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Context of '1975: FEC Expands Corporations’ Abilities to Solicit Funds for Political Purposes'

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A team of centrifuge physicists at the US Department of Energy’s Oak Ridge National Laboratory and other similar institutions publish a detailed Technical Intelligence Note concerning the aluminum tubes that Iraq recently attempted to import from China (see July 2001). [Washington Post, 8/10/2003; Australian Broadcasting Corporation, 10/27/2003; New York Times, 10/3/2004] The team includes Dr. Jon A. Kreykes, head of Oak Ridge’s national security advanced technology group; Dr. Duane F. Starr, an expert on nuclear proliferation threats; and Dr. Edward Von Halle, a retired Oak Ridge nuclear expert. They are advised by Dr. Houston G. Wood III, a retired Oak Ridge physicist considered to be “among the most eminent living experts” on centrifuges, and Dr. Gernot Zippe, one of the German scientists who developed an early uranium centrifuge in the 1950s (see 1950s). The 8-page report, titled “Iraq’s Gas Centrifuge Program: Is Reconstitution Underway?” provides a detailed explanation of why the team believes the 7075-T6 aluminum tubes sought by Iraq were not intended for use in a gas centrifuge. [US Congress, 7/7/2004; New York Times, 10/3/2004]
bullet The tubes sought by Iraq are very different from tubes Iraq used previously in its centrifuge prototypes before the first Gulf War. The intercepted aluminum tubes are significantly longer and narrower. [Washington Post, 8/10/2003; New York Times, 10/3/2004]
bullet Aluminum has not been used in gas centrifuges since the 1950s (see After the 1950s). Furthermore, Iraq is known to have had the blueprints for a more efficient centrifuge, which used maraging steel and carbon fiber, not aluminum (see (Late 1980s)). [Washington Post, 8/10/2003] Aluminum “provides performance roughly half that of” maraging steel and carbon fiber composites. Constructing rotors from 7075-T6 aluminum would require the Iraqis to make twice as many rotors, as well as twice as many other centrifuge components, such as end caps, bearings, and outer casings. [US Congress, 7/7/2004] “Aluminum would represent a huge step backwards,” according to Wood. [New York Times, 10/3/2004]
bullet There are no known centrifuge machines “deployed in a production environment” that use tubes with such a small diameter. [New York Times, 10/3/2004] Using tubes of this diameter, would have created “various design and operational problems that veteran engineers of Iraq’s prior program should readily understand.” [US Congress, 7/7/2004]
bullet The report says that the “various tolerances specified in contract documents… are looser than the expected precision call-outs for an aluminum rotor tube by factors of two to five.” [US Congress, 7/7/2004]
bullet The tubes’ walls, measuring 3.3 millimeters, are three times too thick for “favorable use” in a “Zippe-type” centrifuge, which requires tubes with a thickness of no more than 1.1 millimeter. [Washington Post, 8/10/2003; New York Times, 10/3/2004]
bullet The tubes are anodized, which is “not consistent” with a uranium centrifuge because the anodized coating can react with uranium gas. [US Congress, 7/7/2004; New York Times, 10/3/2004] Houston G. Wood later tells the Washington Post in mid-2003 that “it would have been extremely difficult to make these tubes into centrifuges,” adding that such a theory stretched “the imagination to come up with a way.” [Washington Post, 8/10/2003] The scientists conclude that using the tubes in centrifuges “is credible but unlikely, and a rocket production is the much more likely end use for these tubes.” [New York Times, 10/3/2004] They also note that the Iraqis previously declared to the International Atomic Energy Agency (IAEA) that since at least 1989, Iraq’s Nasser State Establishment had used large numbers of high strength aluminum tubes to manufacture 81-mm rockets. “The tubes were declared to be made of 7075-T6 aluminum with an 81 mm outer diameter, 74.4 mm inner diameter, and 900 mm length—the same specifications of the tubes Iraq was trying to acquire in 2001,” a later Senate Intelligence report will say summarizing the nuclear scientists’ report. The scientists also say that IAEA inspectors had seen these tubes stored in various locations at the Nasser site. [US Congress, 7/7/2004]

Entity Tags: Edward Von Halle, Duane F. Starr, Jon A. Kreykes, Gernot Zippe, Houston G. Wood III, Joe Turner, George J. Tenet

Timeline Tags: Events Leading to Iraq Invasion

Conservative pundit and author David Horowitz labels the entire United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance as itself “racist.” Horowitz, in an appearance on Fox News’s Hannity and Colmes, refers to the conference, about to be held in Durban, South Africa, as being “run by Arab and African states… all of them, to a, to a state, practically, maybe there’s one that’s not a dictatorship, it’s racist.” He applauds the Bush administration’s decision not to send a senior representative to the conference. [Media Matters, 12/1/2004]

Entity Tags: Bush administration (43), United Nations World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, David Horowitz

Timeline Tags: Domestic Propaganda

The FBI conducts a training exercise based on the scenario of an aircraft hijacking at Washington Dulles International Airport, the airport from which American Airlines Flight 77—the third plane to be hijacked—will take off on 9/11 (see (8:20 a.m.) September 11, 2001). The FBI exercise is based around a “traditional” hijacking that involves hostages being taken by the hijackers, according to Dana Pitts, an airport operations manager for the Metropolitan Washington Airports Authority. Members of the Dulles Airport staff provide some “operational support” during the exercise. Further details, including the date when the exercise is held, are unstated. [9/11 Commission, 10/16/2003 pdf file] The FBI is the agency that has jurisdiction if a hijacking or hostage-taking incident occurs on an aircraft that is still on the ground. [Metropolitan Washington Airports Authority, 5/6/2000 pdf file; NPR, 9/20/2001]

Entity Tags: Washington Dulles International Airport, Dana Pitts, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the months leading up to the war with Iraq, Bush administration officials manipulate the intelligence provided to them by analysts in order to drum up support for the invasion. Some analysts complain that they are under pressure to write assessments that support the administration’s case for invading Iraq. On March 7, 2002, Knight Ridder reports that various military officials, intelligence employees, and diplomats in the Bush administration have charged “that the administration squelches dissenting views and that intelligence analysts are under intense pressure to produce reports supporting the White House’s argument that Hussein poses such an immediate threat to the United States that preemptive military action is necessary.” [Knight Ridder, 10/7/2002]

Entity Tags: Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

An image from a Dulles Airport surveillance video.An image from a Dulles Airport surveillance video. [Source: FBI]Security cameras at Washington’s Dulles International Airport capture the alleged hijackers of Flight 77 checking in at the airport and passing through a security screening checkpoint. [Federal Bureau of Investigation, 9/19/2001; 9/11 Commission, 4/6/2004 pdf file] A surveillance camera located above the British Airways ticket counter points toward the American Airlines ticket counter, and therefore records alleged hijackers Nawaf Alhazmi and Salem Alhazmi when they check in at the airport (see 7:29 a.m. September 11, 2001). [Federal Bureau of Investigation, 9/25/2001] Another surveillance camera located by the British Airways ticket counter also points toward the American Airlines ticket counter, and records alleged hijackers Khalid Almihdhar and Majed Moqed when they check in (see 7:15 a.m. September 11, 2001). [Federal Bureau of Investigation, 9/19/2001; Federal Bureau of Investigation, 9/19/2001] All five of the alleged hijackers of Flight 77 are recorded on video as they go through a security checkpoint at the airport (see 7:18 a.m. September 11, 2001, (Shortly Before 7:35 a.m.) September 11, 2001, and 7:36 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 3; 9/11 Commission, 8/26/2004, pp. 27] Dulles Airport is the only one of the three airports used by the hijackers this morning that has videotaping equipment in use at its security checkpoints. Consequently, William Johnstone, a member of the 9/11 Commission staff, will later note, “the most specific information that exists about the processing of the 9/11 hijackers is information about American Airlines Flight 77,” which will take off from Dulles Airport this morning (see (8:20 a.m.) September 11, 2001). [9/11 Commission, 1/27/2004] In 2004, news organizations will receive a copy of a surveillance video apparently showing the alleged hijackers passing through a security checkpoint at Dulles Airport before boarding Flight 77. The Associated Press will describe the video as “grainy” and report that details are “difficult to distinguish.” It will note that “[n]o knives or other sharp objects are visible” on the video. [Associated Press, 7/22/2004]

Entity Tags: Nawaf Alhazmi, R. William Johnstone, Khalid Almihdhar, Salem Alhazmi, Majed Moqed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Flight 77 departs Dulles International Airport near Washington, ten minutes after its 8:10 scheduled departure time. [Washington Post, 9/12/2001; CNN, 9/17/2001; Guardian, 10/17/2001; Associated Press, 8/21/2002; 9/11 Commission, 6/17/2004]

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to a statement by two high-level FAA officials, “Within minutes after the first aircraft hit the World Trade Center, the FAA immediately established several phone bridges [i.e., telephone conference calls] that included FAA field facilities, the FAA command center, FAA headquarters, [Defense Department], the Secret Service, and other government agencies.” The FAA shares “real-time information on the phone bridges about the unfolding events, including information about loss of communication with aircraft, loss of transponder signals, unauthorized changes in course, and other actions being taken by all the flights of interest, including Flight 77. Other parties on the phone bridges in turn shared information about actions they were taken.” The statement says, “The US Air Force liaison to the FAA immediately joined the FAA headquarters phone bridge and established contact with NORAD on a separate line.” [9/11 Commission, 5/23/2003] Another account says the phone bridges are “quickly established” by the Air Traffic Services Cell (ATSC). This is a small office at the FAA’s Herndon Command Center, which is staffed by three military officers at the time of the attacks (see (Between 9:04 a.m. and 9:25 a.m.) September 11, 2001). It serves as the center’s liaison with the military. According to Aviation Week and Space Technology, the phone bridges link “key players, such as NORAD’s command center, area defense sectors, key FAA personnel, airline operations, and the NMCC.” [Aviation Week and Space Technology, 6/10/2002; 9/11 Commission, 6/17/2004] According to an FAA transcript of employee conversations on 9/11, one of the phone bridges, between the FAA Command Center, the operations center at FAA headquarters, and air traffic control centers in Boston and New York, begins before Flight 11 hits the World Trade Center at 8:46 (see 8:46 a.m. September 11, 2001). [Federal Aviation Administration, 10/14/2003, pp. 3-10 pdf file] If these accounts are correct, it means someone at NORAD should learn about Flight 77 when it deviates from its course (see (8:54 a.m.) September 11, 2001). However, the 9/11 Commission will later claim that the FAA teleconference is established about 30 minutes later (see (9:20 a.m.) September 11, 2001). The Air Force liaison to the FAA will claim she only joins it after the Pentagon is hit (see (Shortly After 9:37 a.m.) September 11, 2001).

Entity Tags: US Secret Service, Federal Aviation Administration, Air Traffic Services Cell, US Department of Defense

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Charles Burlingame.Charles Burlingame. [Source: Family photo / Associated Press]The 9/11 Commission says the hijacking of Flight 77 takes place between 8:51 a.m., when the plane transmits its last routine radio communication (see 8:51 a.m. September 11, 2001), and 8:54 a.m., when it deviates from its assigned course (see (8:54 a.m.) September 11, 2001). Based on phone calls made from the plane by flight attendant Renee May (see (9:12 a.m.) September 11, 2001) and passenger Barbara Olson (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001), the commission concludes that the hijackers “initiated and sustained their command of the aircraft using knives and box cutters… and moved all of the passengers (and possibly crew) to the rear of the aircraft.” It adds, “Neither of the firsthand accounts to come from Flight 77… mentioned any actual use of violence (e.g., stabbings) or the threat or use of either a bomb or Mace.” [9/11 Commission, 7/24/2004, pp. 8-9; 9/11 Commission, 8/26/2004, pp. 29] People who knew Charles Burlingame, the pilot of Flight 77, will later contend that it would have required a difficult struggle for the hijackers to gain control of the plane from him. [Washington Post, 9/11/2002] Burlingame was a military man who’d flown Navy jets for eight years, served several tours at the Navy’s elite Top Gun school, and been in the Naval Reserve for 17 years. [Associated Press, 12/6/2001] His sister, Debra Burlingame, says, “This was a guy that’s been through SERE [Survival Evasion Resistance Escape] school in the Navy and had very tough psychological and physical preparation.” [Journal News (Westchester), 12/30/2003] Admiral Timothy Keating, who was a classmate of Burlingame’s from the Navy and a flight school friend, says, “I was in a plebe summer boxing match with Chick, and he pounded me.… Chick was really tough, and the terrorists had to perform some inhumane act to get him out of that cockpit, I guarantee you.” [CNN, 5/16/2006] Yet the five alleged hijackers do not appear to have been the kinds of people that would be a particularly dangerous opponent. Pilot Hani Hanjour was skinny and barely over 5 feet tall. [Washington Post, 10/15/2001] And according to the 9/11 Commission, the “so-called muscle hijackers actually were not physically imposing,” with the majority of them being between 5 feet 5 and 5 feet 7 in height, “and slender in build.” [9/11 Commission, 6/16/2004] Senator John Warner (R-VA) later says “the examination of his remains… indicated Captain Burlingame was in a struggle and died before the crash, doing his best to save lives on the aircraft and on the ground.” [Washington Post, 12/8/2001]

Entity Tags: Hani Hanjour, John W. Warner, Charles Burlingame

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Flight 77 from Washington begins to go off course over southern Ohio, turning to the southwest. [Washington Post, 9/12/2001; Newsday, 9/23/2001; 9/11 Commission, 6/17/2004]

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Olson, a passenger on Flight 77, possibly calls the law firm her husband, Solicitor General Ted Olson, used to work for and leaves messages on his voicemail there. [Federal Bureau of Investigation, 9/13/2001] Barbara Olson calls Ted Olson at his office at the Department of Justice in Washington, DC, two times this morning and, in the calls, says her plane has been hijacked and gives details of the hijacking (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001 and (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). [CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9] It is possible that she also tries leaving information about the hijacking for her husband by calling his number at the firm he worked for before becoming solicitor general. An FBI document will later state that on September 13, two days after he was interviewed by the FBI about his wife’s calls from Flight 77, Ted Olson talked over the phone with the FBI and “advised he had new messages on his voicemail at his old law firm.” During the conversation, the document will state, he said that “his old secretary would provide access to these calls to the FBI.” The document will make no mention of the contents of the voicemail messages or state the times at which they were recorded. [Federal Bureau of Investigation, 9/13/2001] Olson’s old law firm is Gibson, Dunn & Crutcher. Before taking over as solicitor general in June this year, Olson worked in the firm’s Washington office. [US Department of Justice, 6/24/2004] There will be no mention of any calls to Ted Olson’s old law firm in a list supposedly showing all of the calls made from Flight 77 today that the Department of Justice will provide to the 9/11 Commission. The list will include four “connected calls to unknown numbers,” which, according to the 9/11 Commission Report, include the two calls Barbara Olson made to Ted Olson at his office at the Department of Justice. The FBI and the Department of Justice will in fact determine that all four calls were communications between Barbara Olson and her husband’s office. The 9/11 Commission will note, though, that there is no “direct evidence” showing this. [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455]

