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Context of '(6:50 a.m.-7:40 a.m.) September 11, 2001: 9/11 Hijacker Atta Observed at Boston’s Logan Airport Running Late for Plane?'

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The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

The NSA, working with British intelligence, begins secretly intercepting and reading millions of telegraph messages between US citizens and international senders and recipients. The clandestine program, called Operation Shamrock and part of a larger global surveillance network collectively known as Echelon (see April 4, 2001 and Before September 11, 2001), begins shortly after the end of World War II, and continues through 1975, when it is exposed by the “Church Committee,” the Senate investigation of illegal activities by US intelligence organizations (see April, 1976). [Telepolis, 7/25/2000] The program actually predates the NSA, originating with the Armed Forces Security Agency (AFSA) then continuing when that turned into NSA (see 1952). [Pensito Review, 5/13/2006] The program operates in tandem with Project Minaret (see 1967-1975). Together, the two programs spy on both foreign sources and US citizens, especially those considered “unreliable,” such as civil rights leaders and antiwar protesters, and opposition figures such as politicians, diplomats, businessmen, trades union leaders, non-government organizations like Amnesty International, and senior officials of the Catholic Church. The NSA receives the cooperation of such telecommunications firms as Western Union, RCA, and ITT. [Telepolis, 7/25/2000] (Those companies are never required to reveal the extent of their involvement with Shamrock; on the recommendations of Defense Secretary Donald Rumsfeld and presidential chief of staff Dick Cheney, in 1975 President Ford extends executive privilege to those companies, precluding them from testifying before Congress.) [Pensito Review, 5/13/2006] In the 1960s, technological advances make it possible for computers to search for keywords in monitored messages instead of having human analysts read through all communications. In fact, the first global wide-area network, or WAN, is not the Internet, but the international network connecting signals intelligence stations and processing centers for US and British intelligence organizations, including the NSA, and making use of sophisticated satellite systems such as Milstar and Skynet. (The NSA also builds and maintains one of the world’s first e-mail networks, completely separate from public e-mail networks, and highly secret.) At the program’s height, it operates out of a front company in Lower Manhattan code-named LPMEDLEY, and intercepts 150,000 messages a month. In August 1975, NSA director Lieutenant General Lew Allen testifies to the House of Representatives’ investigation of US intelligence activities, the Pike Committee (see January 29, 1976), that “NSA systematically intercepts international communications, both voice and cable.” He also admits that “messages to and from American citizens have been picked up in the course of gathering foreign intelligence,” and acknowledges that the NSA uses “watch lists” of US citizens “to watch for foreign activity of reportable intelligence interest.” [Telepolis, 7/25/2000] The Church Committee’s final report will will call Shamrock “probably the largest government interception program affecting Americans ever undertaken.” [Church Committee, 4/23/1976] Shortly after the committee issues its report, the NSA terminates the program. Since 1978, the NSA and other US intelligence agencies have been restrained in their wiretapping and surveillance of US citizens by the Foreign Intelligence Surveillance Act (see 1978). Admiral Bobby Ray Inman, who will become the NSA’s director in 1977, and who testifies before the Church Committee as director of Naval Intelligence, will later say that he worked actively to help pass FISA: “I became convinced that for almost anything the country needed to do, you could get legislation to put it on a solid foundation. There was the comfort of going out and saying in speeches, ‘We don’t target US citizens, and what we do is authorized by a court.’” [Pensito Review, 5/13/2006] Shamrock is considered unconstitutional by many US lawmakers, and in 1976 the Justice Department investigates potential criminal offenses by the NSA surrounding Shamrock. Part of the report will be released in 1980; that report will confirm that the Shamrock data was used to further the illegal surveillance activities of US citizens as part of Minaret. [Telepolis, 7/25/2000]
bullet After 9/11, the NSA will once again escalate its warrantless surveillance of US citizens, this time monitoring and tracking citizens’ phone calls and e-mails (see After September 11, 2001). It will also begin compiling an enormous database of citizens’ phone activities, creating a “data mine” of information on US citizens, ostensibly for anti-terrorism purposes (see October 2001).

