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Context of 'December 16, 2009: Congress Bans Funding of Abortions for Military Personnel'

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A CIA official known as a “debriefer” attempts to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and a power drill. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] The official, who will later become known as “Albert,” had come to interrogate al-Nashiri at an agency black site in Poland after al-Nashiri had been tortured (see (November 2002)), but recently decided that al-Nashiri was still withholding information (see Mid-December 2002). [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Mayer, 2008, pp. 225; Associated Press, 9/7/2010] Albert gets approval for the plan to use the gun from his supervisor, known only as “Mike,” although Mike does not clear the plan with CIA headquarters. [Associated Press, 9/7/2010] Albert takes an unloaded semi-automatic handgun into al-Nashiri’s cell. He racks it once or twice, simulating the loading of a bullet into the chamber, close to al-Nashiri’s ear. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] After again receiving consent from Mike, around the same day Albert takes a power drill into the cell. While al-Nashiri is naked and hooded, he revs the drill to frighten al-Nashiri, but does not touch him with it. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Associated Press, 9/7/2010] This abuse will be reported to CIA headquarters (see January 2003), but the Justice Department will decline to prosecute Albert (see September 11, 2003), and the result of the CIA inspector general’s investigation of the matter is unknown (see October 29, 2003).

Entity Tags: “Albert”, Central Intelligence Agency, “Mike”, Abd al-Rahim al-Nashiri

Timeline Tags: Torture of US Captives

A CIA officer who is interrogating al-Qaeda leader Abd al-Rahim al-Nashiri threatens to harm al-Nashiri’s mother and family. The officer tells al-Nashiri that if he does not talk, “We could get your mother in here,” and, “We can bring your family in here.” [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file] At this time al-Nashiri is apparently being held at a CIA base in Poland. The officer will later become known as “Albert.” [Associated Press, 9/7/2010] Albert, who also threatens al-Nashiri with a gun and power drill around the same time (see Between December 28, 2002 and January 1, 2003), apparently wants al-Nashiri to infer, for what the CIA’s inspector general will call “psychological reasons,” that he may not be a US official. Instead, al-Nashiri is to believe that he comes from an Arabic country. Al-Nashiri would infer this because of Albert’s Arab accent. According to the inspector general, this is because it is “widely believed in Middle East circles” that interrogation by officials of this Arabic country involves “sexually abusing female relatives in front of the detainee.” [Central Intelligence Agency, 5/7/2004, pp. 42-43 pdf file] The name of the Arabic country is not known, although Albert is of Egyptian descent. [Associated Press, 9/7/2010] Albert will admit not identifying himself as a US official to al-Nashiri, but say that he neither claimed to be an official of this Arabic country nor threatened his family. [Central Intelligence Agency, 5/7/2004, pp. 42-43 pdf file]

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

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

The CIA’s Deputy Director for Operations, James Pavitt, asks the agency’s office of inspector general, headed by John Helgerson, to investigate allegations that a high-value detainee, Abd al-Rahim al-Nashiri, has been abused. Apparently, Pavitt has just learned of the abuse of al-Nashiri, who was captured in October or November the previous year (see Early October 2002). [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file] The abuse took place at a black site in Poland and was apparently carried out by a CIA officer known only as “Albert,” with the approval of his superior, “Mike.” [Central Intelligence Agency, 5/7/2004, pp. 1-2 pdf file; Associated Press, 9/7/2010] The inspector general will issue a report on the incidents later in the year (see October 29, 2003).

Entity Tags: Office of the Inspector General (CIA), John Helgerson, Directorate of Operations, “Mike”, “Albert”, Central Intelligence Agency, James Pavitt

Timeline Tags: Torture of US Captives

The CIA’s Office of Inspector General begins an investigation of the agency’s torture and interrogation practices. The investigation is spurred by three stimuli: notification of a controversial incident in November 2002 (see Shortly After November 20, 2002); concerns over the interrogation of high-value detainee Abd al-Rahim al-Nashiri (see January 2003); and other concerns about human rights abuses at a black site (see (January 2003)). The investigation will cover the period between September 2001 and mid-October 2003. [Central Intelligence Agency, 5/7/2004, pp. 2 pdf file] The inspector general, John Helgerson, will issue his office’s final, classified report on the investigation in May 2004 (see May 7, 2004).

Entity Tags: John Helgerson, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Torture of US Captives

FBI Director Robert Mueller personally awards Marion (Spike) Bowman with a presidential citation and cash bonus of approximately 25 percent of his salary. [Salon, 3/3/2003] Bowman, head of the FBI’s national security law unit and the person who refused to seek a special warrant for a search of Zacarias Moussaoui’s belongings before the 9/11 attacks (see August 28, 2001), is among nine recipients of bureau awards for “exceptional performance.” The award comes shortly after a 9/11 Congressional Inquiry report saying Bowman’s unit gave Minneapolis FBI agents “inexcusably confused and inaccurate information” that was “patently false.” [Star-Tribune (Minneapolis), 12/22/2002] Bowman’s unit was also involved in the failure to locate 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi after their names were put on a watch list (see August 28-29, 2001). In early 2000, the FBI acknowledged serious blunders in surveillance Bowman’s unit conducted during sensitive terrorism and espionage investigations, including agents who illegally videotaped suspects, intercepted e-mails without court permission, and recorded the wrong phone conversations. [Associated Press, 1/10/2003] As Senator Charles Grassley (R-IA) and others have pointed out, not only has no one in government been fired or punished for 9/11, but several others have been promoted: [Salon, 3/3/2003]
bullet Richard Blee, chief of Alec Station, the CIA’s bin Laden unit, was made chief of the CIA’s new Kabul station in December 2001 (see December 9, 2001), where he aggressively expanded the CIA’s extraordinary rendition program (see Shortly After December 19, 2001). Blee was the government’s main briefer on al-Qaeda threats in the summer of 2001, but failed to mention that one of the 9/11 hijackers was in the US (see August 22-September 10, 2001).
bullet In addition to Blee, the CIA also promoted his former director for operations at Alec Station, a woman who took the unit’s number two position. This was despite the fact that the unit failed to put the two suspected terrorists on the watch list (see August 23, 2001). “The leaders were promoted even though some people in the intelligence community and in Congress say the counterterrorism unit they ran bore some responsibility for waiting until August 2001 to put the suspect pair on the interagency watch list.” CIA Director George Tenet has failed to fulfill a promise given to Congress in late 2002 that he would name the CIA officials responsible for 9/11 failures. [New York Times, 5/15/2003]
bullet Pasquale D’Amuro, the FBI’s counterterrorism chief in New York City before 9/11, was promoted to the bureau’s top counterterrorism post. [Time, 12/30/2002]
bullet FBI Supervisory Special Agent Michael Maltbie, who removed information from the Minnesota FBI’s application to get the search warrant for Moussaoui, was promoted to field supervisor and goes on to head the Joint Terrorism Task Force at the FBI’s Cleveland office. [Salon, 3/3/2003; Newsday, 3/21/2006]
bullet David Frasca, head of the FBI’s Radical Fundamentalist Unit, is “still at headquarters,” Grassley notes. [Salon, 3/3/2003] The Phoenix memo, which was addressed to Frasca, was received by his unit and warned that al-Qaeda terrorists could be using flight schools inside the US (see July 10, 2001 and July 27, 2001 and after). Two weeks later Zacarias Moussaoui was arrested while training to fly a 747, but Frasca’s unit was unhelpful when local FBI agents wanted to search his belongings—a step that could have prevented 9/11 (see August 16, 2001 and August 20-September 11, 2001). “The Phoenix memo was buried; the Moussaoui warrant request was denied.” [Time, 5/27/2002] Even after 9/11, Frasca continued to “[throw] up roadblocks” in the Moussaoui case. [New York Times, 5/27/2002]
bullet Dina Corsi, an intelligence operations specialist in the FBI’s bin Laden unit in the run-up to 9/11, later became a supervisory intelligence analyst. [US Department of Justice, 11/2004, pp. 279-280 pdf file; CNN, 7/22/2005] Corsi repeatedly hampered the investigation of Almihdhar and Alhazmi in the summer of 2001 (see June 11, 2001, June 12-September 11, 2001, Before August 22, 2001, August 27-28, 2001, August 28, 2001, August 28-29, 2001, and (September 5, 2001)).
bullet President Bush later names Barbara Bodine the director of Central Iraq shortly after the US conquest of Iraq. Many in government are upset about the appointment because of her blocking of the USS Cole investigation, which some say could have uncovered the 9/11 plot (see October 14-Late November, 2000). She did not apologize or admit she was wrong. [Washington Times, 4/10/2003] However, she is fired after about a month, apparently for doing a poor job.
bullet An FBI official who tolerates penetration of the translation department by Turkish spies and encourages slow translations just after 9/11 was promoted (see March 22, 2002). [CBS News, 10/25/2002]

Entity Tags: Barbara Bodine, George W. Bush, Charles Grassley, David Frasca, Central Intelligence Agency, Khalid Almihdhar, Michael Maltbie, Dina Corsi, Marion (“Spike”) Bowman, Robert S. Mueller III, Pasquale D’Amuro, Federal Bureau of Investigation, Richard Blee

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

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

The 9/11 Commission, officially titled the National Commission on Terrorist Attacks Upon the United States, holds its first meeting in Washington. The commission has $3 million and only a year and a half to explore the causes of the attacks. By comparison, a 1996 federal commission to study legalized gambling was given two years and $5 million. [Associated Press, 1/27/2003] Two months later the Bush administration grudgingly increases the funding to $12 million total (see March 26, 2003). [Associated Press, 1/27/2003] A few days later, Vice Chairman Lee Hamilton says, “The focus of the commission will be on the future. We want to make recommendations that will make the American people more secure.… We’re not interested in trying to assess blame, we do not consider that part of the commission’s responsibility.” [United Press International, 2/6/2003]

Entity Tags: Philip Zelikow, 9/11 Commission, Bush administration (43), Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The government reveals in a closed-door court hearing that recent interrogations of top al-Qaeda prisoners indicate that Zacarias Moussaoui may have been part of a plot to hijack a fifth plane on the day of 9/11, perhaps with the White House as its target. This is in contrast to the government’s original accusation that Moussaoui was to be the “20th hijacker” on Flight 93. Because Moussaoui does not have a security clearance, he cannot see the classified evidence against him, but he later learns of this “fifth-jet theory” while reading a transcript of the hearing that was not thoroughly redacted. [CNN, 8/8/2003; Time, 10/19/2003] At Moussaoui’s 2006 trial (see March 6-May 4, 2006), the prosecution will support the fifth jet theory—which Moussaoui both admits (see March 27, 2006) and denies (see April 22, 2005)—arguing that he engaged in parallel conduct with the hijackers (see February 23-August 16, 2001) and was supported by the same people (see July 29, 2001-August 3, 2001 and June 13-September 25, 2000). The theory is also supported by the hearsay of what one of the hijackers reportedly told a relative. In February 2001, Khalid Almihdhar told a cousin that Osama bin Laden was planning to launch five attacks against the US (see Late October 2000-July 4, 2001). But during interrogations, some captured al-Qaeda leaders will reportedly insist that Moussaoui was only a back-up (see November 20, 2002), while others will claim that he was part of a follow-up operation (see Before 2008).

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Charles Lewis.
Charles Lewis. [Source: Center for Public Integrity]Charles Lewis of the Center for Public Integrity reveals the leaked text of a new anti-terrorism bill. Called the Domestic Security Enhancement Act of 2003, it becomes popularly known as the Patriot Act II. The text of the bill is dated January 9, 2003. [Congress, 1/9/2003; NOW with Bill Moyers, 2/7/2003; Center for Public Integrity, 2/7/2003] Before it was leaked, the bill was being prepared in complete secrecy from the public and Congress. Only House Speaker Dennis Hastert and Vice President Cheney were sent copies on January 10. [San Francisco Chronicle, 2/11/2003] A week earlier, Attorney General Ashcroft said the Justice Department was not working on any bill of this type, and when the text is released, they say it is just a rough draft. But the text “has all the appearance of a document that has been worked over and over.” [Village Voice, 2/28/2003; ABC News, 3/12/2003] Some, including a number of congresspeople, speculate that the government is waiting until a new terrorist act or war fever before formally introducing this bill. [NOW with Bill Moyers, 2/7/2003; Associated Press, 2/10/2003; United Press International, 3/10/2003; Village Voice, 3/26/2003] Here are some of its provisions:
bullet 1) The attorney general is given the power to deport any foreign national, even people who are legal permanent residents. No crime need be asserted, no proof offered, and the deportation can occur in complete secrecy. [St. Petersburg Times, 2/16/2003]
bullet 2) It would authorize secret arrests in terrorism investigations, which would overturn a court order requiring the release of names of their detainees. [St. Petersburg Times, 2/16/2003] Not even an attorney or family need be informed until the person is formally charged, if that ever happens. [ABC News, 3/12/2003]
bullet 3) The citizenship of any US citizen can be revoked if they are members of or have supported any group the attorney general designates as terrorist. [St. Petersburg Times, 2/16/2003] A person who gives money to a charity that only later turns out to have some terrorist connection could then lose his or her citizenship. [CNN, 3/6/2003]
bullet 4) “Whole sections… are devoted to removing judicial oversight.” Federal agents investigating terrorism could have access to credit reports, without judicial permission. [St. Petersburg Times, 2/16/2003]
bullet 5) Federal investigators can conduct wiretaps without a court order for 15 days whenever Congress authorizes force or in response to an attack on the United States. [United Press International, 3/10/2003]
bullet 6) It creates a DNA database of anyone the Justice Department determines to be a “suspect,” without court order. [Mercury News (San Jose), 2/20/2003]
bullet 7) It would be a crime for someone subpoenaed in connection with an investigation being carried out under the Patriot Act to alert Congress to any possible abuses committed by federal agents. [ABC News, 3/12/2003]
bullet 8) Businesses and their personnel who provide information to anti-terrorism investigators are granted immunity even if the information is fraudulent. [ABC News, 3/12/2003]
bullet 9) The government would be allowed to carry out electronic searches of virtually all information available about an individual without having to show probable cause and without informing the individual that the investigation was being carried out. Critics say this provision “would fundamentally change American society” because everyone would be under suspicion at all times. [ABC News, 3/12/2003]
bullet 10) Federal agents would be immune from prosecution when they engage in illegal surveillance acts. [United Press International, 3/10/2003]
bullet 11) Restrictions are eased on the use of secret evidence in the prosecution of terror cases. [United Press International, 3/10/2003]
bullet 12) Existing judicial consent decrees preventing local police departments from spying on civil rights groups and other organizations are canceled. [Salon, 3/24/2003]
bullet Initially the story generates little press coverage, but there is a slow stream of stories over the next weeks, all expressing criticism. Of all the major newspapers, only the Washington Post puts the story on the front page, and no television network has the story in prime time. [Associated Press, 2/8/2003; CBS News, 2/8/2003; Los Angeles Times, 2/8/2003; New York Times, 2/8/2003; Washington Post, 2/8/2003; Associated Press, 2/10/2003; San Francisco Chronicle, 2/11/2003; Los Angeles Times, 2/13/2003; St. Petersburg Times, 2/16/2003; Denver Post, 2/20/2003; Pittsburgh Post-Gazette, 2/20/2003; Mercury News (San Jose), 2/20/2003; Baltimore Sun, 2/21/2003; Star-Tribune (Minneapolis), 2/21/2003; Village Voice, 2/28/2003; Houston Chronicle, 3/1/2003; CNN, 3/6/2003; United Press International, 3/10/2003; ABC News, 3/12/2003; Herald Tribune (Sarasota), 3/19/2003; Salon, 3/24/2003; Village Voice, 3/26/2003; Tampa Tribune, 4/6/2003] Representative Jerrold Nadler (D-NY) says the bill amounts to “little more than the institution of a police state.” [San Francisco Chronicle, 2/11/2003]