Entity Tags: Theodore (“Ted”) Olson, Gibson, Dunn & Crutcher, Barbara Olson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Karl Rove, Andrew Card, and Dan Bartlett.
Karl Rove, Andrew Card, and Dan Bartlett. [Source: White House, US Office Pristina, Kosovo, White House]President Bush is told that a plane has crashed into the World Trade Center for the first time by Karl Rove, his senior adviser, according to some accounts, although other accounts will state that he is first alerted to the crash by another member of his staff. Bush has just arrived at the Emma E. Booker Elementary School in Sarasota, Florida, where he is going to attend a children’s reading event (see (8:55 a.m.) September 11, 2001). [Sammon, 2002, pp. 41-42; Bush, 2010, pp. 126; Rove, 2010, pp. 249-250; Priess, 2016, pp. 240; Politico Magazine, 9/9/2016]
Rove Tells Bush about the Crash - During the drive to the school, several members of his staff were informed about the crash at the WTC (see (Between 8:48 a.m. and 8:55 a.m.) September 11, 2001). [White House, 8/12/2002; Dayton Daily News, 8/17/2003] Rove received a call alerting him to what had happened as he was arriving at the school (see (8:55 a.m.) September 11, 2001). He will later recall that he then walks over to Bush, who is “with Secretary of Education Rod Paige, shaking hands with staff and teachers outside the school,” and tells him about the crash. [New Yorker, 9/25/2001; Rove, 2010, pp. 249-250; Politico Magazine, 9/9/2016] White House press secretary Ari Fleischer, who arrived at the school around the time the president did, will give a similar account, writing that while Bush is shaking “hands with the teachers and staff who had lined up to greet him,” Rove “stepped beside the president and told him about the plane” hitting the WTC. [Fleischer, 2005, pp. 138-139]
Bush Thinks the Crash Was 'a Terrible Accident' - Rove tells Bush the crash appears to have been an accident involving a small, twin-engine plane. [Washington Post, 1/27/2002] Bush nods his head, gives “a quizzical look,” and says, “Get more details,” Rove will describe. [Rove, 2010, pp. 250] The president’s initial thoughts in response to the news are: “How could the [pilot] have gotten so off course to hit the towers? What a terrible accident that is.” [Sammon, 2002, pp. 42; Washington Times, 10/7/2002] He says: “This is pilot error. It’s unbelievable that somebody would do this.” He confers with Andrew Card, his chief of staff, and says the plane’s pilot “must have had a heart attack.” [Washington Post, 1/27/2002]
Someone Else First Gives Bush the News, Other Accounts Will State - Rove will claim that he “was the first to tell [Bush] the news” about the crash. [Rove, 2010, pp. 250] However, according to other accounts, Bush is first told about the crash by some other member of the White House staff. For example, Navy Captain Deborah Loewer, director of the White House Situation Room, will say she was the first person to inform Bush about it, running up to his limousine and giving him the news as soon as he arrived at the school (see (8:55 a.m.) September 11, 2001). [Associated Press, 11/26/2001; Dayton Daily News, 8/17/2003; Priess, 2016, pp. 240] And in 2002, Bush will tell journalist and author Bill Sammon that he was first told about the crash by Card. He will say that as he was heading into the school, while Blake Gottesman, his personal aide, was giving him some final instructions in preparation for the reading event, Card said to him, “By the way, an aircraft flew into the World Trade Center.” [Sammon, 2002, pp. 41-42; Washington Times, 10/7/2002] But on other occasions, Bush will state that he was first told about the crash by Rove. [Washington Post, 1/27/2002; Bush, 2010, pp. 126] Bush is also told about the crash, after he arrives at the school, by Dan Bartlett, his communications director, according to some accounts. In response to the news, Bartlett will say, Bush asks, “Was it bad weather [that caused the crash]?” [White House, 8/12/2002; Draper, 2007, pp. 135] After learning about the crash, Bush will go to a classroom from where he will talk on the phone with National Security Adviser Condoleezza Rice, who is at the White House, and discuss what has happened with her (see (Shortly Before 9:00 a.m.) September 11, 2001). [Washington Times, 10/7/2002; Bush, 2010, pp. 126-127]

Entity Tags: Deborah Loewer, Ari Fleischer, Blake Gottesman, Dan Bartlett, Andrew Card, George W. Bush, Karl C. Rove, Rod Paige

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Lori Keyton, a secretary in the office of Solicitor General Ted Olson at the Department of Justice, receives a number of unsuccessful calls, which presumably are made by Barbara Olson, the wife of the solicitor general, who is a passenger on Flight 77. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 94] Flight 77 was hijacked between around 8:51 a.m. and 8:54 a.m., according to the 9/11 Commission Report (see 8:51 a.m.-8:54 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8] At about 9:00 a.m., Keyton receives a series of around six to eight collect calls. Her phone has no caller identification feature, so the caller is unknown. All of the calls are automated and, in them, a recorded voice advises of the collect call and requests that Keyton hold for an operator. A short time later, another recording states that all operators are busy and so the person should please hang up and try their call later. After the last of these automated calls occurs, Keyton will answer a call from a live operator, connecting Barbara Olson to her husband’s office (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). She will answer a second call from Barbara Olson that is made directly to the office a few minutes later (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). Keyton will immediately put Barbara Olson through to her husband after answering both of these calls. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 94] A list compiled by the Department of Justice supposedly showing all of the calls made today from Flight 77 will apparently make no mention of the failed calls that Keyton answers. It will mention four calls from an unknown number, which are believed to include the two successful calls made by Barbara Olson. It will also include one call—not six to eight—that is described as being made by Barbara Olson to Ted Olson’s office, which failed to connect, but this is made just before 9:19 a.m. rather than around 9:00 a.m., when the failed calls received by Keyton reportedly occur (see 9:15 a.m.-9:30 a.m. September 11, 2001). [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455]

Entity Tags: Barbara Olson, Lori Lynn Keyton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An air traffic controller at the FAA’s Indianapolis Center contacts the American Airlines dispatch office in Texas, and informs dispatcher Jim McDonnell that the center is unable to make contact with Flight 77 and does not know the location of this aircraft. The same controller called American Airlines and spoke with McDonnell four minutes earlier, reporting that radio contact had been lost with Flight 77 (see 8:58 a.m. September 11, 2001). McDonnell now says he has tried contacting Flight 77 but did not get a reply back. The controller then tells him: “We, uh, we lost track control of the guy. He’s in coast track but we haven’t, we don’t [know] where his target is and we can’t get a hold of him. Um, you guys tried him and no response?” McDonnell confirms, “No response.” The controller continues: “Yeah, we have no radar contact and, uh, no communications with him. So if you guys could try again.” McDonnell replies, “We’re doing it.” [New York Times, 10/16/2001; 9/11 Commission, 8/26/2004, pp. 30] Flight 77 made its last radio communication with controllers at 8:51 (see 8:51 a.m. September 11, 2001), and deviated from its assigned course at 8:54 (see (8:54 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8-9]

Entity Tags: American Airlines, Indianapolis Air Route Traffic Control Center, Jim McDonnell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to CIA Director George Tenet, “Only minutes” after the South Tower is hit, the CIA’s Counterterrorist Center (CTC) receives a report that at least one other commercial passenger jet plane is unaccounted for. [Tenet, 2007, pp. 163] The CTC is based at the CIA headquarters in Langley, and is run by the agency’s operations division. It gathers intelligence and runs covert operations abroad. It employs hundreds of analysts, and includes experts assigned from Defense Department intelligence agencies, the Pentagon’s Central Command, the FBI, the National Security Agency, the Federal Aviation Administration, and other government agencies. According to the Los Angeles Times, “It serves as the nerve center for the CIA’s effort to disrupt and deter terrorist groups and their state sponsors.” [St. Petersburg Times, 10/2/2001; Los Angeles Times, 10/12/2001] Further details of the unaccounted-for plane, and where the CTC learns of it from, are unclear. The plane is presumably Flight 77, which veered off course at 8:54 (see (8:54 a.m.) September 11, 2001), and was evidently lost by 8:56 (see 8:56 a.m. September 11, 2001). [New York Times, 10/16/2001; 9/11 Commission, 7/24/2004, pp. 9] The FAA will later claim it had established several phone bridges at around 8:50 a.m., which included various government agencies, on which it shared “real-time information… about the unfolding events, including information about loss of communication with aircraft, loss of transponder signals, unauthorized changes in course, and other actions being taken by all the flights of interest, including Flight 77” (see (8:50 a.m.) September 11, 2001). [9/11 Commission, 5/23/2003] So the CTC may have learned of the errant plane by this means. Yet the 9/11 Commission will claim the FAA’s phone bridges were not established until about 9:20 (see (9:20 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 36] And NORAD is supposedly only alerted to Flight 77 at 9:24, according to some accounts (see (9:24 a.m.) September 11, 2001), or 9:34, according to others (see 9:34 a.m. September 11, 2001).

Entity Tags: Central Intelligence Agency, Counterterrorist Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Andrew Card speaks to President Bush and tells him of the second World Trade Center crash.Andrew Card speaks to President Bush and tells him of the second World Trade Center crash. [Source: Agence France-Presse]Andrew Card, President Bush’s chief of staff, enters the classroom where Bush is participating in a reading demonstration, and tells him about the second crash at the World Trade Center and that America is under attack. [ABC News, 9/11/2002; NBC News, 9/10/2009; BBC, 9/9/2011] Bush learned about the first hijacked plane crashing into the WTC when he arrived at the Emma E. Booker Elementary School in Sarasota, Florida, shortly before 9:00 a.m. (see (8:55 a.m.) September 11, 2001 and (Shortly After 8:55 a.m.) September 11, 2001). [Associated Press, 11/26/2001; Rove, 2010, pp. 249-250] He decided, though, to continue with the scheduled event at the school (see (9:00 a.m.) September 11, 2001). [Associated Press, 8/25/2002] Card was told about the second crash at the WTC by Deborah Loewer, director of the White House Situation Room, while he was in the “staff hold,” a room adjacent to the classroom where the reading demonstration is taking place (see Shortly After 9:03 a.m. September 11, 2001). [Dayton Daily News, 3/16/2013; Priess, 2016, pp. 240-241] He decided that he needed to tell the president what had happened and went to pass on the news to Bush. [NBC News, 9/10/2009; BBC, 9/9/2011]
Bush Is Told, 'America Is under Attack' - In the classroom, the children have just finished a spelling and pronunciation drill, and are reaching for their textbooks for the second part of the reading demonstration. Card, who was waiting at the door, takes advantage of the lull. He walks across the room toward Bush, leans down, and whispers in the president’s ear: “A second plane hit the second tower. America is under attack.” He then takes a couple of steps back so the president is unable to ask him any questions. [Washington Times, 10/7/2002; Wall Street Journal, 3/22/2004 pdf file; Bohn, 2015, pp. 214; Politico Magazine, 9/9/2016] “There was no time for discussion or anything,” Bush will later comment. Card then takes up a position at the side of the room, next to Florida Lieutenant Governor Frank Brogan. [Sammon, 2002, pp. 83-84] Card will explain why he gives such a brief message to Bush about the second crash, saying: “I knew that this was not the place to stand and have a conversation with the president. I just wanted to convey the situation to the president in stark reality and inviting him, then, to find the best chance to excuse himself from the classroom.” [White House, 8/12/2002]
Bush Feels 'Outrage' but Continues with the Event - Bush will recall how he feels after hearing Card’s message, writing: “My first reaction was outrage. Someone had dared attack America. They were going to pay.” [Bush, 2010, pp. 127] “An expression of grim sobriety spread across the president’s face” after Card speaks to him, journalist and author Bill Sammon will describe. “He raised his chin and nodded almost imperceptibly to signal that he got the message. His eyes darted nervously around the room, as if he didn’t know quite where to focus them.” [Sammon, 2002, pp. 84] However, even though it is now clear that America is under attack, the Secret Service takes no action to get Bush out of the classroom. “[N]o agents were there to surround the president and remove him instantly,” author Philip Melanson will note. [Melanson, 2005, pp. 330-331] Instead, perhaps 15 or 30 seconds after Card speaks to him, Bush picks up his copy of the textbook and continues listening to the children reading. [Tampa Tribune, 9/1/2002]
Bush Will Be Criticized for Continuing with the Event - Intelligence expert and author James Bamford will criticize Bush for his lack of response to Card’s devastating information, writing: “[H]aving just been told that the country was under attack, the commander in chief appeared uninterested in further details. He never asked if there had been any additional threats, where the attacks were coming from, how to best protect the country from further attacks, or what was the current status of NORAD or the Federal Emergency Management Agency. Nor did he call for an immediate return to Washington. Instead, in the middle of a modern-day Pearl Harbor, he simply turned back to the matter at hand: the day’s photo op.” [Bamford, 2002, pp. 633] Bush, though, will explain his lack of response to the 9/11 Commission, telling it that “his instinct was to project calm, not to have the country see an excited reaction at a moment of crisis.” He will say that he “felt he should project strength and calm until he could better understand what was happening.”
Bush Remains in the Classroom for Several More Minutes - Card tells Bush about the second crash at 9:05 a.m., according to the 9/11 Commission Report. [9/11 Commission, 7/24/2004, pp. 38] But ABC News reporter Ann Compton, who is in the classroom watching the reading demonstration, recognizes that something serious has happened when she sees Card interrupting the event and makes a note of the time, which her watch shows as 9:07 a.m. [ABC News, 9/11/2002] Bush will stay in the classroom for at least seven minutes after Card informs him of the second crash (see (9:08 a.m.-9:13 a.m.) September 11, 2001 and (9:13 a.m.-9:15 a.m.) September 11, 2001). [Wall Street Journal, 3/22/2004 pdf file]

Entity Tags: Andrew Card, Ann Compton, James Bamford, US Secret Service, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush and Sandra Kay Daniels read while the media watches.President Bush and Sandra Kay Daniels read while the media watches. [Source: White House / Eric Draper]President Bush stays in a classroom at the Emma E. Booker Elementary School in Sarasota, Florida, and listens to the students reading a story about a pet goat for five minutes, despite having just been told that the nation is under attack. [Wall Street Journal, 3/22/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 38-39] Bush has been in the classroom since 9:02 a.m., listening to 16 second graders demonstrating their reading skills (see 9:02 a.m. September 11, 2001). [Associated Press, 8/25/2002; Washington Times, 10/8/2002] Andrew Card, his chief of staff, has just come into the room, and told him a second plane has crashed into the World Trade Center and America is under attack (see (9:07 a.m.) September 11, 2001). The teacher, Sandra Kay Daniels, now continues the reading demonstration, instructing the children: “At the count of three. Everyone should be on page 163.” The children then read a story called The Pet Goat, which is about a girl’s pet goat that protects the family home from a burglar. [Sammon, 2002, pp. 83-85; Washington Times, 10/7/2002; Editor & Publisher, 7/2/2004; Wall Street Journal, 7/2/2004] Despite having just heard that the nation is under attack, Bush picks up his copy of the textbook and tries to follow along as the children read. [Tampa Tribune, 9/1/2002; Washington Times, 10/7/2002] He will later explain why he stays where he is and listens to the rest of the reading demonstration, rather than leaving the classroom to go and respond to the attacks, writing: “I knew my reaction would be recorded and beamed throughout the world. The nation would be in shock; the president could not be. If I stormed out hastily, it would scare the children and send ripples of panic throughout the country.” [Bush, 2010, pp. 127]
Bush Remains Composed - Bush is in fact surprisingly calm for the rest of the reading demonstration. He “maintained his composure and sent an image of calm to the nation,” White House press secretary Ari Fleischer, who is in the classroom at this time, will comment. [Fleischer, 2005, pp. 140] “He didn’t change his facial expression; he didn’t show what obviously had to be nothing but alarm and concern,” Fleischer will say. [White House, 8/8/2002] “It was pretty amazing to me how he could not show any sign of panic,” White House photographer Eric Draper, who is also in the classroom, will comment. [Albuquerque Tribune, 9/10/2002] A video recording of the event will show that Bush listens to the children reading The Pet Goat for five minutes. Finally, the children read the last line of the story, saying aloud, “More—to—come.” But even then, Bush will stay in the classroom for at least two more minutes, asking the children questions and talking briefly with the school’s principal (see (9:13 a.m.-9:15 a.m.) September 11, 2001). [Washington Times, 10/7/2002; Wall Street Journal, 3/22/2004 pdf file]