Entity Tags: Western Union, Pike Committee, National Security Agency, Bobby Ray Inman, Church Committee, International Telephone and Telegraph, Radio Corporation of America

Timeline Tags: Civil Liberties

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

A three-judge federal appeals court unanimously rejects the government’s claim of unfettered executive privilege and secrecy in regards to classified documents (see October 19, 1951). In an opinion written by Judge Albert Maris, the court finds that the government’s claim that the judiciary can never compel the executive branch to turn over classified documents to be without legal merit. The plaintiffs in the case, three widows who lost their husbands in the crash of a B-29 bomber carrying classified materials (see June 21, 1949), had a compelling need for the documents in question, the downed B-29 accident reports, to further their case, Maris writes (see October 12, 1950).
No Legal Basis for Claim of Privilege - Maris goes further than the parameters of the single lawsuit, writing: “[W]e regard the recognition of such a sweeping privilege… as contrary to a sound public policy. The present cases themselves indicate the breadth of the claim of immunity from disclosure which one government department head has already made. It is but a small step to assert a privilege against any disclosure of records merely because they might prove embarrassing to government officials. Indeed, it requires no great flight of imagination to realize that if the government’s contentions in these cases were affirmed, the privilege against disclosure might gradually be enlarged… until as is the case in some nations today, it embraced the whole range of government activities.… We need to recall in this connection the words of [Revolution-era jurist] Edward Livingston: ‘No nation ever yet found any inconvenience from too close an inspection into the conduct of its officers, but many have been brought to ruin, and reduced to slavery, by suffering gradual imposition and abuses, which were imperceptible, only because the means of publicity had not been secured.’” He also quotes Revolutionary War figure Patrick Henry, who said, “[T]o cover with the veil of secrecy the common routine of business is an abomination in the eyes of every intelligent man and every friend to his country.”
Rejecting Claim of 'State Secrets' - Maris is even less respectful of the government’s claim of a “state secrets” privilege. He notes that the government did not make that claim until well into the lawsuit proceedings (see October 19, 1951), indicating that it was a “fallback” argument used after the original government arguments had failed. Maris is also troubled, as author Barry Siegel later writes, in the government’s “assertion of unilateral executive power, free from judicial review, to decide what qualified as secret.” The lower court judge’s ruling that he alone should be given the documents for review adequately protected the government’s security interests, Maris writes: “[But] the government contends that it is within the sole province of the secretary of the Air Force to determine whether any privileged material is contained in the documents and that his determination of this question must be accepted by the district court without any independent consideration.… We cannot accede to this proposition. On the contrary, we are satisfied that a claim of privilege against disclosing evidence… involves a justiciable question, traditionally within the competence of the courts.… To hold that the head of an executive department of the government in a [law]suit to which the United States is a party may conclusively determine the government’s claim of privilege is to abdicate the judicial function to infringe the independent province of the judiciary as laid down by the Constitution.”
Fundamental Principle of Checks and Balances - Maris continues: “The government of the United States is one of checks and balances. One of the principal checks is furnished by the independent judiciary which the Constitution established. Neither the executive nor the legislative branch of the government may constitutionally encroach upon the field which the Constitution has reserved for the judiciary.… Nor is there any danger to the public interest in submitting the question of privilege to the decision of the courts. The judges of the United States are public officers whose responsibilities under the Constitution is just as great as that of the heads of the executive departments.”
Government Appeal - The Justice Department will appeal the ruling to the US Supreme Court (see March 1952 and March 9, 1953). [Siegel, 2008, pp. 153-156]

Entity Tags: Albert Maris, US Department of Justice, Barry Siegel, US Supreme Court

Timeline Tags: Civil Liberties

1952: NSA Founded

The National Security Agency (NSA) is founded. It is the successor to the State Department’s “Black Chamber” and other military code-breaking and eavesdropping operations dating back to the earliest days of telegraph and telephone communications. It will eventually become the largest of all US intelligence agencies, with over 30,000 employees at its Fort Meade, Maryland, headquarters. It focuses on electronic surveillance, operating a large network of satellites and listening devices around the globe. More even than the CIA, the NSA is the most secretive of US intelligence organizations, [New York Times, 12/16/2005] The agency will remain little known by the general public until the release of the 1998 film Enemy of the State, which will portray the NSA as an evil “Big Brother” agency spying on Americans as a matter of course. [CNN, 3/31/2001] After it is disclosed during the 1970s that the NSA spied on political dissenters and civil rights protesters, the NSA will be restricted to operating strictly overseas, and will be prohibited from monitoring US citizens within US borders without special court orders. [New York Times, 12/16/2005]

