns because he is “scared for several reasons, one being, well, this is obviously secret. This is obviously some federal government secret operation that they don’t want nosy people nosing around in, and if I started asking questions I could get into trouble. Furthermore, our jobs were in jeopardy anyway, because [we] were always getting wind that they were planning to close our previous office at Geary Street, and I didn’t need to give them an excuse to fire me. So I thought after thinking about it that the best thing to do is not to say anything and just watch it.” [PBS Frontline, 5/15/2007] He later learns that similar cabinets are being installed in AT&T centers in other cities, including Seattle, San Jose, Los Angeles, and San Diego (see Late 2003). [Wired News, 4/7/2006] The Folsom Street facility is apparently connected to a more central surveillance facility operated out of one of AT&T’s main command centers in Missouri (see Late 2002-Early 2003).

Entity Tags: Bush administration (43), AT&T, Electronic Frontier Foundation, Mark Klein, Terrorist Surveillance Program, “Ski” (AT&T field support specialist), National Security Agency

Timeline Tags: Civil Liberties

Congress imposes some limitations on the Total Information Awareness program (see March 2002; November 9, 2002). Research and development of the program would have to halt within 90 days of enactment of the bill unless the Defense Department submits a detailed report about the program. The research can also continue if Bush certifies that the report cannot be provided. Congress also okays use of the program internationally, but it cannot be used inside the US unless Congress passes new legislation specifically authorizing such use. [New York Times, 1/24/2003; Los Angeles Times, 2/19/2003] However, a bill to completely stop the program has yet to pass. [Mercury News (San Jose), 1/17/2003; Los Angeles Times, 2/19/2003] Several days earlier, Senator Charles Grassley (R-IA) alleged that the Justice Department and FBI are more extensively exploring the use of the Total Information Awareness program than they have previously acknowledged. [Associated Press, 1/21/2003; Washington Post, 1/22/2003] Contracts worth tens of millions of dollars have been signed with private companies to develop pieces of the program. [Associated Press, 2/12/2003] Salon also reports that the program “has now advanced to the point where it’s much more than a mere ‘research project’.” [Salon, 1/29/2003]

Entity Tags: Total Information Awareness, US Congress, US Department of Defense

Timeline Tags: Civil Liberties

Steven Aftergood of the Federation of American Scientists says that he is not sure that Congress’s public termination of the Total Information Awareness (TIA) project (see January 23, 2003) was as real and outrage-driven as it seemed at the time. “The whole congressional action looks like a shell game,” Aftergood says. “There may be enough of a difference for them to claim TIA was terminated while for all practical purposes the identical work is continuing.” While Congress terminated TIA with visible indignation, it also quietly funded the “National Foreign Intelligence Program,” and never identified which intelligence agency would do the work—which was also kept from the public eye. Congress did say that none of the research would be used against US citizens. No one in Congress will discuss how many of Poindexter’s programs survived, but knowledgeable sources will confirm that some 18 data-mining programs known as Evidence Extraction and Link Discovery in Poindexter’s research were preserved after TIA’s termination. These programs may well include the sprawling data mining program known as Novel Intelligence from Massive Data (NIMD) (see After September 11, 2001), though this cannot be confirmed. Former TIA chief John Poindexter’s vision of the technology behind NIMD envisioned software that can quickly analyze “multiple petabytes” of data. A single petabyte would fill the Library of Congress space for 18 million books more than 50 times, or could hold 40 pages of text for each of the more than 6.2 billion humans on Earth. Poindexter and his colleagues envisioned the program as handling a petabyte or more of data a month. [Associated Press, 2/23/2004] Concerns about the privacy rights of US citizens being damaged by the program are rife. “If they were to stick to strictly military-related research and development, there is less of an issue, but these technologies have much broader social implications,” says Barbara Simons, a computer scientist who is past president of the Association of Computing Machinery, an organization that has expressed concerns about TIA. [New York Times, 5/21/2003] At least one Senator is uncomfortable with the apparent resurgence of TIA. Jay Rockefeller (D-WV) will write Vice President Dick Cheney in June 2003 after receiving a briefing on the various secret surveillance programs (see July 17, 2003). Rockefeller will write, “As I reflected on the meeting today, John Poindexter’s TIA project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance.” [National Journal, 1/20/2006]

Entity Tags: Steven Aftergood, Richard (“Dick”) Cheney, Total Information Awareness, Novel Intelligence from Massive Data, John D. Rockefeller, John Poindexter, Barbara Simons, Federation of American Scientists (FAS), Foreign Intelligence Surveillance Act, Association of Computing Machinery

Timeline Tags: Civil Liberties

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

On May 7, 2003, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA if it has recordings of interrogations of detainees related to Moussaoui’s case. Two days later, the CIA replies that it does not, although it is actually in possession of some recordings. In 2002, the CIA secretly videotaped interrogations of high-ranking detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002) but it does not reveal this to anyone involved in the Moussaoui trial. In 2005, some of these videotapes will be destroyed (see November 2005), around the time the Brinkema makes a repeat request for the tapes (see November 3-14, 2005). However, other recordings—two videotapes and one audio tape—will survive and will finally be viewed by Moussaoui’s prosecutors in 2007, long after Moussaoui has been convicted (see September 19 and October 18, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Although the identity of the detainees in the recordings requested is not known, one of the prosecutors will later say, “Obviously the important witnesses included [Abu] Zubaidah, [Ramzi] bin al-Shibh, and KSM [Khalid Shaikh Mohammed]… those are the guys at the head of the witness list.” However, he will not specifically recall which tapes are requested. [Associated Press, 12/7/2007]

Entity Tags: Central Intelligence Agency, Leonie Brinkema, Zacarias Moussaoui

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

Kean (left) and Hamilton (right) of the 9/11 Commission.Kean (left) and Hamilton (right) of the 9/11 Commission. [Source: Doug Mills / New York Times]The 9/11 Commission does not receive video or audio recordings of interrogations of detainees thought to know something about the 9/11 plot (see Spring-Late 2002), even though it is unhappy with the amount and quality of information it is getting from detainees (see Summer 2003) and has a series of meetings with CIA officials to improve access (see November 5, 2003-January 2004). The CIA will indicate that the Commission never asks for the tapes, saying it “went to great lengths to meet the requests of the 9/11 Commission,” and that one of the reasons that the tapes are not destroyed until after the Commission releases its final report in 2004 is so that it could have the tapes, if it so desires. [New York Times, 12/8/2007] However, when the tapes’ destruction is revealed in late 2007 (see November 2005 and December 6, 2007), former 9/11 Commission Chairman Tom Kean and Vice Chairman Lee Hamilton will dispute this, saying that in hours of negotiations and discussions with the CIA and written requests they make it clear they want all material connected to the interrogations of the relevant detainees. [International Herald Tribune, 12/8/2007] Kean will say, “They knew what they had and they didn’t give it to us.” [ABC News, 12/7/2007] Hamilton will say, “The CIA certainly knew of our interest in getting all the information we could on the detainees, and they never indicated to us there were any videotapes… Did they obstruct our inquiry? The answer is clearly yes. Whether that amounts to a crime, others will have to judge.” [International Herald Tribune, 12/8/2007]

Entity Tags: Thomas Kean, Central Intelligence Agency, Lee Hamilton, 9/11 Commission

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

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

The Joint Personnel Recovery Agency (JPRA) sends a team to Iraq to train interrogators in harsh, SERE-derived methods of interrogation (see December 2001, January 2002 and After, July 2002, and July 1-2, 2002). JPRA personnel demonstrate a number of methods to Special Military Unit (SMU) personnel, including “walling” (see May 10, 2005) and particular methods of physically striking detainees. JPRA personnel are present at several interrogations where detainees are placed in stress positions and repeatedly slapped. In at least one interrogation, JPRA personnel take part in abusing a prisoner, stripping him naked and giving orders to place him in a stress position for 12 hours. In August 2007, one JRPA official will tell the Senate Armed Services Committee that, in regards to stripping detainees, “we [had] done this 100 times, 1,000 times with our [SERE school] students.” [Huffington Post, 4/21/2009]

Entity Tags: Senate Armed Services Committee, Joint Personnel Recovery Agency

Timeline Tags: Torture of US Captives

The American Civil Liberties Union (ACLU), in partnership with the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense, and Veterans for Peace, file a Freedom of Information Act (FOIA) request for records concerning the treatment of prisoners and detainees in US custody abroad, most specifically Iraq and Afghanistan. The request is the first spark in a firestorm of legal controversies, FOIA requests, government denials, and lawsuits, as the ACLU and its partners continue to attempt to squeeze documentation out of an uncooperative administration. Although the government will continue to withhold key records, ongoing litigation results in the eventual release of over 100,000 documents, which will be used by ACLU lawyers Jameel Jaffer and Amrit Singh to compile the book Administration of Torture (see October 22, 2007), which will show that detainees have been (and will be) systematically tortured and abused under the orders of senior government officials. [Union, 10/7/2003; American Civil Liberties Union, 10/22/2007]

Entity Tags: Veterans for Common Sense, Physicians for Human Rights, Jameel Jaffer, Center for Constitutional Rights, Freedom of Information Act, Amrit Singh, Bush administration (43), American Civil Liberties Union

Timeline Tags: Torture of US Captives

The Department of Defense denies expedited processing on the ACLU request (see October 7, 2003) for the release of documents.

Timeline Tags: Torture of US Captives

Senior AT&T technician Mark Klein (see July 7, 2009), who is considering “blowing the whistle” on the National Security Agency’s secret data-mining operation being conducted with the complicity and participation of AT&T (see January 16, 2004), is troubleshooting a problem of “signal loss” caused by AT&T’s signals being routed through the NSA’s “splitter cabinet,” which “splits” part of the optical data flow from its normal route into the NSA’s computers, enabling the agency to monitor all of the Internet traffic going through Klein’s Folsom Street, San Francisco, facility (see October 2003). Klein learns from a fellow technician that AT&T is “getting the same problem in the other offices where splitters are going in.” Klein is stunned to learn that other AT&T facilities have NSA splitters. He learns from the other technician that the “other offices” are in, among other places, Atlanta, San Diego, San Jose, and Seattle. (Apparently neither Klein nor the other technician are aware of the NSA splitter at the central AT&T facility in Bridgeton, Missouri—see Late 2002-Early 2003). Klein will later write, “This thing was getting bigger and bigger.” Klein determines that the NSA splitter is causing the signal loss: “The company was degrading the signal quality of its network for the sake of the NSA.”
Visiting the Secret Room - Klein accompanies an AT&T field support specialist named Rick into the NSA’s “secret room” at the Folsom Street building, with the intention of repairing the splitter problem. Rick is one of the few AT&T technicians authorized to work in the room; he invites Klein to join him and Klein agrees. Klein watches Rick punch the entry code into the lock of Room 641A and follows him inside. Klein observes a large amount of hardware, most installed in what he will later call “standard cabinets used by the telecommunications industry,” along with a computer workstation and a set of storage lockers. Klein later says he spends no more than two minutes inside the secret room. He will recall: “[I]f I didn’t know that the NSA was involved, it would look like any other work space where telecom people work, with rows of cabinets with equipment inside them, humming.… [T]he odd thing about the whole room, of course, was that I couldn’t normally get in there, nor could any of the other union technicians. Only this one guy who had clearance from the NSA could get in there, so that changed the whole context of what this is about.” Shortly thereafter, Rick tells Klein and a group of employees that he has keys allowing him access to the other NSA secret rooms in AT&T’s offices in San Diego, San Jose, and Seattle. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 42-44]