Entity Tags: Ari Fleischer, Eric Draper, George W. Bush, Sandra Kay Daniels

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Renee May.
Renee May. [Source: Family photo]Renee May, a flight attendant on Flight 77, calls her parents in Las Vegas and reports her plane has been hijacked. [9/11 Commission, 7/24/2004, pp. 9; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] According to author Tom Murphy, May previously tried calling the American Airlines flight services office at Washington’s Reagan National Airport, but all the lines there were busy. [Murphy, 2006, pp. 56-57] However, a summary of the phone calls made from the four hijacked planes that is presented at the 2006 Zacarias Moussaoui trial will make no mention of this earlier call. May’s first attempt at calling her parents, at 9:11 a.m., had not connected, but her second attempt a minute later is successful, and the call lasts for two-and-a-half minutes. [9/11 Commission, 8/26/2004, pp. 31; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006] According to reports shortly after 9/11 in the Las Vegas Review-Journal, May makes her call using a cell phone. [Las Vegas Review-Journal, 9/13/2001; Las Vegas Review-Journal, 9/15/2001] But at the Moussaoui trial it will be claimed she uses an Airfone. [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 7 pdf file] According to most accounts, including that of the 9/11 Commission, she speaks to her mother, Nancy May. [Las Vegas Review-Journal, 9/13/2001; 9/11 Commission, 7/24/2004, pp. 9; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006, pp. 7 pdf file] But according to Murphy, she speaks with her father, Ronald May. [Murphy, 2006, pp. 57] Renee reports that her plane is being hijacked. [9/11 Commission, 8/26/2004, pp. 31] Although it will be officially claimed that there are five hijackers on Flight 77, she says six individuals have taken over the plane (see Between 9:12 a.m. and 9:15 a.m. September 11, 2001). [Federal Bureau of Investigation, 9/27/2001; 9/11 Commission, 7/24/2004, pp. 2-3 and 9] Renee says the hijackers have moved people to the rear of the aircraft, though it is unclear whether she is referring to all of the passengers or just the flight’s crew. She tells her parent (either her mother or father, depending on the account) to call American Airlines and inform it of the hijacking. She gives three numbers in Northern Virginia to call. Before the time Flight 77 crashes, Renee May’s mother (or her father, according to Murphy) is able to contact an American Airlines employee at Reagan National Airport and pass on what their daughter has reported (see (Between 9:15 a.m. and 9:37 a.m.) September 11, 2001). [9/11 Commission, 8/26/2004, pp. 31; Murphy, 2006, pp. 57]

Entity Tags: Ronald May, Nancy May, Renee May

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a phone call from Flight 77, flight attendant Renee May describes six hijackers on her plane, yet official accounts will state there are only five. May is able to call her parents from Flight 77 to report that her plane has been hijacked (see (9:12 a.m.) September 11, 2001). She says six individuals have carried out the hijacking. [9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 31] Yet, despite this, the official claim put forward by the FBI and later the 9/11 Commission will be that there are five hijackers—not six—on this flight. [Federal Bureau of Investigation, 9/27/2001; 9/11 Commission, 8/26/2004, pp. 27] Apparently, the only other person to make a phone call from Flight 77 is passenger Barbara Olson, who reaches her husband (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [CNN, 9/12/2001; 9/11 Commission, 1/27/2004 pdf file] But Olson does not appear to make any reference to the number of hijackers on the plane. [Federal Bureau of Investigation, 9/11/2001; CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9]

Entity Tags: Ronald May, Renee May, Nancy May

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Barbara Olson.Barbara Olson. [Source: Richard Eillis / Getty Images]Barbara Olson, a passenger on Flight 77, talks over the phone with her husband, Ted Olson, the solicitor general of the United States, and gives details of the hijacking of her plane, but the call is cut off after about a minute. [9/11 Commission, 5/20/2004; 9/11 Commission, 8/26/2004, pp. 32] Flight 77 was hijacked between around 8:51 a.m. and 8:54 a.m., according to the 9/11 Commission Report (see 8:51 a.m.-8:54 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8] Sometime later, Barbara Olson tries calling her husband from the plane. The call initially reaches Mercy Lorenzo, an operator for AT&T, and after a short conversation, Lorenzo connects her to Ted Olson’s office at the Department of Justice in Washington, DC (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Federal Bureau of Investigation, 9/11/2001]
Secretary Answers the Call - There, the call is answered by Lori Keyton, a secretary. Lorenzo says there is an emergency collect call from Barbara Olson for Ted Olson. Keyton says she will accept it. Barbara Olson is then put through. She starts asking, “Can you tell Ted…” but Keyton cuts her off and says, “I’ll put him on the line.” [Federal Bureau of Investigation, 9/11/2001] Keyton then notifies Helen Voss, Ted Olson’s special assistant, about the call. She says Barbara Olson is on the line and in a panic. The call is then passed on to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] Voss rushes up to him and says, “Barbara is on the phone.” Ted Olson has been watching the coverage of the crashes at the World Trade Center on television and was concerned that his wife might have been on one of the planes involved. He is therefore initially relieved at this news. However, when he gets on the phone with her, he learns about the crisis on Flight 77. [CNN, 9/14/2001; Newsweek, 9/28/2001; Hudson Union, 6/18/2014]
Barbara Olson Provides Details of the Hijacking - Barbara Olson tells her husband that her plane has been hijacked. She gives no information describing the hijackers. She says they were armed with knives and box cutters, but makes no mention of any of the crew members or passengers being stabbed or slashed by them. She says they moved all the passengers to the back of the plane and are unaware that she is making a phone call. After the couple have been talking for about a minute, the call is cut off. Ted Olson will then try to call Attorney General John Ashcroft on a direct line he has to Ashcroft but receive no answer. After that, he will call the Department of Justice command center and ask for someone there to come to his office (see (Between 9:17 a.m. and 9:29 a.m.) September 11, 2001). Barbara Olson will reach her husband again and provide more details about the hijacking a short time later (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Newsweek, 9/28/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32]
Barbara Olson Is 'Incredibly Calm' - Accounts will later conflict over how composed Barbara Olson sounds during the call. She “did not seem panicked,” according to Ted Olson. [Federal Bureau of Investigation, 9/11/2001] “She sounded very, very calm… in retrospect, enormously, remarkably, incredibly calm,” he will say. [CNN, 9/14/2001] But Keyton will say that when she answered the call, Barbara Olson “sounded hysterical.” [Federal Bureau of Investigation, 9/11/2001] Ted Olson will add that he did not hear any noises on the plane other than his wife’s voice. [CNN, 9/14/2001]
Accounts Will Conflict over What Kind of Phone Is Used - Accounts will also be contradictory over whether Barbara Olson’s call is made using a cell phone or an Airfone. Keyton will say there is no caller identification feature on her phone and so she was unable to determine what kind of phone Barbara Olson used. [Federal Bureau of Investigation, 9/11/2001] Ted Olson will tell the FBI that he “doesn’t know if the calls [from his wife] were made from her cell phone or [an Airfone].” He will mention, though, that she “always has her cell phone with her.” [Federal Bureau of Investigation, 9/11/2001] He will similarly tell Fox News that he is unsure whether his wife used her cell phone or an Airfone. He will say he initially assumed the call must have been made on an Airfone and she called collect because “she somehow didn’t have access to her credit cards.” [Fox News, 9/14/2001] But he will tell CNN that she “called him twice on a cell phone.” [CNN, 9/12/2001] And in a public appearance in 2014, he will imply that she called him on her cell phone, saying, “I don’t know how Barbara managed to make her cell phone work” while she was in the air. [Hudson Union, 6/18/2014] Furthermore, a spokesman for Ted Olson will say that during the call, Barbara Olson said she was locked in the toilet. If correct, this would mean she must be using her cell phone. [Daily Mail, 9/12/2001; Evening Standard, 9/12/2001] But in 2002, Ted Olson will tell the London Telegraph that his wife called him on an Airfone and add, “I guess she didn’t have her purse, because she was calling collect.” [Daily Telegraph, 3/5/2002] And based on a study of all Airfone records, an examination of the cell phone records of all of the passengers who owned cell phones, and interviews with the people who received calls from the plane, the Department of Justice will determine that all of the calls from Flight 77 were made using Airfones.
Call Will Be Listed as Being Made to an 'Unknown' Number - A list compiled by the Department of Justice supposedly showing all of the calls made today from Flight 77 will include four “connected calls to unknown numbers” (see 9:15 a.m.-9:30 a.m. September 11, 2001). The 9/11 Commission Report will determine that these include the two calls made by Barbara Olson to her husband. According to the information in the list, her first call must occur at 9:15 a.m., 9:20 a.m., or 9:25 a.m. However, the FBI and the Department of Justice will conclude that all four “connected calls to unknown numbers” were communications between Barbara Olson and her husband’s office. [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455]
Barbara Olson Originally Planned to Fly Out a Day Earlier - Barbara Olson is a former federal prosecutor who is now a well-known political commentator on television. [Independent, 9/13/2001; New York Times, 9/13/2001] She was flying to Los Angeles to attend a major media business conference and to appear on Bill Maher’s television show, Politically Incorrect, this evening. [CNN, 9/14/2001; Hudson Union, 6/18/2014] She was originally scheduled to be on Flight 77 on September 10, but delayed her departure because today is Ted Olson’s birthday, and she wanted to be with him on the night before and have breakfast with him this morning. [CNN, 9/12/2001; Scotsman, 9/13/2001; Hudson Union, 6/18/2014] At around 9:00 a.m., Keyton received a series of about six to eight collect calls from an unknown caller that failed to go through (see (9:00 a.m.) September 11, 2001). Presumably these were made by Barbara Olson. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 94] In an interview with the FBI on September 13, Ted Olson will mention some messages on his voicemail at his old law firm. Presumably, he will be suggesting that these were also from Barbara Olson (see (Between 8:55 a.m. and 9:36 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/13/2001]

Entity Tags: Barbara Olson, Helen Voss, Mercy Lorenzo, Lori Lynn Keyton, Theodore (“Ted”) Olson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ted Olson.
Ted Olson. [Source: US Department of Justice]Ted Olson, the solicitor general of the United States, calls the Department of Justice command center to pass on information he has received in a call from his wife, who is a passenger on Flight 77, and ask for someone there to come to his office. [9/11 Commission, 8/26/2004, pp. 32, 95] His wife, Barbara Olson, has just called him, and was able to say her plane had been hijacked and give him details of the hijacking before the call got cut off (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001).
Olson Is Unable to Reach Attorney General Ashcroft - After the call from his wife has ended, Ted Olson tries to call Attorney General John Ashcroft on a direct line he has to Ashcroft, but receives no answer. He then calls the Department of Justice command center to pass on the details of his wife’s call. He contacts the command center, he will later say, because he wants to give Barbara Olson’s information “to someone who could possibly do something.” [Federal Bureau of Investigation, 9/11/2001; Newsweek, 9/28/2001] “I mainly wanted them know there was another hijacked plane out there,” he will comment. [Fox News, 9/14/2001]
Olson Is Told Command Center Personnel Are Unaware of the Hijacking - He tells the person who answers the call that his wife’s plane has been hijacked and gives them the number of the flight. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 32] “I want you to know there’s another plane that’s been hijacked; my wife is on it,” he says. [Newsweek, 9/28/2001] He adds that his wife is able to communicate from the plane, even though her call to him got cut off. [CNN, 9/14/2001] “They just absorbed the information,” he will recall, adding, “I expected them to pass the information on to the appropriate people.” [Fox News, 9/14/2001] He is told that officials in the command center know nothing about the hijacking of Flight 77. [Washington Post, 9/12/2001]
Olson Wants a Security Officer to Come to His Office - Ted Olson also requests that a security officer from the command center come to his office. According to Helen Voss, his special assistant, he does this because he thinks the security officer will be able to talk to Barbara Olson if she calls him again. [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 32] But Ted Olson will comment that at this time, “I didn’t know that I was going to get another call [from Barbara Olson].” He is told someone will be sent to his office right away. [Fox News, 9/14/2001] Shortly after he contacts the command center, Barbara Olson will call him a second time and provide more details about the hijacking of Flight 77 (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32]
Security Officer Goes to Olson's Office - Meanwhile, Allen Ferber, a security officer in the command center, is told to go to Ted Olson’s office. He is told by the watch officer that the solicitor general’s wife is on a plane that has been hijacked, the hijackers were armed with knives, and the passengers have been moved to the back of the plane. He will arrive at Ted Olson’s office after Barbara Olson’s second call from Flight 77 has ended. He will stay there, watching the television coverage of the crashes at the World Trade Center with Ted Olson, for about 10 minutes. He will leave the office before the attack on the Pentagon is reported on television (see 9:39 a.m.-9:44 a.m. September 11, 2001) but return to it after the attack starts being reported (see (Shortly After 9:37 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001]

Entity Tags: US Department of Justice, Allen Ferber, John Ashcroft, Theodore (“Ted”) Olson, Helen Voss