Entity Tags: Center for Public Integrity, Dennis Hastert, Domestic Security Enhancement Act of 2003, Jerrold Nadler, John Ashcroft, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which.The Blind Sheikh’s sons Mohammad Omar Abdul-Rahman and Ahmad Abdul-Rahman in 1998. It is not clear which is which. [Source: CNN]Pakistani authorities raid an apartment in Quetta, Pakistan, and apparently arrest Mohammad Omar Abdul-Rahman, a son of the Blind Sheikh,’ Sheikh Omar Abdel Rahman. Supposedly, communications found at the apartment lead to the later arrest of Khalid Shaikh Mohammed (see February 29 or March 1, 2003). [New York Times, 3/4/2003] Government officials say he is a senior al-Qaeda operative who ran a training camp in Afghanistan before 9/11 attacks and also had a role in operational planning. Another son of the blind sheik, Ahmad Abdul-Rahman, was captured in Afghanistan in late 2001, but Ahmad was not considered to be high ranking. [Associated Press, 3/4/2003] But even though Mohammad Omar’s arrest is reported in the New York Times and elsewhere, there is no official announcement. In December 2005, his name will be on a list published by ABC News of high-detainees being held in a secret CIA prison (see November 2005). [ABC News, 12/5/2005] In 2006, the US will announce that it is emptying the CIA prisons and transferring all high-level prisoners to Guantanamo, but he will not be one of those transferred and it is unclear what happened to him (see September 2-3, 2006).

Entity Tags: Ahmad Abdul-Rahman, Mohammed Omar Abdul-Rahman, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

The CIA produces a report entitled “A Reference Guide to Terrorist Passports.” The report discusses a suspicious indicator of terrorist affiliation that was contained in the passports of at least three of the 9/11 hijackers, possibly more. The indicator was placed there deliberately by the Saudi government, which used such indicators to track suspected radicals (see November 2, 2007). However, this report is classified and is not disseminated, meaning that if a radical were to arrive at a US port with a passport indicating he was a terrorist, an immigration official would be unable to recognize the indicator and would admit him. Over a year after this report is completed, the 9/11 Commission will show a passport bearing this indicator to one of the immigration officials who admitted 9/11 hijacker Khalid Almihdhar to the US, but she will still be unable to recognize the indicator. [9/11 Commission, 8/21/2004, pp. 25, 27, 41 pdf file]

Entity Tags: Central Intelligence Agency, 9/11 Commission

Timeline Tags: Complete 911 Timeline

A surveillance photograph of Hassan Mustafa Osama Nasr.A surveillance photograph of Hassan Mustafa Osama Nasr. [Source: Central Intelligence Agency]The CIA kidnaps an Islamic extremist who previously informed for it in Milan, Italy. The man, Hassan Mustafa Osama Nasr (a.k.a. Abu Omar), who was a member of the Egyptian terror group Al-Gama’a al-Islamiyya and was close to al-Qaeda, provided information to the CIA in Albania (see August 27, 1995 and Shortly After) and operated in Italy (see Summer 2000). [Chicago Tribune, 7/2/2005] While the kidnap is happening, one of the CIA officers involved in the operation, Robert Seldon Lady, is having a meeting on the other side of Milan with Bruno Megale, head of Milan’s antiterrorism police service, DIGOS. The meeting’s purpose is to allow Lady to keep an eye on Megale in case something goes wrong. [GQ, 3/2007 pdf file] The US will say that Nasr is a dangerous terrorist and that he once plotted to assassinate the Egyptian foreign minister. However, Italian officials, who were monitoring him, will deny this and say his abduction damages an intelligence operation against al-Qaeda. A senior prosecutor will say, “When Nasr disappeared in February [2003], our investigation came to a standstill.” Italian authorities are mystified by the kidnap, as they are sharing the results of their surveillance with the CIA. Nor can they understand why Egypt wants Nasr back. When Nasr reaches Cairo, he is taken to the Egyptian interior minister and told that if he agrees to inform again, he will be set free. However, he refuses and spends most of the next 14 months in prison, facing “terrible tortures.” The Chicago Tribune will ask, “Why would the US government go to elaborate lengths to seize a 39-year-old Egyptian who, according to former Albanian intelligence officials, was once the CIA’s most productive source of information within the tightly knit group of Islamic fundamentalists living in exile in Albania?” One possible answer is that he is kidnapped in an attempt to turn him back into the informer he once was. The kidnapping generates a substantial amount of publicity, leading to an investigation of the CIA’s practice of extraordinary rendition, and an Italian official will comment, “Instead of having an investigation against terrorists, we are investigating this CIA kidnapping.” [Chicago Tribune, 7/2/2005] Arrest warrants will later be issued for some US intelligence officers involved in the kidnapping (see June 23, 2005 and After).

Entity Tags: Central Intelligence Agency, Robert Seldon Lady, Bruno Megale, Hassan Mustafa Osama Nasr

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” [Siegel, 2008, pp. 249-251] On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” [Siegel, 2008, pp. 237-238]

Entity Tags: Judy Palya Loether, Jeff Almeida, US Supreme Court, US Department of the Air Force, Wilson Brown

Timeline Tags: Civil Liberties

On PBS’s NOW with Bill Moyers, former ambassador Joseph Wilson explains why he does not believe the administration’s impending war with Iraq is necessary or warranted. Wilson, as he has said before (see February 13, 2003), is for aggressive, coercive inspections and what he calls “muscular disarmament.” But, Wilson says, President Bush does not want a disarmed Saddam Hussein: “I think he wants a dead Hussein. I don’t think there’s any doubt about it.” Bush is giving Iraq no incentives to disarm because he is not interested in disarmament, he wants nothing less than to overthrow Hussein. “I think war is inevitable,” he says. “Essentially, the speech that the president gave at the American Enterprise Institute (see February 26, 2003) was so much on the overthrow of the regime and the liberation of the Iraqi people that I suspect that Saddam understands that this is not about disarmament.”
'Shock and Awe' - Moyers asks Wilson about the US tactic of “shock and awe” that he has heard is being considered for the opening strikes of the US invasion (see March 19, 2003). Wilson says: “From what I understand about shock and awe, it will be a several day air assault in which they will drop as much ordinance in four or five days as they did during the 39-day bombing campaign of the Gulf War.… Missiles, bombs, precision bombs. I believe the president and our military officials, when they say they will do everything to minimize casualties to the civilian population. But it was difficult to imagine dropping that much ordinance on a population of four million people without having a lot of casualties that are unanticipated. A lot of civilian casualties.” Wilson is pessimistic that even such a massive opening assault might, as Moyers asks, touch off a rebellion against Hussein or a mass retreat and exodus of Hussein’s ground forces. While “you might well have a bloody uprising in Baghdad in which pits essentially the Iraqi population against the Republican Guard in Saddam’s palace, I think far more likely, is that most Baghdadis will just simply go into hiding and try and avoid getting hit by this American ordinance and/or getting killed by the Republican Guard.”
Redrawing the Map of the Middle East - Wilson believes that one of the biggest reasons why Bush is invading Iraq instead of working to disarm the Iraqi regime is because Bush is committed to what he calls “re-growing the political map of the Middle East.” He explains: “[T]hat basically means trying to install regimes in the Middle East that are far more friendly to the United States—there are those in the administration that call them democracies. Somehow it’s hard for me to imagine that a democratic system will emerge out of the ashes of Iraq in the near term. And when and if it does, it’s hard for me to believe that it will be more pro-American and more pro-Israeli than what you’ve got now.” Wilson says that Bush is implementing plans drawn up in the 1990s by neoconservatives such as Richard Perle (see July 8, 1996), which provide “the underpinning of the—of the philosophical argument that calls for basically radically changing the political dynamics in the Middle East and… to favor American national security interests and Israeli national security interests which are tied.”
Recipe for Anti-American Demagoguery - Such a grand agenda will be far more difficult to implement than Perle, Bush, and others believe, Wilson says. “I’ve done democracy in Africa for 25 years,” he says. “And I can tell you that doing democracy in the most benign environments is really tough sledding. And the place like Iraq where politics is a blood sport and where you have these clan, tribal, ethnic and confessional cleavages, coming up with a democratic system that is pluralistic, functioning and, as we like to say about democracies, is not inclined to make war on other democracies, is going to be extraordinarily difficult.” Wilson provides the following scenario: “Assuming that you get the civic institutions and a thriving political culture in the first few iterations of presidential elections, you’re going to have Candidate A who is likely going to be a demagogue. And Candidate B who is likely going to be a populist. That’s what emerges from political discourse. Candidate A, Candidate B, the demagogue and the populist, are going to want to win elections of the presidency. And the way to win election is enflame the passions of your population. The easy way for a demagogue or a populist in the Middle East to enflame the passion of the population is to define himself or herself by their enemies. And the great enemy in the Middle East is Israel and its supplier, the United States. So it’s hard to believe, for me, that a thriving democracy certainly in the immediate and near-term and medium-term future is going to yield a successful presidential candidate who is going to be pro-Israel or pro-America.”
Losing Focus on al-Qaeda - Wilson believes that the US has lost its focus on pursuing Osama bin Laden and al-Qaeda. “The game has shifted to Iraq for reasons that are confused to everybody,” he says. “We have been sold a war on disarmament or terrorism or the nexus between terrorism and weapons of mass destruction or liberation. Any one of the four. And now with the president’s speeches, you clearly have the idea that we’re going to go in and take this preemptive action to overthrow a regime, occupy its country for the purposes, the explicit purposes of fostering the blossoming of democracy in a part of the world where we really have very little ground, truth or experience. And, certainly, I hope along with everybody that the president in his assessment is correct. And that I am so wrong that I’m never invited to another foreign policy debate again.… Because if I am right, this could be a real disaster.” [PBS, 2/28/2003; Wilson, 2004, pp. 320-321]

Entity Tags: Richard Perle, George W. Bush, Bush administration (43), Bill Moyers, Saddam Hussein, Joseph C. Wilson

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

A photo taken during KSM’s alleged arrest in Pakistan.A photo taken during KSM’s alleged arrest in Pakistan. [Source: Associated Press]Khalid Shaikh Mohammed (KSM) is reportedly arrested in Rawalpindi, Pakistan. [Associated Press, 3/1/2003] Officials claim that he is arrested in a late-night joint Pakistani and FBI raid, in which they also arrest Mustafa Ahmed al-Hawsawi, the purported main financer of the 9/11 attacks. [MSNBC, 3/3/2003] An insider informant allegedly tips off authorities to KSM’s location, and is given the $25 million reward money for his capture (see Shortly Before February 29 or March 1, 2003). However, some journalists immediately cast serious doubts about this arrest. For instance, MSNBC reports, “Some analysts questioned whether Mohammed was actually arrested Saturday, speculating that he may have been held for some time and that the news was made public when it was in the interests of the United States and Pakistan.” [MSNBC, 3/3/2003] There are numerous problems surrounding the US-alleged arrest of KSM:
bullet Witnesses say KSM is not present when the raid occurs. [Associated Press, 3/2/2003; Associated Press, 3/2/2003; Australian Broadcasting Corporation, 3/2/2003; Guardian, 3/3/2003; New York Times, 3/3/2003]
bullet There are differing accounts about which house he is arrested in. [Associated Press, 3/1/2003; Los Angeles Times, 3/2/2003; Los Angeles Times, 3/3/2003]
bullet There are differing accounts about where he was before the arrest and how authorities found him. [Time, 3/1/2003; Washington Post, 3/2/2003; Washington Post, 3/2/2003; New York Times, 3/3/2003; New York Times, 3/4/2003]
bullet Some accounts have him sleeping when the arrest occurs and some don’t. [Los Angeles Times, 3/2/2003; Reuters, 3/2/2003; New York Times, 3/3/2003; Daily Telegraph, 3/4/2003]
bullet Accounts differ on who arrests him—Pakistanis, Americans, or both. [CNN, 3/2/2003; Los Angeles Times, 3/2/2003; New York Times, 3/2/2003; Daily Telegraph, 3/3/2003; London Times, 3/3/2003; Associated Press, 3/3/2003]
bullet There are previously published accounts that KSM may have been killed in September 2002 (see September 11, 2002).
bullet There are accounts that he was captured in June 2002 (see June 16, 2002).
These are just some of the difficulties with the arrest story. There are so many problems with it that one Guardian reporter says, “The story appears to be almost entirely fictional.” [Guardian, 3/6/2003]
Account by 9/11 Commissioners Conflicts - In addition, 9/11 Commission chairman Tom Kean and vice chairman Lee Hamilton will write in a 2006 book that the arrest is made in an apartment in Karachi and carried out by a joint CIA, FBI, and Pakistani team (see Early 2003).
Account by Musharraf Also Conflicts - Also in 2006, Pakistani President Pervez Musharraf will publish a memoir in which he claims that KSM was arrested on February 29, 2003 (instead of the widely cited March 1, 2003), and held by Pakistani forces for three days, “during which time we interrogated him fully. Once we were done with him and had all the information we wanted, we handed him over to the United States government.” [Musharraf, 2006, pp. 193]

Entity Tags: Thomas Kean, Federal Bureau of Investigation, Khalid Shaikh Mohammed, Lee Hamilton, Mustafa Ahmed al-Hawsawi, Pervez Musharraf