Entity Tags: US Department of State, Central Intelligence Agency, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

Lawyers make their opening arguments before the Supreme Court in the case of US v Reynolds, the lawsuit that finds the government had no overarching right to unilaterally refuse to deliver classified documents in the course of a wrongful death lawsuit against the government (see December 11, 1951). The government has appealed the appellate court ruling to the Supreme Court (see March 1952). Because four of the nine justices had voted not to hear the case—in essence to let the appellate court ruling stand—the defense is cautiously optimistic about the Court’s decision.
Judiciary Has No Right to Interfere with Powers of the Executive, Government Argues - Acting Solicitor General Robert Stern tells the Court that the appellate judges’ decision, written by Judge Albert Maris, “is an unwarranted interference with the powers of the executive,” and that the decision forced the government to choose “whether to disclose public documents contrary to the public interest [or] to suffer the public treasury to be penalized” (a reference to the decision to award the plaintiffs monetary damages—see October 12, 1950). The judiciary “lack[s] power to compel disclosure by means of a direct demand [as well as] by the indirect method of an order against the United States, resulting in judgment when compliance is not forthcoming.”
Executive Has No Right to Unilaterally Withhold Information, Defense Counters - Stern’s arguments are countered by those of the plaintiffs’ lawyer, Charles Biddle, who writes, “We could rest our case with confidence on the clear opinion of Judge Maris,” but continues by arguing that if the government asserts a claim of executive privilege on the basis of national security, it must make the documents available to the Court for adjudication, or at least provide enough information for the Court to judge whether the documents present in fact a threat to national security if disclosed. This is particularly true, Biddle argues, “where there is no showing that the documents in question contain any military secret” (Biddle is unaware that the documents’ classification status had been reduced two years before—see September 14, 1950). “The basic question here is whether those in charge of the various departments of the government may refuse to produce documents properly demanded… in a case where the government is a party (see June 21, 1949), simply because the officials themselves think it would be better to keep them secret, and this without the Courts having any power to question the propriety of such decision.… In other words, say the officials, we will tell you only what we think it is in the public interest that you should know. And furthermore, we may withhold information not only about military or diplomatic secrets, but we may also suppress documents which concern merely the operation of the particular department if we believe it would be best, for purposes of efficiency or morale, that no one outside of the department, not even the Court, should see them.”
No Basis for Claims of Military Secrets - Biddle argues that because of responses he has received to his demands over the course of this lawsuit, he is relatively sure there are no military secrets contained within them. “[T]he proof is to the contrary,” he says, and goes on to say that had the Air Force disclosed from the outset that the plane crash, the fatal accident that sparked the original lawsuit (see October 6, 1948), was probably caused by pilot error and not by random chance, the plaintiffs may have never needed to ask for the disclosure of the documents in question, the accident reports on the crash (see October 18, 1948). “The secretary [of the Air Force]‘s formal claim of privilege said that the plane at the time was engaged in a secret mission and that it carried confidential equipment,” Biddle says, “but nowhere was it asserted that either had anything to do with the accident. The whole purpose of the demand by the respondents was for the purpose of finding out what caused the accident.… They were not in the least interested in the secret mission or equipment.” [Siegel, 2008, pp. 165-170]

Entity Tags: US Supreme Court, Albert Maris, Robert Stern, US Department of the Air Force, Charles Biddle

Timeline Tags: Civil Liberties

In their regular Saturday conference, the nine Supreme Court justices discuss the issues and arguments surrounding US v Reynolds (see October 21, 1952). According to the notes from the discussion, Chief Justice Fred Vinson, a strong advocate for expansive executive powers (see March 1952), says the case “boils down to Executive Branch determine privilege.” Other notes by Justice William O. Douglas suggest that Vinson isn’t convinced that the US must “be forced to pay for exercising its privilege” (see October 12, 1950). A straw vote taken at the end of the discussion shows five justices in favor of the government’s position to unilaterally withhold classified documents—overturning the appellate court decision (see December 11, 1951), and four in favor of allowing the decision to stand. [Siegel, 2008, pp. 171]