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The telephone Ted Olson used when he spoke to his wife, who called him from Flight 77.The telephone Ted Olson used when he spoke to his wife, who called him from Flight 77. [Source: US Department of Justice]Barbara Olson, a passenger on Flight 77, talks over the phone with her husband, Ted Olson, the solicitor general of the United States, for a second time and is able to give him additional details of the hijacking of her plane before the call gets cut off. She has just called him at his office at the Department of Justice in Washington, DC, and was able to say her plane had been hijacked and give him details of the hijacking before the call got disconnected (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). [CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9] Since then, Ted Olson has called the Department of Justice command center and passed on the information she provided (see (Between 9:17 a.m. and 9:29 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; 9/11 Commission, 8/26/2004, pp. 32]
Secretary Answers the Call - Shortly after making her first call to him, Barbara Olson calls Ted Olson again. [9/11 Commission, 7/24/2004, pp. 9] The call is initially answered by Lori Keyton, a secretary in Ted Olson’s office. When Keyton picks up the phone, Barbara Olson says, “It’s Barbara.” Keyton says she will put her through to her husband. [Federal Bureau of Investigation, 9/11/2001] Ted Olson is told his wife is on the phone again and the call is put through to him.
Barbara Olson Says Her Plane Has Been Circling Around - Barbara Olson then gives her husband additional information about the hijacking of Flight 77. She says the pilot announced that the plane had been hijacked. Ted Olson asks if she has any idea of her plane’s location. [Federal Bureau of Investigation, 9/11/2001; CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32] She says the plane was hijacked shortly after takeoff and has been circling around for a while. [CNN, 9/14/2001; Fox News, 9/14/2001] (However, according to the 9/11 Commission Report, Flight 77 was hijacked between around 8:51 a.m. and 8:54 a.m. (see 8:51 a.m.-8:54 a.m. September 11, 2001), more than 30 minutes after it took off (see (8:20 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8] ) She says it is currently flying over some houses. After consulting another person on the plane, she says she thinks they are heading northeast.
Barbara Olson Asks What She Should Tell the Pilot - Ted Olson says two aircraft, besides Flight 77, were hijacked this morning and these planes subsequently crashed into the World Trade Center. Barbara Olson “absorbed the information,” the solicitor general will later recall. The couple then try to reassure each other. Ted Olson says, “It’s going to come out okay” and Barbara Olson tells him the same thing. She then says, “I love you.” Before the call ends, the couple “segued back and forth between expressions of feeling for one another and this effort to exchange information,” Ted Olson will recall. [Federal Bureau of Investigation, 9/11/2001; CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9; 9/11 Commission, 8/26/2004, pp. 32] “We exchanged the feelings that a husband and wife who are extraordinarily close—as we are—those kind of sentiments,” he will say. [Fox News, 9/14/2001] The last thing Barbara Olson says is: “What shall I tell the pilot? What can I tell the pilot to do?” This implies that either the plane’s pilot or the co-pilot is at the back of the plane, where the hijackers moved the passengers, Ted Olson will note. [Washington Post, 9/12/2001; CNN, 9/14/2001]
Call Is Abruptly Cut Off - The call then ends abruptly, with the line suddenly going dead. It has lasted “two or three or four minutes,” Ted Olson will estimate. [Federal Bureau of Investigation, 9/11/2001; CNN, 9/14/2001; 9/11 Commission, 8/26/2004, pp. 32] Ted Olson will then return to watching the coverage of the attacks at the WTC on television. When he sees the reports about an attack at the Pentagon, he will immediately think his wife’s plane crashed there (see (Shortly After 9:37 a.m.) September 11, 2001). [Federal Bureau of Investigation, 9/11/2001; Federal Bureau of Investigation, 9/11/2001; Fox News, 9/14/2001]
Call Is Made Sometime between 9:20 a.m. and 9:30 a.m. - The exact time of Barbara Olson’s second call to her husband is unclear. A list compiled by the Department of Justice supposedly showing all of the calls made today from Flight 77 will include four “connected calls to unknown numbers” (see 9:15 a.m.-9:30 a.m. September 11, 2001) and the 9/11 Commission Report will determine that these include the two calls made by Barbara Olson. According to the information in the list, her second call must occur at 9:20 a.m., 9:25 a.m., or 9:30 a.m. and last for 4 minutes 34 seconds, 2 minutes 39 seconds, or 4 minutes 20 seconds. [9/11 Commission, 5/20/2004; 9/11 Commission, 7/24/2004, pp. 455; 9/11 Commission, 8/26/2004, pp. 94]
Call Is Made Directly to Ted Olson's Office - It is also unclear whether Barbara Olson makes this call using a cell phone or an Airfone. Keyton’s phone has no caller identification feature and so she is unable to determine what kind of phone Barbara Olson uses. [Federal Bureau of Investigation, 9/11/2001] But the Department of Justice will determine that all of the calls from Flight 77 were made using Airfones. [9/11 Commission, 5/20/2004] Barbara Olson makes the call by dialing “0,” apparently in an attempt to reach an operator, according to an FBI report. [Federal Bureau of Investigation, 9/20/2001] But Keyton will say that, unlike the first call, Barbara Olson’s second call to her husband is made directly to his office, rather than reaching it via an operator. [Federal Bureau of Investigation, 9/11/2001] And Mercy Lorenzo, the operator who connected Barbara Olson’s first call to Ted Olson’s office (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001), will apparently mention dealing with only one call, not two, from Barbara Olson when she is interviewed by the FBI. [Federal Bureau of Investigation, 9/11/2001]

Entity Tags: Theodore (“Ted”) Olson, Mercy Lorenzo, Lori Lynn Keyton, Barbara Olson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A number of witnesses see a helicopter flying near the Pentagon in the minutes before the attack there.
bullet Jeffrey Mark Parsons, an assistant chief patrol agent with the United States Border Patrol, sees a blue and white helicopter that appears as if it is coming in to land, from a window on the 17th floor of the hotel he is staying at, near the Pentagon. Parsons will later recall that two or three minutes before the Pentagon attack occurs: “I saw [the helicopter] circle… between the hotel and the Pentagon, going toward the landing pad [at the Pentagon] where that airliner ultimately hit. And I thought that he landed on the pad.” Parsons will say the helicopter flies in at “a weird angle,” and recall that he has been staying at the Marriott Residence Inn in Arlington for almost a month, but has “never seen a helicopter approach the Pentagon from that direction before.” He will recognize the helicopter as a Huey because he has flown Hueys and knows they make “a very distinct sound.” According to John Darrell Sherwood, a Navy historian who interviews Parsons about the incident, the helicopter belongs to the US Park Police and has been instructed to intercept the aircraft that subsequently hits the Pentagon (see Shortly Before 9:35 a.m. September 11, 2001). [US Naval Historical Center, 12/13/2001; Goldberg et al., 2007, pp. 258]
bullet A senior Air Force officer who is somewhere outside the Pentagon also sees a helicopter circling the Pentagon around this time, although he believes it to be a US military helicopter. Shortly after the Pentagon attack, the unnamed officer will tell a CNN reporter that the helicopter “disappeared behind the building where the helicopter landing zone is… and he then saw [a] fireball go into the sky” when the Pentagon is hit. [CNN, 9/11/2001]
bullet Jennifer Reichert, who is stuck in traffic on Route 27 in front of the Pentagon, will describe that just before the attack, “A helicopter takes off from the heliport at the Pentagon.” She will add: “Minutes—maybe seconds—later, I hear it: American Airlines Flight 77 screams toward the Pentagon. The explosion [of the crash] shakes my car.” [Washington Post, 9/5/2002]
bullet Secretary of Defense Donald Rumsfeld and Denny Watson, his CIA briefer, who are in Rumsfeld’s office at the Pentagon, see a helicopter flying very close to the building, outside the window of the office, and then pulling away just before the building is attacked (see Shortly Before 9:37 a.m. September 11, 2001). [Priess, 2016, pp. 244-245]
Perhaps due to the presence of this helicopter in the area, some people will initially think the attack on the Pentagon involves a helicopter hitting the building. Captain William Durm, the commander of the Pentagon’s Triservice Dental Clinic, will head to the building’s center courtyard shortly after the Pentagon is hit. Someone there will tell him a helicopter has hit the other side of the building. [Office of Medical History, 9/2004, pp. 11] Some early news reports will suggest a helicopter crashed into the Pentagon. [Thomas Crosbie Media, 9/11/2001; Poynter Institute, 9/2/2002] One report will claim that “one aircraft and a helicopter have crashed into the Pentagon.” [Airline Industry Information, 9/11/2001] Vice President Dick Cheney will tell NBC’s Meet the Press that “the first reports on the Pentagon attack suggested a helicopter” hit the building. [Meet the Press, 9/16/2001] The Guardian will report that one witness claims the explosion that occurs when the Pentagon is hit blows up a helicopter circling overhead. [Guardian, 9/12/2001] New York Times columnist William Safire will report that, at approximately this time, Cheney is told that either another plane or “a helicopter loaded with explosives” is heading for the White House. [New York Times, 9/13/2001]

Entity Tags: Jennifer Reichert, Jeffrey Mark Parsons, John Darrell Sherwood, Pentagon, Richard (“Dick”) Cheney, United States Park Police, Denny Watson, William Safire, William Durm, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General John Keane, vice chief of staff of the Army, talks on the phone with Major General Peter Chiarelli, the Army’s director of operations, readiness, and mobilization, about a suspicious plane that is approaching Washington, DC, and the two men discuss evacuating buildings in the capital, including the Pentagon. Keane called Chiarelli from his office at the Pentagon after he learned a plane had crashed into the World Trade Center and instructed him to bring the Army Operations Center (AOC) at the Pentagon up to full manning (see (Between 8:49 a.m. and 9:02 a.m.) September 11, 2001).
Officer Is Monitoring FAA Communications - Sometime after the second hijacked plane crashed into the WTC (see 9:03 a.m. September 11, 2001), Chiarelli, who is now in the AOC himself, calls Keane to confirm that the operations center is fully manned. He also says he is monitoring FAA communications and all planes are being grounded, Keane will later recall. [Fordham News, 9/10/2016; Weekly Standard, 9/11/2016] (However, the FAA will only order its facilities to instruct aircraft to land at the nearest airport at around 9:45 a.m., which is later than this conversation occurs (see (9:45 a.m.) September 11, 2001). [US Congress. House. Committee On Transportation And Infrastructure, 9/21/2001; 9/11 Commission, 7/24/2004, pp. 29] )
Officer Was Told about an Aircraft Approaching Washington - Before Chiarelli left his office and went to the AOC, an intelligence analyst told him additional aircraft had been hijacked and one of them was thought to be heading toward Washington. An intelligence officer told him about this aircraft again after he reached the AOC (see (Shortly Before 9:37 a.m.) September 11, 2001). [US Army Center of Military History, 2/5/2002; Rossow, 2003, pp. 65-66] Presumably based, at least partly, on what these intelligence officers said, Chiarelli tells Keane about the suspicious aircraft, apparently Flight 77, which is now in the vicinity of Washington. [Fox News, 9/12/2011]
Officers Discuss Evacuating Buildings in Washington - He says, “There’s an airplane that has come up from I-95 south towards Washington, DC, and it turned east and went back down, and they’re tracking it.” He adds: “I think this airplane was out in Ohio someplace and it turned around (see (8:54 a.m.) September 11, 2001). It’s probably where they [i.e. hijackers] took charge of it and [air traffic controllers] haven’t been able to get a hold of it.” The two men conclude that the suspicious aircraft is heading for a building in the capital. Keane asks Chiarelli, “Well, what’s the plan to evacuate buildings in Washington?” Chiarelli replies, “I’ve already asked that question.” Keane then asks: “Well, what’s the plan to evacuate this building [i.e. the Pentagon]? Why isn’t it being evacuated?” What, if anything, Chiarelli says in response is unstated. [Weekly Standard, 9/11/2016] Keane and Chiarelli will still be holding this conversation at 9:37 a.m., when the Pentagon is hit (see 9:37 a.m. September 11, 2001), and will continue it after the attack occurs (see (Shortly After 9:37 a.m.) September 11, 2001). [Fordham News, 9/10/2016]

Entity Tags: John Keane, Peter W. Chiarelli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Dick Cheney, after being evacuated from his office, stops in an underground tunnel leading to the Presidential Emergency Operations Center (PEOC) below the White House, where he learns about the attack on the Pentagon and talks over the phone with President Bush. Secret Service agents hurried Cheney out of his office in the West Wing of the White House at around 9:36 a.m., according to some accounts (see (9:36 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 39-40; Gellman, 2008, pp. 114-116] (However, other accounts will suggest he was evacuated from his office earlier on, at around 9:03 a.m. (see (Shortly After 9:03 a.m.) September 11, 2001). [New York Times, 9/13/2001; Daily Telegraph, 12/16/2001; ABC News, 9/14/2002] ) The Secret Service agents then rushed the vice president along the hallway, through some locked doors, and down some stairs into an underground tunnel. “It’s a small corridor,” Cheney will later describe. “There is a door at each end, a fairly heavy door. It’s obviously a place of refuge… a shelter for the president or, in this case, the vice president.” [White House, 11/19/2001]
Agents Take Up Positions on Staircase - Cheney arrives in the tunnel about a minute after leaving his office. [9/11 Commission, 7/24/2004, pp. 40; Hayes, 2007, pp. 335] He will recall that when he reaches the bottom of the stairs, he “watched as Secret Service agents positioned themselves at the top, middle, and bottom of the staircase, creating layers of defense in case the White House itself should be invaded.” One of the agents, James Scott, gives out “additional firearms, flashlights, and gas masks” to his colleagues. Scott tells Cheney that he’d evacuated him from his office because he’d heard over his radio that “an inbound, unidentified aircraft” was flying toward the White House (see (9:35 a.m.) September 11, 2001).
Cheney Asks to Talk to the President - Moments later, Scott receives another report over his radio. He passes on what he is told to Cheney, saying, “Sir, the plane headed for us just hit the Pentagon.” Cheney will comment, “Now I knew for certain that Washington as well as New York was under attack, and that meant that President Bush, who had been at an elementary school in Florida, had to stay away.” [Cheney and Cheney, 2011, pp. 1-2] Cheney and the Secret Service agents with him therefore stop in an area of the tunnel where there is a bench to sit on and a secure phone, and Cheney says he wants to speak to the president. It takes some time for his call to get connected, however, and so he will speak to Bush at 9:45 a.m. (see (9:45 a.m.-9:56 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 40; Hayes, 2007, pp. 335] There is also a television in the tunnel, on which Cheney will see the coverage of the burning Pentagon after the building has been hit (see 9:39 a.m.-9:44 a.m. September 11, 2001). The vice president will be joined in the tunnel by his wife, Lynne Cheney, at around 9:55 a.m. (see (9:55 a.m.) September 11, 2001). The Cheneys will enter the PEOC shortly before 10:00 a.m., according to the 9/11 Commission Report (see (9:58 a.m.) September 11, 2001). [White House, 12/17/2001; 9/11 Commission, 7/24/2004, pp. 40]

Entity Tags: US Secret Service, Richard (“Dick”) Cheney, James Scott

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ted Olson, the solicitor general of the United States, immediately thinks Flight 77, which his wife was a passenger on, has crashed when he sees reports on television about an explosion at the Pentagon. [Federal Bureau of Investigation, 9/11/2001; Fox News, 9/14/2001; Daily Telegraph, 3/5/2002] Ted Olson was called by his wife, Barbara Olson, at his office at the Department of Justice in Washington, DC, sometime after the second hijacked plane crashed into the World Trade Center. She told him her plane had been hijacked and gave him details of the hijacking before the call got disconnected (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001). She called again a short time later and gave him additional details of the hijacking, but that call also got cut off (see (Between 9:20 a.m. and 9:30 a.m.) September 11, 2001). He then returned to watching the coverage of the crashes at the WTC on television and, after a short time, sees the reports indicating some kind of explosion has occurred at the Pentagon (see 9:39 a.m.-9:44 a.m. September 11, 2001). Ted Olson will later recall that, even though it is some time before reports suggest that the incident involved a plane crashing at the Pentagon (see 9:43 a.m.-9:53 a.m. September 11, 2001), he immediately knows Flight 77, his wife’s plane, has crashed. [CNN, 9/14/2001; 9/11 Commission, 7/24/2004, pp. 9] “I knew it was her,” he will comment. [Daily Telegraph, 3/5/2002] “I did and I didn’t want to, but I knew.” [CNN, 9/14/2001] “I knew in my heart that was that aircraft and I also knew in my heart that [Barbara Olson] could not possibly have survived that kind of an explosion with a full load of fuel on a recently taken-off airplane,” he will say. [Fox News, 9/14/2001] Ted Olson shares his thoughts with some of his colleagues. Helen Voss, his special assistant, watched television with him after the second call from his wife ended. She will recall that when the incident at the Pentagon starts being reported, he says, “That’s Barbara’s plane.” [Federal Bureau of Investigation, 9/11/2001] And Allen Ferber, a security officer from the Department of Justice command center, sat and watched television with the solicitor general for about 10 minutes after he received the second call from his wife (see (Between 9:17 a.m. and 9:29 a.m.) September 11, 2001). Ferber then left Ted Olson’s office but he returns to it after the incident at the Pentagon is reported. He will recall that, apparently referring to Flight 77, Ted Olson says to him, “The plane is down.” Ferber says he is very sorry and then leaves the office again. [Federal Bureau of Investigation, 9/11/2001] Ted Olson will stay in his office for the next few hours, phoning friends and family members to let them know his wife is dead. [CNN, 9/14/2001; Daily Telegraph, 3/5/2002]