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

Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Khalid Shaikh Mohammed shortly after arrest. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]Following his arrest in Pakistan (see February 29 or March 1, 2003), al-Qaeda leader Khalid Shaikh Mohammed (KSM) finds himself in CIA custody. After two days of detention in Pakistan, where, he will allege, he is punched and stomped upon by a CIA agent, he is sent to Afghanistan. After being transferred to Guantanamo in 2006, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). Mohammed will say of his transfer: “My eyes were covered with a cloth tied around my head and with a cloth bag pulled over it. A suppository was inserted into my rectum. I was not told what the suppository was for.” [New York Review of Books, 3/15/2009]
Naked - He is reportedly placed in a cell naked for several days and repeatedly questioned by females as a humiliation. He is attached to a dog leash and repeatedly yanked into the walls of his cell. He is suspended from the ceiling, chained naked in a painful crouch for long periods, doused with cold water, and kept in suffocating heat. [New Yorker, 8/6/2007; MSNBC, 9/13/2007] On arriving in Afghanistan, he is put in a small cell, where, he will recall, he is “kept in a standing position with my hands cuffed and chained to a bar above my head.” After about an hour, “I was taken to another room where I was made to stand on tiptoes for about two hours during questioning.”
Interrogators - He will add: “Approximately 13 persons were in the room. These included the head interrogator (a man) and two female interrogators, plus about 10 muscle guys wearing masks. I think they were all Americans. From time to time one of the muscle guys would punch me in the chest and stomach.” This is the usual interrogation session that Mohammed will experience over the next few weeks.
Cold Water - They are interrupted periodically by his removal to a separate room. There, he will recall, he is doused with “cold water from buckets… for about 40 minutes. Not constantly as it took time to refill the buckets. After which I would be taken back to the interrogation room.”
No Toilet Access - During one interrogation, “I was offered water to drink; when I refused I was again taken to another room where I was made to lie [on] the floor with three persons holding me down. A tube was inserted into my anus and water poured inside. Afterwards I wanted to go to the toilet as I had a feeling as if I had diarrhea. No toilet access was provided until four hours later when I was given a bucket to use.” When he is returned to his cell, as he will recall, “I was always kept in the standing position with my hands cuffed and chained to a bar above my head.” [New York Review of Books, 3/15/2009] However, he is resistant to these methods, so it is decided he will be transferred to a secret CIA prison in Poland (see March 7 - Mid-April, 2003), where he will be extensively waterboarded and tortured in other ways.

Entity Tags: International Committee of the Red Cross, Khalid Shaikh Mohammed, Central Intelligence Agency

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

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

Majid Khan. Majid Khan. [Source: Defense Department]According to his father, al-Qaeda operative Majid Khan is arrested by Pakistani soldiers and police at his brother Mohammed Khan’s house in Karachi, Pakistan, on March 5, 2003. Both brothers are interrogated by Pakistani and US agents. Majid Khan is eventually transferred to a secret US prison and will remain there until 2006, when he will be sent to the Guantanamo prison as one of 14 “high-value” detainees (see September 2-3, 2006). [Reuters, 5/15/2007] The US apparently considers Khan of high value due to his involvement in plots targeting the US. Khan moved to the US from Pakistan as a teenager in 1996 and graduated from a high school in Baltimore in 1999. According to US charges against him, he became involved in a local Islamic organization and then returned to Pakistan in 2002. An uncle and cousin who were al-Qaeda operatives drafted Khan there, and he started working for al-Qaeda leader Khalid Shaikh Mohammed (KSM). KSM worked with Khan because of Khan’s knowledge of the US, fluency in English, and willingness to be a suicide bomber. His family owned a gas station, and he allegedly plotted to blow up gas stations and poison water supplies in the US. [Baltimore Sun, 9/9/2006]

Entity Tags: Khalid Shaikh Mohammed, Majid Khan, Mohammed Khan

Timeline Tags: Complete 911 Timeline

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture.Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).

Entity Tags: Jack Goldsmith, “Jerry M”, Aero Contractors, International Committee of the Red Cross, David S. Addington, Central Intelligence Agency, Khalid Shaikh Mohammed, Stare Kiejkuty

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

After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [New Yorker, 8/6/2007; MSNBC, 9/13/2007; New York Review of Books, 3/15/2009] He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” [New York Review of Books, 3/15/2009] Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. [New York Review of Books, 3/15/2009] However, contradictory reports will later appear:
bullet NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” [MSNBC, 9/13/2007]
bullet In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” [ABC News, 11/18/2005] In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. [ABC News, 9/14/2007] In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” [ABC News, 11/18/2005]
bullet The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. [New York Times, 10/4/2007]
bullet The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” [New Yorker, 8/6/2007]
bullet A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. [ABC News, 11/18/2005]
bullet In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency, John Sifton

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

The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band.The cover of an April issue of Entertainment Weekly featuring nearly-nude depictions of the Dixie Chicks, all with words written on their skin used in commentaries about the band. [Source: Associated Press / Guardian]The Dixie Chicks, a modern country band from Texas, plays a concert in London. The band consists of three singers and multi-instrumentalists, Natalie Maines, Martie Maguire, and Emily Robison, and backing musicians. During the show, Maines says to the audience: “Just so you know, we’re on the good side with y’all. We do not want this war, this violence, and we’re ashamed that the president of the United States is from Texas.” The London Guardian, in a review of the show, reports the comments on March 12. Within days, Maines and the Dixie Chicks become the targets of intense and heavy criticism from conservative commentators and Bush supporters in the United States. Country music radio stations across the nation begin dropping their songs from their playlists, even though the Chicks currently have the top song in country music airplay, “Travelin’ Man.” Radio stations set up trash cans outside their stations for listeners to publicly discard their Dixie Chicks CDs, and some radio stations hold “disc-burning” and “disc-smashing” festivals featuring bonfires and tractors. Two radio station chains, Cox and Cumulus, ban the Chicks from being played on all the stations they own. Critics on Fox News and conservative radio shows nickname the band “the Dixie Sluts,” “Saddam’s Angels,” and other monikers. Country musician Toby Keith, a conservative and frequent guest on Fox News and radio talk shows, begins using a backdrop at his concerts featuring a photo montage putting Maines together with Saddam Hussein. Maines reluctantly accepts 24-hour security from the barrage of death threats she receives. She quickly issues an apology, saying, “Whoever holds that office [the presidency] should be treated with the utmost respect,” but the apology makes little difference to many. Indeed, the band does not back away from its position: Robison will later say: “Everybody talks about how this war was over quickly and not that many people died. Tell that to the parents of people coming home in body bags.… Natalie’s comment came from frustration that we all shared—we were apparently days away from war (see March 19, 2003) and still left with a lot of questions.” Maines will later say: “The thing is, it wasn’t even a political statement. It was a joke made to get cheers and applause and to entertain, and it did. But it didn’t entertain America.” Maines will later say the controversy starts on a right-wing message board and blog called Free Republic. Music producer and comedian Simon Renshaw, a close friend of the band members, agrees with Maines, saying: “The extreme right-wing group, for their own political reasons, are attempting to manipulate the American media, and the American media is falling for it. The Free Republic is very well organized. There’s definitely a Free Republic hit list with all of the radio stations they’re trying to affect, and they are totally focused, and the girls are going to get whacked.” Documentary maker Barbara Kopple, who is making a film about the group, will later say: “[The c]ountry music [industry] put[s] sort of their musicians in a box, and they’re expected to be very conservative in their leanings, and these were three all-American girls that nobody ever expected this from. So when Natalie made her statement, it was as if she had betrayed country music. There was a massive boycott on playing any of their music. There was this group called the Free Republic that immediately got on Web sites and blogs and everything else to make sure that their music was not shown, their CDs were trampled, and for this, they even got death threats. So they had to have bomb-sniffing dogs, they had security, and nothing could stop these women from playing.” Kopple cites one example of a very specific and credible death threat issued for a July 6, 2003 concert in Dallas, but the three band members insist on playing, and the concert goes off without incident. In April 2003, Maines says: “People think this’ll scare us and shut us up and it’s gonna do the opposite. They just served themselves a huge headache.” [Guardian, 3/12/2003; Guardian, 4/25/2003; Democracy Now!, 2/15/2007] Eventually, their CD sales begin to rebound, and in 2007, they will win five Grammy awards, an accomplishment many will see as a vindication of the Dixie Chicks’s music and their right to freedom of speech, as well as something of a repudiation of the Nashville-based country music industry. Music executive Jeff Ayeroff will note that “the artist community… was very angry at what radio did, because it was not very American.” Music executive Mike Dungan, a powerful member of the country music industry, says of the awards, “I think it says that, by and large, the creative community sees what has happened to the Dixie Chicks as unfair and unjust.” [New York Times, 2/13/2007]

Entity Tags: Martie Maguire, Dixie Chicks, Barbara Kopple, Emily Robison, Jeff Ayeroff, Simon Renshaw, Toby Keith, Mike Dungan, Natalie Maines, Free Republic

Timeline Tags: Domestic Propaganda

Wanted poster for John Doe #2, left, and Jose Padilla, right.
Wanted poster for John Doe #2, left, and Jose Padilla, right. [Source: Public domain, via Village Voice]A judge reaffirms the right of Jose Padilla, a US citizen being held as an “enemy combatant,” to meet with a lawyer (see June 10, 2002; December 4, 2002). The same judge ruled that he could meet with a lawyer in December 2002, but the government continues to challenge the ruling and continues to block his access to a lawyer. [Associated Press, 3/11/2003] Later in the month, the government tells the judge it is planning to ignore his order and will appeal the case. [Associated Press, 3/26/2003] While it may be completely coincidental, the Village Voice has noticed that Padilla is a “dead ringer” for the never found “John Doe #2” of the 1995 Oklahoma City bombing, and other evidence could tie him to it. [Village Voice, 3/27/2002; Village Voice, 6/13/2002]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives, Civil Liberties

The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 pdf file; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]

Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense

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

Jamal Naseer, an 18-year old newly recruited Afghan soldier, dies in US custody, apparently as a result of beating and torture. Naseer dies after several days in detention at a US Special Forces “firebase,” a small, outlying military base set up to support advancing troops, at Gardez, Afghanistan. [CBS News, 9/21/2004] Naseer and seven other detainees were taken into custody about a week before by Special Forces troops attempting to secure the area from the depredations of a local warlord, Pacha (or Bacha) Khan. Naseer’s brother Ahmad insists that he, his brother, and the other detainees are allies of the Americans, and never participated in Taliban- or al-Qaeda-led attacks against American forces. [Los Angeles Times, 9/25/2006] It is unclear why the men were detained in the first place, but Los Angeles Times reporters Craig Pyes and Mark Mazzetti report that according to an Afghan intelligence report. “the action was requested by a provincial governor feuding with local military commanders.” [Los Angeles Times, 9/21/2004] Naseer’s death will be officially recorded as resulting from “natural causes,” but fellow detainees will say that Naseer’s death was caused by abuse suffered at the hands of US Army Special Forces soldiers near Gardez. Ahmad Naseer will later describe how he and his brother were beaten and abused while in custody, subjected to electric shocks, immersed in cold water, forced to assume stress positions, thrashed with cables, suffered the forcible tearing off of their toenails, and made to lie for hours in the snow. The last time he spoke with his brother, he says Jamal was “moaning about the pain in his kidneys and back” from being repeatedly beaten. [Los Angeles Times, 9/25/2006] Jamal died shortly thereafter while being helped outside to relieve himself by two Afghan kitchen workers. [Los Angeles Times, 9/21/2004] After Naseer’s death, the unit holds a meeting to discuss the incident. The team is told that Naseer died of a sex-related infection that shut down his kidneys. According to one soldier in the meeting, the point of discussion is “to make sure everybody’s on the same sheet of paper—this is what happened to the man”—in case there’s ever an investigation. Captain Craig Mallak, medical examiner for the US armed forces, says that Naseer’s death is never reported to his office (any death of a detainee is required to be reported unless the detainee is determined to have died of natural causes). Naseer’s body is transferred to a civilian hospital where no autopsy is performed. One hospital worker who prepares the body for burial will later tell the Times that Naseer’s body was “completely black” from bruising and injuries, and was “completely swollen, as were his palms, and the soles of his feet were swollen double in size.” [Los Angeles Times, 9/25/2006] Asked about such injuries, Dr. Michael Baden, a prominent forensic pathologist who works for the New York State Police, says the descriptions are inconsistent with death by organ failure. “You can’t confuse those. It sounds very much like blunt trauma.” A local physician who examined the survivors later confirmed that all of the men were suffering from similar trauma, with extensive bruising and seeping, and unbandaged wounds. [Los Angeles Times, 9/25/2006] Eventually, Ahmad Naseer and his comrades are secretly transferred to a civilian prison in Kabul, still without any formal charges. Afghan military prosecutors immediately launch an investigation into their unexplained detention. That inquiry eventually produces a 117-page report asserting that the detainees had been tortured and that there is a “strong probability” that one of the men had been “murdered.” The report speculates that the prolonged imprisonment was intended to give the detainees’ wounds time to heal. Fifty-eight days later, all of the prisoners are released; no charges are ever filed. [Los Angeles Times, 9/25/2006]

Entity Tags: Taliban, US Special Forces, Michael Baden, Pacha Khan, Al-Qaeda, Jamal Naseer, Ahmad Naseer, Craig Mallak

Timeline Tags: Torture of US Captives, War in Afghanistan

Craig Rosebraugh, the former publicist for the Earth Liberation Front (ELF—see 1997 and 2000 and After), issues a proclamation opposing the Iraq invasion (see March 19, 2003) that is posted on a number of left-wing Web sites. Rosebraugh, who remains influential in the environmental movement, says that “the only possibility of stopping this current military action is to engage in strategies and tactics which severely disrupt the war machine, the US economy, and the overall functioning of US society.” He recommends large scale urban riots and attacks on financial and media centers, as well as US military establishments. Eleven days later, five cars and a van at the Navy recruiting headquarters in Montgomery, Alabama, are spray-painted with anti-war slogans, and a large truck is set afire. The graffiti is signed “ELF.” The organization claims responsibility for the incident, saying, “This is the first specifically anti-war action carried out by the ELF in North America.” [Anti-Defamation League, 2005]

Entity Tags: Earth Liberation Front, Craig Rosebraugh

Timeline Tags: US Domestic Terrorism

Wilson Brown, who has filed a petition with the Supreme Court asking that it reconsider its landmark 1953 US v Reynolds case (see March 9, 1953), receives an e-mail from Alison Massagli of the White House’s Foreign Intelligence Advisory Board. Massagli, who learned of the petition from an article in the Philadelphia Inquirer, wants a copy of Brown’s petition. Brown notices that Massagli sent a copy of the e-mail to Catherine Lotrionete of the National Security Council. Brown is pleased that the case has garnered some attention. He e-mails the plaintiffs he is representing, saying, “I thought you would find it interesting that at least one arm of the Executive Branch is interested in our case.” [Siegel, 2008, pp. 257]