Entity Tags: Fred Vinson, US Supreme Court, William O. Douglas

Timeline Tags: Civil Liberties

Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

The CIA’s Technical Services Division (TSD) considers plans to undermine Fidel Castro’s charismatic appeal by sabotaging his speeches. At one point, there is discussion of spraying Castro’s broadcasting studio with a hallucinogenic chemical. The plan is taken of the shelf because the chemical is deemed unreliable. During this period, the TSD laces a box of cigars with a chemical that would produce temporary disorientation, hoping that he will smoke one of the cigars before giving a speech. In another instance, the TSD comes up with a scheme to dust Castro’s shoes with thallium salts during a trip outside of Cuba. The salts would cause his beard to fall out. The plan is abandoned when Castro cancels the trip. [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, Technical Services Division (TSD)

Timeline Tags: US-Cuba (1959-2005)

The CIA works with a high-level Cuban official, codenamed “AM/LASH,” on a plan to assassinate Fidel Castro and overthrow his government. In June 1965, the CIA ends its contact with AM/LASH and his associates, citing security concerns. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Timeline Tags: US-Cuba (1959-2005)

The CIA’s Task Force W devises two plans to assassinate Fidel Castro. The first one, involving an exploding sea shell that would be placed where Castro regularly dives, is dismissed by the CIA’s Technical Services Division (TSD) as impractical. In the second plan, James Donovan (who has been negotiating with Castro for the release of prisoners taken during the Bay of Pigs operation) would present Castro with a contaminated diving suit. TSD decides to give the plan a try. It purchases a diving suit and laces its breathing apparatus with tubercule bacillus. The suit itself is dusted with a fungus that is known to cause a chronic skin disease. But the suit never leaves the laboratory. [US Congress, 12/18/1975; Central Intelligence Agency Inspector General, 1/1996]

Entity Tags: Technical Services Division (TSD), James Donovan, Fidel Castro

Timeline Tags: US-Cuba (1959-2005)

US intelligence agencies, including the NSA, the CIA, and the FBI, run a clandestine and highly illegal surveillance operation called Project MINARET that uses “watch lists” to electronically and physically spy on “subversive” activities by civil rights and antiwar leaders such as Dr. Martin Luther King, Jr, Jane Fonda, Malcolm X, Dr. Benjamin Spock, and Joan Baez—all members of Richard Nixon’s infamous “enemies list.” [Patrick S. Poole, 8/15/2000; Pensito Review, 5/13/2006] MINARET operates in tandem with a much more extensive electronic surveillance operation, SHAMROCK, run by the NSA (see 1945-1975). Almost 6,000 foreigners and nearly 1,700 organizations and US citizens are monitored as part of MINARET. In August 1975, NSA director Lew Allen testifies before the Senate’s investigative commission on US intelligence activities, the Church Committee (see April, 1976), that the NSA has issued over 3,900 reports on the US citizens on MINARET’s watch lists, and the NSA’s Office of Security Services has maintained reports on at least 75,000 citizens between 1952 and 1975, reports that later became part of MINARET’s operations. MINARET, like SHAMROCK, will be terminated shortly after the Church Committee goes public with its information about the illegal surveillance program. [Bamford, 1983; Pensito Review, 5/13/2006]

Entity Tags: Malcolm Little, Central Intelligence Agency, Church Committee, Lew Allen, National Security Agency, Martin Luther King, Jr., Office of Security Services, Joan Baez