Entity Tags: AT&T, “Rick” (AT&T field support specialist), Mark Klein, National Security Agency

Timeline Tags: Civil Liberties

A sample page from Mark Klein’s AT&T documentation.A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story [1984], they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

Deputy Attorney General James Comey sends a classified memo to Attorney General John Ashcroft. The contents of the memo are kept secret, but the American Civil Liberties Union (ACLU) will later learn that it is a briefing and summary of the Office of Legal Counsel (OLC)‘s preliminary conclusions regarding the Terrorist Surveillance Program (see March 2002). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: James B. Comey Jr., American Civil Liberties Union, Terrorist Surveillance Program, US Department of Justice, Office of Legal Counsel (DOJ), John Ashcroft

Timeline Tags: Civil Liberties

Senior AT&T technician Mark Klein (see July 7, 2009) accepts a buyout package from his firm and retires. Klein, disheartened by the illegal AT&T/NSA wiretapping operation he has documented (see January 16, 2004), decides to keep the documents he has collected over the years (see Fall 2003 and Late 2003), the “hard proof” of the operation, he will later write, “in case there was some change in the political winds that would enable me to come forward and expose… the crimes which I knew were being committed.” [Klein, 2009, pp. 44]

Entity Tags: Mark Klein, AT&T

Timeline Tags: Civil Liberties

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The American Civil Liberties Union and other civil rights organizations submit a second Freedom of Information Act request to the Departments of Defense, Justice, State, Homeland Security, and the CIA. [Amended Complaint for Injunctive Relief. ACLU, et al. v. Department of Defense, et al., 7/6/2004 pdf file]

Entity Tags: American Civil Liberties Union

Timeline Tags: Torture of US Captives

After many SERE techniques have been authorized for use in interrogations (see December 2001, January 2002 and After, and July 2002), and the Joint Personnel Recovery Agency considers sending SERE trainers to interrogation facilities in Afghanistan, a SERE psychologist warns: “[W]e need to really stress the difference between what instructors do at SERE school (done to INCREASE RESISTANCE capability in students) versus what is taught at interrogator school (done to gather information). What is done by SERE instructors is by definition ineffective interrogator conduct.… Simply stated, SERE school does not train you on how to interrogate, and things you ‘learn’ there by osmosis about interrogation are probably wrong if copied by interrogators.” [Huffington Post, 4/21/2009]

Entity Tags: Joint Personnel Recovery Agency

Timeline Tags: Torture of US Captives

The American Civil Liberties Union, the Center for Constitutional Rights, and four other independent organizations file a lawsuit under the Freedom of Information (FOI) Act demanding the release of information about detainees held by the United States at military bases and other detention facilities overseas. “The government’s ongoing refusal to release these records is absolutely unacceptable, particularly in light of the severity of the abuses we know to have occurred,” says Jameel Jaffer, an ACLU staff lawyer. More than seven months have passed since the initial request (see October 7, 2003) was made to the Departments of State, Defense, Homeland Security and Justice, and the CIA for these documents. [American Civil Liberties Union, 6/2/2004]

Entity Tags: American Civil Liberties Union

Timeline Tags: Torture of US Captives

Alvin Hellerstein.Alvin Hellerstein. [Source: Associated Press]In 2003, after reports began to surface that some detainees in US custody had been abused, the American Civil Liberties Union (ACLU) filed a Freedom of Information Act request seeking records about the treatment of all detainees caught since 9/11 and held in US custody overseas. The ACLU eventually filed a lawsuit to get the records, and on September 15, 2004, judge Alvin Hellerstein orders the CIA and other government agencies to “produce or identify” all relevant documents by October 15, 2004. [FindLaw, 12/14/2007] Hellerstein also rules that classified documents must be identified in a written log and the log must be submitted to him for review. In December 2004, the CIA and other agencies make public a huge amount of information but fail to inform the judge about the videotapes and other classified information (see December 21, 2004). Since that time, the case remains delayed with stays, extensions, and appeals. In December 2005, the CIA will destroy videotapes of the interrogations of at least two high-ranking al-Qaeda detainees (see November 2005). After the destruction of the videotapes is publicly revealed in December 2007, the New York Times will comment on the ACLU case, “Some legal experts [say] that the CIA would have great difficulty defending what seemed to be a decision not to identify the tapes to the judge, and the subsequent decision to destroy the tapes.” [New York Times, 12/13/2007] Legal analyst John Dean will later comment, “It is difficult to see why the CIA is, in fact, not in contempt, given the nature of the [ACLU] request and the judge’s order.” He will suggest that the case may represent the best chance to find out why and how the CIA destroyed the videotapes. [FindLaw, 12/14/2007]

Entity Tags: Alvin K. Hellerstein, John Dean, Central Intelligence Agency, American Civil Liberties Union

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

Five agencies, under an agreement worked out by US District Judge Alvin Hellerstein, release approximately 9,000 pages of internal reports, investigations, and e-mails containing information about prisoner abuse in Guantanamo, Iraq, and Afghanistan. The massive disclosure seemingly marks the end of a more than 13-month long effort (see October 7, 2003 and September 15, 2004) by five human rights groups to access the documents under the Freedom of Information Act. The documents demonstrate that the abuses were far more widespread and systemic than previously acknowledged by the government. The documents include information about numerous abuses, such as threatened and mocked executions, thefts of private property, physical assaults, shocking detainees with electric guns, the use of dogs to intimidate prisoners at Guantanamo, shackling detainees without food and water, and murder. In many of the cases, the Army chose to punish offenders with non-criminal punishments rather than court-martial them. Reporting on the disclosure, the Washington Post notes, “The variety of the abuse and the fact that it occurred over a three-year period undermine the Pentagon’s past insistence… that the abuse occurred largely during a few months at [Abu Ghraib], and that it mostly involved detainee humiliation or intimidation rather than the deliberate infliction of pain.” [Washington Post, 12/22/2004] However, these agencies continue to secret hold back some material and in late 2005 the CIA will destroy videotapes of interrogations relevant to these requests (see November 2005).

Entity Tags: Central Intelligence Agency, Alvin K. Hellerstein

Timeline Tags: Torture of US Captives, Complete 911 Timeline

2005: NSA Proposes New Data Mining Program

The National Security Agency calls for proposals in regard to a new electronic surveillance program, the Advanced Capabilities for Intelligence Analysis (ACIA). Like its cousin, the Novel Intelligence from Massive Data (NIMD) project (see After September 11, 2001), ACIA will use a huge electronic database of information on US citizens and foreign nationals to track potential terrorists and terror plots. Like NIMD, ACIA will look for ways “to construct and use plausible futures in order to provide additional, novel interpretations for today’s collection” of intelligence information, according to the call for proposals. [National Journal, 1/20/2006]

Entity Tags: National Security Agency, Advanced Capabilities for Intelligence Analysis, Novel Intelligence from Massive Data

Timeline Tags: Civil Liberties

Jay Rockefeller.Jay Rockefeller. [Source: US Senate]Ranking member of the Senate Intelligence Committee Jay Rockefeller (D-WV) requests “over a hundred documents” from the CIA’s Inspector General. The documents are referenced in or pertain to a report the Inspector General drafted in May 2004 about the CIA’s detention and interrogation activities. Rockefeller also requests a report drafted by the CIA’s Office of General Counsel (see 2003) on the examination of videotapes of detainee interrogations stating whether the techniques they show comply with an August 2002 Justice Department opinion on interrogation (see August 1, 2002). However, the CIA refuses to provide these documents, as well as others, even after a second request is sent to CIA Director Porter Goss in September 2005. [US Congress, 12/7/2007] The videotapes Rockefeller is asking about will be destroyed by the CIA just two months after his second request (see November 2005).

Entity Tags: Senate Intelligence Committee, John D. Rockefeller, Office of the Inspector General (CIA), Central Intelligence Agency, Porter J. Goss

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

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel, issues a classified memo to John Rizzo, the senior deputy counsel for the CIA. The memo will remain classified for nearly four years (see April 16, 2009). It addresses, in the words of the American Civil Liberties Union (ACLU), “whether CIA interrogation methods violate the cruel, inhuman, and degrading treatment standards under federal and international law.” Bradbury concludes that neither past nor present CIA interrogation methods violate such standards. [Office of Legal Counsel, 5/10/2005 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]
CIA Techniques Not Torture, Bradbury Explains - Bradbury calls torture “abhorrent” and “universally repudiated,” and says the US will never condone it. Afterwards, he spends a great deal of effort explaining why the various techniques used by the CIA do not constitute torture. Bradbury goes into numerous details about varieties of “harsh interrogation techniques” that can be used on prisoners, often restating details from an August 2002 OLC memo (see August 1, 2002) and elaborating on those descriptions. One technique he details is forced nudity. “Detainees subject to sleep deprivation who are also subject to nudity as a separate interrogation technique will at times be nude and wearing a diaper,” he writes, and notes that the diaper is “for sanitary and health purposes of the detainee; it is not used for the purpose of humiliating the detainee and it is not considered to be an interrogation technique.… The detainee’s skin condition is monitored, and diapers are changed as needed so that the detainee does not remain in a soiled diaper.” He cites “walling,” a technique involving slamming a detainee into a “false wall,” and writes, “Depending on the extent of the detainee’s lack of cooperation, he may be walled one time during an interrogation session (one impact with the wall) or many times (perhaps 20 or 30 times) consecutively.” Other techniques Bradbury cites include waterboarding, “abdominal slaps,” and “water dousing.” For water dousing, Bradbury gives specific restrictions: “For example, in employing this technique:
bullet “For water temperarure of 41°F, total duration of exposure may not exceed 20 minutes without drying and rewarming.
bullet “For water temperarure of 50°F, total duration of exposure may not exceed 40 minutes without drying and rewarming.
bullet “For water tempetarure of 59°F, total duration of exposure may not exceed 60 minutes without drying and rewarming.
“The minimum permissible temperature of the water used in water dousing is 41°F, though you have informed us that in practice the water temperature is generally not below 50°F, since tap water rather than refrigerated water is generally used.” [Office of Legal Counsel, 5/10/2005 pdf file; CNN, 4/17/2009]
Waterboarding Used More Frequently than Authorized - Bradbury also notes that waterboarding is sometimes used more times than authorized or indicated. Referring to an as-yet-unreleased 2004 report by the CIA’s inspector general on torture and abuse of detainees, he writes: “The IG report noted that in some cases the waterboard was used with far greater frequency than initially indicated.… (‘[T]he waterboard technique… was different from the technique described in the DoJ [Department of Justice] opinion and used in the SERE training (see December 2001 and July 2002). The difference was the manner in which the detainee’s breathing was obstructed. At the SERE school and in the DoJ opinion, the subject’s airflow is disrupted by the firm application of a damp cloth over the air passages; the interrogator applies a small amount of water to the cloth in a controlled manner. By contrast, the [CIA] interrogator… applied large volumes of water to a cloth that covered the detainee’s mouth and nose. One of the psychologists/interrogators acknowledged that the agency’s use of the technique is different from that used in SERE training because it is ‘for real—and is more poignant and convincing.’)… The inspector general further reported that ‘OMS [the CIA’s Office of Medical Services] contends that the expertise of the SERE waterboard experience is so different from the subsequent agency usage as to make it almost irrelevant. Consequently, according to OMS, there was no a priori reason to believe that applying the waterboard with the frequency and intensity with which it was used by the psychologist/interrogators was either efficacious or medically safe.‘… We have carefully considered the IG report and discussed it with OMS personnel. As noted, OMS input has resulted in a number of changes in the application of the waterboard, including limits on frequency and cumulative use of the technique. Moreover, OMS personnel are carefully instructed in monitoring this technique and are personally present whenever it is used.… Indeed, although physician assistants can be present when other enhanced techniques are applied, ‘use of the waterboard requires the presence of the physician.’” [Office of Legal Counsel, 5/10/2005 pdf file]