Entity Tags: National Security Council, Alison Massagli, Issuetsdeah, US Supreme Court, Wilson Brown, Catherine Lotrionete

Timeline Tags: Civil Liberties

March 19, 2003: US and Partners Invade Iraq

A building in Baghdad is bombed during the US invasion of Iraq.A building in Baghdad is bombed during the US invasion of Iraq. [Source: Reuters]The US begins its official invasion of Iraq (see (7:40 a.m.) March 19, 2003). While most observers expect a traditional air assault, the US planners instead launch what they call a “Shock and Awe” combination of air and ground assaults designed to avoid direct confrontations with Iraqi military forces and instead destroy Iraqi military command structures. [CNN, 3/20/2003; CNN, 3/20/2003; Unger, 2007, pp. 302] The initial invasion force consists of 250,000 US forces augmented by 45,000 British troops and small contingents from Poland, Australia, and Denmark, elements of the so-called “coalition of the willing.” [BBC, 3/18/2003; Unger, 2007, pp. 302]

Entity Tags: United States

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

President Bush calls British Prime Minister Tony Blair, his central ally in the US’s “coalition of the willing.” After speaking to Blair, Bush goes to the White House Situation Room, where a videoconference with his field commanders in the Persian Gulf is set up. Bush asks if they are ready to commence hostilities against Iraq; each one answers in the affirmative. Bush then says: “For the peace of the world and the benefit and freedom of the Iraqi people, I hereby give the order to execute Operation Iraqi Freedom. May God bless our troops” (see March 19, 2003). He later goes for a walk outside his office. He will recall: “I prayed as I walked around the circle. I prayed that our troops be safe, be protected by the Almighty, that there be minimal loss of life.… I was praying for strength to do God’s will.… I’m surely not going to justify war based upon God. Understand that. Nevertheless, in my case I pray that I be as good a messenger of His will as possible.” [Unger, 2007, pp. 294-295]

Entity Tags: George W. Bush, Tony Blair

Timeline Tags: Events Leading to Iraq Invasion

US forces fire more than 40 Tomahawk missiles at the Dora Farms compound on the Tigris River, where intelligence intercepts have indicated that Saddam Hussein may be holed up in an underground bunker. The Tomahawks are accompanied by “bunker-buster” bombs from F-117 Stealth fighters. The strike is an attempt to “decapitate” Iraq’s military and government by killing the dictator in the first hours of the assault (see March 19, 2003). The missile barrage destroys all of the building in the compound except the main palace. Unfortunately for the US military planners, Hussein is not at the compound; later intelligence learns that Hussein has not been at the Dora Farms complex since 1995. Hussein is at a safe house in Baghdad, watching the international television coverage of the strike and drafting a message to the Iraqi people. Hussein will remain in Baghdad for weeks, moving from safe house to safe house; though American forces will strike at numerous targets in Baghdad, none will come close to Hussein’s locations. [CBS News, 5/28/2003; New York Times, 3/12/2006; Unger, 2007, pp. 295]

Entity Tags: Saddam Hussein, US Department of Defense

Timeline Tags: Events Leading to Iraq Invasion

The FBI issues a reward of $5 million for information on Adnan Shukrijumah, starting a world-wide manhunt that will last for years. Shukrijumah lived in the same area as most of the 9/11 hijackers and was reportedly seen with Mohamed Atta in the spring of 2001 (see May 2, 2001), when he was being investigated by the FBI over two terrorist plots (see April-May 2001 and (Spring 2001)). Information gleaned from detainees suggests that Shukrijumah is a top al-Qaeda operative who was trained in Afghanistan and is associated with 9/11 architect Khalid Shaikh Mohammed and Jose Padilla (see June 10, 2002). In May 2004 Attorney General John Ashcroft will even single out Shukrijumah as the most dangerous al-Qaeda operative planning to attack the US. However, despite reported sightings in Central America, he is still on the run in 2006 and believed to be hiding in the tribal areas of Pakistan. [US News and World Report, 4/7/2003; USA Today, 6/15/2003; FrontPage Magazine, 10/27/2003; 9/11 Commission, 8/21/2004, pp. 40-41 pdf file; Los Angeles Times, 9/3/2006]
Flight Training - US authorities claim he is a pilot and has been receiving flight training outside the US for several years, though they do not release any evidence to substantiate this. His family insists that he is neither a qualified pilot nor an al-Qaeda operative. [USA Today, 6/15/2003; CNN, 9/5/2003] A senior Bush administration official says the government has evidence Shukrijumah had attended the Airman Flight School in Norman, Oklahoma, but does not say when. Other Islamist militants, including Zacarias Moussaoui, attended that school before 9/11 (see February 23-June 2001, May 18, 1999 and May 15, 1998). The director of the school claims there is no evidence of a student with any of Shukrijumah’s publicly revealed aliases. [New York Times, 3/21/2003]

Entity Tags: John Ashcroft, Adnan Shukrijumah, Federal Bureau of Investigation, Mohamed Atta

Timeline Tags: Complete 911 Timeline

The New York Times reveals that CIA analysts acknowledge being pressured to shape their intelligence reports on Iraq to conform to Bush administration policies. In particular, they were pressured to find or create evidence that Iraq had links to al-Qaeda. [New York Times, 3/23/2003] In 2004, Times editor Daniel Okrent will admit that the story was “completed several days before the invasion (see March 19, 2003) and unaccountably held for a week,” not appearing until three days after the war began, when it “was interred on Page B10.” [New York Times, 5/30/2004; Rich, 2006, pp. 192] For months, some CIA analysts have privately expressed concerns over the forcible shaping of their reports to colleagues and Congressional officials, but until now have not revealed those concerns to reporters. “A lot of analysts have been upset about the way the Iraq-al-Qaeda case has been handled,” a senior intelligence official says. The revelation that the claims of Iraq’s attempt to buy uranium from Niger were false (see March 7, 2003) sparked some analysts to come forward. One government official says, “The forgery heightened people’s feelings that they were being embarrassed by the way Iraqi intelligence has been handled.” The intelligence official says: “As we have become an integral component informing the debate for policy makers, we have been asked a lot of questions. I’m sure it does come across as a pressured environment for analysts. I think there is a sense of being overworked, a sense among analysts that they have already answered the same questions. But if you talk to analysts, they understand why people are asking, and why policy makers aren’t accepting a report at face value.” Other analysts have discussed leaving the agency over their frustration with the way intelligence is being manipulated by the Bush administration. Another government official says, “Several people have told me how distraught they have been about what has been going on.” A CIA official says no analysts have resigned in protest over the management of Iraqi intelligence. [New York Times, 3/23/2003]

Entity Tags: Daniel Okrent, Bush administration (43), Al-Qaeda, Central Intelligence Agency, New York Times

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

The CIA drafts a report containing statements reportedly made by alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) under interrogation at a black site. According to the report, KSM says that 9/11 hijacker Khalid Almihdhar did not receive specialized training at a course for al-Qaeda operatives scheduled for inclusion in the 9/11 operation in late 1999 because he had already received the training from KSM. In later statements, KSM will deny this and say he gave Almihdhar no such training, adding that he assumed Osama bin Laden and al-Qaeda military commander Mohammed Atef had excused Almihdhar from the training (see Early December 1999). [9/11 Commission, 7/24/2004, pp. 157, 493] The report also states that KSM says he sent Zacarias Moussaoui to Malaysia (see September-October 2000), that Jemaah Islamiyah leader Hambali helped Moussaoui when he was in Malaysia, and that KSM recalled Moussaoui from Malaysia when he discovered he was behaving badly there. [9/11 Commission, 7/24/2004, pp. 490, 520] The US is already aware that Moussaoui had been to Malaysia, that Hambali and KSM were linked, and that Moussaoui behaved badly in Malaysia. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006; US District Court for the Eastern District of Virginia, Alexandria Division, 3/8/2006] Details of the report will apparently be leaked to the media four days later (see March 28, 2003).

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. [Los Angeles Times, 3/28/2003] Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). [New York Times, 2/6/2003] Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. [Newsweek, 9/30/2002] Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. [Los Angeles Times, 3/28/2003]

Entity Tags: Al-Qaeda, Richard A. Clarke, Khalid Shaikh Mohammed, Osama bin Laden, Abdallah bin Khalid al-Thani, United States, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline

According to multiple sources, the Defense Department’s head of intelligence, Stephen Cambone, dispatches a quasi-military team to Iraq in the weeks after the invasion. Cambone’s “off-the-books” team, consisting of four or five men, operates under the auspices of Defense Department official Douglas Feith and the Office of Special Plans (OSP—see September 2002). The team is tasked to secure the following, in order of priority: downed Navy pilot Scott Speicher, Iraq’s WMD stockpiles, and Saddam Hussein. The sources, who speak to reporter Larisa Alexandrovna in 2006 on the condition of anonymity, include three US intelligence sources and a person with close ties to the United Nations Security Council. Speicher, classified as “killed in action” (KIA) after being shot down in 1991 during Operation Desert Storm, was touted by Iraqi National Congress leader Ahmed Chalabi (see 1992-1996, November 6-8, 2001, December 20, 2001, and February 2002) as alive and held as a prisoner of war as part of Chalabi’s push for the US invasion of Iraq. Chalabi also told Bush administration officials of enormous stockpiles of chemical and biological WMD throughout Iraq (see Summer 2002, Fall 2002, and Early 2003). Cambone’s team operates outside the auspices of other officially sanctioned groups such as Task Force 20 and other units operating in Iraq before the invasion itself, though the team may be comprised of TF20 personnel. The team is not tasked with actually finding and destroying any WMD stockpiles so much as it is ordered to find such a stockpile and thereby solve what the UN Security Council source calls the administration’s “political WMD” problem. “They come in the summer of 2003, bringing in Iraqis, interviewing them,” the UN source later says. “Then they start talking about WMD and they say to [these Iraqi intelligence officers] that ‘Our president is in trouble. He went to war saying there are WMD and there are no WMD. What can we do? Can you help us?’” [Raw Story, 1/5/2006]

Entity Tags: US Department of Defense, Ahmed Chalabi, Bush administration (43), Douglas Feith, Office of Special Plans, Michael Scott Speicher, Larisa Alexandrovna, Stephen A. Cambone

Timeline Tags: Iraq under US Occupation

The Justice Department advises in a set of legal memorandums that if “government officials… are contemplating procedures that may put them in violation of American statutes that prohibit torture, degrading treatment or the Geneva Conventions, they will not be responsible if it can be argued that the detainees are formally in the custody of another country.” That is because, according to one official, “It would be the responsibility of the other country.” The memos seem to suggest that top government officials may be concerned that they are in violation of international laws. One administration figure involved in discussions about the memos tells the New York Times in May 2004: “The criminal statutes only apply to American officials. The question is how involved are the American officials.” [New York Times, 5/13/2004]

Timeline Tags: Torture of US Captives, Civil Liberties

In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]

Entity Tags: US Department of Defense

Timeline Tags: Torture of US Captives

Overhead photo of Salman Pak, with erroneous captioning.Overhead photo of Salman Pak, with erroneous captioning. [Source: The Beasley Firm]US forces overrun the Iraqi military training facility at Salman Pak, just south of Baghdad. The facility has been identified by several Iraqi National Congress defectors as a training facility for foreign terrorists, possibly aligned with al-Qaeda (see November 6-8, 2001). [New Yorker, 5/12/2003; Knight Ridder, 11/2/2005] The day of the raid, Brigadier General Vincent Brooks attempts to give the impression that US forces have found evidence that the camp was used to train terrorists, telling reporters that the camp was hit “in response to information that had been gained by coalition forces from some foreign fighters that we encountered from other country, not Iraq, and we believe that this camp had been used to train these foreign fighters in terror tactics…. The nature of the work being done by some of those people that we captured, their inferences to the type of training that they received, all of these things give us the impression that there was terrorist training that was conducted at Salman Pak.” Brooks says that tanks, armored personnel carriers, buildings used for “command and control and… morale and welfare” were destroyed. “All of that when you roll it together, the reports, where they’re from, why they might be here tell us there’s a linkage between this regime and terrorism and that’s something that we want to break…. There’s no indications of specific organizations that I’m aware of inside of that. We may still find it as with all operations that we conduct into a place, we look for more information after the operation is complete. We’ll pull documents out of it and see what the documents say, if there’s any links or indications. We’ll look and see if there’s any persons that are recovered that may not be Iraqi.” [CNN, 4/6/2003] However, US forces find no evidence whatsoever of any terrorists training activities at the camp. The story had a sensational effect in the media, and helped feed the public impression that the regime of Saddam Hussein was connected in some way with the 9/11 terrorists, but others, from Iraqi spokespersons to former US intelligence officials, asserted before the March 2003 invation that the Salman Pak facility was built, not for training terrorists, but for training Iraqi special forces to combat passenger jet hijackers. The facility formerly housed an old fuselage, generally identified as being from a Boeing 707, used in the training, and has been used in counter-terrorism training since the mid-1980s. A former CIA station chief says the agency assisted the Iraqis in their training: “We were helping our allies everywhere we had a liaison.” The former station chief adds that it is unlikely that the Iraqis, or anyone else, would train for terrorist strikes in an open facility easily spotted by satellite surveillance and human observers. “That’s Hollywood rinky-dink stuff,” he says. “They train in basements. You don’t need a real airplane to practice hijacking. The 9/11 terrorists went to gyms. But to take one back you have to practice on the real thing.” The US forces comb through Salman Pak, and find nothing to indicate that the facility was used for anything except counter-terrorism training. [New Yorker, 5/12/2003; Knight Ridder, 11/2/2005] In 2004, a senior US official will say of the claims about Salman Pak as a terrorist training facility, “We certainly have found nothing to substantiate that.” [Knight Ridder, 3/15/2004] In 2006, the Senate Intelligence Committee will report similar findings (see ISeptember 8, 2006). The CIA doubted reports of Salman Pak being used as a terrorist training camp as early as 2003 (see January 2003). And former UN weapons inspector Scott Ritter was debunking those stories in 2002 (see August 2002).