Timeline Tags: Civil Liberties

The NSA, following up on its successful pilot program of satellite-based intelligence gathering called “Canyon” (see 1968), develops a much more sophisticated satellite surveillance program called “Rhyolite.” Rhyolite, later renamed “Aquacade,” is a breakthrough in the world of signal intelligence (sigint). Most importantly, it can monitor microwave transmissions, used extensively by the Soviet Union for its most secure transmissions. Its possibilities, says one insider, are “mind-blowing.” Britain’s own security agency, GCHQ, is a full party to Rhyolite/Aquacade. Former Army sigint officer Owen Lewis recalls in 1997, “When Rhyolite came in, the take was so enormous that there was no way of handling it. Years of development and billions of dollars then went into developing systems capable of handling it.” The NSA will pass much of the information it gathers to the GCHQ for transcription and analysis. Subsequently, the NSA will deploy new and even more sophisticated surveillance systems, code-named “Chalet” and “Vortex.” In doing so, it constructs numerous listening stations on friendly foreign soil, including the Menwith Hill facility that will later become a linchpin of the satellite surveillance program known as Echelon (see February 27, 2000). The new programs will revitalize the lapsed sigint alliance between the US, Britain, Canada, Australia, and New Zealand (see July 11, 2001). [Federation of American Scientists, 7/17/1997]

Entity Tags: National Security Agency, Echelon, Rhyolite, Chalet, Government Communications Headquarters, Owen Lewis, Canyon

Timeline Tags: Civil Liberties

July 26-27, 1970: Nixon Rejects Huston Plan

After President Nixon approves of the so-called “Huston Plan” to implement a sweeping new domestic intelligence and internal security apparatus (see July 14, 1970), FBI director J. Edgar Hoover brings the plan’s author, White House aide Tom Charles Huston (see June 5, 1970), into his office and vents his disapproval. The “old ways” of unfettered wiretaps, political infiltration, and calculated break-ins and burglaries are “too dangerous,” he tells Huston. When, not if, the operations are revealed to the public, they will open up scrutiny of US law enforcement and intelligence agencies, and possibly reveal other, past illegal domestic surveillance operations that would embarrass the government. Hoover says he will not share FBI intelligence with other agencies, and will not authorize any illegal activities without President Nixon’s personal, written approval. The next day, Nixon orders all copies of the decision memo collected, and withdraws his support for the plan. [Reeves, 2001, pp. 236-237] W. Mark Felt, the deputy director of the FBI, later calls Huston “a kind of White House gauleiter over the intelligence community.” Washington Post reporter Bob Woodward will note that the definition of “gauleiter” is, according to Webster’s Dictionary, “the leader or chief officoal of a political district under Nazi control.” [Woodward, 2005, pp. 33-34]

Entity Tags: W. Mark Felt, Tom Charles Huston, J. Edgar Hoover, Federal Bureau of Investigation, Central Intelligence Agency, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

CIA Counterintelligence Director James Angleton.CIA Counterintelligence Director James Angleton. [Source: CI Centre.com]CIA Director James Schlesinger orders an internal review of CIA surveillance operations against US citizens. The review finds dozens of instances of illegal CIA surveillance operations against US citizens dating back to the 1950s, including break-ins, wiretaps, and the surreptitious opening of personal mail. The earlier surveillance operations were not directly targeted at US citizens, but against “suspected foreign intelligence agents operating in the United States.” Schlesinger is disturbed to find that the CIA is currently mounting illegal surveillance operations against antiwar protesters, civil rights organizations, and political “enemies” of the Nixon administration. In the 1960s and early 1970s, CIA agents photographed participants in antiwar rallies and other demonstrations. The CIA also created a network of informants who were tasked to penetrate antiwar and civil rights groups and report back on their findings. At least one antiwar Congressman was placed under surveillance, and other members of Congress were included in the agency’s dossier of “dissident Americans.” As yet, neither Schlesinger nor his successor, current CIA Director William Colby, will be able to learn whether or not Schlesinger’s predecessor, Richard Helms, was asked by Nixon officials to perform such illegal surveillance, though both Schlesinger and Colby disapproved of the operations once they learned of them. Colby will privately inform the heads of the House and Senate Intelligence Committees of the domestic spying engaged in by his agency. The domestic spying program was headed by James Angleton, who is still serving as the CIA’s head of counterintelligence operations, one of the most powerful and secretive bureaus inside the agency. It is Angleton’s job to maintain the CIA’s “sources and methods of intelligence,” including the prevention of foreign “moles” from penetrating the CIA. But to use counterintelligence as a justification for the domestic spying program is wrong, several sources with first-hand knowledge of the program will say in 1974. “Look, that’s how it started,” says one. “They were looking for evidence of foreign involvement in the antiwar movement. But that’s not how it ended up. This just grew and mushroomed internally.” The source continues, speaking hypothetically: “Maybe they began with a check on [Jane] Fonda. They began to check on her friends. They’d see her at an antiwar rally and take photographs. I think this was going on even before the Huston plan” (see July 26-27, 1970 and December 21, 1974). “This wasn’t a series of isolated events. It was highly coordinated. People were targeted, information was collected on them, and it was all put on [computer] tape, just like the agency does with information about KGB agents. Every one of these acts was blatantly illegal.” Schlesinger begins a round of reforms in the CIA, a program continued by Colby. [New York Times, 12/22/1974 pdf file]