Entity Tags: Theodore (“Ted”) Olson, Helen Voss, Barbara Olson, Allen Ferber

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Pentagon on fire.The Pentagon on fire. [Source: Press Association]Television news reports describe an explosion and fire occurring at the Pentagon, but do not specify that a plane hit it:
bullet Two seconds after 9:39 a.m., reporter Jim Miklaszewski states on NBC News: “I don’t want to alarm anybody right now, but apparently, there—it felt, just a few moments ago, like there was an explosion of some kind here at the Pentagon. We’re on the E-ring of the Pentagon. We have a window that faces out toward the Potomac, toward Kennedy Center. We haven’t been able to see or—or hear anything after the initial blast. I just stepped out in the hallway. Security guards were herding people out of the building, and I saw just a moment ago as I looked outside, a number of construction workers who have been working here, have taken flight. They’re running as far away from the building as they can right now. I—I hear no sirens going off in the building; I see no smoke, but the building shook for just a couple of seconds. The windows rattled and security personnel are doing what they can momentarily to clear this part of the building. Again, I have no idea whether it was part of the construction work, whether it was an accident or what is going on. We’re going to try to find those details and get them to you as soon as possible. But interestingly enough, one intelligence official here in the building said when he saw what appeared to be the coordinating attack on the World Trade Center, his advice was to stay away from the outside of the building today just in case.” [NBC, 9/11/2001]
bullet At 9:40, CNN coverage includes a banner stating, “Reports of fire at Pentagon.” [CNN, 9/11/2001] Three minutes later, CNN producer Chris Plant reports from the Pentagon: “It’s impossible for me to say… exactly what caused this. I did not hear an explosion but there is certainly a very, very significant fire in this enormous office building.” [CNN, 9/11/2001]
bullet At 9:42, ABC News reports smoke coming from somewhere behind the Old Executive Office Building, next to the White House. Two minutes later it reports a “fire confirmed at the Pentagon.” [ABC News, 9/11/2001]
bullet At 9:43, CBS News reports “smoke pouring out of the Pentagon,” but adds, “We don’t know whether this is the result of a bomb or whether it is yet another aircraft that has targeted a symbol of the United States’ power.” [CBS, 9/11/2001]
However, no media outlets record video footage of the Pentagon crash, and the cause of the explosion remains unknown for some minutes afterward. The Associated Press is apparently the first source to report that a plane hit the Pentagon (see 9:43 a.m.-9:53 a.m. September 11, 2001).

Entity Tags: Pentagon, Jim Miklaszewski

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An Associated Press news alert at 9:43 a.m. states, “An aircraft has crashed into the Pentagon, witnesses say.” [Associated Press, 2001 pdf file; Broadcasting and Cable, 8/26/2002] This is apparently the first news of the crash. Initial television reports stated there had been an explosion at the Pentagon, but not that a plane caused it (see 9:39 a.m.-9:44 a.m. September 11, 2001). Minutes later, there is still uncertainty over what caused the explosion. At 9:49, CNN’s Chris Plant reports from the Pentagon, “[I]nitial reports from witnesses indicate that there was in fact a helicopter circling the building, contrary to what the AP reported, according to the witnesses I’ve spoken to anyway, and that this helicopter disappeared behind the building, and that there was then an explosion” (see (9:35 a.m.-9:36 a.m.) September 11, 2001). [CNN, 9/11/2001] It is not until 9:53 that CNN confirms, “it was a plane that crashed into the Pentagon.” [CNN, 9/11/2001]

Entity Tags: CNN, Associated Press

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder.Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder. [Source: David Bohrer / White House]In the conference room of the Presidential Emergency Operations Center (PEOC), Vice President Cheney, National Security Adviser Condoleezza Rice, and their aides watch the South Tower collapsing on television. [Newsweek, 12/31/2001] Cheney will later say that the WTC coming down “was a shock to everybody—it certainly was to me.” [PBS, 9/9/2002] However, if he is indeed shocked, this is not how Cheney appears to others in the room. One witness who is present will later recall that, as the South Tower collapses, there is “a groan in the room that I won’t forget, ever. It seemed like one groan from everyone.” However, Cheney makes no sound, but closes his eyes for a long, slow blink. The witness says, “I remember turning my head and looking at the vice president, and his expression never changed.” [Washington Post, 6/24/2007] According to Mary Matalin, a counselor to the vice president, Cheney says nothing in response to the collapse, but “he emoted in a way that he emotes, which was to stop.” [CNN, 9/11/2002; CNN, 9/11/2002] When he is told that a casualty estimate ranges well into the thousands, the vice president reportedly just nods grimly. [Newsweek, 12/31/2001] According to the Washington Post, three people who are present say they see no sign now or later “of the profound psychological transformation that has often been imputed to Cheney.” What they see is “extraordinary self-containment and a rapid shift of focus to the machinery of power. While others assessed casualties and the work of ‘first responders,’ Cheney began planning for a conflict that would call upon lawyers as often as soldiers and spies.” He will promptly begin assembling the legal team that subsequently assists him in expanding presidential power (see (After 10:00 a.m.) September 11, 2001). [Washington Post, 6/24/2007]

Entity Tags: Mary Matalin, Richard (“Dick”) Cheney, Condoleezza Rice, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Will Chandler.Will Chandler. [Source: National Geographic]Vice President Dick Cheney phones President Bush and tells him the White House has received a credible threat against Air Force One. [Sammon, 2002, pp. 106-107; Woodward, 2002, pp. 18; CBS News, 9/11/2002] The White House has just received an anonymous phone call in which the caller said the president’s plane would be the next terrorist target (see (10:30 a.m.) September 11, 2001). [Woodward, 2002, pp. 18; 9/11 Commission, 7/24/2004, pp. 554] The caller referred to the plane as “Angel,” which is the Secret Service’s code name for Air Force One. [Fleischer, 2005, pp. 141-142] Details of the call were passed on to government officials, including Cheney, in the Presidential Emergency Operations Center (PEOC) below the White House. [White House, 11/19/2001; Newsweek, 12/30/2001; 9/11 Commission, 7/24/2004, pp. 554]
Cheney Tells Bush about a 'Credible' Threat - Cheney now tells Bush: “We’re getting reports of a threat against you. It appears credible,” Major Robert Darling of the White House Military Office, who is with Cheney in the PEOC, will later recall. Cheney says, “We’re scrambling fighter escorts and the Secret Service is taking internal precautions on board Air Force One.” [Darling, 2010, pp. 61] Bush turns to Lieutenant Colonel Thomas Gould, his military aide, and passes on the news, saying, “A call came into the White House switchboard saying, ‘Angel is next.’” Bush then continues talking with Cheney and says, “We’re at war, Dick, and we’re going to find out who did this and we’re going to kick their ass.” [Sammon, 2002, pp. 107; Fleischer, 2005, pp. 141-142]
Pilot Is Told of the Threat and Asks for a Guard at the Cockpit Door - Colonel Mark Tillman, the pilot of Air Force One, is told about the threat. [CBS News, 9/11/2002] Noting that “Angel” is “a classified call sign of Air Force One,” Tillman will comment that “the only people that knew that call sign was us, [the] Secret Service, and the staff.” Therefore, he will say, “for somebody [to] call into the White House and say that Angel was next, that was just incredible.” [US Air Force, 2/29/2012 pdf file] “It was serious before that, but now… no longer is it a time to get the president home,” Tillman will comment. “We actually have to consider everything we say. Everything we do could be intercepted and we have to make sure that no one knows what our position is.” Tillman asks to have an armed guard at his cockpit door. Will Chandler, the chief of security, is therefore summoned to the front of the plane and stands watch at the base of the stairs leading to the cockpit. No one is then allowed up these stairs. Secret Service agents double-check the identity of everyone on the plane, while the crew reviews the emergency evacuation plan. [CBS News, 9/11/2002; Politico Magazine, 9/9/2016]
Threat Influences the Decision to Fly to Nebraska - White House press secretary Ari Fleischer, who is on Air Force One with Bush, will say the threat against the president’s plane is what leads to the decision to take Bush to Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001) and is also one of the reasons why Bush does not head back to Washington, DC, right away. [White House, 9/12/2001] However, during the afternoon, the Secret Service will determine that the reported threat was unfounded. [9/11 Commission, 7/24/2004, pp. 554] Shortly after Bush learns about the threat, Tillman will be informed that an aircraft that may have been hijacked is heading toward Air Force One (see (10:35 a.m.) September 11, 2001). [CBS News, 9/11/2002; CBS News, 1/17/2009] White House chief of staff Andrew Card will say he in fact learned a threat had been made against Air Force One almost an hour earlier, while he was being driven with Bush to Sarasota-Bradenton International Airport (see (Between 9:35 a.m. and 9:43 a.m.) September 11, 2001). [White House, 8/12/2002; White House, 8/16/2002; White House, 8/16/2002]

Entity Tags: Mark Tillman, Ari Fleischer, Richard (“Dick”) Cheney, George W. Bush, Robert J. Darling, US Secret Service, Will Chandler, Thomas Gould

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steve Wragg.Steve Wragg. [Source: Steve Wragg]Investigators at Washington’s Dulles International Airport sternly refuse to let Steve Wragg, a manager, get involved with interviews of his employees, even just to help as a translator for workers with limited English-speaking skills. [Trento and Trento, 2006, pp. 128-129] Flight 77 took off from Dulles Airport at 8:20 a.m. (see (8:20 a.m.) September 11, 2001) and crashed into the Pentagon at 9:37 a.m. (see 9:37 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8, 10] Wragg works as the district manager in charge of the airport for Argenbright Security, which handles the passenger security checkpoints, baggage, and other services there for American Airlines and United Airlines. [Atlanta Business Chronicle, 10/12/2001; Trento and Trento, 2006, pp. 125] Having just returned from a trip to Boston, he was away from work when the crashes at the World Trade Center took place. [Brighton Argus, 9/26/2001] But after learning of the attacks, he headed to Dulles Airport to check on Ed Nelson, a security manager who works for him, and the airport’s screeners. He arrived at around 11:00 a.m. and found the place in chaos, filled with people dressed in suits who were wearing earpieces and carrying guns. He found Nelson and the two men headed to the airport’s security checkpoints where they saw personnel standing around, being interviewed by men in suits with clipboards.
Manager Is Told that the Investigation Is None of His Business - Wragg now heads to his office, where screeners are being questioned by investigators, and sees people who belong to numerous agencies, including the FBI, the CIA, airport police, the Department of Transportation, and the Immigration and Naturalization Service. However, he is unable to find anyone who can tell him who is in charge, what is going on, or who he is meant to talk to. Instead, an agent orders him to get out. “Anybody I spoke to said, ‘We need you to stay out of this, we’re taking over, this is none of your business right now,’” he will later recall.
Manager's Offer of Help with Translation Is Rejected - Wragg calls Argenbright Security’s headquarters, and is told to “secure the records” and “make sure no one touches anything.” He explains to his bosses what the situation is like at the airport and asks what they want him to do. He is instructed to try and get involved if investigators are speaking to Argenbright employees. He then attempts to do this but the investigators refuse to let him participate. “You’re not going to be a part of this,” they tell him. Wragg thinks the investigators will need him to help translate, since many of his company’s employees are immigrants with limited English-speaking skills. Some of them are saying yes to investigators when they don’t know the answer to a question, just to pacify their interrogators, and some of the investigators are getting frustrated at the situation. Wragg wants to assist. “I’m not here for any other reason but to help,” he tells the investigators, but they still order him to “get out.” [Trento and Trento, 2006, pp. 128-129]

Entity Tags: Argenbright Security, Central Intelligence Agency, US Immigration and Naturalization Service, Ed Nelson, Steve Wragg, Federal Bureau of Investigation, US Department of Transportation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI arrives at Washington’s Dulles International Airport and begins its investigation of the hijacking of Flight 77, which departed from the airport this morning. [9/11 Commission, 9/29/2003 pdf file; Goldberg et al., 2007, pp. 161] Flight 77 took off from Dulles Airport at 8:20 a.m. (see (8:20 a.m.) September 11, 2001) and crashed into the Pentagon at 9:37 a.m. (see 9:37 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 8, 10] The FBI’s Washington Field Office (WFO) was reportedly notified of the hijacking of Flight 77 at around 9:20 a.m. (see (9:20 a.m.) September 11, 2001). [US Department of Health and Human Services, 7/2002, pp. C-45 pdf file] Dulles Airport has now been locked down, preventing people from entering or leaving it, and the terminals have been evacuated (see (Between 9:38 a.m. and 11:37 a.m.) September 11, 2001). [9/11 Commission, 10/16/2003 pdf file; Trento and Trento, 2006, pp. 36; Priska Neely, 10/21/2010]
Fifty FBI Agents Arrive at Dulles Airport - The FBI is responsible for investigating the hijacking of Flight 77, and so Special Agent in Charge Arthur Eberhart has sent a team of 50 agents to the airport to look into it and provide additional security to prevent another hijacking. [US Department of Health and Human Services, 7/2002, pp. A-23, C-45 pdf file] However, the agents only arrive there at around 12:40 p.m., according to a 9/11 Commission memorandum. [9/11 Commission, 9/29/2003 pdf file] The first thing they do there is seize the security tape at the main terminal’s west checkpoint, according to Ed Nelson, a security manager at the airport. [Trento and Trento, 2006, pp. 36] They also interview ticket agents, security personnel, baggage and food handlers, and other personnel, and collect evidence. [US Naval Historical Center, 1/15/2002; Goldberg et al., 2007, pp. 161] They order the confiscation of the 52 computer hard drives that record all electronic television and security information at the airport. The hard drives contain all of the video recorded by the airport’s surveillance cameras and all records of electronic badges used to gain access to secure areas. [Trento and Trento, 2006, pp. 34]
Agents Assess the Passengers on Grounded Planes - Airport officials have received no guidance regarding how passengers on planes that have been grounded in response to the terrorist attacks this morning should be processed. But the FBI agents at the airport now take the lead in reviewing the passengers who have deboarded from planes. [9/11 Commission, 9/29/2003 pdf file] The FBI will set up a command post and a substantial operation at Dulles Airport to carry out its investigation of the hijacking of Flight 77. Van Harp, head of the WFO, will assume responsibility for its response at the airport. [US Naval Historical Center, 12/12/2001]