Entity Tags: US Department of Justice, Steven Bradbury, Central Intelligence Agency, Office of Legal Counsel (DOJ), American Civil Liberties Union

Timeline Tags: Civil Liberties

Henry Kennedy.Henry Kennedy. [Source: District Court for the District of Columbia]In June 2005, US District Judge Henry Kennedy orders the Bush administration to safeguard “all evidence and information regarding the torture, mistreatment, and abuse of detainees now at the United States Naval Base at Guantanamo Bay.” US District Judge Gladys Kessler issued a nearly identical order one month later. Later that year, the CIA will destroy videotapes of the interrogation and possible torture of high-ranking al-Qaeda detainees Abu Zubaida and Abd al-Rahim al-Nashiri (see November 2005). In 2005, Zubaida and al-Nashiri are not being held at the Guantanamo prison, but at secret CIA prisons overseas. But while evidence of torture of Zubaida and al-Nashiri is not directly covered by the orders, it may well be indirectly covered. David Remes, a lawyer for some of the Guantanamo detainees, will later claim, “It is still unlawful for the government to destroy evidence, and it had every reason to believe that these interrogation records would be relevant to pending litigation concerning our client.” In January 2005, Assistant Attorney General Peter Keisler assured Kennedy that government officials were “well aware of their obligation not to destroy evidence that may be relevant in pending litigation.” [Associated Press, 12/12/2007] In some court proceedings, prosecutors have used evidence gained from the interrogation of Zubaida to justify the continued detention of some Guantanamo detainees. Scott Horton writing for Harper’s magazine will later comment that “in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The [destroyed videotapes] would have provided such proof.” [Harper's, 12/15/2007]

Entity Tags: Peter Keisler, Henry H. Kennedy Jr., David Remes, Abd al-Rahim al-Nashiri, Gladys Kessler, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

John Rizzo.John Rizzo. [Source: C-SPAN]Guidance is issued by CIA lawyers Robert Eatinger and Steven Hermes to the CIA’s National Clandestine Service (NCS) on the preservation of videotapes of detainee interrogations made by the CIA. [New York Times, 12/19/2007] The guidance is apparently used as justification for the tapes’ destruction (see November 2005), but its content is unclear. According to one account, “Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from al-Qaeda.” [New York Times, 12/11/2007] Another account supports this, saying the lawyers give “written guidance to [CIA manager Jose] Rodriguez that he had the authority to destroy the tapes and that the destruction would violate no laws.” [New York Times, 12/19/2007] However, according to another account: “[The guidance] advises that there is no explicit legal reason why the Clandestine Service had to preserve the tapes… The document does not, however, directly authorize the tapes’ destruction or offer advice on the wisdom or folly of such a course of action.” [Newsweek, 12/11/2007] Some CIA videotapes have been requested for court proceedings, meaning such tapes should not be destroyed, but it is unclear if the tapes that are destroyed in November 2005 have been requested by courts or not (see May 7-9, 2003 and November 3-14, 2005). The CIA’s top lawyer, John Rizzo, is not asked for an opinion, although he has been involved in discussions about what to do with the tapes for years and several high-ranking officials and legislators are of the opinion that the tapes should not be destroyed (see November 2005). [New York Times, 12/11/2007] Eatinger and Hermes apparently inform Rizzo they have issued the guidance and expect Rodriguez will consult him before destroying the tapes, but Rodriguez does not do so. [New York Times, 12/19/2007] The New York Times will comment, “It is unclear what weight an opinion from a lawyer within the clandestine service would have if it were not formally approved by Mr. Rizzo. But [an anonymous former official] said Mr. Rodriguez and others in the clandestine branch believed the legal judgment gave them the blessing to destroy the tapes.” The former official will also say they “didn’t need to ask Rizzo’s permission.” [New York Times, 12/11/2007] A lawyer acting for Rodriguez will later say, “He had a green light to destroy them.” [New York Times, 12/19/2007] However, other former CIA officers will express surprise that a lawyer junior to Rizzo would approve such a controversial decision without asking for his input. Former CIA lawyer John Radsan will say, “I’d be surprised that even the chief [NCS] lawyer made a decision of that magnitude without bringing the General Counsel’s front office into the loop.” He adds, “Although unlikely, it is conceivable that once a CIA officer got the answer he wanted from a [NCS] lawyer, he acted on that advice… But a streamlined process like that would have been risky for both the officer and the [NCS] lawyer.” [New York Times, 12/11/2007]

Entity Tags: Robert Eatinger, National Clandestine Service, Jose Rodriguez, Jr., Steven Hermes, John Radsan, Central Intelligence Agency, John Rizzo, Directorate of Operations

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

The Central Intelligence Agency destroys videotapes of the interrogations of two high-ranking detainees, Abu Zubaida and Abd al-Rahim al-Nashiri, which were made in 2002 (see Spring-Late 2002). One anonymous senior intelligence official later claims that “Several hundred hours” of videotapes are destroyed. [Washington Post, 12/18/2007] The tapes are destroyed at the CIA station in Thailand by station chief Michael Winograd, as Zubaida and al-Nashiri apparently were tortured at a secret CIA prison in that country. [Newsweek, 6/28/2008; Associated Press, 7/26/2010] The decision to destroy the tapes is apparently made by Jose Rodriguez, chief of the CIA’s Directorate of Operations, despite previous advice not to destroy them (see November 2005). However, some accounts will suggest that Rodriguez received clearance to destroy the tapes (see December 7, 2007). [New York Times, 12/8/2007] The CIA’s treatment of detainees has recently come under increased scrutiny. As the Wall Street Journal will later remark, “the Abu Ghraib prison pictures were still fresh, the existence of secret CIA prisons had just been revealed, and politicians on Capitol Hill were talking about curtailing ‘extreme techniques,’ including the Central Intelligence Agency’s own interrogation tactics.” [Wall Street Journal, 12/10/2007] Beginning on November 2, 2005, there are some pivotal articles revealing details about the CIA’s handling of detainees, suggesting that some of them were illegally tortured (see November 2-18, 2005). According to a 2007 statement by future CIA Director Michael Hayden, the tapes are destroyed “in the absence of any legal or internal reason to keep them” and because they apparently pose “a serious security risk”; if they were leaked, they could be used for retaliation by al-Qaeda and its sympathizers. [Central Intelligence Agency, 12/6/2007] However, this rationale will be questioned when the destruction is revealed in late 2007 (see December 6, 2007). Senator Carl Levin (D-MI) will call this “a pathetic excuse.… You’d have to burn every document at the CIA that has the identity of an agent on it under that theory.” CBS News will offer an alternative explanation, saying that the tapes are destroyed “to protect CIA officers from criminal prosecution.” [CBS News, 12/7/2007] CIA Director Porter Goss and the CIA’s top lawyer, John Rizzo, are allegedly not notified of the destruction in advance, and Rizzo will reportedly be angry at this failure. [New York Times, 12/8/2007] But Newsweek will later claim that Goss and Rizzo were involved in extensive discussions with the White House over what to do with the tapes. Goss supposedly thought there was an understanding the tapes would be saved and is upset to learn they have been destroyed (see Between 2003-Late 2005 and Before November 2005). [Newsweek, 12/11/2007] Congressional officials responsible for oversight are not informed for a year (see March 14, 2007). A White House spokeswoman will say that President Bush has “no recollection” of being made aware of the tapes’ destruction before 2007 (see December 11, 2007). It is also unclear whether the Justice Department is notified in advance or not. [New York Times, 12/8/2007] The CIA still retains tapes of interrogations of at least one detainee (see September 19 and October 18, 2007).

Entity Tags: Abd al-Rahim al-Nashiri, Abu Zubaida, Jose Rodriguez, Jr., CIA Bangkok Station, John Rizzo, Porter J. Goss, Michael K. Winograd, Central Intelligence Agency

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

Following a request that the CIA be exempted from a US ban on torture, claims about alleged CIA mistreatment of prisoners begin to appear in the media, apparently fueled by CIA employees unhappy with the practices the CIA is employing. On November 2, the Washington Post reveals information about the CIA’s network of secret prisons, including facilities in Europe, which is kept secret from “nearly all members of Congress charged with overseeing the CIA’s covert actions.” The rationale for the policy is that the CIA apparently needs to hold people without the restrictions imposed by the US legal system, in order to keep the country safe. Detainees are said to be tortured, and this is not only questionable under US law, but, in some cases, against the law of the host country. [Washington Post, 11/2/2005] On November 9, the New York Times reveals that in 2004, the CIA’s Inspector General secretly concluded that the CIA’s aggressive interrogation techniques in use up until that time were likely in violation of a 1994 international treaty against torture signed by the US (see May 7, 2004). [New York Times, 11/9/2005] After the network is revealed, there is much interest in what actually goes on in it and more important details are uncovered by ABC News on November 18. Apparently, the CIA’s interrogation techniques have led to the death of one detainee and include sleep deprivation, physical violence, waterboarding, and leaving prisoners in cold cells (see Mid-March 2002). The intelligence generated by these techniques is said to be questionable, and one source says: “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear.” [ABC News, 11/18/2005] Some videotapes of CIA interrogations of detainees are destroyed this same month, although what date this happens exactly is unclear (see November 2005). The CIA is also so alarmed by these revelations that it immediately closes its secret prisons in Eastern Europe and opens a new one in a remote section of the Sahara desert (see November 2005).