Entity Tags: William Colby, Senate Intelligence Committee, Richard Helms, James Angleton, Jane Fonda, Nixon administration, Central Intelligence Agency, James R. Schlesinger, House Intelligence Committee

Timeline Tags: Civil Liberties

Former CIA director Richard Helms.Former CIA director Richard Helms. [Source: Search.com]Former CIA director Richard Helms indirectly confirms the involvement of the Nixon administration in his agency’s illegal domestic surveillance operations during his testimony before the Senate Watergate investigative committee. Helms tells the committee that he was told by Nixon’s Foreign Intelligence Advisory Board that the CIA could “make a contribution” in domestic intelligence operations. “I pointed out to them very quickly that it could not, there was no way,” Helms testifies. “But this was a matter that kept coming up in the context of feelers: Isn’t there somebody else who can take on these things if the FBI isn’t doing them as well as they should, as there are no other facilities?” (FBI director J. Edgar Hoover’s opposition to the idea of spying on US citizens for Nixon’s political purposes is well documented.) CIA officials say that, despite Helms’s testimony, Helms began the domestic spying program as asked, in the beginning to investigate beliefs that the antiwar movement was permeated by foreign intelligence agents in 1969 and 1970. “It started as a foreign intelligence operation and it bureaucratically grew,” one source says in 1974. “That’s really the answer.” The CIA “simply began using the same techniques for foreigners against new targets here.” The source will say James Angleton, the CIA’s director of counterintelligence (see 1973), began recruiting double agents inside the antiwar and civil rights organizations, and sending in “ringers” to penetrate the groups and report back to the CIA. “It was like a little FBI operation.” Angleton reportedly believes that both the protest groups and the US media are riddled with Soviet intelligence agents, and acts accordingly to keep those groups and organizations under constant watch. One source will say Angleton has a “spook mentality.” Another source will say that Angleton’s counterintelligence bureau is “an independent power in the CIA. Even people in the agency aren’t allowed to deal directly with the CI [counterintelligence] people. Once you’re in it, you’re in it for life.” [New York Times, 12/22/1974 pdf file]

Entity Tags: Senate Watergate Investigative Committee, Richard Helms, J. Edgar Hoover, James Angleton, Issuetsdeah

Timeline Tags: Civil Liberties, Nixon and Watergate

1974 New York Times headline.1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 pdf file]

Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom

Timeline Tags: Civil Liberties, Nixon and Watergate

Vice President Nelson Rockefeller (see December 19, 1974 and After) is instrumental in keeping Senate Democrats from finding out too much about the intelligence community’s excesses. When the New York Times reveals the existence of a decades-old illegal domestic surveillance program run by the CIA (see December 21, 1974), President Ford heads off calls from Democrats to investigate the program by appointing the “Rockefeller Commission” to investigate in the Democrats’ stead. Senate Democrats, unimpressed with the idea, create the Church Committee to investigate the intelligence community (see April, 1976). Rockefeller is adept at keeping critical documents out of the hands of the Church Committee and the press. When Senator Frank Church asks for materials from the White House, he is told that the Rockefeller Commission has them; when he asks Rockefeller for the papers, he is told that he cannot have them because only the president can authorize access. One Church aide later calls Rockefeller “absolutely brilliant” in denying them access in a friendly manner. “He winked and smiled and said, ‘Gee, I want to help you but, of course I can’t—not until we’ve finished our work and the president approves it,’” the aide recalls. Senator John Tower (R-TX), the vice chairman of the committee, will later reflect, “We were very skillfully finessed.” But even Rockefeller, who has his own history of involvement with the CIA, is taken aback at the excesses of the CIA, particularly its history of assassinating foreign leaders. Rockefeller will eventually turn that information over to the Church Committee, giving that body some of the most explosive evidence as yet made public against the agency. [US Senate, 7/7/2007]