Entity Tags: Ed Nelson, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ed Nelson.Ed Nelson. [Source: DC Bureau]FBI and Immigration and Naturalization Service (INS) agents at Washington’s Dulles International Airport, from where Flight 77 departed earlier this morning (see (8:20 a.m.) September 11, 2001), are apparently uninterested in the alleged hijackers of Flight 77 when they interview airport personnel. [Trento and Trento, 2006, pp. 36] The FBI arrived at Dulles Airport at around 12:40 p.m. (see (12:40 p.m.) September 11, 2001). [9/11 Commission, 9/29/2003 pdf file] FBI agents and INS agents then interview screeners there. However, nothing they are asking the screeners makes sense to Ed Nelson, a security manager at the airport, and he feels that “something [isn’t] adding up.” “They were not asking about the hijackers—they were focusing on what my screeners might have done wrong,” he will later comment. “It was as if they were working off a script,” he will add. FBI agents assigned to Dulles Airport will indicate that their actions are based on instructions they received from their superiors. One FBI supervisor will recall: “The orders came from headquarters through the local Washington-area FBI field offices and the Joint Task Force on Terrorism. The teams of agents were told to ‘get the screeners to admit they had violated FAA recommended procedures.’” [Trento and Trento, 2006, pp. 36]

Entity Tags: Ed Nelson, Federal Bureau of Investigation, US Immigration and Naturalization Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” [CBS News, 9/4/2002; Bamford, 2004, pp. 285] In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” [Moore, 3/15/2004, pp. 18]

Entity Tags: Stephen A. Cambone, Osama bin Laden, Saddam Hussein, Central Intelligence Agency, National Military Command Center, Donald Rumsfeld, Al-Qaeda

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

While President Bush is conducting a video conference with his principal advisers from a bunker beneath Offutt Air Force Base (see (3:15 p.m.) September 11, 2001), most of the people accompanying him are waiting in a conference room across the hallway. Among this group is Bush’s senior adviser Karl Rove. Rove later claims that, around this time, there are rumors that more planes remain unaccounted for. He says that, while “they’ve accounted for all four [hijacked] planes,” there are still concerns that “they’ve got another, I think, three or four or five planes still outstanding.” [New Yorker, 9/25/2001] However, according to the FAA, there are no such reports, and the White House and Pentagon had been quickly informed when US skies were completely cleared at 12:16 p.m. White House Communications Director Dan Bartlett later says he does not know from where Rove got the information about the additional unaccounted-for planes. [Wall Street Journal, 3/22/2004 pdf file] But according to tapes of the operations floor at NORAD’s Northeast Air Defense Sector later obtained by Vanity Fair, “False reports of hijackings, and real responses, continue well into the afternoon, though civilian air-traffic controllers had managed to clear the skies of all commercial and private aircraft by just after 12 p.m.” (See 10:15 a.m. and After September 11, 2001). [Vanity Fair, 8/1/2006] Despite the Secret Service’s advice that he should remain at Offutt, the president announces around this time that he is returning to Washington (see (4:00 p.m.) September 11, 2001).

Entity Tags: Dan Bartlett, Karl C. Rove, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after the 9/11 attacks, the NSA expands surveillance operations, relying on its own authorities; some sources indicate this includes a massive domestic data mining and call tracking program, and some contend that it is illegal. In a 2006 public briefing, NSA Director Michael Hayden will say, “In the days after 9/11, NSA was using its authorities and its judgment to appropriately respond to the most catastrophic attack on the homeland in the history of the nation.” Following an October 1 briefing by Hayden to the House Intelligence Committee, Representative Nancy Pelosi (D-CA) will write to Hayden on October 11, saying, “[Y]ou indicated that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance” (see October 11, 2001). Some evidence indicates NSA domestic surveillance began even before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
No Connection to Bush-Authorized Warrantless Domestic Call Monitoring - In his 2006 remarks, Hayden will clearly distinguish between the expansion he initiates under his own authorities, and the warrantless monitoring of calls with one end outside the US authorized later by President Bush (see October 4, 2001), saying, “[E]xcept that they involved NSA, these [Hayden-authorized] programs were not related… to the authorization that the president has recently spoken about.” [Michael Hayden, 1/23/2006]
'Stellar Wind' Is Name of Hayden-Authorized Program - In 2012 interviews, former NSA official William Binney will indicate that “Stellar Wind” is the name of the surveillance program initiated by Hayden. [Wired News, 2/15/2012; Democracy Now!, 4/20/2012] Some sources will refer to the Bush-authorized eavesdropping as being part of the Stellar Wind program. [Newsweek, 12/22/2008]
Differing Views on Authority for Surveillance - In his 2006 briefing, Hayden will say the Fourth Amendment only protects Americans against “unreasonable search and seizure,” and that 9/11 changed what was to be considered “reasonable.” Specifically, if communications are believed to have “[i]nherent foreign intelligence value,” interception of these communications is reasonable. In addition to referring to Hayden’s “view of [his] authorities” as “expansive,” Pelosi’s letter will give another indication that the NSA’s new standard is significantly broader than it was previously, stating, “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest.” Hayden will publicly clarify in 2006 that the authority for the NSA’s operational expansion exists under an Executive Order issued by President Reagan, saying, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” And, he will say, “I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities” (see October 1, 2001). In her October 11 letter, Pelosi will also write of having concerns about the program that haven’t been resolved due to restrictions on information-sharing with Congress imposed by Bush (see October 11, 2001). Binney, who pioneered the development of certain NSA data mining and surveillance technologies, will come to believe that what the NSA is doing is unconstitutional; he will first take his concerns to Congress (see Before October 31, 2001) and then resign on October 31 (see October 31, 2001). [Nancy Pelosi, 1/6/2006; Michael Hayden, 1/23/2006]
Surveillance Involves Domestic Communications - In his 2006 remarks, Hayden will not say the NSA is only targeting foreign communications under his post-9/11 authorization. Rather, the context of his remarks will indicate he is referring to domestic communications. More specifically, Hayden will state: “If the US person information isn’t relevant, the data is suppressed. It’s a technical term we use; we call it ‘minimized.’ The individual is not even mentioned. Or if he or she is, he or she is referred to as ‘US Person Number One’ or ‘US Person Number Two.’ Now, inherent intelligence value. If the US person is actually the named terrorist, well, that could be a different matter.” Hayden will also reveal that information is being passed to the FBI, an investigative agency with a primarily domestic jurisdiction, saying, “[A]s another part of our adjustment, we also turned on the spigot of NSA reporting to FBI in, frankly, an unprecedented way.” [Michael Hayden, 1/23/2006] One of Pelosi’s statements in her letter to Hayden may indicate an aspect of the domestic component: “You indicated that you were treating as a matter of first impression, [redacted] being of foreign intelligence interest,” she will write. [Nancy Pelosi, 1/6/2006] In a 2011 interview with Jane Mayer published in the New Yorker, Binney will say the NSA was obtaining “billing records on US citizens” and “putting pen registers [call logs] on everyone in the country.” [New Yorker, 5/23/2011] And in a 2012 Wired article, NSA expert James Bamford will write that Binney “explains that the agency could have installed its tapping gear at the nation’s cable landing stations—the more than two dozen sites on the periphery of the US where fiber-optic cables come ashore. If it had taken that route, the NSA would have been able to limit its eavesdropping to just international communications, which at the time was all that was allowed under US law. Instead it chose to put the wiretapping rooms at key junction points throughout the country—large, windowless buildings known as switches—thus gaining access to not just international communications but also to most of the domestic traffic flowing through the US.” Binney’s account is supported by other sources (see October 2001). [Wired News, 2/15/2012]
Surveillance Program Is Massive - Bamford, citing Binney, will write: “Stellar Wind… included not just eavesdropping on domestic phone calls but the inspection of domestic email. At the outset the program recorded 320 million calls a day, he says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” It is unclear exactly when this level of surveillance began. According to whistleblower AT&T employee Mark Klein, construction of secret rooms splitting communications traffic does not begin until Fall 2002 (see Fall 2002). Bamford will write that Binney says, “[T]he taps in the secret rooms dotting the country are actually powered by highly sophisticated software programs that conduct ‘deep packet inspection,’ examining Internet traffic as it passes through the 10-gigabit-per-second cables at the speed of light.” [Wired News, 2/15/2012] Also, Binney’s remark to Jane Mayer that the NSA was “putting pen registers on everyone in the country” indicates the broad scope of the program. [New Yorker, 5/23/2011]

Entity Tags: Religious Society of Friends (Quakers), US Department of Justice, National Security Agency, George W. Bush, Michael Hayden, Al-Qaeda, Foreign Intelligence Surveillance Court, House Intelligence Committee, Nancy Pelosi, Ronald Reagan

Timeline Tags: Civil Liberties

Ann Coulter.Ann Coulter. [Source: Universal Press Syndicate]Conservative columnist Ann Coulter writes an enraged op-ed for the National Review. Reflecting on the 9/11 attacks and the loss of her friend Barbara Olson in the attacks (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001), Coulter says America’s retribution should be immediate and generalized: “This is no time to be precious about locating the exact individuals directly involved in this particular terrorist attack. Those responsible include anyone anywhere in the world who smiled in response to the annihilation of patriots like Barbara Olson. We don’t need long investigations of the forensic evidence to determine with scientific accuracy the person or persons who ordered this specific attack. We don’t need an ‘international coalition.’ We don’t need a study on ‘terrorism.’ We certainly didn’t need a congressional resolution condemning the attack this week.” Coulter says a “fanatical, murderous cult”—Islam—has “invaded” the nation, welcomed by Americans and protected by misguided laws that prohibit discrimination and “‘religious’ profiling.” She blasts airport security measures that insist on checking every passenger—“[a]irports scrupulously apply the same laughably ineffective airport harassment to Suzy Chapstick as to Muslim hijackers. It is preposterous to assume every passenger is a potential crazed homicidal maniac. We know who the homicidal maniacs are. They are the ones cheering and dancing right now.” She concludes by calling for all-out vengeance: “We should invade their countries, kill their leaders and convert them to Christianity. We weren’t punctilious about locating and punishing only Hitler and his top officers. We carpet-bombed German cities; we killed civilians. That’s war. And this is war.” [National Review, 9/13/2001] In October 2002, Reason magazine’s Sara Rimensnyder will call Coulter’s screed “the single most infamous foreign policy suggestion inspired by 9/11.” [Reason Magazine, 10/2002]

Entity Tags: Ann Coulter, Sara Rimensnyder

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations, Domestic Propaganda, US Domestic Terrorism

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

Shortly after the 9/11 attacks, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz create a secretive, ad hoc intelligence bureau within the Pentagon that they mockingly dub “The Cabal.” This small but influential group of neoconservatives is tasked with driving US foreign policy and intelligence reporting towards the goal of promoting the invasion of Iraq. To this end, the group—which later is folded into the slightly more official Office of Special Plans (OSP) (see 2002-2003)—gathers and interprets raw intelligence data for itself, refusing the participation of the experts in the CIA and DIA, and reporting, massaging, manipulating, and sometimes falsifying that information to suit their ends. [New Yorker, 5/12/2003] In October 2005, Larry Wilkerson, Secretary of State Colin Powell’s chief of staff, will say of the Cabal and the OSP (see October 2005), “What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made. Now it is paying the consequences of making those decisions in secret, but far more telling to me is America is paying the consequences.” [Financial Times, 10/20/2005]

Entity Tags: Thomas Franks, Paul Wolfowitz, Office of Special Plans, “The Cabal”, Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, Douglas Feith, Lawrence Wilkerson, Defense Intelligence Agency, Donald Rumsfeld

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Domestic Propaganda

On September 12, 2001, President Bush spoke to counterterrorism “tsar” Richard Clarke and told him to look into possible Iraqi links to the 9/11 attacks (see September 12, 2001). Clarke works with CIA and FBI experts to make a report on the issue. [Vanity Fair, 5/2004, pp. 238] On September 18, Clarke sends a memo to National Security Adviser Condoleezza Rice entitled, “Survey of Intelligence Information on Any Iraq Involvement in the September 11 Attacks.” It passes along a few foreign intelligence reports, including a report just coming out of the Czech Republic alleging that hijacker Mohamed Atta met an Iraqi agent in Prague in April 2001. But it concludes there is no compelling case that Iraq had planned the 9/11 attacks. It further points out that allegations of any ties between al-Qaeda and the Iraqi government are weak, especially since bin Laden resents the secular nature of Saddam Hussein’s government. [9/11 Commission, 7/24/2004, pp. 335, 559] Clarke will later claim that the first draft of his memo was returned by National Security Adviser Rice or her deputy Stephen Hadley because it did not find any link between Iraq and al-Qaeda. He says, “It got bounced and sent back, saying ‘Wrong answer…. Do it again.’” Rice and Hadley will later deny that they asked to have the memo redone for this reason. Clarke does not know if Bush ever sees his report. “I don’t think he sees memos that he doesn’t-wouldn’t like the answer.” [Vanity Fair, 5/2004, pp. 238; 9/11 Commission, 7/24/2004, pp. 559]

Entity Tags: Richard A. Clarke, George W. Bush, Condoleezza Rice, Stephen J. Hadley

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

The Defense Policy Board (DPB) meets in secret in Defense Secretary Donald Rumsfeld’s Pentagon conference room on September 19 and 20 for 19 hours to discuss the option of taking military action against Iraq. [New York Times, 10/12/2001] They also discuss how they might overcome some of the diplomatic and political pressures that would likely attempt to impede a policy of regime change in Iraq. [New York Times, 10/12/2001] Among those attending the meeting are Rumsfeld, Deputy Defense Secretary Paul Wolfowitz, Princeton academic Bernard Lewis, Iraqi National Congress leader Ahmed Chalabi (see 1992-1996), Chalabi’s aide Francis Brooke, and the 18 members of the DPB. [New York Times, 10/12/2001; Vanity Fair, 5/2004, pp. 236; New Yorker, 6/7/2004] Defense Intelligence Agency official Patrick Lang will later call the DPB “a neocon[servative] sanctuary,” boasting such members as former House Speaker Newt Gingrich, former CIA Director James Woolsey, former arms control adviser Ken Adelman, former Undersecretary of Defense Fred Ikle, and former Vice President Dan Quayle. [Middle East Policy Council, 6/2004]
Powell, State Officials Not Informed of Meeting - Secretary of State Colin Powell and other State Department officials in charge of US policy toward Iraq are not invited and are not informed of the meeting. A source will later tell the New York Times that Powell was irritated about not being briefed on the meeting. [New York Times, 10/12/2001]
Chalabi, Lewis Lead Discussion - During the seminar, two of Richard Perle’s invited guests, Chalabi and Lewis, lead the discussion. Lewis says that the US must encourage democratic reformers in the Middle East, “such as my friend here, Ahmed Chalabi.” Chalabi argues that Iraq is a breeding ground for terrorists and asserts that Saddam Hussein’s regime has weapons of mass destruction. [Vanity Fair, 5/2004, pp. 232; Middle East Policy Council, 6/2004] He also asserts “there’d be no resistance” to an attack by the US, “no guerrilla warfare from the Ba’athists, and [it would be] a quick matter of establishing a government.” [New Yorker, 6/7/2004]
Overthrow of Hussein Advocated - Attendees write a letter to President Bush calling for the removal of Saddam Hussein. “[E]ven if evidence does not link Iraq directly to the attack [of 9/11], any strategy aiming at the eradication of terrorism and its sponsors must include a determined effort to remove Saddam Hussein from power in Iraq. Failure to undertake such an effort will constitute an early and perhaps decisive surrender in the war on international terrorism,” the letter reads. The letter is published in the Washington Times on September 20 (see September 20, 2001) in the name of the Project for the New American Century (PNAC), a neoconservative think tank that believes the US needs to shoulder the responsibility for maintaining “peace” and “security” in the world by strengthening its global hegemony. [Project for the New American Century, 9/20/2001; Manila Times, 7/19/2003] Bush reportedly rejects the letter’s proposal, as both Vice President Dick Cheney and Powell agree that there is no evidence implicating Saddam Hussein in the 9/11 attacks. [New York Times, 10/12/2001]
Woolsey Sent to Find Evidence of Hussein's Involvement - As a result of the meeting, Wolfowitz sends Woolsey to London to find evidence that Saddam Hussein was behind the 9/11 attacks and the earlier 1993 attack on the World Trade Center (see Mid-September-October 2001). [Middle East Policy Council, 6/2004]