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

On November 3, 2005, Leonie Brinkema, the judge in the Zacarias Moussaoui trial, asks the CIA about recordings of interrogations of detainees who are related to the Moussaoui case. Eleven days later, the CIA again incorrectly claims to prosecutors in that trial that it has no such recordings. The CIA made a similar claim in 2003 (see May 7-9, 2003), but in fact the CIA secretly videotaped detainee interrogations in 2002 (see Spring-Late 2002). Some of these videotapes are destroyed this month (see November 2005), however it is unknown if the destruction takes place before or after this date. In late 2007, the CIA will reveal that it did have some videotapes after all and prosecutors will finally be able to view some of them (see September 19 and October 18, 2007). But it will also be revealed that most of the videotapes were destroyed (see December 6, 2007). Prosecutors will later claim that neither the video nor the audio recordings contained material relevant to the Moussaoui trial, and some of the content of the interrogations was provided during discovery. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007]

Entity Tags: Leonie Brinkema, Zacarias Moussaoui, Central Intelligence Agency

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

Jose Padilla being escorted by federal agents in January 2006.Jose Padilla being escorted by federal agents in January 2006. [Source: Alan Diaz / Associated Press]Jose Padilla, a US citizen and “enemy combatant” alleged to be an al-Qaeda terrorist (see May 8, 2002) and held without charges for over three years (see October 9, 2005), is charged with being part of a North American terrorist cell that sent money and recruits overseas to, as the indictment reads, “murder, maim, and kidnap.” The indictment contains none of the sensational allegations that the US government has made against Padilla (see June 10, 2002), including his supposed plan to detonate a “dirty bomb” inside the US (see Early 2002) and his plans to blow up US hotel and apartment buildings (see March 2002). Nor does the indictment accuse Padilla of being a member of al-Qaeda. Attorney General Alberto Gonzales says, “The indictment alleges that Padilla traveled overseas to train as a terrorist (see September-October 2000) with the intention of fighting a violent jihad.” He refuses to say why the more serious charges were not filed. Some provisions of the Patriot Act helped the investigation, Gonzales adds: “By tearing down the artificial wall that would have prevented this kind of investigation in the past, we’re able to bring these terrorists to justice,” he says. The Padilla case has become a central part of the dispute over holding prisoners such as Padilla without charge; by charging Padilla with lesser crimes, the Bush administration avoids the possibility of the Supreme Court ruling that he and other “enemy combatants,” particularly American citizens, must either be tried or released. Law professor Eric Freedman says the Padilla indictment is an effort by the administration “to avoid an adverse decision of the Supreme Court.” Law professor Jenny Martinez, who represents Padilla, says: “There’s no guarantee the government won’t do this again to Mr. Padilla or others. The Supreme Court needs to review this case on the merits so the lower court decision is not left lying like a loaded gun for the government to use whenever it wants.” Padilla’s lawyers say the government’s case against their client is based on little more than “double and triple hearsay from secret witnesses, along with information allegedly obtained from Padilla himself during his two years of incommunicado interrogation.” Padilla will be transferred from military custody to the Justice Department, where he will await trial in a federal prison in Miami. He faces life in prison if convicted of conspiracy to murder, maim, and kidnap overseas. The lesser charges—providing material support to terrorists and conspiracy—carry maximum prison terms of 15 years each. [Associated Press, 11/22/2005; Fox News, 11/23/2005]
'Dirty Bomb' Allegations 'Not Credible,' Says Former FBI Agent - Retired FBI agent Jack Cloonan, an expert on al-Qaeda, later says: “The dirty bomb plot was simply not credible. The government would never have given up that case if there was any hint of credibility to it. Padilla didn’t stand trial for it, because there was no evidence to support it.” [Vanity Fair, 12/16/2008]
Issue with CIA Videotapes - In 2002, captured al-Qaeda leader Abu Zubaida identified Padilla as an al-Qaeda operative (see Mid-April 2002) and the government cited Zubaida as a source of information about Padilla after Padilla’s arrest. Yet, sometime this same month, the CIA destroys the videotapes of Zubaida’s interrogations from the time period where he allegedly identified Padilla (see November 2005). The Nation’s Aziz Huq will later comment: “Given the [Bush] administration’s reliance on Zubaida’s statements as evidence of Padilla’s guilt, tapes of Zubaida’s interrogation were clearly relevant to the Padilla trial.… A federal criminal statute prevents the destruction of any record for a foreseeable proceeding, even if the evidence is not admissible.… [I]t seems almost certain that preservation of the tapes was legally required by the Jose Padilla prosecution.” [Nation, 12/11/2007]

Entity Tags: Jenny Martinez, Jose Padilla, US Supreme Court, Jack Cloonan, Eric Freedman, Alberto R. Gonzales, Bush administration (43), Al-Qaeda, Aziz Huq, Central Intelligence Agency

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

Deputy Director of National Intelligence Michael Hayden learns that the CIA has videotaped some detainee interrogations (see Spring-Late 2002). Hayden will later say he finds this out towards the end of his time as deputy director of national intelligence, a position he leaves in May 2006. Although the tapes were destroyed several months previously (see November 2005), Hayden will later say he is not aware of their destruction at this point: “I did not personally know before they were destroyed, not at all… I was aware of the existence of the tapes but really didn’t become focused on it until the summer of ‘06.” It appears that Hayden does not inform any congressional oversight committees of the destruction until 2007 (see March 14, 2007 and December 7, 2007), even though he becomes CIA director in the summer of 2006 (see May 5, 2006). [Associated Press, 12/12/2007; Fox News, 12/13/2007]

Entity Tags: Michael Hayden, Central Intelligence Agency

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

New York Times headline from article revealing NSA surveillance.New York Times headline from article revealing NSA surveillance. [Source: CBS News]The New York Times reveals that after the 9/11 attacks, President Bush granted the National Security Agency (NSA) secret authorization to eavesdrop on Americans and others inside the US without going through the Foreign Intelligence Surveillance Act (FISA) court to obtain legal warrants (see Early 2002. The administration justifies its actions by claiming such eavesdropping, which includes wiretapping phones and reading e-mails, is necessary to find evidence of terrorist activities, and says the nation needs the program after the 9/11 attacks exposed deficiencies in the US intelligence community’s information gathering process, and because of what they characterize as the “handcuffing” of US intelligence agencies by restrictive laws. The Times has had the article for over a year; the White House prevailed on the Times not to publish its findings for that time, arguing that publication would jeopardize continuing investigations and warn potential terrorists that they were under scrutiny. Many believe that the White House wanted to delay the publication of the article until well after the 2004 presidential elections. The Times delayed publication for over a year, and agreed to suppress some information that administration officials say could be useful to terrorists. (Less than two weeks before the article is published, Bush tries to convince the Times not to print the article at all: see December 6, 2005.) Two days after the Times publishes its article, Bush will acknowledge the order, and accuse the Times of jeopardizing national security (see December 17, 2005). The NSA program eavesdrops without warrants on up to 500 people in the US at any given time, officials say; the overall numbers have likely reached into the thousands. Overseas, up to 7,000 people suspected of terrorist ties are being monitored. Officials point to the discovery of a plot by Ohio trucker and naturalized US citizen and alleged al-Qaeda supporter Iyman Faris to bring down the Brooklyn Bridge with blowtorches as evidence of the program’s efficacy. They also cite the disruption of an al-Qaeda plot to detonate fertilizer bombs outside of British pubs and train stations by the program. But, officials say, most people targeted by the NSA for warrantless wiretapping have never been charged with a crime, and many are targeted because of questionable evidence and groundless suspicion. Many raise an outcry against the program, including members of Congress, civil liberties groups, immigrant rights groups, and others who insist that the program undermines fundamental Constitutional protections of US citizens’ civil liberties and rights to privacy. Several other government programs to spy on Americans have been challenged, including the Federal Bureau of Investigation (FBI)‘s surveillance of US citizens’ library and Internet usage, the monitoring of peaceful antiwar protests, and the proposed use of public and private databases to hunt for terrorist links. In 2004, the Supreme Court overturned the administration’s claim that so-called “enemy detainees” were not entitled to judicial review of their indefinite detentions. Several senior officials say that when the warrantless wiretapping program began, it operated with few controls and almost no oversight outside of the NSA itself. The agency is not required to seek the approval of the Justice Department or anyone else outside the FISA court for its surveillance operations. Some NSA officials wanted nothing to do with a program they felt was patently illegal, according to a former senior Bush administration official. Internal concerns about the program prompted the Bush administration to briefly suspend the program while Justice Department officials audited it and eventually provided some guidelines for its operations. A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the FISA Court, helped spur the suspension, according to officials. Kollar-Kotelly questioned whether information obtained under the program was being improperly used as the basis for FISA wiretap warrant requests from the Justice Department. Some government lawyers say that the Justice Department may have deliberately misled Kollar-Kotelly and the FISA court about the program in order to keep the program under wraps. The judge insisted to Justice Department officials that any material gathered under the program not be used in seeking wiretap warrants from her court. The question also arose in the Faris case, when senior Justice Department officials worried that evidence obtained by warrantless wiretapping by the NSA of Faris could be used in court without having to lie to the court about its origins. [New York Times, 12/15/2005]

Entity Tags: US Supreme Court, George W. Bush, US Department of Justice, Iyman Faris, National Security Agency, New York Times, Al-Qaeda, Foreign Intelligence Surveillance Court, Colleen Kollar-Kotelly

Timeline Tags: Civil Liberties

After the NSA’s warrantless wiretapping program is revealed (see Early 2002 and December 15, 2005), some commentators criticize the program. Americans have fundamental Constitutional protections that are enforceable in court whether their conversations are domestic or international, says law scholar Geoffrey Stone. Stone says that President Bush’s emphasis that NSA wiretapping only takes place on US calls to overseas phones or overseas e-mails “is no different, as far as the law is concerned, from saying we only do it on Tuesdays.” Former FBI national security law chief Michael Woods, who served in the position when Bush signed the NSA directive, calls the program “very dangerous.” Though Woods says the program was justifiable in the immediate aftermath of 9/11, “[By now] we ought to be past the time of emergency responses. We ought to have more considered views now…. We have time to debate a legal regime and what’s appropriate.” [Washington Post, 12/18/2005] Kate Martin, director of the Center for National Security Studies, says the secret order may amount to Bush authorizing criminal activity in direct violation of FISA. “This is as shocking a revelation as we have ever seen from the Bush administration,” she says. “It is, I believe, the first time a president has authorized government agencies to violate a specific criminal prohibition and eavesdrop on Americans.” The American Civil Liberties Union’s Caroline Frederickson says of the program, “It’s clear that the administration has been very willing to sacrifice civil liberties in its effort to exercise its authority on terrorism, to the extent that it authorizes criminal activity.” [Washington Post, 12/16/2005]

Entity Tags: Center for National Security Studies, Geoffrey Stone, American Civil Liberties Union, National Security Agency, Caroline Frederickson