Entity Tags: John Tower, Church Committee, Nelson Rockefeller, Central Intelligence Agency, Frank Church, Gerald Rudolph Ford, Jr, ’Rockefeller Commission’

Timeline Tags: Nixon and Watergate

Bella Abzug.Bella Abzug. [Source: Spartacus Educational]Staffers from the Church Committee (see April, 1976), slated with investigating illegal surveillance operations conducted by the US intelligence community, approach the NSA for information about Operation Shamrock (see 1945-1975). The NSA ostensibly closes Shamrock down the very same day the committee staffers ask about the program. Though the Church Committee focuses on a relatively narrow review of international cables, the Pike Committee in the House (see January 29, 1976) is much more far-ranging. The Pike Committee tries and fails to subpoena AT&T, which along with Western Union collaborated with the government in allowing the NSA to monitor international communications to and from the US. The government protects AT&T by declaring it “an agent of the United States acting under contract with the Executive Branch.” A corollary House subcommittee investigation led by Bella Abzug (D-NY)—who believes that Operation Shamrock continues under a different name—leads to further pressure on Congress to pass a legislative remedy. The Ford administration’s counterattack is given considerable assistance by a young lawyer at the Justice Department named Antonin Scalia. The head of the Office of Legal Counsel, Scalia’s arguments in favor of continued warrantless surveillance and the unrestricted rights and powers of the executive branch—opposed by, among others, Scalia’s boss, Attorney General Edward Levi—do not win out this time; Ford’s successor, Jimmy Carter, ultimately signs into law the Foreign Intelligence Surveillance Act (see 1978). But Scalia’s incisive arguments win the attention of powerful Ford officials, particularly Chief of Staff Donald Rumsfeld and Rumsfeld’s assistant, Dick Cheney. [Dubose and Bernstein, 2006, pp. 36-37] Scalia will become a Supreme Court Justice in 1986 (see September 26, 1986).

Entity Tags: Foreign Intelligence Surveillance Act, Church Committee, Bella Abzug, Antonin Scalia, AT&T, Donald Rumsfeld, Ford administration, National Security Agency, Western Union, James Earl “Jimmy” Carter, Jr., Edward Levi, Office of Legal Counsel (DOJ), Pike Committee, Richard (“Dick”) Cheney, US Department of Justice

Timeline Tags: Civil Liberties

Investigative journalist Seymour Hersh publishes an explosive story in the New York Times, revealing that US submarines are tapping into Soviet communications cables inside the USSR’s three-mile territorial limit. Hersh notes that his inside sources gave him the information in hopes that it would modify administration policy: they believe that using submarines in this manner violates the spirit of detente and is more risky than using satellites to garner similar information. The reaction inside both the Pentagon and the White House is predictably agitated. Chief of Staff Donald Rumsfeld, traveling in Europe with President Ford, delegates his deputy Dick Cheney to formulate the administration’s response. Cheney goes farther than most administration officials would have predicted. He calls a meeting with Attorney General Edward Levi and White House counsel Philip Buchan to discuss options. Cheney’s first thought is to either engineer a burglary of Hersh’s home to find classified documents, or to obtain search warrants and have Hersh’s home legally ransacked. He also considers having a grand jury indict Hersh and the Times over their publication of classified information. “Will we get hit with violating the 1st amendment to the constitution[?]” Cheney writes in his notes of the discussion. Levi manages to rein in Cheney; since the leak and the story do not endanger the spying operations, the White House ultimately decides to let the matter drop rather than draw further attention to it. Interestingly, Cheney has other strings to his bow; he writes in his notes: “Can we take advantage of [the leak] to bolster our position on the Church committee investigation (see April, 1976)? To point out the need for limits on the scope of the investigation?” [Dubose and Bernstein, 2006, pp. 34-35]

Entity Tags: Seymour Hersh, US Department of Defense, Ford administration, Edward Levi, Donald Rumsfeld, Church Committee, Richard (“Dick”) Cheney, Philip Buchan, New York Times, Gerald Rudolph Ford, Jr