Entity Tags: Senate Intelligence Committee, Saddam Hussein, Central Intelligence Agency, Defense Intelligence Agency, Al-Qaeda, Iraqi National Congress, Vincent Brooks

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Iraq under US Occupation

Fahad al-Quso, far left, Jamal al-Badawi, in center with black cap, and two other militants in a Yemeni prison in February 2005.Fahad al-Quso, far left, Jamal al-Badawi, in center with black cap, and two other militants in a Yemeni prison in February 2005. [Source: Khaled Abdullah / Reuters / Corbis]Ten suspects in the USS Cole bombing escape from prison in Aden, Yemen. The suspects include al-Qaeda operatives Jamal al-Badawi and Fahad al-Quso, both thought to play important roles in the Cole bombing (see October 12, 2000). [Associated Press, 4/11/2003] All ten are recaptured in Yemen in March 2004. [New York Times, 3/20/2004] After al-Badawi is recaptured, some Yemeni officials try unsuccessfully to claim a multimillion-dollar US award. Newsweek will later comment that this suggests the escape was a scam. At the time, al-Badawi apparently is friendly with Colonel Hussein al-Anzi, a top official in the Political Security Organization, Yemen’s version of the FBI. Al-Anzi will later be fired. [Newsweek, 2/13/2006] Al-Quso will later be sentenced to 10 years in prison in Yemen for his role in the Cole attack, while al-Badawi will be given the death penalty. However, al-Badawi will later escape again (see February 3, 2006), then be pardoned, and then imprisoned again (see October 17-29, 2007). Al-Quso also will be secretly freed by the Yemeni government in 2007 (see May 2007). [New York Times, 9/30/2004]

Entity Tags: Jamal al-Badawi, Yemeni Political Security Organization, Hussein al-Anzi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline

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

New York Times reporter Judith Miller speaks about her reporting on PBS.New York Times reporter Judith Miller speaks about her reporting on PBS. [Source: PBS]New York Times reporter Judith Miller, embedded with the Army’s 101st Airborne Division south of Baghdad, writes that Iraq destroyed large stockpiles of chemical and biological weapons in the days before the March 2003 invasion.
Single Unidentified 'Scientist' as Source - Miller’s source is identified as an Iraqi scientist who claims to have worked in Iraq’s chemical weapons program for over a decade; this scientist is said to have told an American military team hunting for unconventional weapons in Iraq, the Mobile Exploitation Team Alpha, or MET Alpha (see April-May 2003), of the stockpiles. According to MET Alpha, the scientist has taken the team to a supply of material he buried in his backyard—“precursors for a toxic agent”—as evidence of Iraq’s illicit weapons programs. The scientist also claims that Iraq sent unconventional weapons and technology to Syria, and has been cooperating with al-Qaeda. In the last years of the Hussein regime, Miller reports the scientist as claiming, Iraq “focused its efforts… on research and development projects that are virtually impervious to detection by international inspectors, and even American forces on the ground combing through Iraq’s giant weapons plants.” MET Alpha refuses to identify the scientist, saying to do so would imperil his safety, and does not take Miller to see the scientist’s buried supply of materials. According to Miller, the team describes the scientist’s assertions and his cache of materials as “the most important discovery to date in the hunt for illegal weapons.” Moreover, Miller writes that the discovery “supports the Bush administration’s charges that Iraq continued to develop those weapons and lied to the United Nations about it. Finding and destroying illegal weapons was a major justification for the war.”
Military Controlled, Vetted Report - Miller admits to not interviewing the scientist, not being permitted to write about the scientist for three days, and having her report vetted by military officials before submitting it for publication. She says that portions of her report detailing the chemicals located by the MET Alpha team were deleted, again for fear that such reporting might place the scientist in jeopardy. Neither Pentagon officials in Washington nor CENTCOM officials in Qatar will verify that the scientist is actually working with American forces. Miller’s only contact with the scientist is viewing him “from a distance at the sites where he said that material from the arms program was buried,” where he wore a baseball cap and pointed at spots in the sand where he claimed chemical weapons materials were buried.
'Incalculable Value' - Miller quotes the commander of the 101st Airborne, Major General David Petraeus, as calling the potential of MET Alpha’s work “enormous.” Petraeus adds: “What they’ve discovered could prove to be of incalculable value. Though much work must still be done to validate the information MET Alpha has uncovered, if it proves out it will clearly be one of the major discoveries of this operation, and it may be the major discovery.” [New York Times, 4/21/2003] The day after her report is published, Miller will tell a PBS interviewer: “I think they found something more than a smoking gun.… What they’ve found is… a silver bullet in the form of a person, an Iraqi individual, a scientist, as we’ve called him, who really worked on the programs, who knows them firsthand, and who has led MET Alpha people to some pretty startling conclusions.” Asked if the report will confirm “the insistence coming from the US government that after the war, various Iraqi tongues would loosen, and there might be people who would be willing to help,” Miller responds: “Yes, it clearly does.… That’s what the Bush administration has finally done. They have changed the political environment, and they’ve enabled people like the scientists that MET Alpha has found to come forth.” [American Journalism Review, 8/2003; Huffington Post, 1/30/2007]
Report Almost Entirely Wrong - Miller’s reporting will be proven to be almost entirely wrong. Neither Miller nor MET Alpha will ever produce any tangible evidence of the scientist’s claims, including the so-called “evidence” he claims he buried in his backyard. And, Miller will later admit, the “scientist” was actually a former Iraqi military intelligence officer with no connection to Iraq’s WMD programs (see July 25, 2003). [Slate, 7/25/2003] Other reporters, such as the Washington Post’s Barton Gellman and the Associated Press’s Dafna Linzer, report that teams such as MET Alpha have found nothing of use. Linzer will soon report that nothing the Iraqi scientist claims can be verified. And Miller will admit that much of the information she has published in the Times has come from Iraqi National Congress head Ahmed Chalabi (see May 1, 2003), a known fabricator (see 1992-1996, (1994), November 6-8, 2001, Summer 2002, Early 2003, and July 9, 2004). Miller will continue to insist that her reporting is accurate. [American Journalism Review, 8/2003]

Entity Tags: New York Times, Dafna Linzer, David Petraeus, Bush administration (43), Barton Gellman, Ahmed Chalabi, Judith Miller, US Central Command, US Department of Defense, Mobile Exploitation Team Alpha

Timeline Tags: Iraq under US Occupation

Twenty-five al-Qaeda operatives are captured in Karachi, Pakistan, including two key 9/11 figures. The captured include Tawfiq bin Attash, better known by his nickname Khallad. He is considered one of the masterminds of the USS Cole bombing (see October 12, 2000) and attended a Malaysia summit where the 9/11 plot was discussed (see January 5-8, 2000). Also captured is Ali Abdul Aziz Ali, one of 9/11 mastermind Khalid Shaikh Mohammed’s nephews. He made travel arrangements for and wired money to many of the 9/11 hijackers. One investigator will later say, “He was turning up everywhere we looked—like a chameleon.” [New York Times, 5/1/2003; Los Angeles Times, 5/21/2006] Both Aziz Ali and bin Attash will be sent to secret CIA prisons and remain there until 2006, when they will be transfered to the Guantanamo Bay prison (see September 2-3, 2006). Bin Attash will be extensively tortured while in US custody in Afghanistan (see April 29 - Mid-May, 2003). The identities and fates of the others captured with them are unknown.

Entity Tags: Khallad bin Attash, Ali Abdul Aziz Ali

Timeline Tags: Complete 911 Timeline

Eight high-ranking military lawyers from the Army Judge Advocate General’s office—which historically has ensured that interrogators do not violate prisoners’ rights—visit Scott Horton, head of the New York State Bar Association’s committee on international law, and ask him to persuade the Pentagon to reverse its policy on using “stress and duress” interrogation techniques (see Late 2002-April 2003) (see April 16, 2003). “They were quite blunt,” Horton will recall. “They were extremely concerned about how the political appointees were dealing with interrogation issues. They said this was a disaster waiting to happen and that they felt shut out” from the rules-drafting process. [Washington Post, 5/13/2004; Newsday, 5/15/2004; New Yorker, 5/24/2004] The lawyers describe the new interrogation rules as “frightening,” with the potential to “reverse 50 years of a proud tradition of compliance with the Geneva Conventions.” [USA Today, 5/13/2004] The military lawyers will make another visit to Horton’s office in October (see May 2003).

Entity Tags: Scott Horton

Timeline Tags: Torture of US Captives

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

The FBI and Customs Department had been waging a bureaucratic war over control of Operation Greenquest, a controversial but largely fruitful Customs terrorist finance investigation (see After March 20, 2002-Early 2003). On May 13, 2003, Attorney General John Ashcroft and Homeland Security Secretary Tom Ridge signed a memorandum of agreement giving the FBI near total control over all terrorist finance investigations. According to the memorandum, if the FBI feels the case is related to terrorist financing and should belong to them, “the investigation and operation of the matter shall be led by the FBI.” The agreement also effectively ends Greenquest. The memo states, “The Secretary [of Homeland Security] agrees that no later than June 30, 2003, Operation Greenquest will no longer exist as a program name.” [National Review, 5/27/2003]

Entity Tags: US Customs Service, Operation Greenquest, John Ashcroft, Federal Bureau of Investigation, Tom Ridge

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Jan Paul Miller, Mustafa Ahmed al-Hawsawi, George W. Bush, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Solicitor General Theodore Olson submits a response to the request that the Supreme Court reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). Olson argues that once a decision has been made, it should be respected—“the law favors finality,” he writes. More surprisingly to the plaintiffs and their lawyers, Olson argues that there was no fraud perpetuated in the original case, a position hard to defend in the face of the declassified accident reports that were the heart of that case (see February 2000 and February 26, 2003). The accident reports never contained military secrets or secret information of any kind, a claim that the Court’s 1953 decision hinged on, but Olson argues that because of the wording of the claims—releasing the reports to the original plaintiffs “might lead to disclosure” of classified information—then the old claims of protecting state secrets are still technically valid (see March 9, 1953). Olson echoes the author of the original Supreme Court opinion, Fred Vinson, by reminding the Court that “[t]he claim of privilege in this case was made in 1950, at a time in the nation’s history—during the twilight of World War II and the dawn of the Cold War—when the country, and especially the military, was uniquely sensitive to need for ‘vigorous preparation for national defense.‘… The allegations of fraud made by the petition in this case… must be viewed in that light.” The lawyer for the plaintiffs in the petition, Wilson Brown, is both angered and impressed by what he calls Olson’s “remarkable obfuscation.” By hiding behind the vague wording of the original claims of state secrets, Olson is implying that this case must turn on factual issues—and therefore should be heard in a lower court, not the Supreme Court. Brown, in his response co-written by colleague Jeff Almeida, calls Olson’s arguments “disingenuous” and insists that the plaintiffs’ original case “had been vitiated through fraud.” [Siegel, 2008, pp. 261-264]

Entity Tags: Fred Vinson, Bush administration (43), Jeff Almeida, US Supreme Court, Wilson Brown, Theodore (“Ted”) Olson

Timeline Tags: Civil Liberties

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

John Kiriakou, an executive assistant to the CIA’s Iraq mission manager Robert Grenier, sends out an email asking other CIA officers for information about Ambassador Joe Wilson’s trip to Niger concerning allegations Iraq purchased yellowcake uranium there. The e-mail is sent out in response to a request from Deputy CIA Director John McLaughlin for information Vice President Dick Cheney will want at a meeting scheduled for tomorrow, and is sent “on behalf of the vice president.” The questions concern Wilson’s trip, what the CIA knew of it, and President Bush’s State of the Union address that mentioned the allegations. According to journalist Laura Rozen, “The email makes clear that senior CIA officials, including Kiriakou’s boss [Grenier] and the Deputy Director of Central Intelligence [McLaughlin], did not know who Valerie Wilson was at the time.” [Central Intelligence Agency, 6/10/2003 pdf file; Mother Jones, 12/21/2007] After resigning from the agency, Kiriakou will come to national attention when he makes a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007).

Entity Tags: Laura Rozen, Central Intelligence Agency, John E. McLaughlin, Joseph C. Wilson, Richard (“Dick”) Cheney, John Kiriakou

Timeline Tags: Niger Uranium and Plame Outing

The CIA, the RAND Corporation, and the American Psychological Association host a two-day workshop entitled, “Science of Deception: Integration of Practice and Theory.” One session, “Law Enforcement Interrogation and Debriefing,” explores the question, “What pharmacological agents are known to affect apparent truth-telling behavior?” [American Psychological Association, 6/18/2003; Congressional Quarterly, 4/4/2008] This question becomes more relevant in light of evidence that mind-altering drugs may be used by US interrogators against terror suspects (see April 4, 2008).

Entity Tags: Central Intelligence Agency, RAND Corporation, American Psychological Association

Timeline Tags: Torture of US Captives

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi

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

Senator Arlen Specter (R-PA) writes to National Security Adviser Condoleezza Rice asking for “clarification about numerous stories concerning alleged mistreatment of enemy combatants in US custody” and requesting that she explain how the administration ensures that detainees rendered to other countries are not tortured. [Human Rights Watch, 5/7/2004] Unbeknownst to Specter, Rice signed off on using torture methods on prisoners over a year earlier (see Mid-May, 2002).