Timeline Tags: Civil Liberties

DARPA logo.DARPA logo. [Source: Duke University]The computer and technology experts at Ars Technica, a well-regarded Web publication which describes itself as focusing on “the art of technology,” speculate on the technology behind the NSA warrantless wiretapping program recently revealed to the public (see December 15, 2005). The Ars Technica experts believe that Senator Jay Rockefeller (D-WV)‘s 2003 comparison between the program and the Total Information Awareness (TIA) project (see March 2002) is the most apt. They believe that the NSA wiretapping program may be built upon the foundation of a shadowy, highly classified surveillance program called Echelon. They write, “This system’s purpose would be to monitor communications and detect would-be terrorists and plots before they happen… This project is not interested in funding ‘evolutionary’ changes in technology, e.g., bit-step improvements to current data mining and storage techniques. Rather, the amount of data that the directors are anticipating (petabytes!) would require massive leaps in technology (and perhaps also some massive leaps in surveillance laws).” [Ars Technica, 12/20/2005; Ars Technica, 2007] Data storage measured in petabytes is a colossal capacity; a petabyte is 1,024 terabytes, and a single terabyte is 1,024 gigabytes, the usual measurement for hard drive capacity. [TechTerms, 2007] The Ars Technica experts continue, “According to DARPA, such data collection ‘increases information coverage by an order of magnitude,’ and ultimately ‘requires keeping track of individuals and understanding how they fit into models.’” They go on to note that the NSA wiretapping program was instituted shortly after the TIA project was quashed by Congress, and say they believe the NSA program is an extension and an outgrowth of TIA. They note that “the FBI requested the legal authorization to do very high-volume monitoring of digital calls” in 1995, that there is “no way for the judicial system to approve warrants for the number of calls that the FBI wanted to monitor,” and that the FBI “could never hire enough humans to be able to monitor that many calls simultaneously, which means that they’d have to use voice recognition technology to look for ‘hits’ that they could then follow up on with human wiretaps.” The Ars Technica experts believe the NSA is using “some kind of high-volume, automated voice recognition and pattern matching system,” employing a form of “smart filtering” that would weed through perhaps hundreds of thousands of computer-monitored calls and turning a fraction of those calls over to human analysts for evaluation: “[Y]es, this kind of real-time voice recognition, crude semantic parsing and pattern matching is doable with today’s technology, especially when you have a budget like the NSA.” In a follow-up, Ars Technica technology specialist and self-described conservative and “privacy nazi” Jon Stokes writes of his own concerns over the program, noting that the program is too wide-reaching and too blunt to actually catch many real terrorists, and that the program is a tremendous intrusion into Americans’ fundamental privacy: “The problem is not that such large-scale industrial fishing invariably catches a few dolphins along with the tuna, but that between 99.999 and 100 percent of what you’re going to get is dolphin.” Stokes also warns that such an intrusive surveillance program will not only violate privacy rights, but be quite ineffective: “As the TSA, with its strip-searching of people’s elderly grandparents, abundantly proves every holiday season, blunt instruments and scorched earth tactics are of dubious value in catching genuine bad actors. In fact, blunt instruments and wide nets are the easiest for professional bad guys to evade. All you need to beat such surveillance tools is patience and know-how.…Blunt instruments like airport facial recognition software and random subway bag searches produce much more noise than they do signal, and any engineer or computer scientist worth his or her salt will tell you that an intelligent, targeted, low-tech approach beats a brute-force high-tech approach every time. There is no high-tech substitute for human intelligence gathering. In fact…an overload of crudely processed information is actually more likely to lead an analyst astray than it is to produce any useful insight.…In the end, brute force security techniques are not only corrosive to democratic values but they’re also bad for national security. They waste massive resources that could be spent more effectively elsewhere, and they give governments and countries a false sense of security that a savvy enemy can exploit to devastating effect.…[I]t’s not just enough to have sound intelligence; you also need political leaders who have the wisdom to use that intelligence appropriately.” [Ars Technica, 12/20/2005]

Entity Tags: Transportation Safety Administration, Total Information Awareness, Federal Bureau of Investigation, John D. Rockefeller, Defense Advanced Research Projects Agency, Jon Stokes, National Security Agency

Timeline Tags: Civil Liberties

Chart showing NSA surveillance network.Chart showing NSA surveillance network. [Source: NSA Watch] (click image to enlarge)The National Security Agency has built a far larger database of information collected from warrantless surveillance of telephone and Internet communications to and from US citizens than the NSA or the Bush administration has acknowledged (see October 2001). On December 15, the New York Times exposed the NSA’s program (see December 15, 2005), which was authorized by President Bush in early 2002 (see Early 2002), but which actually began far earlier (see Spring 2001). The NSA built its database with the cooperation of several major American telecommunications firms (see June 26, 2006), and much of the information was mined directly into the US telecommunications system’s major connections. Many law enforcement and judicial officials question the legality of the program (see May 12, 2006 and December 18, 2005), and many say the program goes beyond the bounds of the Foreign Intelligence Surveillance Act (see 1978). One question is whether the FISA Court, or FISC, can authorize monitoring of international communications that pass through US-based telephonic “switches,” which handle much of the US’s electronic communications traffic. “There was a lot of discussion about the switches” in conversations with FISC, says a Justice Department official. “You’re talking about access to such a vast amount of communications, and the question was, How do you minimize something that’s on a switch that’s carrying such large volumes of traffic? The court was very, very concerned about that.” While Bush and his officials have insisted that the warrantless wiretaps only target people with known links to al-Qaeda, they have not acknowledged that NSA technicials have not only eavesdropped on specific conversations between people with no known links to terrorism, but have combed through huge numbers of electronic communications in search of “patterns” that might point to terrorism suspects. Such “pattern analysis” usually requires court warrants before surveillance can begin, but in many cases, no such warrants have been obtained or even requested. Other, similar data-mining operations, such as the Total Information Awareness program, developed by the Defense Department to track terror suspects (see March 2002), and the Department of Homeland Security’s CAPPS program, which screened airline passengers (see (6:20 a.m.-7:48 a.m.) September 11, 2001), were subjected to intense public scrutiny and outrage, and were publicly scrapped. The Bush administration has insisted that it has no intention of scrapping the NSA’s warrantless wiretapping program, because, as its officials have said, it is necessary to identify and track terrorism suspects and foil terrorist plots before they can be hatched. Administration officials say that FISC is not quick enough to respond to its need to respond to potential terrorist acts. A former technology manager at a major telecommunications company says that after 9/11, the leading telecom firms have been storing information on calling patterns and giving it to the federal government to aid in tracking possible terrorists. “All that data is mined with the cooperation of the government and shared with them, and since 9/11, there’s been much more active involvement in that area,” says the former manager. “If they get content, that’s useful to them too, but the real plum is going to be the transaction data and the traffic analysis. Massive amounts of traffic analysis information—who is calling whom, who is in Osama Bin Laden’s circle of family and friends—is used to identify lines of communication that are then given closer scrutiny.” And, according to a government expert on communications privacy who used to work at the NSA, says that in the last few years, the government has quietly encouraged the telecom firms to rout more international traffic through its US-based switches so it can be monitored. Such traffic is not fully addressed by 1970s-era laws that were written before the onset of modern communications technology; neither does FISA adequately address the issues surrounding that technology. Computer engineer Phil Karn, who works for a major West Coast telecom firm, says access to those switches is critical: “If the government is gaining access to the switches like this, what you’re really talking about is the capability of an enormous vacuum operation to sweep up data.” [New York Times, 12/24/2005]

Entity Tags: US Department of Defense, US Department of Justice, Total Information Awareness, New York Times, US Department of Homeland Security, Computer Assisted Passenger Prescreening System, Bush administration (43), Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, George W. Bush, National Security Agency, Phil Karn

Timeline Tags: Civil Liberties

Sometime in 2006, the deputy commander of the Defense Department’s Criminal Investigation Task Force (CITF) at Guantanamo tells the Senate Armed Services Committee (see April 21, 2009) that CITF “was troubled with the rationale that techniques used to harden resistance to interrogations [SERE training—see December 2001, January 2002 and After, and July 2002 ] would be the basis for the utilization of techniques to obtain information.” [Huffington Post, 4/21/2009]

Entity Tags: US Department of Defense, Criminal Investigation Task Force, Senate Armed Services Committee

Timeline Tags: Torture of US Captives

The Justice Department (DOJ) issues a 42-page “white paper” detailing its arguments that the National Security Agency’s warrantless wiretapping program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006) is legal. The DOJ reiterates two previous arguments (see December 19, 2005 and December 21-22, 2005)—that Congress implicitly authorized the program in 2001 when it authorized the Bush administration to begin military actions against al-Qaeda (see September 14-18, 2001), and that the president has the authority as commander in chief to conduct such a program—even though these arguments have been thoroughly refuted (see January 9, 2006) and overridden by the Supreme Court’s recent Hamdan v. Rumsfeld ruling (see December 15, 2005 and July 8, 2006). In its paper, the DOJ declares that if necessary, it will attack the legality of the Foreign Intelligence Surveillance Act (FISA) in order to stop that law from “imped[ing]” the president’s power to order domestic surveillance. In essence, according to columnist and civil liberties lawyer Glenn Greenwald, the DOJ is asserting that the president’s powers are limitless as long as he or she declares a given action necessary to battle terrorism. “Because the president has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al-Qaeda, FISA would impermissibly interfere with the president’s most solemn constitutional obligation—to defend the United States against foreign attack,” the DOJ claims. Neither Congress nor the court system has the right to limit or even review the president’s powers, according to the DOJ. Greenwald calls the DOJ’s argument “a naked theory of limitless presidential power.” In fact, Greenwald argues, the DOJ is asserting that FISA itself is unconstitutional, because no law can in any way limit the president’s power to conduct foreign policy or protect the nation’s security. The document is part of a larger Bush administration defense of the USA Patriot Act, and part of the administration’s push to convince Congress to reauthorize that legislation. Attorney General Alberto Gonzales sends the document to Congress. Justice Department official Steven Bradbury says, “When it comes to responding to external threats to the country… the government would like to have a single executive who could act nimbly and agilely.” [US Department of Justice, 1/19/2006 pdf file; Glenn Greenwald, 1/20/2006; Washington Post, 1/20/2006]
Dubious Legality - The program has already been found to be of questionable legality by two reports recently released by the nonpartisan Congressional Research Service (see January 5, 2006 and January 18, 2006). And author James Bamford, a US intelligence expert who has written extensively about the NSA, says that the Justice Department’s arguments are specious in light of Congress’s clear intent in its 1978 passage of FISA to block warrantless wiretapping, and its demonstrated lack of intent to allow any such operations within US borders in the October 2001 legislation. “You could review the entire legislative history in the authorization to use military force and I guarantee you won’t find one word about electronic surveillance,” he says. “If you review the legislative history of FISA, you will find Attorney General Griffin Bell testifying before the intelligence committee saying this was specifically passed to prevent a president from claiming inherent presidential powers to do this again.” [Washington Post, 1/20/2006]
Self-Contradictory Justifications - In 2007, author and reporter Charlie Savage will write of the “shaky foundation” supporting the administration’s “two-pronged attacks on critics of the wiretapping program and the Patriot Act,” which some officials have claimed authorizes the program. “Beneath the simplistic rhetoric, the administration’s position was self-contradicting,” Savage will write. If Bush has the inherent presidential authority to order warrantless wiretapping, then he needs no authorization from the Patriot Act or any other legislation. But if Congress is endangering the nation by delaying in reauthorizing the Patriot Act and thusly not rendering the program legal, then the wiretapping program is illegal after all. The memo attempts to “paper… over” this problem by claiming that, while Bush has the inherent authority to do whatever he feels is necessary to protect the country, the Patriot Act’s extra police powers are still necessary in “contexts unrelated to terrorism.” Savage will write, “In other words, the administration’s own position, hidden in the fine print, was that the Patriot Act was superfluous and irrelevant to the war on terrorism—a somewhat absurd stance made necessary by their desire to say the wiretapping program was legal.” [Savage, 2007, pp. 315]
Failure to Address Probable Beginning of Program Before Attacks - The Justice Department says nothing about the program apparently beginning well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, James Bamford, Steven Bradbury, US Department of Justice, Griffin Bell, Senate Judiciary Committee, Glenn Greenwald, Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Arlen Specter, George W. Bush, Congressional Research Service, Charlie Savage