Entity Tags: Newt Gingrich, Paul Wolfowitz, James Woolsey, Kenneth Adelman, Patrick Lang, Harold Brown, Defense Policy Board, Francis Brooke, Adm. David E. Jeremiah, Fred C. Ikle, Ahmed Chalabi, Dan Quayle, Bernard Lewis, Henry A. Kissinger, Donald Rumsfeld

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

Douglas Feith suggests in a draft memo [Washington Post, 8/7/2004] that the US should consider “hitting terrorists outside the Middle East in the initial offensive, perhaps deliberately selecting a non-al-Qaeda target like Iraq.” Other regions he proposes attacking include South America and Southeast Asia. He reasons that an initial attack against such targets would “surprise… the terrorists” and catch them off guard. [9/11 Commission, 7/24/2004, pp. 277, 533; Newsweek, 8/8/2004] According to Newsweek, the content of Feith’s memo derives from the work of the Counter Terrorism Evaluation Group (see Shortly After September 11, 2001), a project headed by Michael Maloof and David Wurmser. The group suggested that an attack on the remote Triborder region, where Paraguay, Argentina, and Brazil meet and where Iranian-backed Hezbollah is said to have a presence, would have a ripple effect among international Islamic militant groups. [Newsweek, 8/8/2004] Feith later says his memo merely expands upon ideas put forth by Defense Secretary Donald Rumsfeld in a memo (see September 19, 2001) the secretary wrote the day before to Gen. Henry Shelton, chairman of the Joint Chiefs of Staff. [Washington Post, 8/7/2004] The logic behind proposing strikes against targets outside of the Middle East, Feith says, was based on the need to “cast a wide net” and achieve “additional objectives,” such as creating fissures in the enemy network, highlighting “the global nature of the conflicts,” showing “seriousness of US military purpose,” and demonstrating that the “war would not be limited geographically to Afghanistan.” [Washington Post, 8/7/2004]

Entity Tags: David Wurmser, Douglas Feith, F. Michael Maloof

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

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo.John Yoo. [Source: University of California, Berkeley]In a secret 15-page memo to Deputy White House Counsel Timothy Flanigan, Justice Department lawyer John Yoo, a deputy in the Office of Legal Counsel, reasons that it is “beyond question that the president has the plenary constitutional power to take such military actions as he deems necessary and appropriate to respond to the terrorist attacks” of 9/11. Those actions can be extensive. “The president may deploy military force preemptively against terrorist organizations or the states that harbor or support them,” Yoo writes, “whether or not they can be linked to the specific terrorist incidents of Sept. 11.… Force can be used both to retaliate for those attacks, and to prevent and deter future assaults on the nation. Military actions need not be limited to those individuals, groups, or states that participated in the attacks on the World Trade Center and the Pentagon.” The memo is solicited and overseen by White House lawyers.
Power Derives from Constitution, Congressional Authorization for War - This power of the president, Yoo states, rests both on the US Congress’ Joint Resolution of September 14 (see September 14-18, 2001) and on the War Powers Resolution of 1973. “Neither statute, however, can place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” (Most experts believe that the Constitution strictly limits the president’s power to declare and conduct war—see 1787).
Power More Extensive than Congress Authorized - Yoo argues further that the September 14 resolution does not represent the limits to the president’s authority. “We think it beyond question” that Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” Congress’s “Joint Resolution is somewhat narrower than the president’s constitutional authority,” Yoo writes, as it “does not reach other terrorist individuals, groups, or states which cannot be determined to have links to the September 11 attacks.” The president’s broad power can be used against selected individuals suspected of posing a danger to the US, even though it may be “difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.” Yoo concludes: “[W]e do not think that the difficulty or impossibility of establishing proof to a criminal law standard (or of making evidence public) bars the president from taking such military measures as, in his best judgment, he thinks necessary or appropriate to defend the United States from terrorist attacks. In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
'Unenumerated' Presidential Powers - Yoo even asserts that the president has more power than his memo claims: “[T]he president’s powers include inherent executive powers that are unenumerated in the Constitution,” including but not limited to the power to take the country to war without Congressional input. [US Department of Justice, 9/25/2001; Savage, 2007, pp. 121-122]
Memo Remains Secret for Three Years - The contents of this memo are not disclosed until mid-December 2004. [Newsweek, 12/18/2004; Newsweek, 12/27/2004]

Entity Tags: John C. Yoo, Bush administration (43), US Department of Justice, Office of Legal Counsel (DOJ), Timothy E. Flanigan

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Events Leading to Iraq Invasion, Civil Liberties

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

National Review editor Jonah Goldberg announces that the magazine has dropped conservative pundit Ann Coulter’s column over her incendiary column that advocated the US indiscriminately bombing Muslim countries, slaughtering their leaders, and forcibly converting their populations to Christianity (see September 13, 2001). According to Goldberg, it was Coulter, not the National Review, who chose to sever the relationship through her unprofessional behavior. Goldberg calls Coulter a “smart and funny” writer who lost control of her emotions in the wake of the 9/11 attacks and the loss of her friend Barbara Olson (see (Between 9:15 a.m. and 9:25 a.m.) September 11, 2001) in the attacks. In retrospect, Goldberg says, it was a “mistake” to have run the column in the first place. Her response to the outpouring of criticism towards her column was what Goldberg calls “a long, rambling rant… that was barely coherent.” What Coulter needed was a good editor, Goldberg says, and National Review refused to run the response. Coulter responded angrily, denying that she hates Muslims and advocated forcible conversion. But, Goldberg says, the dispute was never over her content, but over her writing style. “Ann didn’t fail as a person—as all her critics on the Left say—she failed as WRITER [sic], which for us is almost as bad.” According to Goldberg, Coulter refused to continue the discussion with the National Review editors; instead she “proceeded to run around town bad-mouthing [the magazine] and its employees” and claimed to be the victim of censorship. At that point, Goldberg writes, it became incumbent to fire Coulter. “What’s Ann’s take on all this?” Goldberg continues. “Well, she told the Washington Post yesterday that she loves it, because she’s gotten lots of great publicity. That pretty much sums Ann up.” [National Review, 10/2/2001]

Entity Tags: Ann Coulter, National Review, Jonah Goldberg

Timeline Tags: Domestic Propaganda

The Justice Department’s John Yoo, an official in the Office of Legal Counsel (OLC), issues a secret opinion regarding legal statutes governing the use of certain interrogation techniques. The opinion will not be made public; its existence will not be revealed until October 18, 2007, when future OLC head Steven Bradbury will note its existence as part of an American Civil Liberties Union (ACLU) lawsuit. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ), Steven Bradbury

Timeline Tags: Civil Liberties

President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [Savage, 2007, pp. 127-128]

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

Nancy Pelosi.Nancy Pelosi. [Source: US Congress]House Minority Leader Nancy Pelosi (D-CA) writes to NSA Director Michael Hayden questioning the nature and extent of the apparently illegal warrantless wiretapping of US citizens by the agency. Pelosi and other members of the House Intelligence Committee were briefed on October 1, 2001, by Hayden, whose agency began conducting surveillance against US citizens after the 9/11 attacks (see After September 11, 2001). Pelosi will release the letter on January 6, 2006, three weeks after the New York Times revealed that the NSA had been conducting electronic surveillance of US citizens without warrants since at least 2002 (see December 15, 2005.) Pelosi’s office will also release Hayden’s response, but almost the entire letter from Hayden is redacted.
Letter to Hayden - Pelosi writes in part, “[Y]ou indicated [in the briefing] that you had been operating since the September 11 attacks with an expansive view of your authorities with respect to the conduct of electronic surveillance under the Foreign Intelligence Surveillance Act and related statutes, orders, regulations, and guidelines.… For several reasons, including what I consider to be an overly broad interpretation of President Bush’s directive of October 5 on sharing with Congress ‘classified or sensitive law enforcement information’ it has not been possible to get answers to my questions. Without those answers, the concerns I have about what you said on the First can not be resolved, and I wanted to bring them to your attention directly. You indicated that you were treating as a matter of first impression, [redacted ] being of foreign intelligence interest. As a result, you were forwarding the intercepts, and any information [redacted ] without first receiving a request for that identifying information to the Federal Bureau of Investigation. Although I may be persuaded by the strength of your analysis [redacted ] I believe you have a much more difficult case to make [redacted ] Therefore, I am concerned whether, and to what extent, the National Security Agency has received specific presidential authorization for the operations you are conducting. Until I understand better the legal analysis regarding the sufficiency of the authority which underlies your decision on the appropriate way to proceed on this matter, I will continue to be concerned.” The only portion of Hayden’s October 18 reply regarding Pelosi’s concerns that has not been redacted reads, “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” In January 2006, an NSA official will say that Pelosi’s concerns were adequately addressed in Hayden’s reply, and in a private briefing shortly thereafter. [Washington Post, 1/4/2006; Nancy Pelosi, 1/6/2006]
Pelosi Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Pelosi is apparently unaware of any of this.

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi

Timeline Tags: Civil Liberties

The Observer reports that investigators of the anthrax attacks (see October 5-November 21, 2001) believe Iraq is the prime suspect. One CIA source says, “They aren’t making this stuff in caves in Afghanistan. ‘This is prima facie evidence of the involvement of a state intelligence agency. Maybe Iran has the capability. But it doesn’t look likely politically. That leaves Iraq.” [Observer, 10/14/2001] However, this theory only remains the predominant one for a few days. On October 19, the New York Times is dismissive of the Iraq theory and suggests al-Qaeda or a disgruntled American loner could be behind the attacks instead (see October 19, 2001). In November, the American loner theory will become predominant (see November 10, 2001). But in late 2002, with war against Iraq growing increasingly likely, the Iraq theory appears to make a comeback (see October 28, 2002).

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
bullet The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
bullet The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
bullet According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
bullet The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]

Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy

Timeline Tags: Niger Uranium and Plame Outing

Nicolo Pollari, the newly appointed head of Italy’s intelligence agency SISMI, visits his counterparts at CIA headquarters in Langley, Virginia. Italian Prime Minister Silvio Berlusconi has pressured Pollari to give the US any information he has that would be useful for the US case for war with Iraq. As such, Pollari gives the CIA a dossier concerning the supposed uranium deal between Iraq and Niger, not the first time the CIA has received these documents (see October 15, 2001 and October 18, 2001). The actual forged documents are not in Pollari’s dossier. Although CIA analysts will call the report “very limited and lacking necessary detail,” the fact that Pollari himself delivers the dossier adds credibility to the information; as a result, the State Department will direct the US embassy in Niger to look into the allegations. [Unger, 2007, pp. 229]

Entity Tags: Central Intelligence Agency, Nicolo Pollari, US Department of State, Silvio Berlusconi, SISMI

Timeline Tags: Niger Uranium and Plame Outing

Vice President Cheney chairs a National Security Council meeting because President Bush is overseas. According to journalist Bob Woodward, who later interviews many participants in the meeting, the topic of the recent anthrax attacks is discussed (see October 5-November 21, 2001). CIA Director George Tenet suggests that al-Qaeda is behind the attacks. He also adds, “I think there’s a state sponsor involved. It’s too well thought out, the powder’s too well refined. It might be Iraq, it might be Russia, it might be a renegade scientist,” perhaps from Iraq or Russia. Vice President Cheney’s chief of staff I. Lewis Libby also suggests the anthrax attacks were state sponsored. “We’ve got to be careful on what we say. If we say it’s al-Qaeda, a state sponsor may feel safe and then hit us thinking they will have a bye because we’ll blame it on al-Qaeda.” Tenet replies, “I’m not going to talk about a state sponsor.” Vice President Cheney comments, “It’s good that we don’t, because we’re not ready to do anything about it.” [Woodward, 2002, pp. 244] No strong evidence will emerge tying the attacks to al-Qaeda or any state sponsor. The anthrax attacks still remain completely unsolved.

Entity Tags: George J. Tenet, Bob Woodward, National Security Council, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 2001 Anthrax Attacks

NSA Director Michael Hayden responds to an October 11 letter from Representative Nancy Pelosi (see October 11, 2001), expressing concerns about the NSA’s post-9/11 surveillance expansion (see After September 11, 2001) that Hayden outlined for the House Intelligence Committee on October 1 (see October 1, 2001), and asking whether the president authorized it. The substance of Hayden’s October 18 reply will be redacted, except for this statement: “In my briefing, I was attempting to emphasize that I used my authorities to adjust NSA’s collection and reporting.” [Nancy Pelosi, 1/6/2006] A January 4, 2006 report in the Washington Post will cite “intelligence official close to Hayden” as saying that “[Hayden’s] appearance on Oct. 1, 2001, before the House committee had been to discuss Executive Order 12333, and not the new NSA program,” and that “Pelosi’s concerns had been answered in writing and again several weeks later during a private briefing.” [Washington Post, 1/4/2006] In a January 23, 2006 public briefing, Hayden will say, “September 2001, I asked to update the Congress on what NSA had been doing, and I briefed the entire House Intelligence Committee on the 1st of October on what we had done under our previously existing authorities,” and, “These decisions were easily within my authorities as the director of NSA under and [sic] executive order; known as Executive Order 12333.” [Michael Hayden, 1/23/2006]
Nature of Hayden's EO 12333 Surveillance Program - The full scope of Hayden’s surveillance program is unclear, but some sources indicate it includes the wholesale collection and data-mining of phone records provided by telecom companies and placement of pen registers (call trackers) on domestic phone numbers (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, October 2001), and October 31, 2001). Some sources indicate the NSA began large-scale domestic surveillance activities prior to the 9/11 attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Michael Hayden, House Intelligence Committee, Nancy Pelosi, National Security Agency

Timeline Tags: Civil Liberties

Nicolo Pollari.Nicolo Pollari. [Source: Agence France-Presse]Nicolo Pollari, chief of Italian intelligence (SISMI), is reportedly disappointed with his attempts to communicate with US intelligence. (It is not clear from the reporting what exactly Pollari is dissappointed about. It has been interpreted to have meant that Pollari is disappointed about US intelligence’s refusal to take SISMI’s October 15 report seriously) Prime Minister Silvio Berlusconi had reportedly asked Pollari to establish closer relations with Washington (see Shortly after September 11, 2001). According to La Repubblica, the prime minister’s diplomatic advisor, Gianni Castellaneta, advises Pollari to look in “other directions.” The Italian minister of defense, Antonio Martino, invites Pollari to meet with American neoconservative Michael Ledeen, which he does in December (see December 9, 2001). [La Repubblica (Rome), 10/25/2005]

Entity Tags: Nicolo Pollari, Gianni Castellaneta, Michael Ledeen, Antonio Martino

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

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

A London Times article by Daniel McGrory claims that not only did Mohamed Atta meet with an Iraqi agent in Prague, but that “a special FBI team” is studying “a report from Prague that anthrax spores were given to Atta” during the meeting. Furthermore, “Saddam’s agents were spotted at various times this year with Atta in Germany, Spain, Italy and the Czech Republic,” and that Atta met with the agent in Prague at least four times. Additionally, an Iraqi intelligence agent in Rome was seen with Atta in Prague and Hamburg and then disappeared shortly before the 9/11 attacks. The article also alleges numerous meetings between Iraqi agents and Osama bin Laden, as well as a meeting between al-Qaeda second-in command Ayman Zawahiri and Iraqi Vice-President Taha Yasin Ramadan. Furthermore, al-Qaeda operatives were supposedly given advanced weapons training in Iraq supervised by Saddam Hussein’s son Uday Hussein. The article mentions no sources at all for these stunning allegations, except to refer to some other recent articles in a couple of cases. However, the article does mention former CIA Director James Woolsey, and it seems probable that Woolsey is a force behind the article, since he is in London at the time attempting to find evidence supporting the Prague meeting and Iraqi involvement in the anthrax attacks (see Mid-September-October 2001). [London Times, 10/27/2001] This article represents the height of the propaganda effort attempting to link al-Qaeda and the Iraqi government together. Many of the allegations in the article are never mentioned in any other newspaper article, and all of them will eventually be debunked.