Entity Tags: Arlen Specter, Condoleezza Rice

Timeline Tags: Torture of US Captives

At Guantanamo, detainee Mohamed al-Khatani is given a tranquilizer, fitted with blackened goggles, and put on a plane. He is told he is being sent to a Middle Eastern country. What happens next is probably equivalent to the technique authorized under the description “false flag” by Defense Secretary Donald Rumsfeld’s April 16, 2003 memo on interrogation methods (see April 16, 2003). The plane returns to Guantanamo several hours later and he is taken to an isolation cell in the base’s brig where he is subjected to harsh interrogation procedures. He is led to believe that his interrogators are Egyptian national security operatives. In order to maintain the deception, the International Committee of the Red Cross (ICRC) is not permitted to visit Khatani during this time. [New York Times, 1/1/2005]

Entity Tags: Mohamed al-Khatani, Donald Rumsfeld, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

The CIA drafts a report containing statements reportedly made by alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) under interrogation at a black site. According to the report, KSM claims that Zacarias Moussaoui was not handled by al-Qaeda for the 9/11 attacks, but for a second wave of attacks. KSM will reportedly repeat this claim in a later interrogation (see September 11, 2003). The claim appears not to be entirely true, as in an intercepted conversation from July 2001 KSM and his associate Ramzi bin al-Shibh discussed possibly using Moussaoui for 9/11 (see July 20, 2001). In addition, the report says KSM claims he did not hear about Moussaoui’s arrest, which occurred on August 16, 2001 (see August 16, 2001), until after the 9/11 attacks. [9/11 Commission, 7/24/2004, pp. 247, 531]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Rohan Gunaratna.Rohan Gunaratna. [Source: George Washington University]Counterterrorism expert Rohan Gunaratna claims to know what was discussed at the al-Qaeda summit held in Malaysia in January 2000 (see January 5-8, 2000). Gunaratna has been described as an “ad hoc adviser to US intelligence officials,” and it is believed he has seen top secret transcripts of 9/11 mastermind Khalid Shaikh Mohammed’s (KSM) recent interrogations in CIA prisons. It has not been explained how he saw such transcripts, but the CIA has not disputed the assertion that he saw them. [Bergen Record, 7/10/2003] In public testimony before the 9/11 Commission, Gunaratna says that “Khalid Shaikh Mohammed chaired that meeting [in Malaysia]. The first two hijackers to enter the United States, they were present at that meeting. So the 9/11 operation is an extension of old Plan Bojinka (see January 6, 1995). So the players of old plan Bojinka, they were not all arrested.… If you read the interrogation of [KSM], who is now in US custody, he has very clearly stated how 9/11 was planned, that it originated from [Bojinka].” However, the 9/11 Commissioners do not ask him any follow-up questions about this. [9/11 Commission, 7/9/2003 pdf file] In the 9/11 Commission’s final report, there will be no mention of any suggestions KSM was at the Malaysia summit or any clear accounting as to who all the attendees were. Their report will also downplay any connections between the 1995 Bojinka plot and the 9/11 plot, which they will claim began in 1999. [9/11 Commission, 7/24/2004, pp. 153-154] However, later on the same day as his testimony, Gunaratna will give more details of what he claims to have learned from KSM’s interrogations in an interview with a reporter. He says that at the summit KSM said al-Qaeda operatives would need to learn to fly commercial airliners in the US as part of a “suicide operation.” However, although KSM had already agreed on the targets with bin Laden, the World Trade Center and the Pentagon were not mentioned at the summit. KSM “was careful not to discuss all the specific plans at that meeting.” The reporter who interviewed Gunaratna notes that “some US intelligence officials” have “pooh-poohed the significance of the Malaysian meeting as a link to Sept. 11,” and if KSM was at the meeting, that “further underscores how the CIA missed an opportunity” to stop the 9/11 attacks. [Bergen Record, 7/10/2003] The CIA had Malaysian intelligence photograph and film the attendees of the summit as they were coming and going, but apparently there was no attempt to monitor what was said in the summit meetings (see January 5-8, 2000 and Shortly After). If Gunaratna is correct, it suggests that the CIA and 9/11 Commission may have withheld some details of KSM’s interrogations to the public that are embarrassing to US intelligence agencies. Note also that doubts have been expressed about the reliability of KSM’s testimony, which was at least partly obtained through the use of torture (see June 16, 2004).

Entity Tags: Central Intelligence Agency, Al-Qaeda, 9/11 Commission, Khalid Shaikh Mohammed, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An organization called Veteran Intelligence Professionals for Sanity (VIPS) writes an open letter to President Bush entitled “Intelligence Unglued,” where they warn that unless Bush takes immediate action, the US intelligence community “will fall apart—with grave consequences for the nation.” They say that it is clear his National Security Adviser, Condoleezza Rice, and not CIA Director George Tenet, was responsible for the now-infamous “sixteen words” in his January State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). “But the disingenuousness persists,” they write. “Surely Dr. Rice cannot persist in her insistence that she learned only on June 8, 2003, about former ambassador Joseph Wilson’s mission to Niger in February 2002, when he determined that the Iraq-Niger report was a con-job” (see July 6, 2003). “Rice’s denials are reminiscent of her claim in spring 2002 that there was no reporting suggesting that terrorists were planning to hijack planes and slam them into buildings (see May 16, 2002). In September, the joint Congressional committee on 9/11 came up with a dozen such reports” (see December 24, 1994 and January 6, 1995). It is not only Rice’s credibility that has suffered, they write, but Secretary of State Colin Powell’s as well, “as continued non-discoveries of weapons in Iraq heap doubt on his confident assertions to the UN” (see February 5, 2003). Ultimately, they write, it is Bush’s credibility at stake much more than that of his advisers and cabinet members. They lay the blame for the “disingenuousness” from the various members of the administration at the feet of Vice President Dick Cheney: it was Cheney’s office who sent Wilson to Niger (see (February 13, 2002)), it was Cheney who told the Veterans of Foreign Wars that Saddam Hussein was about to produce a nuclear weapon (see August 26, 2002), all with intelligence he and his staff knew to be either unreliable or outright forgeries—a “deep insult to the integrity of the intelligence process,” they write—it was Cheney and his staff who pressured CIA analysts to produce “cherry-picked” intelligence supporting their desire for war, it was Cheney and his staff who “cooked” the prewar National Intelligence Estimate on Iraq (see October 1, 2002). Bad enough that false intelligence was used to help craft Bush’s State of the Union address, they write, but that “pales in significance in comparison with how it was used to deceive Congress into voting on October 11 to authorize you to make war on Iraq” (see October 10, 2002). VIPS recommends three things for Bush to implement:
bullet Bring an immediate end to White House attempts to exculpate Cheney from what they write is his obvious guilt and ask for his resignation: “His role has been so transparent that such attempts will only erode further your own credibility. Equally pernicious, from our perspective, is the likelihood that intelligence analysts will conclude that the way to success is to acquiesce in the cooking of their judgments, since those above them will not be held accountable. We strongly recommend that you ask for Cheney’s immediate resignation.”
bullet Appoint General Brent Scowcroft, the chair of the Foreign Intelligence Advisory Board, to head “an independent investigation into the use/abuse of intelligence on Iraq.”
bullet Bring UN inspectors back into Iraq. “This would go a long way toward refurbishing your credibility. Equally important, it would help sort out the lessons learned for the intelligence community and be an invaluable help to an investigation of the kind we have suggested you direct Gen. Scowcroft to lead.” [Salon, 7/16/2003]

Entity Tags: George J. Tenet, George W. Bush, Richard (“Dick”) Cheney, Veteran Intelligence Professionals for Sanity, Brent Scowcroft, Colin Powell, Condoleezza Rice

Timeline Tags: Niger Uranium and Plame Outing

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

Damage to the front of the Marriott Hotel.Damage to the front of the Marriott Hotel. [Source: CNN]A suicide bomber crashes into the lobby of the J. W. Marriott Hotel in Jakarta, Indonesia, killing 16 people and wounding 150. All of those killed are Indonesian except for one Dutch man. No group takes credit for the bombing, but US and Indonesian officials quickly blame Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia. The New York Times calls the Marriott “the most visibly American building in the city, [leaving] little doubt about the intentions of the terrorists.” Two weeks before, a militant captured in a raid in central Java revealed that he had recently delivered two carloads of bombmaking materials to Jakarta. Furthermore, drawings were found indicating that JI was planning an attack on one of the following targets: the Grand Hyatt, Mulia, or Marriott hotels, two Jakarta shopping malls, or some Christian sites. Police claim they went on high alert. But the Marriott says they were never given any warning, and there was no public alert of any kind. The US ambassador to Indonesia, Ralph Boyce, says the US was not given any warning. Time magazine will later comment that “serious questions remain about just how much more police might have done to prevent the attack in the first place.” [New York Times, 8/7/2003; Time, 8/10/2003] One Indonesian later convicted for a role in the bombing, Mohammad Rais, will later testify in court that he had frequently met Osama bin Laden in Afghanistan in recent years, and the bombing was inspired by bin Laden’s talk about waging war against the US and its allies. “We saw the Marriott attack as a message from Osama bin Laden.” [Associated Press, 12/2/2004] US treasury official Stuart Levey will later claim that al-Qaeda funded the attack by having a courier bring $30,000 in cash to Indonesia. [USA Today, 6/18/2006] The funds for the bombing allegedly passed through Hambali, an al-Qaeda and JI leader arrested in Thailand several days later (see August 12, 2003). [CNN, 8/19/2003] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing, together with Hambali. [New York Times, 10/7/2005]

Entity Tags: Ralph Boyce, Noordin Mohammed Top, Mohammad Rais, Azhari Husin, Hambali, Stuart Levey, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Mohammed Nazir Bin Lep (a.k.a. Lillie).Mohammed Nazir Bin Lep (a.k.a. Lillie). [Source: Defense Department]Hambali (a.k.a. Riduan Isamuddin) is arrested in Thailand in a joint US-Thai operation. He has been considered the operational leader of al-Qaeda in Southeast Asia. He was involved in the Bojinka plot in 1995, attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), and was said to be involved in the 2002 bombing of two nightclubs in Bali, Indonesia (see October 12, 2002), the 2003 bombing of a Marriott Hotel in Jakarta, Indonesia (see August 5, 2003), and other similar acts. He is taken into US custody and is said to quickly and fully cooperate with his captors. [Chicago Tribune, 12/7/2003] According to the Washington Post, at some point he will be transferred to the US naval base at the British island colony of Diego Garcia, where the CIA is believed to have a secret interrogation center. [Washington Post, 12/17/2004; Washington Post, 1/2/2005, pp. A01] Two of Hambali’s associates - Mohamad Farik Amin (a.k.a. Zubair), and Mohammed Nazir Bin Lep (a.k.a. Lillie) - are arrested with him. Both are Malaysians and are said to be al-Qaeda operatives. Supposedly they were members of a four person suicide squad working for Hambali and Khalid Shaikh Mohammed to hijack an airplane (see October 2001-February 2002). [Time, 10/6/2003] The US will later classify both of them, and Hambali, as about a dozen of the top al-Qaeda operatives in US custody (see September 2-3, 2006).

Entity Tags: United States, Thailand, Hambali, Mohamad Farik Amin, Khalid Shaikh Mohammed, Mohammed Nazir Bin Lep

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Shortly after he is arrested in Thailand (see August 12, 2003), al-Qaeda leader Hambali is taken to an unknown location and tortured. [MSNBC, 9/13/2007]

Entity Tags: Central Intelligence Agency, Hambali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The 519th Military Intelligence Battalion authors a memo describing aggressive techniques such as “the use of dogs, stress positions, sleep management, sensory deprivation,… yelling, loud music, and light control.” The memo is possibly the interrogation techniques “wish list” that was requested by a military intelligence captain in a mid-August email (see Mid-August 2003). [US Department of the Army, 3/9/2004]

Timeline Tags: Torture of US Captives

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. [Washington Post, 5/9/2004; New Yorker, 5/17/2004; Washington Post, 8/24/2004; Savage, 2007, pp. 190] The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). [Washington Post, 6/12/2004]
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). [New Yorker, 5/24/2004] Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. [New Yorker, 6/21/2004; Signal Newspaper, 7/4/2004] Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. [Washington Post, 5/16/2004]
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. [Washington Post, 5/9/2004] Miller will later deny he used the word “Gitmoize.” [Washington Post, 5/12/2004] During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. [US Department of Defense, 8/23/2004 pdf file] Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. [Washington Post, 5/21/2004] The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). [Washington Post, 7/19/2004; US Department of Defense, 8/23/2004 pdf file] Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” [BBC, 6/15/2004] Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. [New York Times, 5/13/2004]
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” [Washington Post, 5/20/2004] Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). [Savage, 2007, pp. 190]

Entity Tags: Barbara G. Fast, Antonio M. Taguba, Carolyn A. Wood, Samuel Provance, Janis L. Karpinski, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

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

A team of military lawyers in Iraq issues a memo detailing a new set of interrogation rules entitled, CJTF-7 Interrogation and Counter-Resistance Policy (ICRP). The team—headed by the highest legal expert within the US military apparatus in Iraq, Col. Marc Warren, the staff judge advocate for Combined Joint Task Force (CJTF) 7—includes Capt. Fitch, the command judge advocate with Col. Thomas M. Pappas’ 205th Military Intelligence Brigade, and Maj. Daniel Kazmier and Maj Franklin D. Raab, both from the CJTF-7 Office of the Staff Judge Advocate (OSJA). In crafting the memo, Fitch “copie[s]” Defense Secretary Donald Rumsfeld’s April 16, 2003 memo (see April 16, 2003), intended for Guantanamo, “almost verbatim.” The draft is then sent to the 519th Military Intelligence Battalion for comment. The 519th adds techniques from its own August 27, 2003 memo (see August 27, 2003), including “the use of dogs, stress positions, sleep management, sensory deprivation,… yelling, loud music, and light control.” The techniques listed in the final version of the memo apply to all categories of detainees. [US Department of Defense, 8/23/2004 pdf file] Sleep management and sensory deprivation are also part of the Guantanamo set of interrogation techniques. The other more aggressive methods—the use of dogs, stress positions, and yelling, loud music, and light control—are extras.

Entity Tags: Donald Rumsfeld, Daniel Kazmier, Marc Warren, Brent Fitch, Franklin D. Raab, Thomas M. Pappas

Timeline Tags: Torture of US Captives

The CIA drafts a report containing statements reportedly made by alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) under interrogation at a black site. According to the report, KSM claims that Zacarias Moussaoui was not handled by al-Qaeda for the 9/11 attacks, but for a second wave of attacks. KSM also made this claim in an earlier interrogation (see July 2, 2003). The claim appears to be not entirely true, as in an intercepted conversation from July 2001, KSM and his associate Ramzi bin al-Shibh discussed possibly using Moussaoui for 9/11 (see July 20, 2001). The report apparently contains a mention of this call. [9/11 Commission, 7/24/2004, pp. 246, 247, 530, 531]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

In an interview, a key 9/11 Commission staffer, Doug MacEachin, reportedly agrees with an important witness, FBI agent Ali Soufan, that the CIA deliberately withheld from the bureau the knowledge that al-Qaeda leader Khallad bin Attash had attended al-Qaeda’s Malaysia summit and was therefore linked to 9/11 hijacker Khalid Almihdhar. [Soufan, 2011, pp. 301-302] However, the Commission’s final report will call the non-passage of this intelligence “an example of how day-to-day gaps in intelligence sharing can emerge even when there is mutual goodwill.” [9/11 Commission, 7/24/2004, pp. 267] This interview appears to be the second time the Commission talks to Soufan, which is on September 15, 2003. [9/11 Commission, 7/24/2004, pp. 507; Soufan, 2011, pp. 297-302] Soufan discusses the case of “Omar,” a joint FBI-CIA source inside al-Qaeda. At an interview of Omar in January 2001 the CIA learned that bin Attash had attended al-Qaeda’s Malaysia summit in early 2000 (see January 5-8, 2000 and January 4, 2001). However, it then failed to share this with the FBI (see January 5, 2001 and After). Soufan tells the Commission’s staff: “This shows that the CIA knew the significance of Malaysia, Khallad, and Almihdhar but actively went out of their way to withhold the information from us. It’s not a case of just not passing on information. This is information the FBI representative working with the source should have been told about. It was a legal requirement. Instead we were deliberately kept out of the loop.” A staffer responds that the CIA claims it shared the information, and Soufan asks whether the Commission checked the “regular cables” between the field and CIA headquarters. After the staffer says they have, Soufan asks whether the Commission has checked the “operational traffic,” and MacEachin responds, “That must be it.” Other staffers are initially puzzled by McEachin’s comment, but he explains it to them. Soufan will comment: “Operational traffic refers to cables sent during an operation. The officer will list procedures, leaving a record in case something goes wrong or something needs to be referred to. Because these cables are strictly procedural and not related to intelligence, they would not be sent to the FBI. If someone wanted to hide something from the FBI, that’s where he would put it. Because Doug had worked for the CIA, he knew what operational cables were, while other members of the team might not have.” The Commission later finds that the information about bin Attash was in an operational cable. [Soufan, 2011, pp. 301-302] The reason for the discrepancy between MacEachin’s attitude in the interview of Soufan and the Commission’s final report is unknown.