Timeline Tags: Civil Liberties

Senator Russell Feingold (D-WI) tells reporters that he intends to push through legislation that would censure President Bush because of his domestic surveillance program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006). “What the president did by consciously and intentionally violating the Constitution and laws of this country with this illegal wiretapping has to be answered,” Feingold tells an interviewer. “Proper accountability is a censuring of the president, saying, ‘Mr. President, acknowledge that you broke the law, return to the law, return to our system of government.‘… The president has broken the law and, in some way, he must be held accountable.… Congress has to reassert our system of government, and the cleanest and the most efficient way to do that is to censure the president. And, hopefully, he will acknowledge that he did something wrong.” Senate Majority Leader Bill Frist (R-TN) calls Feingold’s proposal “a crazy political move.” The Senate Intelligence Committee, following the Bush administration’s lead, has rejected some Democrats’ call for a full investigation of the surveillance program (see February 1-6, 2006). Instead, the committee has adopted a Republican plan for a seven-member subcommittee to conduct oversight. Feingold says his censure motion is not “a harsh approach, and it’s one that I think should lead to bipartisan support.” Frist, however, says: “I think it, in part, is a political move because here we are, the Republican Party, the leadership in the Congress, supporting the president of the United States as commander in chief who is out there fighting al-Qaeda and the Taliban and Osama bin Laden and the people who have sworn—have sworn—to destroy Western civilization and all the families listening to us.… The signal that it sends that there is in any way a lack of support for our commander in chief who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world.” Only once in history has a president been censured by Congress: Andrew Jackson in 1834. In the House, Representative John Conyers (D-MI) is exploring the idea of introducing impeachment legislation against Bush. [New York Times, 3/12/2006; Associated Press, 3/12/2006] Feingold says on the Senate floor: “The president has violated the law and Congress must respond. A formal censure by Congress is an appropriate and responsible first step to assure the public that when the president thinks he can violate the law without consequences, Congress has the will to hold him accountable.” Most Congressional Democrats want nothing to do with either Feingold’s or Conyers’s legislative ideas, and some Republicans seem to be daring Democrats to vote for the proposal. Vice President Dick Cheney tells a Republican audience in Feingold’s home state of Wisconsin, “Some Democrats in Congress have decided the president is the enemy.” Democratic leaders in the Senate thwart an immediate vote as requested by Frist, and Senator Richard Durbin (D-IL) says he is not sure the proposal will ever come to a vote. Senate Minority Leader Harry Reid (D-NV) says he does not support it and has not read it. Senator Joseph Lieberman (D-CT) makes a similar assertion. In the House, Minority Leader Nancy Pelosi (D-CA) refuses to support such a proposal, saying in a statement that she “understands Senator Feingold’s frustration that the facts about the NSA domestic surveillance program have not been disclosed appropriately to Congress. Both the House and the Senate must fully investigate the program and assign responsibility for any laws that may have been broken.” [Associated Press, 3/14/2006] Former Nixon aide John Dean testifies in support of Feingold’s censure motion (see March 31, 2006). However, the censure motion, lacking support from Democratic leaders and being used by Republicans as a means to attack Democrats’ patriotism, never comes to a vote. [Klein, 2009, pp. 84]

Entity Tags: Joseph Lieberman, George W. Bush, Bush administration (43), Bill Frist, Harry Reid, John Dean, Russell D. Feingold, Senate Intelligence Committee, Richard (“Dick”) Durbin, Richard (“Dick”) Cheney, Nancy Pelosi, John Conyers

Timeline Tags: Civil Liberties

Retired AT&T technician and incipient whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) issues his first press release, summarizing his knowledge of AT&T’s complicity with the National Security Agency (NSA) in that agency’s illegal domestic wiretapping program (see December 31, 2005). Klein has given documentation supporting his claims to the Electronic Frontier Foundation (EFF) in support of that organization’s lawsuit against AT&T (see January 31, 2006). Klein’s press release tells of the NSA’s “secret room” in AT&T’s Folsom Street, San Francisco, facility (see January 2003) and reveals for the first time the NSA’s use of the Narus STA 6400 to comb through the wiretapped data (see January 16, 2004). The release reads in part: “Based on my understanding of the connections and equipment at issue, it appears the NSA is capable of conducting what amounts to vacuum-cleaner surveillance of all the data crossing the Internet—whether that be people’s email, Web surfing, or any other data. Given the public debate about the constitutionality of the Bush administration’s spying on US citizens without obtaining a FISA warrant (see December 18, 2005, December 20, 2005, December 21, 2005, December 21, 2005, December 25, 2005, January 5, 2006, January 10, 2006, January 18, 2006, January 18, 2006, and January 31, 2006), I think it is critical that this information be brought out into the open, and that the American people be told the truth about the extent of the administration’s warrantless surveillance practices, particularly as it relates to the Internet. Despite what we are hearing (see December 19, 2005, December 19, 2005, December 21-22, 2005, and January 19, 2006), and considering the public track record of this administration (see December 24, 2005, Early 2006, January 23, 2006, January 25-26, 2006, and February 2, 2006), I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” Klein issues the press release in part to give himself some publicity, and the protection from government harassment such publicity might entail (see February 11, 2006 and After). [Wired News, 4/7/2006; Wired News, 4/7/2006; Klein, 2009, pp. 66-67]

Entity Tags: Electronic Frontier Foundation, AT&T, Bush administration (43), National Security Agency, Mark Klein

Timeline Tags: Civil Liberties

USA Today headline.USA Today headline. [Source: CBS News]USA Today reports that “[t]he National Security Agency (NSA) has been secretly collecting the phone call records of tens of millions of Americans, using data provided by the nation’s three biggest telecommunications providers, AT&T, Verizon, and BellSouth,” according to “people with direct knowledge of the arrangement.” None of the sources would allow USA Today to identify them by name, job, or affiliation. The USA Today story claims that the NSA program “does not involve the NSA listening to or recording conversations,” but does use “the data to analyze calling patterns in an effort to detect terrorist activity,” according to their sources. One source says that the NSA program is compiling “the largest database ever assembled in the world,” with the goal of creating “a database of every call ever made” within US borders. President Bush has said that the NSA program is focused exclusively on international calls, and for the calls to be recorded, “one end of the communication must be outside the United States.” However, this is now shown not to be the case (see January 16, 2004). A US intelligence official says that the NSA program is not recording the actual phone calls themselves, but is collecting what he calls “external” data about the communications to allow the agency to emply “social network analysis” for insight into how terrorist networks are connected with one another. Another large telecommunications company, Qwest, has refused to help the NSA eavesdrop on customer calls (see February 2001, February 2001 and Beyond, and February 27, 2001). USA Today’s sources say that the NSA eavesdropping program began after the 9/11 attacks, a claim that is not bolstered by the facts (see 1997, February 27, 2000, February 27, 2000, December 2000, February 2001, February 2001, February 2001 and Beyond, February 2001, Spring 2001, April 2001, April 4, 2001, July 2001, Before September 11, 2001, and Early 2002). The sources say that the three companies agreed to provide “call-detail records,” lists of their customers’ calling histories, and updates, which would allow the agency to track citizens’ calling habits. In return, the sources say, the NSA offered to pay the firms for their cooperation. After the three firms agreed to help the agency, USA Today writes, “the NSA’s domestic program began in earnest” (see After September 11, 2001, After September 11, 2001, October 2001, September 2002, and Spring 2004). NSA spokesman Don Weber says the agency is operating strictly “within the law,” but otherwise refuses to comment. Former US prosecutor Paul Butler says that the Foreign Intelligence Surveillance Act (FISA), which governs surveillance operations by US intelligence agencies, “does not prohibit the government from doing data mining” (see 1978). White House press spokesman Dana Perino says, “There is no domestic surveillance without court approval,” and all surveillance activities undertaken by government agencies “are lawful, necessary, and required for the pursuit of al-Qaeda and affiliated terrorists.” All government-sponsored intelligence activities “are carefully reviewed and monitored,” she adds, and says that “all appropriate members of Congress have been briefed on the intelligence efforts of the United States” (see October 11, 2001 and October 25, 2001 and November 14, 2001). Don Weber, a senior spokesman for the NSA, refuses to discuss the agency’s operations, saying: “Given the nature of the work we do, it would be irresponsible to comment on actual or alleged operational issues; therefore, we have no information to provide. However, it is important to note that NSA takes its legal responsibilities seriously and operates within the law.” All three firms released similar comments saying that they would not discuss “matters of national security,” but were complying with the law in their alleged cooperation with the NSA. The Electronic Frontier Foundation (EFF) is suing AT&T for what it calls its complicity in the NSA’s “illegal” domestic surveillance program (see January 31, 2006). [USA Today, 5/11/2006]

Entity Tags: Verizon Communications, USA Today, Qwest, Paul Butler, Foreign Intelligence Surveillance Act, Jane Harman, AT&T, BellSouth, National Security Agency, Dana Perino, Don Weber

Timeline Tags: Civil Liberties

Bobby Ray Inman.Bobby Ray Inman. [Source: DefenseTech.org]Former NSA director Bobby Ray Inman says that the secret NSA program to wiretap US citizens’ phone and e-mail conversations without court warrants (see After September 11, 2001) “is not authorized.” President Bush authorized the secret wiretapping over four years ago (see Early 2002), a program only revealed at the end of 2005 (see December 15, 2005). Since the program was revealed, it has created tremendous controversy over its possible illegality and its encroachment on fundamental American civil liberties. Bush and other White House officials have repeatedly asserted that the program is legal, mainly because Bush and his officials assert that the president has the authority to implement such a program (see December 15, 2005); Bush also insists, as recently as the day before Inman’s statement, that the program is only being used to spy on terrorists and the privacy of US citizens is being “fiercely protected,” a statement that does not jibe with the facts. [Democracy Now!, 5/12/2006]

Entity Tags: National Security Agency, Al-Qaeda, Bobby Ray Inman, Bush administration (43), George W. Bush

Timeline Tags: Civil Liberties

A new 5-minute audiotape is released by a person said to be Osama bin Laden. The voice on the tape says that Zacarias Moussaoui and the vast majority of prisoners held in Guantanamo Bay had nothing to do with 9/11. The speaker says that Moussaoui “has no connection whatsoever with the events of September 11th” and “his confession that he was assigned to participate in those raids is a false confession which no intelligent person doubts is a result of the pressure put upon him for the past four and a half years.” The voice also says that, as Moussaoui has not named a support team, he cannot have been slated to pilot a hijacked airliner, and that, as he was learning to fly, he cannot have been intended to be the 20th hijacker. Further, if Moussaoui had known the 9/11 group, he would have called lead hijacker Mohamed Atta and told him to flee the country (note: jail house calls can be recorded, so this may not have been wise (see August 17, 2001)). There are various theories about Moussaoui’s closeness to the 9/11 plot, but he was supported by some of the people who supported the hijackers (see January 30, 2003). The speaker also says that the detainees in Guantanamo Bay “have no connection whatsoever to the events of September 11th, and even stranger is that many of them have no connection with al-Qaeda in the first place, and even more amazing is that some of them oppose al-Qaeda’s methodology of calling for war with America.” The apparent reason so many detainees are being held: ”(I)t is necessary to create justifications for the massive spending of hundreds of billions on the Defense Department and other agencies in their war against the Mujaheddin.” [MSNBC, 5/23/2006] One Guantanamo detainee, Mohamed al-Khatani, was allegedly supposed to meet lead hijacker Mohamed Atta in the US, but was refused entry to the country, indicating that he was scheduled to be involved in 9/11 (see August 4, 2001 and July 2002).