Entity Tags: Ayman al-Zawahiri, Mohamed Atta, Osama bin Laden, Taha Yasin Ramadan, Uday Hussein

Timeline Tags: Events Leading to Iraq Invasion, 2001 Anthrax Attacks

A senior NSA official, having learned of the NSA’s post-9/11 domestic surveillance program and believing it to be illegal, takes his concerns to a staff member of the House Intelligence Committee. In a 2012 interview for Democracy Now!, William Binney, a former NSA technical director who served in the NSA for 36 years, will say that some of his staff had been recruited to work on the new program and told him of some of the things that were being done, which he believed were illegal. Binney will tell co-host Juan Gonzalez: “I immediately went to the Intelligence Committee, because… the intelligence committees were formed to have oversight over the intelligence community to make sure they didn’t monitor US citizens.… And the member of the staff that I went to went to Porter Goss, who was chairman of that committee at the time, and he referred her to General Hayden for any further. When it was the job of that committee to do the oversight on all this domestic spying, they weren’t doing it.” Soon after this, Binney retires from the NSA, due to his belief the NSA is violating the Constitution (see October 31, 2001). [Democracy Now!, 4/20/2012]

Entity Tags: Jane Mayer, House Intelligence Committee, William Binney, Michael Hayden, National Security Agency

Timeline Tags: Civil Liberties

Concerned that NSA post-9/11 surveillance operations violated the US Constitution, a senior NSA official reports on the program to House Intelligence Committee staff (see Before October 31, 2001), then retires. William Binney, a crypto-mathematician, had served in the NSA for 36 years. In 1997 he was made technical director of the World Geopolitical and Military Analysis Reporting Group, a 6000-employee unit that focused on signals intelligence (SIGINT) reporting and analysis. In the last part of his NSA career, Binney focused on dealing with the NSA’s problem of information overload, co-founding the Signals Intelligence Automation Research Center (SARC) and leading a 20-member team to develop a data-mining and analysis program called ThinThread. This program made it possible to “correlate data from financial transactions, travel records, Web searches, GPS equipment, and any other ‘attributes’ that an analyst might find useful,” and “could chart relationships among people in real time.” Unlike the NSA’s existing centralized data processing systems, ThinThread was able to identify useful or useless data as it was collected, reducing the overload problem. However, though it targeted foreign communications, ThinThread also intercepted those of Americans, and “continued documenting signals when a trail crossed into the US.” Binney incorporated measures to protect privacy, but NSA lawyers still considered the program too invasive, according to a 2011 article by Jane Mayer based on interviews with Binney and another NSA whistleblower, Thomas Drake. In 1999, NSA Director General Michael Hayden decided to fund a rival program, Trailblazer, which would be developed by defense contractors (see Late 1999). Trailblazer will be abandoned in 2006 as unworkable, after costing $1.2 billion (see January 2006). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012] In 2002, three NSA whistleblowers—Edward Loomis, J. Kirk Wiebe, and Binney—will ask the Pentagon to investigate the NSA for wasting “millions and millions of dollars” on Trailblazer. [Nation, 3/26/2013]
Post-9/11 NSA Surveillance Expansion - Binney will tell Mayer that, after the 9/11 attacks, his people began coming to him, saying things like: “They’re getting billing records on US citizens! They’re putting pen registers [call logs] on everyone in the country!” James Bamford will interview Binney in 2012 and write, “At the outset the program recorded 320 million calls a day, [Binney] says, which represented about 73 to 80 percent of the total volume of the agency’s worldwide intercepts.” Binney has not been personally “read in” to this domestic surveillance program, but some members of his SARC team have, as their knowledge of ThinThread code was needed to set it up. Binney became convinced elements of ThinThread were being used, but without privacy protections, meaning US persons could be targeted. Soon after learning these things, Binney takes his concerns to the House Intelligence Committee (see Before October 31, 2001), and retires on October 31. He will tell Mayer, “I couldn’t be an accessory to subverting the Constitution.” Other sources support Binney’s account of this NSA data-mining and monitoring program (see After September 11, 2001, October 11, 2001, After September 11, 2001, Late September, 2001, and October 2001). However, the claim that NSA domestic surveillance was initiated only after, and in response to, 9/11 is contradicted by information indicating that domestic monitoring programs and activities were established and conducted prior to 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [New Yorker, 5/23/2011; Wired News, 2/15/2012; Democracy Now!, 4/20/2012]
ThinThread 'Would Likely Have Prevented 9/11' - Despite ThinThread’s capacity to collect actionable intelligence, Hayden vetoed the idea of deploying the system three weeks before 9/11, in August 2001. According to the Loomis, Wiebe, and Binney, this decision “left the NSA without a system to analyze the trillions of bits of foreign SIGINT flowing over the Internet at warp speed, as ThinThread could do.” During the summer of 2001, when “the system was blinking red,” according to CIA Director George Tenet, the NSA “failed to detect critical phone and e-mail communications that could have tipped US intelligence to al-Qaeda’s plans to attack.” [Nation, 3/26/2013]

Entity Tags: Edward Loomis, World Geopolitical and Military Analysis Reporting Group, J. Kirk Wiebe, William Binney, Thomas Drake, House Intelligence Committee, James Bamford, Trailblazer, Jane Mayer, National Security Agency, Signals Intelligence Automation Research Center, Michael Hayden, Thinthread

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Richard Perle, chairman of the Defense Policy Board, says in a speech delivered at the Foreign Policy Research Institute’s annual dinner that Saddam Hussein “is busily at work on a nuclear weapon” and that “it’s simply a matter of time before he acquires nuclear weapons.” His assertion is based on information that was provided to him personally by Iraqi defector Khidir Hamza. According to Perle, Hamza said that after the Israeli strikes against Iraq’s Osirak reactor in 1981 (see June 7, 1981), Iraq built some 400 uranium enrichment facilities all over the country in order to protect its nuclear program from future attacks. “Some look like farmhouses, some of them look like classrooms, some of them look like warehouses. You’ll never find them. They don’t turn out much but every day they turn out a little bit of nuclear materials.” [Foreign Policy Research Institute, 11/14/2001]

Entity Tags: Khidir Hamza, Richard Perle

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).

Entity Tags: National Security Council, John Bellinger, John C. Yoo, US Department of Justice, Robert J. Delahunty, Office of Legal Counsel (DOJ)

Timeline Tags: US International Relations

Defense Policy Board member Richard Perle, discussing the US’s planned reaction to the 9/11 attacks, says that Iraq is next on the US’s military strike list. CNN anchor John King asks, “Next phase Saddam Hussein?” and Perle replies, “Absolutely.” The day before, on ABC, Perle explained why the US had to make such a move: “Weapons of mass destruction in the hands of Saddam Hussein, plus his known contact with terrorists, including al-Qaeda terrorists, is simply a threat too large to continue to tolerate.” And what would the upshot of such an invasion be? Perle tells his CNN listeners, “We would be seen as liberators in Iraq.” [PBS, 4/25/2007]

Entity Tags: ABC News, Richard Perle, CNN, Al-Qaeda

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

Timeline Tags: Niger Uranium and Plame Outing

The National Security Agency begins sending data—consisting of telephone numbers, e-mail addresses, and names—to the FBI that was obtained through surveillance of international communications originating within the US (see After September 11, 2001 and October 2001). The NSA sends so much data, in fact, that hundreds of agents are needed to investigate the thousands of tips per month that the data is generating. However, virtually all of this information leads to dead ends and/or innocent people. FBI officials repeatedly complain that the unfiltered information is bogging down the bureau: according to over a dozen current and former law enforcement and counterterrorism officials, the flood of tips provide them and their colleagues with very few real leads against terrorism suspect. Instead, the NSA data diverts agents from more productive work. Some FBI officials view the NSA data as pointless and likely illegal intrusions on citizens’ privacy. Initially, FBI director Robert Mueller asks senior administration officials “whether the program had a proper legal foundation,” but eventually defers to Justice Department legal opinions. One former FBI agent will later recall, “We’d chase a number, find it’s a schoolteacher with no indication they’ve ever been involved in international terrorism—case closed. After you get a thousand numbers and not one is turning up anything, you get some frustration.” A former senior prosecutor will add, “It affected the FBI in the sense that they had to devote so many resources to tracking every single one of these leads, and, in my experience, they were all dry leads. A trained investigator never would have devoted the resources to take those leads to the next level, but after 9/11, you had to.” Former NSA director Bobby Ray Inman says that the problem between the FBI and the NSA may stem in part from their very different approaches. Signals intelligence, the technical term for the NSA’s communications intercepts, rarely produces “the complete information you’re going to get from a document or a witness” in a traditional FBI investigation, he says. And many FBI officials are uncomfortable with the NSA’s domestic operations, since by law the NSA is precluded from operating inside US borders except under very specific circumstances. [New York Times, 1/17/2006]

Entity Tags: Federal Bureau of Investigation, National Security Agency, Bobby Ray Inman, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Manucher Ghorbanifar.Manucher Ghorbanifar. [Source: Ted Thai / Getty Images]The Bush administration sends two defense officials, Harold Rhode and Larry Franklin, to meet with Iranians in Rome in response to an Iranian government offer to provide information relevant to the war on terrorism. The offer had been backchanneled by the Iranians to the White House through Manucher Ghorbanifar, an Iranian arms trader and a central person in the Iran-Contra affair, who contacted another Iran-Contra figure, Michael Ledeen of the American Enterprise Institute. Ledeen passed the information on to his friends in the Defense Department who then relayed the offer to Deputy National Security Adviser Stephen Hadley. Hadley, who expressed no reservations about the proposed meeting, informed CIA Director George Tenet and Deputy Secretary of State Richard L. Armitage. According to officials interviewed by the New York Times, the United States Embassy in Rome was not notified of the planned meeting as required by standard interagency procedures. Neither the US embassy nor the CIA station chief in Rome learns of the three-day meeting until after it happens (see December 12, 2001). When they do catch wind of the meeting, they notify CIA and State Department headquarters in Washington which complain to the administration about how the meetings were arranged. [Newsday, 8/9/2003; Washington Post, 8/9/2003; New York Times, 12/7/2003] In addition to Ghorbanifar, Ledeen, Franklin, and Rhode, the meeting is attended by Nicolo Pollari, head of SISMI, and Antonio Martino, Italy’s minister of defense. [Washington Monthly, 9/2004]
Destabilizing the Iraqi Government - According to the Boston Globe, either at this meeting, a similar one in June (see June 2002), or both, Ledeen and Ghorbanifar discuss ways to destabilize the Iranian government, possibly using the Mujahedeen-e Khalq (MEK), a US-designated terrorist group, as a US proxy. [Boston Globe, 8/31/2004] The meetings are suspected of being an attempt by what investigative reporters Joshua Micah Marshall, Laura Rozen, and Paul Gastris will later call “a rogue faction at the Pentagon… trying to work outside normal US foreign policy channels to advance a ‘regime-change’ agenda.” The fact that MEK members attend the meetings adds weight to the claim. [Unger, 2007, pp. 234-235]
Italian Intelligence on Iraq-Niger Allegations - Additionally, according to an unnamed SISMI source, Pollari speaks with Ledeen about intelligence his agency has collected (see October 15, 2001) suggesting that Iraq made a deal with Niger to purchase several tons of uranium. SISMI already sent a report to Washington on the matter in mid-October (see October 15, 2001). Reportedly, Pollari has also approached CIA Station Chief Jeff Castelli about the report, but Castelli has since indicated he is not interested in the information. [La Repubblica (Rome), 10/25/2005]

Entity Tags: Manucher Ghorbanifar, People’s Mujahedin of Iran, Paul Gastris, Stephen J. Hadley, Michael Ledeen, Larry Franklin, Nicolo Pollari, Harold Rhode, Joshua Micah Marshall, Laura Rozen, George J. Tenet, Antonio Martino

Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Iran-Contra Affair, Neoconservative Influence, Niger Uranium and Plame Outing

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

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

Timeline Tags: Events Leading to Iraq Invasion

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: US Department of Justice, Alberto R. Gonzales, American Civil Liberties Union, John C. Yoo, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Two analysts in CIA’s WINPAC division review the Niger documents and notice some inconsistencies. But as they later explain to congressional investigators, they don’t see anything “jumping out at [them] that the documents [are] forgeries.” [Isikoff and Corn, 2006, pp. 164] By this time, at least three other US intelligence analysts, and one Italian journalist have reviewed the documents and raised questions about their authenticity (see Afternoon October 7, 2002, October 9, 2002, October 15, 2002, and Mid-October 2002).

Entity Tags: Central Intelligence Agency

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

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

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

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

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

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

Timeline Tags: Civil Liberties

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

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

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

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

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

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

Entity Tags: Saddam Hussein

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

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

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

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

Valerie Plame Wilson.Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]

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

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

The US Senate refuses to pass an amendment to the Voting Rights Act (VRA—see August 6, 1965, 1970, 1975, April 22, 1980, and June 29, 1989) that would restore voting rights to convicted felons who have completed their sentences throughout the nation. The amendment was strongly opposed by senators from former Confederate states, who voted 18-4 against the measure, and the amendment fails on a floor vote, 63-31. [US Senate, 2/14/2002 pdf file; ProCon, 10/19/2010]

Entity Tags: US Senate

Timeline Tags: Civil Liberties

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

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

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

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