Entity Tags: Doug MacEachin, Federal Bureau of Investigation, 9/11 Commission, Ali Soufan

Timeline Tags: Complete 911 Timeline

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). [Associated Press, 9/21/2003] (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); [9/11 Commission, 7/24/2004, pp. 492]
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. [Associated Press, 9/21/2003]
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. [9/11 Commission, 7/24/2004] The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” [Associated Press, 9/21/2003] KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Mahmoud Afif Abdeljalil.Mahmoud Afif Abdeljalil. [Source: Joel Nito / Agence France-Presse]An “envoy” of bin Laden’s brother-in-law is accused of running al-Qaeda front companies in the Philippines and is deported. Mahmoud Afif Abdeljalil, a Jordanian, was arrested in the Philippines in early 1995 and accused of supporting the Bojinka plot, but then was let go (see January 6, 1995 and April 1, 1995-Early 1996). He is arrested in the Philippines again on this day while attempting to sell some properties owned by Mohammed Jamal Khalifa, bin Laden’s brother-in-law. [Contemporary Southeast Asia, 12/1/2002; Time, 10/27/2003] Philippine officials call him a suspected al-Qaeda operative who had been in close contact with militants from the Abu Sayyaf and other groups. He is called an “envoy” or “point man” for Khalifa, and reputedly took over some of Khalifa’s business front companies after Khalifa left the country in 1994 (see December 1, 1994). His house was used as a safe-house and meeting place for al-Qaeda operatives. [Agence France-Presse, 10/23/2003; Associated Press, 10/23/2003] However, despite all these serious allegations, Abdeljalil is deported back to Jordan in early 2004. [Associated Press, 3/1/2004]

Entity Tags: Mohammed Jamal Khalifa, Abu Sayyaf, Mahmoud Afif Abdeljalil, Al-Qaeda

Timeline Tags: Complete 911 Timeline

A portion of the outer door of AT&T’s Folsom Street facility.A portion of the outer door of AT&T’s Folsom Street facility. [Source: Wired News]Senior AT&T technician Mark Klein (see July 7, 2009), newly assigned to the company’s Folsom Street facility in San Francisco, is tasked to work at the seventh floor “Internet room,” where AT&T manages much of its domestic Internet traffic. Klein is intensely curious about the National Security Agency’s “secret room” on the sixth floor (see January 2003). The NSA room has two doors, both labeled “641A,” and is in reality what Klein will later term “a room within a room,” with the outer room filled with ordinary “computer equipment for mundane corporate uses.” He does not know what is in the inner “secret” room. Klein will later write, “While working in the outer room, you could walk around three sides of the secret room, which I measured to be about 24 by 48 feet.” An outer door leads from Room 641A to the 4ESS switchroom, which AT&T uses to manage its long-distance telephone communications. The rooms are connected by “row after row of equipment and a tangle of cabling going up and across the ceiling.” Klein learns that the NSA room is sometimes called “the SIMS room,” an acronym of which no one seems to know the meaning. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 32-34] Klein will later describe his job at the Folsom Street facility as working with the phone switch equipment on the sixth floor, “which handled the public’s telephone calls and was the workhorse of the phone system.… My main assignment was to oversee the Internet room, and that meant keeping it going. If there were any trouble calls, I had to answer them. If there’s any upgrading work to do, I had to either do it or arrange for others to do it in off hours. Just oversee the flow of work in the Internet room and watch things.” He also spends a tremendous amount of time on the seventh floor, “where the Internet room was.… That’s where there are a lot of Cisco routers, a lot of fiber-optic lines coming in and going out.” The Folsom Street facility serves the Bay Area as well as much of Western America. According to Klein: “There’s lots of Internet traffic, as you can imagine, that goes in and out of this office, probably hundreds of fiber-optic lines that go out, carrying billions—that’s billions with a ‘B’—billions of bits of data going in and out every second every day. So all the Web surfing you’re doing, whatever you’re doing on the Internet—the pictures, the video, the Voice over Internet—all that stuff’s going in and out of there. And then of course there’s also the traditional phone switch, which is doing what it’s been doing since before the Internet.… Handling millions and millions of phone calls, right. That’s its job.” [PBS Frontline, 5/15/2007]

Entity Tags: Mark Klein, AT&T, National Security Agency

Timeline Tags: Civil Liberties

Jack Goldsmith succeeds Jay Bybee as the head of the Justice Department’s Office of Legal Counsel (OLC). The OLC essentially performs two functions: advising the executive branch on the legal limits of presidential power, and crafts legal justifications for the actions of the president and the executive branch. Goldsmith, who along with fellow Justice Department counsel and law professor John Yoo, is seen as one of the department’s newest and brightest conservative stars. But instead of aiding the Bush administration in expanding the power of the executive branch, Goldsmith will spend nine tumultuous months battling the White House on issues such as the NSA’s warrantless wiretapping program, the administration’s advocacy of torture in the interrogation of terrorism suspects, and the extralegal detention and military tribunals of “enemy combatants.” Goldsmith will find himself at odds with Yoo, the author of two controversial OLC memos that grant the US government wide latitude in torturing terror suspects (see January 9, 2002 and August 1, 2002), with White House counsel and future attorney general Alberto Gonzales, and with the chief aide to Vice President Dick Cheney, David Addington, who along with Cheney is one of the strongest advocates of the so-called “unitary executive” theory of governance, which says the president has virtually unlimited powers, especially in the areas of national security and foreign policy, and is not always subject to Congressional or judicial oversight. Within hours of Goldsmith’s swearing-in, Goldsmith receives a phone call from Gonzales asking if the Fourth Geneva Convention, which protects civilians in war zones such as Iraq, covers terrorists and insurgents as well. Goldsmith, after intensive review with other lawyers in and out of the Justice Department, concludes that the conventions do indeed apply. Ashcroft concurs. The White House does not. Goldsmith’s deputy, Patrick Philbin, says to Goldsmith as they drive to the White House to meet with Gonzales and Addington, “They’re going to be really mad. They’re not going to understand our decision. They’ve never been told no.” Philbin’s prediction is accurate; Addington is, Goldsmith recalls, “livid.” The physically and intellectually imposing Addington thunders, “The president has already decided that terrorists do not receive Geneva Convention protections. You cannot question his decision.” Addington refuses to accept Goldsmith’s explanations. Months later, an unmollified Addington will tell Goldsmith in an argument about another presidential decision, “If you rule that way, the blood of the hundred thousand people who die in the next attack will be on your hands.” These initial encounters set the tone for Goldsmith’s stormy tenure as head of the OLC. Goldsmith will lead a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith will resign in June of 2004 (see June 17, 2004). [New York Times Magazine, 9/9/2007]

Entity Tags: Richard (“Dick”) Cheney, US Department of Justice, Office of Legal Counsel (DOJ), John C. Yoo, Jack Goldsmith, David S. Addington, Alberto R. Gonzales, National Security Agency, Jay S. Bybee, John Ashcroft, Jeffrey Rosen

Timeline Tags: Civil Liberties

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

On camera, PBS producer Martin Smith asks Iraqi National Congress chief Ahmed Chalabi to produce “documentary evidence of any kind” that proves his contention that Iraq and al-Qaeda have ties (see November 6-8, 2001 and February 5, 2003). Chalabi promises to deliver a document showing “money changing hands between Saddam Hussein’s government and al-Qaeda,” but never produces such a document. [Rich, 2006, pp. 106]

Entity Tags: Ahmed Chalabi, Saddam Hussein, Martin Smith, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion

Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Omar al-Faruq.Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

The CIA’s inspector general, John Helgerson, issues a report on the use of a handgun and power drill to intimidate al-Qaeda leader Abd al-Rahim al-Nashiri during an interrogation. A CIA officer known only as “Albert” threatened al-Nashiri with the gun and drill at a CIA black site in Poland around late 2002 (see Between December 28, 2002 and January 1, 2003). [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file; Associated Press, 9/7/2010] The incidents have already been referred to the Justice Department, which has declined to prosecute (see September 11, 2003). What conclusions Helgerson comes to in the report are unknown. [Central Intelligence Agency, 5/7/2004, pp. 42 pdf file]

Entity Tags: Office of the Inspector General (CIA), Abd al-Rahim al-Nashiri, “Albert”, John Helgerson, Central Intelligence Agency

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

Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body.Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body. [Source: Public domain]Detainee Manadel al-Jamadi, is brought to Abu Ghraib prison by US Navy SEAL Team 7. The Iraqi, captured during a joint Task Force 121/CIA mission, is suspected of having been involved in an attack against the International Committee of the Red Cross (ICRC). [US Department of Defense, 8/23/2004 pdf file] Members of the Navy SEAL team punch and choke Al-Jamadi and stick their fingers in his eyes. A SEAL lieutenant is involved in the abuse. [Associated Press, 1/11/2005] Al-Jamadi resists his arrest, and one SEAL Team member hits him on the head with the butt of a rifle. [US Department of Defense, 8/23/2004 pdf file] MP Spc. Dennis E. Stevanus is on duty when two CIA representatives bring the man to the Hard Site. [US Department of Defense, 8/23/2004 pdf file] Spc. Jason A. Kenner, an MP at Abu Ghraib, will later say the detainee was “in good health” when he was brought in. [Guardian, 5/20/2004] According to Kenner’s later account, the detainee’s head is covered with an empty sandbag. MPs are then ordered to take him to a shower room, and told not to remove the hood, according to Kenner. [Guardian, 5/20/2004] The detainee is then interrogated by CIA and military intelligence personnel. Less than an hour later, the detainee will be found dead (see (7:00 a.m.) November 4, 2003). [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Dennis E. Stevanus, Jason A. Kenner, Manadel al-Jamadi, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

After the 9/11 Commission becomes unhappy with the information it is getting from detainees in US custody who may know something about the 9/11 plot (see Summer 2003), it asks CIA Director George Tenet to let it either talk to the detainees itself, or at least view interrogations through a one-way mirror. [Kean and Hamilton, 2006, pp. 119-126]
Reasoning - Dieter Snell, the head of the Commission’s plot team and a former prosecutor, is extremely keen that the detainees, such as Khalid Shaikh Mohammed and Ramzi bin al-Shibh, be interviewed. According to author Philip Shenon, he is aware that “testimony from key witnesses like the al-Qaeda detainees would have value only if they were questioned in person, with investigators given the chance to test their credibility with follow-up questions. The face-to-face interrogations would be especially important in situations in which the al-Qaeda members were giving conflicting testimony.” [Shenon, 2008, pp. 182]
Request Denied - However, Tenet denies the request because he does not want the Commission to know where the detainees are, and he claims questioning by a Commission staffer could apparently damage the “relationship” between interrogator and detainee and “upset the flow of questioning.” In addition, Tenet is worried that if the Commission has access to the detainees, Zacarias Moussaoui might also be able to compel them to testify in court, so he rejects compromise proposals.
Pushback - The Commission decides “to push the issue” and drafts a letter outlining why they should have direct access. Although the draft is seen by Tenet and Defense Secretary Donald Rumsfeld, it is never officially sent. At a White House meeting attended by Rumsfeld and commissioners Lee Hamilton and Fred Fielding, Tenet and Attorney General Alberto Gonzales repeat the arguments Tenet made previously, but Tenet says the Commission can submit written questions, and a CIA “project manager” will try to get them answered. After the administration “plead[s]” with the Commission not to use public pressure to get access to detainees, the Commission decides to drop the matter.
Relatives and Media Blamed - Hamilton and Commission Chairman Thomas Kean will later partially blame the victims’ relatives and media for this failure: “Interestingly, there was no pressure from some of the usual sources for us to push for access. For instance, the 9/11 families never pressed us to seek access to detainees, and the media was never engaged on this issue.” Kean and Hamilton will later say that the “project manager” arrangement works “to a degree.”
Report Includes Disclaimer - However, a disclaimer will be inserted into the 9/11 Commission Report in the first of two chapters that draw heavily on detainees’ alleged statements (see After January 2004). It will say that the Commission could not fully judge the credibility of detainee information, so, according to Kean and Hamilton, “it [is] left to the reader to consider the credibility of the source—we had no opportunity to do so.” [Kean and Hamilton, 2006, pp. 119-126]
Criticism from Staffer - Commission staffer Ernest May will later criticize the Commission’s “reluctance ever to challenge the CIA’s walling off al-Qaeda detainees.” May will also say: “We never had full confidence in the interrogation reports as historical sources. Often we found more reliable the testimony that had been given in open court by those prosecuted for the East African embassy bombings and other crimes.” [New Republic, 5/23/2005] CIA videotapes and transcripts of interrogations are not provided to the Commission (see Summer 2003-January 2004).

Entity Tags: George J. Tenet, Thomas Kean, Fred F. Fielding, Lee Hamilton, US Department of Defense, Ernest May, Dietrich Snell, 9/11 Commission, Alberto R. Gonzales, Central Intelligence Agency, Donald Rumsfeld

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

Narus logo.Narus logo. [Source: Endace (.com)]Narus, a firm which manufactures telecommunications hardware, co-sponsors a technical conference in McLean, Virginia, titled “Intelligence Support Systems for Lawful Interception and Internet Surveillance.” As AT&T engineer Mark Klein (see July 7, 2009) will later write: “Police officials, FBI and DEA agents, and major telecommunications companies eager to cash in on the ‘war on terror’ had gathered in the hometown of the CIA to discuss their special problems. Among the attendees were AT&T, BellSouth, MCI, Sprint, and Verizon. Narus founder Dr. Ori Cohen gave a keynote speech.” Also speaking at the conference is William Crowley, the former deputy director of the National Security Agency (NSA). Narus is providing some of the key hardware components used in the NSA’s domestic surveillance program (see January 16, 2004). [PBS Frontline, 5/15/2007; Klein, 2009, pp. 39]

Entity Tags: Narus, AT&T, BellSouth, Mark Klein, Ori Cohen, Verizon Wireless, National Security Agency, MCI, Sprint/Nextel, William Crowley

Timeline Tags: Civil Liberties

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 three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - 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, July 2001, and Early 2002).