Entity Tags: Osama bin Laden, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lawyers file court documents alleging that the National Security Agency (NSA) worked with AT&T to set up a domestic wiretapping site seven months before the 9/11 attacks. The papers are filed as part of a lawsuit, McMurray v. Verizon Communications, which cites as plaintiffs AT&T, Verizon, and BellSouth customers whose privacy was allegedly violated by the NSA warrantless wiretapping program (see May 12, 2006); it also alleges that the firms, along with the NSA and President Bush, violated the Telecommunications Act of 1934 and the US Constitution. AT&T, Verizon, and BellSouth have been accused of working with the NSA to set up domestic call monitoring sites (see October 2001). Evidence that the NSA set up domestic surveillance operations at least seven months before the 9/11 attacks is at the core of the lawsuit (see Spring 2001). The suit is similar to one filed against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006) and other such lawsuits. A lawyer for the plaintiffs in McMurray, Carl Mayer, says: “The Bush administration asserted this [the warrantless wiretapping program] became necessary after 9/11. This undermines that assertion.” AT&T spokesman Dave Pacholczyk responds, “The US Department of Justice has stated that AT&T may neither confirm nor deny AT&T’s participation in the alleged NSA program because doing so would cause ‘exceptionally grave harm to national security’ and would violate both civil and criminal statutes.” Verizon has denied being asked by the NSA for its customer phone records, and has refused to confirm or deny “whether it has any relationship to the classified NSA program.” BellSouth spokesman Jeff Battcher says: “We never turned over any records to the NSA. We’ve been clear all along that they’ve never contacted us. Nobody in our company has ever had any contact with the NSA.” The NSA domestic wiretapping program is known as “Pioneer Groundbreaker,” a part of the larger “Project Groundbreaker” (see February 2001). According to Mayer and his fellow lawyer Bruce Afran, an unnamed former employee of AT&T provided them with information about NSA’s approach to AT&T. (That former employee will later be revealed as retired technician Mark Klein—see Late 2002, July 7, 2009, December 15-31, 2005, and April 6, 2006). The lawsuit is on a temporary hiatus while a judicial panel rules on a government request to assign all of the telecommunications lawsuits to a single judge. [Bloomberg, 6/30/2006]

Entity Tags: Verizon Wireless, US Department of Justice, National Security Agency, George W. Bush, Jeff Battcher, Bruce Afran, BellSouth, AT&T, Mark Klein, Carl Mayer, Electronic Frontier Foundation, Dave Pacholczyk

Timeline Tags: Civil Liberties

At a campaign luncheon for Representative Scott Garrett (R-NJ), Vice President Dick Cheney lambasts the New York Times for reporting information that the administration wants kept secret. “Some in the press, in particular the New York Times, have made it harder to defend America against attack by insisting on publishing detailed information about vital national security programs,” he says. “First they reported the terrorist surveillance program (see March 2002), which monitors international communications when one end is outside the United States and one end is connected with or associated with al-Qaeda. Now the Times has disclosed the terrorist financial tracking program. On both occasions, the Times had been asked not to publish those stories by senior administration officials (see December 15, 2005). They went ahead anyway. The leaks to the New York Times and the publishing of those leaks is very damaging to our national security. The ability to intercept al-Qaeda communications and to track their sources of financing are essential if we’re going to successfully prosecute the global war on terror. Our capabilities in these areas help explain why we have been so successful in preventing further attacks like 9/11. And putting this information on the front page makes it more difficult for us to prevent future attacks. Publishing this highly classified information about our sources and methods for collecting intelligence will enable the terrorists to look for ways to defeat our efforts. These kinds of stories also adversely affect our relationships with people who work with us against the terrorists. In the future, they will be less likely to cooperate if they think the United States is incapable of keeping secrets.” [White House, 6/30/2006]

Entity Tags: Scott Garrett, New York Times, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties, Domestic Propaganda

Judge Vaughn Walker of the US District Court of Northern California rejects a request by the Justice Department to dismiss a lawsuit by the Electronic Frontier Foundation (EFF—see January 31, 2006) against AT&T. The EFF argues that AT&T violated its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s allegedly illegal domestic wiretapping project. The government has asserted that the lawsuit would jeopardize “state secrets” if permitted to go forward (see May 22, 2006 and June 23, 2006). According to AT&T whistleblower Mark Klein, working with the EFF in the lawsuit, Walker “ridicule[s]” the government’s request for dismissal on state secrets grounds, finding that “[t]he government has opened the door for judicial inquiry by publicly confirming and denying material information about its monitoring of communications content.… AT&T and the government have for all practical purposes already disclosed that AT&T assists the government in monitoring communication content. [T]he government has publicly admitted the existence of a ‘terrorist surveillance program’ (see After September 11, 2001, After September 11, 2001, October 2001, and September 2002).… Considering the ubiquity of AT&T telecommunications services, it is unclear whether this program could even exist without AT&T’s acquiescence and cooperation.” EFF had given Walker the ammunition for his finding by providing him with a raft of media stories about AT&T’s involvement in the NSA surveillance program, as well as media coverage of Klein’s assertions (see April 12, 2006 and May 17, 2006). “The very subject matter of this action is hardly a secret” any longer, Walker finds (see May 24, 2006). “[D]ismissing this case at the outset would sacrifice liberty for no apparent enhancement of security.” Walker also rejects a separate motion to dismiss by AT&T, which had argued that its relationship with the government made it immune from prosecution. Marc Rotenberg of the Electronic Privacy Information Center (EPIC) says: “This cases arises against the backdrop of the accountability of the government as it pursues its surveillance program. This is a significant victory for the principle of government accountability.” AT&T spokesman Walt Sharp refuses to give a direct comment about the ruling, but says that AT&T has always protected its customers’ privacy (see February 2001 and Beyond, February 2001, and Late 2002-Early 2003). The government will obtain a stay of Walker’s ruling while it files an appeal, preventing the EFF documents from being publicly disseminated. [New York Times, 7/21/2006; Klein, 2009, pp. 78-79]

Entity Tags: Mark Klein, AT&T, Electronic Frontier Foundation, Marc Rotenberg, US Department of Justice, Walter Sharp, Vaughn Walker, National Security Agency

Timeline Tags: Civil Liberties

Actor Kiefer Sutherland as ‘Jack Bauer.’Actor Kiefer Sutherland as ‘Jack Bauer.’ [Source: Stuff.co.nz]Law professor Phillippe Sands begins a series of interviews with the former staff judge advocate for the US Army in Guantanamo, Lieutenant Colonel Diane Beaver. She is the author of a legal analysis that was used by the Bush administration to justify its extreme interrogation techniques (see October 11, 2002). Sands describes her as “coiled up—mistreated, hung out to dry.” She is unhappy with the way the administration used her analysis, and notes that she was guided in her work at Guantanamo by personnel from the CIA and Defense Intelligence Agency. She believes that some of the interrogation techniques were “reverse-engineered” from a training program called SERE—Survival, Evasion, Resistance, and Escape—though administration officials have denied this. Several Guantanamo personnel were sent to Fort Bragg, SERE’s home, for a briefing on the program (see December 2001, January 2002 and After, Mid-April 2002, Between Mid-April and Mid-May 2002, July 2002, July 2002, July 2002, and August 1, 2002). Military training was not the only source of inspiration. Fox’s television drama 24 came to a conclusion in the spring of 2002, Beaver recalls. One of the overriding messages of that show is that torture works. “We saw it on cable,” Beaver remembers. “People had already seen the first series. It was hugely popular.” The story’s hero, Jack Bauer, had many friends at Guantanamo, Beaver adds. “He gave people lots of ideas.” She recalls in graphic terms how excited many of the male personnel became when extreme interrogation methods were discussed. “You could almost see their d_cks getting hard as they got new ideas,” she will say. “And I said to myself, You know what? I don’t have a d_ck to get hard—I can stay detached.” The FBI and the Naval Criminal Investigative Service refused to become involved in aggressive interrogations, she says (see Late March through Early June, 2002 and December 17, 2002). [Vanity Fair, 5/2008]

Entity Tags: Naval Criminal Investigative Service, Diane E. Beaver, Federal Bureau of Investigation, Fox Broadcasting Company, Phillippe Sands, Georgetown University

Timeline Tags: Torture of US Captives

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

The FBI requests $12 million for its proposed National Security Analysis Center (NSAC), which would mine nearly 1.5 billion records created or collected by the FBI and other government agencies in an effort to expose terrorist cells. The FBI’s budget request says that the new agency would “pro-actively” mine the data to find terrorists using “predictive” analysis. Predictive analysis entails combing though personal data—such as bank transactions and travel purchases—to identify patterns of behavior that are believed to be terrorist-like. But this methodology for identifying terrorists is unproven. In 2006, the Office of the Director of National Intelligence completed a report concluding that terrorism researchers “cannot readily distinguish the absolute scale of normal behaviors” for terrorists or ordinary Americans. [ABC News, 6/12/2007] The FBI’s proposed National Security Analysis Center is very similar to another initiative called the Total Information Awareness program (see Mid-January 2002) that was started by the Pentagon in 2002, but which was curtailed by Congress after it was revealed by the New York Times (see November 9, 2002).

Entity Tags: National Security Analysis Center, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Silvestre Reyes.Silvestre Reyes. [Source: US House of Representatives]In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).

Entity Tags: Michael Hayden, Peter Hoekstra, Central Intelligence Agency, House Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Microsoft logo.Microsoft logo. [Source: Your Logo Collection (.com)]The National Security Agency (NSA) reveals plans to build an enormous new data center in San Antonio, Texas, three months after Microsoft announced plans to build a $550 million data center in the same area. [National Security Agency, 4/19/2007] The NSA previously acknowledged building a similar data storage facility in Colorado (see January 30, 2006). Reporter and author James Bamford will later write in his book The Shadow Factory that “[t]he timing of the move was interesting,” because the NSA had leased a building in San Antonio in 2005, but had not done anything further. The NSA only announces plans to move forward with the data center after Microsoft revealed plans to build a 470,000 square foot cloud data center that would handle Internet search data, emails, and instant messages. Bamford will quote Bexar County judge Nelson Wolff’s statement to the San Antonio Express-News, “We told [the NSA] we were going to get Microsoft, and that really opened up their eyes,” and write, “For an agency heavily involved in data harvesting, there were many advantages to having their miners next door to the mother lode of data centers” (see 1997, February 27, 2000, February 2001), Spring 2001, April 4, 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, and December 15, 2005). Microsoft’s operation will be largely automated and employ only 75 people. In contrast, the NSA’s facility is to be the same size, but employ 1,500. Bamford will write that this is “far more than was needed to babysit a warehouse of routers and servers but enough to analyze the data passing across them.” [Data Center Knowledge, 1/19/2007; San Antonio Express-News, 4/18/2007; Bamford, 2008, pp. 317-318] Former senior AT&T technician and warrantless surveillance whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) will reference Bamford’s book and agree that this “suggests a massive data mining operation.” [Klein, 2009, pp. 41]

Entity Tags: James Bamford, Microsoft Corporation, National Security Agency, Mark Klein