Entity Tags: US Department of Justice, National Security Agency, New York Times, James B. Comey Jr., Alberto R. Gonzales, Andrew Card, Bush administration (43), George W. Bush, John Ashcroft

Timeline Tags: Civil Liberties

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

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

Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph.Other 9/11 Commission reports are heavily based on detainee interrogations. The red underlines are endnotes based on the interrogation of Abu Zubaida in the 9/11 Commission’s Terrorist Travel Monograph. [Source: Public domain via Wikipedia] (click image to enlarge)Following unsuccessful attempts by the 9/11 Commission to get direct access to high-value detainees on which some sections of its report will be based (see Summer 2003 and November 5, 2003-January 2004), the Commission decides to add a disclaimer to its report at the beginning of Chapter 5, the first of two that describe the development of the 9/11 plot. The disclaimer, entitled “Detainee Interrogation Reports,” reads: “Chapters 5 and 7 rely heavily on information obtained from captured al-Qaeda members. A number of these ‘detainees’ have firsthand knowledge of the 9/11 plot. Assessing the truth of statements by these witnesses—sworn enemies of the United States—is challenging. Our access to them has been limited to the review of intelligence reports based on communications received from the locations where the actual interrogations take place. We submitted questions for use in the interrogations, but had no control over whether, when, or how questions of particular interest would be asked. Nor were we allowed to talk to the interrogators so that we could better judge the credibility of the detainees and clarify ambiguities in the reporting. We were told that our requests might disrupt the sensitive interrogation process. We have nonetheless decided to include information from captured 9/11 conspirators and al-Qaeda members in our report. We have evaluated their statements carefully and have attempted to corroborate them with documents and statements of others. In this report, we indicate where such statements provide the foundation for our narrative. We have been authorized to identify by name only ten detainees whose custody has been confirmed officially by the US government.” [9/11 Commission, 7/24/2004, pp. 146] Most of the endnotes to the report indicate the sources of information contained in the main body of the text. Of the 132 endnotes for Chapter 5, 83 of them cite detainee interrogations as a source of information contained in the report. Of the 192 endnotes for Chapter 7, 89 cite interrogations. [9/11 Commission, 7/24/2004, pp. 488-499, 513-533] The interrogation of 9/11 mastermind Khalid Shaikh Mohammed (KSM) is mentioned as a source 211 times. [9/11 Commission, 7/24/2004] He was repeatedly waterboarded and tortured (see Shortly After February 29 or March 1, 2003) and it will later be reported that up to 90 percent of the information obtained from his interrogations may be unreliable (see August 6, 2007). Interestingly, the 9/11 Commission sometimes seems to prefer KSM’s testimony over other sources. For instance, in 2003 the 9/11 Congressional Inquiry reported that the CIA learned in 1996 that KSM and bin Laden traveled together to a foreign country in 1995, suggesting close ties between them (see 1996). But the 9/11 Commission will ignore this and instead claim, based on KSM’s interrogation, that KSM and bin Laden had no contact between 1989 and late 1996. [US Congress, 7/24/2003; 9/11 Commission, 7/24/2004, pp. 148-148, 489] The interrogations of al-Qaeda leader Khallad bin Attash are used as a source 74 times, 9/11 hijacker associate Ramzi bin al-Shibh, 68 times, al-Qaeda leader Abd al-Rahim al-Nashiri, 14 times, al-Qaeda leader Hambali, 13 times, and and a generic “interrogation[s] of detainee” is used as a source 57 times. [9/11 Commission, 7/24/2004] Most of these detainees are said to be tortured (see May 2002-2003 and Shortly After February 29 or March 1, 2003). Although the CIA videotaped some of the interrogations, it does not pass the videos to the 9/11 Commission (see Summer 2003-January 2004). Slate magazine will later say that these detainees’ accounts are “woven into the commission’s narrative, and nowhere does the 9/11 report delve into interrogation tactics or make any recommendations about the government’s continuing or future practices. That wasn’t the commission’s mandate. Still, one wonders where video evidence—or the knowledge that such evidence was being withheld—might have led it.” [Slate, 12/10/2007]

Entity Tags: Ramzi bin al-Shibh, Khalid Shaikh Mohammed, 9/11 Commission, Abd al-Rahim al-Nashiri, Hambali, Khallad bin Attash

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Michael Scheuer, former head of the CIA’s bin Laden unit, will claim in a 2008 book that in early 2004, the 9/11 Commissioners indicate that they intend to name a junior CIA officer as the only official to be identified for a pre-9/11 failure. However, Scheuer writes: “A group of senior CIA officers… let it be known that if that officer was named, information about the pre-9/11 negligence of several very senior US officials would find its way into the media. The commissioners dropped the issue.” [Scheuer, 2008, pp. 273] The name of the junior officer is not known, but some possibilities include:
bullet Tom Wilshire (referred to as “John” in the final 9/11 Commission report), who withheld information about 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000, May 15, 2001, Mid-May 2001, Mid-May 2001, Late May, 2001, August 22, 2001, and August 24, 2001);
bullet Clark Shannon (“Dave”), one of his associates who also failed to inform the FBI about Almihdhar and Alhazmi (see June 11, 2001);
bullet Richard Blee (“Richard”), Wilshire’s boss, who apparently failed to pass on information about Almihdhar to his superiors (see August 22-September 10, 2001).
The names of the CIA officers who threaten the Commission are not known, nor are the details of the alleged negligence by the senior officials.

Entity Tags: Tom Wilshire, Clark Shannon, Central Intelligence Agency, 9/11 Commission, Michael Scheuer, Richard Blee

Timeline Tags: Complete 911 Timeline

Two FBI agents, Doug Miller and Mark Rossini, falsely claim they have no memory of the blocking of a key cable about 9/11 hijacker Khalid Almihdhar in an interview with the Justice Department’s office of inspector general. Miller drafted the cable, which was to inform the FBI that Almihdhar had a US visa, while he and Rossini were on loan to Alec Station, the CIA’s bin Laden unit. However, it was blocked by the unit’s deputy chief, Tom Wilshire, and another CIA officer known only as “Michael” (see 9:30 a.m. - 4:00 p.m. January 5, 2000). Miller and Rossini remember the events, but falsely tell the Justice Department inspector general they cannot recall them.
Pressure Not to Disclose Information - Sources close to the inspector general’s probe will say, “There was pressure on people not to disclose what really happened.” Rossini, in particular, is said to feel threatened that the CIA would have him prosecuted for violating the Intelligence Identities Protection Act if he said what really happened inside Alec Station. They are questioned at the same time, and together with a CIA officer who will be described as “sympathetic,” although it is unclear why. CIA officials are also in the room during the questioning, although it is unclear why this is allowed. When they are shown contemporary documents, according to the Congressional Quarterly, “the FBI agents suddenly couldn’t remember details about who said what, or who reported what, to whom, about the presence of two al-Qaeda agents in the US prior to the 9/11 attacks.” The inspector general investigators are suspicious. [Congressional Quarterly, 10/1/2008]
'They Asserted that They Recalled Nothing' - Nevertheless, neither Rossini nor Miller are severely criticized by the inspector general’s final report. It simply notes: “When we interviewed all of the individuals involved about the [cable] they asserted that they recalled nothing about it. [Miller] told the [inspector general] that he did not recall being aware of the information about Almihdhar, did not recall drafting the [cable], did not recall whether he drafted the [cable] on his own initiative or at the direction of his supervisor, and did not recall any discussions about the reasons for delaying completion and dissemination of the [cable]. [Rossini] said he did not recall reviewing any of the cable traffic or any information regarding Alhazmi and Almihdhar. Eric [a senior FBI agent on loan to Alec Station] told the [inspector general] that he did not recall the [cable].” [US Department of Justice, 11/2004, pp. 241, 355-357 pdf file]
Later Admit What Really Happened - At some point, Miller and Rossini tell an internal FBI investigation what really happened, including Wilshire’s order to withhold the information from the FBI. However, very little is known about this probe (see After September 11, 2001). [Congressional Quarterly, 10/1/2008] Rossini will be interviewed for a 2006 book by Lawrence Wright and will recall some of the circumstances of the blocking of the cable, including that a CIA officer told Miller, “This is not a matter for the FBI.” [Wright, 2006, pp. 311, 423] Both Miller and Rossini will later talk to author James Bamford about the incident for a 2008 book. [Congressional Quarterly, 10/1/2008] The exact date of this interview of Miller and Rossini is unknown. However, an endnote to the 9/11 Commission Report will say that Miller is interviewed by the inspector general on February 12, 2004, so it may occur on this day. [9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Office of the Inspector General (DOJ), Mark Rossini, Federal Bureau of Investigation, Central Intelligence Agency, Tom Wilshire, Alec Station, Doug Miller, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Paul Butler, chief of staff for Defense Secretary Rumsfeld, claims in a briefing that the prisoners being held in Guantanamo are “very dangerous people” who include “senior al-Qaeda operatives and leaders and Taliban leaders.” However, the New York Times will later report that “several senior officials with detailed knowledge of the Guantanamo detainees described Mr. Butler’s portrait of the camp as a work of verbal embroidery, saying none of the detainees at the camp could possibly be called a leader or senior operative of al-Qaeda.” [New York Times, 6/21/2004] Probably the closest to an al-Qaeda leader being held is one of bin Laden’s former bodyguards who nonetheless will be released later in 2004 (see Late November 2001). There were media reports as far back as August 2002 that no al-Qaeda leaders were being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Paul Butler

Timeline Tags: Torture of US Captives

Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) tells US interrogators that Abdul Hakim Murad, along with KSM a key conspirator in the Bojinka plot, only had a small role in the operation, according to the 9/11 Commission. The Commission will cite four intelligence reports, drafted on February 19 (two), February 24, and April 2, 2004, as the source of this claim. According to KSM, Murad’s only role in the plot was to courier $3,000 from Dubai to Manila. However, other evidence indicates Murad was much more significantly involved in the plot (see Before January 6, 1995 and January 6, 1995). The Commission will comment, “This aspect of KSM’s account is not credible, as it conflicts not just with Murad’s own confession [note: this may be unreliable as Murad was tortured (see After January 6, 1995)] but also with physical evidence tying Murad to the very core of the plot, and with KSM’s own statements elsewhere that Murad was involved in planning and executing the operation.” [9/11 Commission, 7/24/2004, pp. 489]

Entity Tags: Khalid Shaikh Mohammed, Abdul Hakim Murad, 9/11 Commission, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Thomas Tamm.Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]

Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

Lawyers meet with accused al-Qaeda terrorist Jose Padilla (see September-October 2000 and May 8, 2002) for the first time. [Associated Press, 6/2004]

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

March 8, 2004: Court Denies Al-Marri Appeal

A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Vice President Dick Cheney gives the Congressional leaders known as the “Gang of Eight”—the House speaker and House minority leader, the Senate majority and minority leaders, and the ranking members of the House and Senate intelligence committees—their first briefing on the NSA’s warrantless wiretapping program (see Early 2002). The Democratic leaders at the meeting are House Minority Leader Nancy Pelosi (D-CA), Senate Minority Leader Tom Daschle (D-SD), House Intelligence Committee ranking member Jane Harman (D-CA), and Senate Intelligence Committee ranking member John D. Rockefeller (D-WV). Daschle (D-SD) later recalls the meeting as superficial. Cheney “talked like it was something routine,” Daschle will say. “We really had no idea what it was about.” Unbeknownst to many of the Congressional leaders, White House and Justice Department leaders are locked in a sharp dispute over whether or not the program is legal and should be continued; Cheney is preparing to send White House counsel Alberto Gonzales and chief of staff Andrew Card to Attorney General John Ashcroft’s hospital room to persuade the gravely ill, heavily sedated Ashcroft to overrule acting Attorney General James Comey and reauthorize the program (see March 10-12, 2004). The briefing is designed to give the appearance of Congressional approval for the program. While most Republicans in the briefing give at least tacit approval of the program, some Democrats, as Daschle will recall, expressed “a lot of concerns” over the program’s apparent violation of fundamental Congressional rights. Pelosi later recalls that she “made clear my disagreement with what the White House was asking.” But administration officials such as Gonzales will later say (see July 24, 2007) that the eight Congressional leaders are in “consensus” in supporting the program, a characterization that is patently false (see July 25, 2007). Gonzales will also later testify that today’s briefing does not cover the NSA wiretapping program, later dubbed the “Terrorist Surveillance Program” (TSP), another apparent falsehood contradicted by Democratic senators such as Rockefeller and Russ Feingold, as well as testimony and notes on the hospital room visit made by FBI Director Robert Mueller and a memo from John Negroponte, the director of national intelligence. Many feel that Gonzales is using the moniker “Terrorist Surveillance Program,” not in use until December 2005, to play what reporter Michael Isikoff calls “verbal parsing” and “a semantic game”—since the NSA wiretapping program is not known by this name at the time of the Congressional briefing, Gonzales will imply that the briefing wasn’t about that program. [Newsweek, 8/6/2007; Klein, 2009, pp. 88]
Cheney, Gonzales: Democrats on Board with Illegal Program - In Angler: The Cheney Vice Presidency, a 2008 book by Washington Post reporter Barton Gellman, Gonzales will claim there is a “consensus in the room” among Democrats and Republicans alike, and according to Gellman’s reporting on Gonzales, “four Democrats and four Republicans, duly informed that the Justice Department had ruled something unlawful, said the White House should do it anyway.” Cheney will confirm this allegation during a December 2008 appearance on Fox News. [Klein, 2009, pp. 88]
Domestic Surveillance Began before 9/11? - Cheney fails to inform the lawmakers that the wiretapping program may have begun well before the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: Richard (“Dick”) Cheney, National Security Agency, Robert S. Mueller III, Terrorist Surveillance Program, Tom Daschle, US Department of Justice, Russell D. Feingold, Nancy Pelosi, John Negroponte, John D. Rockefeller, Alberto R. Gonzales, Andrew Card, Michael Isikoff, Bush administration (43), Jane Harman, James B. Comey Jr., “Gang of Eight”, John Ashcroft

Timeline Tags: Civil Liberties

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