Timeline Tags: Civil Liberties

The Protect America Act (PAA) (see August 5, 2007), an amendment to the Foreign Intelligence Surveillance Act (FISA—see 1978), is introduced in Congress. With limited debate and no committee hearings, it passes both houses with substantial majorities. [US Senate, 8/5/2007; Boston Globe, 8/6/2007; House Judiciary Committee, 9/18/2007 pdf file] Congressional Democrats quickly capitulate on the bill, submitting to what the Washington Post later calls “a high-pressure campaign by the White House to change the nation’s wiretap law, in which the administration capitalized on Democrats’ fears of being branded weak on terrorism and on Congress’s desire to act on the issue before its August recess.” [Washington Post, 8/5/2007] Indeed, one Republican senator, Trent Lott, warns during the initial debate that lawmakers should pass the law quickly and get out of Washington before they could be killed in a terrorist attack (see August 2, 2007). McConnell tells the Senate, “Al-Qaeda is not going on vacation this month.” And Democrat Joseph Lieberman (D-CT), a supporter of the bill, told his colleagues: “We’re at war. The enemy wants to attack us. This is not the time to strive for legislative perfection.” [Slate, 8/6/2007]
Some Democrats Unhappy - One Democratic lawmaker responds angrily: “There are a lot of people who felt we had to pass something. It was tantamount to being railroaded.” Many House Democrats feel betrayed by the White House; Democratic leaders had reached what they believed was a deal on the bill with the Director of National Intelligence, Mike McConnell, only to have the White House throw out the deal and present a new list of conditions at the last minute. Both McConnell and the White House deny that any such deal was reached. Jan Schakowsky (D-IL), a member of the House Intelligence Committee, says, “I think the White House didn’t want to take ‘yes’ for an answer from the Democrats.” Representative Jerrold Nadler (R-NY) says lawmakers were “stampeded by fear-mongering and deception” into voting for the bill. Fellow House Democrat Jane Harman (D-CA) warns that the PAA will lead to “potential unprecedented abuse of innocent Americans’ privacy.” [Washington Post, 8/5/2007] The ACLU’s Caroline Fredrickson has a succinct explanation of why the Democrats folded so quickly: “Whenever the president says the word terrorism, they roll over and play dead.” [Slate, 8/6/2007]
AT&T Whistleblower: Democratic Leadership Colluded in Passing PAA - AT&T whistleblower Mark Klein (see July 7, 2009 and December 15-31, 2005) will later write that the Democrats played a far more active role in getting the PAA passed than others acknowledge. He will quote a 2008 column by liberal civil liberties advocate Glenn Greenwald, who will write: “[I]n 2006, when the Congress was controlled by [then-Senate Majority Leader] Bill Frist [R-TN] and [then-House Speaker] Denny Hastert [R-IL], the administration tried to get a bill passed legalizing warrantless eavesdropping and telecom amnesty, but was unable. They had to wait until the Congress was controlled by [House Majority Leader] Steny Hoyer [D-MD], [House Speaker] Nancy Pelosi [D-CA], and [Senate Majority Leader] Harry Reid [D-NV] to accomplish that.” According to Klein, once the Democrats took control of Congress in January 2007, they engaged in “pure theater, posturing as opponents of the illegal NSA program while seeking a way to protect the president.” The few principled Democrats to actively oppose the legislation, such as Senator Christopher Dodd (D-CT), were, Klein will write, “hamstrung by their own leadership.” The PAA passage was accompanied by refusals from the Democratic leaders of “the relevant Intelligence and Judiciary Committees, which were now led by Democrats such as [John D.] Rockefeller, [Dianne] Feinstein (see February 1-6, 2006), and [Patrick] Leahy in the Senate, and John Conyers and Sylvestre Reyes in the House,” who “quickly decided not to launch any serious investigations into the NSA spying.” Klein will later add that at the time of the PAA passage, he was unaware of how thoroughly Democrats had been briefed on the NSA program (see October 1, 2001, October 11, 2001, October 25, 2001 and November 14, 2001, July 17, 2003, and March 10, 2004), “and thus were in on the secret but took no action to stop it.” [Salon, 6/19/2008; Klein, 2009, pp. 86-87]

Entity Tags: Trent Lott, Mike McConnell, Protect America Act, Joseph Lieberman, Mitch McConnell, Jane Harman, Jerrold Nadler, Caroline Fredrickson, Bush administration (43), Jan Schakowsky, House Intelligence Committee

Timeline Tags: Civil Liberties

AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

In mid-September 2007, the CIA informs the prosecution team from the 2006 Zacarias Moussaoui trial that it has one video recordings of a high-ranking detainee interrogation. The CIA had previously claimed it had no video recordings of any interrogations when in fact it did (see May 7-9, 2003 and November 3-14, 2005). The CIA then initiates a review and unearths another video and an audio recording several days later. The prosecutors will subsequently inform the judge, but say that the error did not influence the outcome of the trial, as Moussaoui pleaded guilty, but the death penalty was not imposed. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Lawyers who prosecuted Zacarias Moussaoui view these two videotapes and listen to the one audiotape. The names of the one to three detainees who were recorded are not known. [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] However, they were enemy combatants that could not testify at the trial, and substitutions for testimony were submitted in the trial on behalf of five enemy combatants: Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi, Khallad bin Attash, Hambali, and Mohamed al-Khatani. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file; Reuters, 11/13/2007] Shortly after this, the CIA discloses that it had destroyed some similar videotapes in 2005 (see November 2005 and December 6, 2007). Apparently this indicates some videotapes have survived the destruction.

Entity Tags: Central Intelligence Agency, Zacarias Moussaoui

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

Administration of Torture book cover.Administration of Torture book cover. [Source: Public domain]American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. [American Civil Liberties Union, 10/22/2007] “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. [Raw Story, 10/22/2007] The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
bullet The book presents a number of damning claims, all backed by extensive documentation, including the following: [American Civil Liberties Union, 10/22/2007]
bullet General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees [BBC, 10/16/2002] , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
bullet Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
bullet Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
bullet FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
bullet Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
bullet Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
bullet The Defense Department held prisoners as young as 12 years old.
bullet The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. [American Civil Liberties Union, 10/22/2007]

Entity Tags: US Department of Defense, Rick Baccus, Mohamed al-Khatani, Michael E. Dunlavey, Geoffrey D. Miller, George W. Bush, American Civil Liberties Union, Jameel Jaffer, Amrit Singh, Donald Rumsfeld, Bush administration (43), Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Civil Liberties

In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 pdf file] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]

Entity Tags: Edward M. (“Ted”) Kennedy, Richard (“Dick”) Durbin, Senate Intelligence Committee, Central Intelligence Agency, Michael Hayden, Amnesty International

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

Although it is reported that the head of the CIA’s clandestine service, Jose Rodriguez, is the man most responsible for the destruction of videotapes showing detainee interrogations (see November 2005 and December 6, 2007), some commentators are skeptical of this. A former intelligence official says, “This looks like he was tossed under a giant bus… How likely is it that he took this decision on his own, especially when he’s not in the videotapes and wouldn’t be affected directly? Not very likely.” [Harpers, 12/8/2007] A former intelligence official says he is concerned Rodriguez is being unfairly singled out for blame over the matter. [New York Times, 12/11/2007] According to attorney Scott Horton, by midday on December 7, shortly after news breaks that the CIA destroyed videotapes of detainee interrogations, “White House off-the-record explainers were extremely busy pointing fingers at one man, the designated scapegoat… So the sacrificial beast now has a name: it is Jose A. Rodriguez Jr., the head of the CIA’s Directorate of Operations.” Horton also sees a shift between the line initially taken by officials, and a later alteration: “Yesterday we are told, in highly implausible statements coming from General Hayden, that the CIA had acted completely appropriately… The issue had been considered, reviewed and cleared. Twenty-four hours later, there is a radical shift of course. Now we learn that the White House didn’t know about the decision and certainly wouldn’t have approved it.” Horton ascribes the shift to worries about the legality of destroying the tapes, especially as they may have been requested by a judge in the Zacarias Moussaoui trial (see May 7-9, 2003 and November 3-14, 2005), problems in prosecutions where evidence has been destroyed, and a general lack of plausibility. Former CIA officer Larry Johnson will also be skeptical: “Jose Rodriguez will not be the only one walking the public plank on this issue. In fact, he did not undertake this mission without the permission or direction from higher ups. And when you are the Deputy Director of Operations, there are not a lot of people above you.” [Harpers, 12/8/2007]

Entity Tags: Central Intelligence Agency, Jose Rodriguez, Jr., Scott Horton

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President George Bush says he was unaware that the CIA had videotaped detainee interrogations. The CIA had videotaped some interrogations in 2002 (see Spring-Late 2002), but the tapes were destroyed in late 2005 (see November 2005), and this was disclosed five days previously (see December 6, 2007). Bush says, “My first recollection of whether the tapes existed or whether they were destroyed was when [CIA Director] Michael Hayden briefed me.” [ABC News, 12/11/2007] Bush took an interest in information coming from one of the detainees who was videotaped, Abu Zubaida (see Late March 2002), and normally a president would be informed about activities like the detainee interrogations. However, there appears to have been a long-standing deliberate policy of keeping Bush out of the loop regarding aggressive interrogation methods to protect him from any adverse consequences that might arise (see April 2002 and After).

Entity Tags: George W. Bush, Michael Hayden

Timeline Tags: Torture of US Captives, Complete 911 Timeline

After it is revealed that the CIA has destroyed tapes showing detainee interrogations (see November 2005), congressional leaders Patrick Leahy (D-VT) and Arlen Specter (R-PA) ask Attorney General Michael Mukasey for “a complete account of the Justice Department’s own knowledge of and involvement with” the tape destruction. News reports indicate the Justice Department did advise the CIA not to destroy the tapes as far back as 2003 (see 2003). The Justice Department is also asked whether it offered legal advice to the CIA or communicated with the White House about the issue. However, Mukasey refuses to answer any of the questions, replying that the Justice Department “has a long-standing policy of declining to provide non-public information about pending matters. This policy is based in part on our interest in avoiding any perception that our law enforcement decisions are subject to political influence.” [Washington Post, 12/15/2007] According to the New York Times, Justice Department officials describe this and another rebuff to congress (see December 14, 2007) as “an effort to caution Congress against meddling in the tapes case and other politically explosive criminal cases.” [New York Times, 12/15/2007]

Entity Tags: US Department of Justice, Michael Mukasey, Patrick J. Leahy, Arlen Specter

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The American Civil Liberties Union (ACLU) releases Defense Department documents that confirm the military’s use of illegal interrogation methods on detainees held in US custody in Afghanistan. The documents, obtained through a Freedom of Information Act lawsuit, are from an Army Criminal Investigation Division (CID) probe. The ACLU’s Amrit Singh says: “These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan. Rather than putting a stop to these systemic abuses, senior officials appear to have turned a blind eye to them.” In the CID reports, Special Operations officers in Gardez, Afghanistan, admitted to using what are known as Survival, Evasion, Resistance, and Escape (SERE) techniques, which for decades American service members experienced as training to prepare for the brutal treatment they might face if captured (see December 2001, January 2002 and After, and July 2002). At least eight prisoners in custody at Gardez were beaten, burned, and doused with cold water before being placed into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in US custody (see March 16, 2003). Subsequent investigations ignored numerous witness statements describing torture; Naseer was eventually declared dead due to a “stomach ailment.” The documents also provide evidence showing that prisoners were sodomized. “These documents raise serious questions about the adequacy of the military’s investigations into prisoner abuse,” says Singh. [American Civil Liberties Union, 4/16/2008]

Entity Tags: Amrit Singh, American Civil Liberties Union, Criminal Investigation Division, Jamal Naseer, US Department of Defense

Timeline Tags: Torture of US Captives

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

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