Timeline Tags: Civil Liberties

The Senate Select Committee to Study Governmental Operations releases its report, “Alleged Assassination Plots Involving Foreign Leaders,” which finds “concrete evidence of at least eight plots involving the CIA to assassinate Fidel Castro from 1960 to 1965.” [US Congress, 12/18/1975]

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

Representative Otis Pike.Representative Otis Pike. [Source: Spartacus Educational]A House of Representatives committee, popularly known as the Pike Committee after its chairman, Otis Pike (D-NY), investigates questionable US intelligence activities. The committee operates in tandem with the Senate’s investigation of US intelligence activities, the Church Committee (see April, 1976). Pike, a decorated World War II veteran, runs a more aggressive—some say partisan—investigation than the more deliberate and politically balanced Church Committee, and receives even less cooperation from the White House than does the Church investigation. After a contentious year-long investigation marred by inflammatory accusations and charges from both sides, Pike refuses demands from the CIA to redact huge portions of the report, resulting in an accusation from CIA legal counsel Mitchell Rogovin that the report is an “unrelenting indictment couched in biased, pejorative and factually erroneous terms.” Rogovin also tells the committee’s staff director, Searle Field, “Pike will pay for this, you wait and see…. There will be a political retaliation…. We will destroy him for this.” (It is hard to know exactly what retaliation will be carried out against Pike, who will resign from Congress in 1978.)
Battle to Release Report - On January 23, 1976, the investigative committee voted along party lines to release the report unredacted, sparking a tremendous outcry among Republicans, who are joined by the White House and CIA Director William Colby in an effort to suppress the report altogether. On January 26, the committee’s ranking Republican, Robert McCory, makes a speech saying that the report, if released, would endanger national security. On January 29, the House votes 246 to 124 not to release the report until it “has been certified by the President as not containing information which would adversely affect the intelligence activities of the CIA.” A furious Pike retorts, “The House just voted not to release a document it had not read. Our committee voted to release a document it had read.” Pike threatens not to release the report at all because “a report on the CIA in which the CIA would do the final rewrite would be a lie.” The report will never be released, though large sections of it will be leaked within days to reporter Daniel Schorr of the Village Voice, and printed in that newspaper. Schorr himself will be suspended from his position with CBS News and investigated by the House Ethics Committee (Schorr will refuse to disclose his source, and the committee will eventually decide, on a 6-5 vote, not to bring contempt of Congress charges against him). [Spartacus Educational, 2/16/2006] The New York Times will follow suit and print large portions of the report as well. The committee was led by liberal Democrats such as Pike and Ron Dellums (D-CA), who said even before the committee first met, “I think this committee ought to come down hard and clear on the side of stopping any intelligence agency in this country from utilizing, corrupting, and prostituting the media, the church, and our educational system.” The entire investigation is marred by a lack of cooperation from the White House and the CIA. [Gerald K. Haines, 1/20/2003]
Final Draft Accuses White House, CIA of 'Stonewalling,' Deception - The final draft of the report says that the cooperation from both entities was “virtually nonexistent,” and accuses both of practicing “foot dragging, stonewalling, and deception” in their responses to committee requests for information. CIA archivist and historian Gerald Haines will later write that the committee was thoroughly deceived by Secretary of State Henry Kissinger, who officially cooperated with the committee but, according to Haines, actually “worked hard to undermine its investigations and to stonewall the release of documents to it.” [Spartacus Educational, 2/16/2006] The final report accuses White House officials of only releasing the information it wanted to provide and ignoring other requests entirely. One committee member says that trying to get information out of Colby and other CIA officials was like “pulling teeth.” For his part, Colby considers Pike a “jackass” and calls his staff “a ragtag, immature, and publicity-seeking group.” The committee is particularly unsuccessful in obtaining information about the CIA’s budget and expenditures, and in its final report, observes that oversight of the CIA budget is virtually nonexistent. Its report is harsh in its judgments of the CIA’s effectiveness in a number of foreign conflicts, including the 1973 Mideast war, the 1968 Tet offensive in Vietnam, the 1974 coups in Cyprus and Portugal, the 1974 testing of a nuclear device by India, and the 1968 invasion of Czechoslovakia by the Soviet Union, all of which the CIA either got wrong or failed to predict. The CIA absolutely refused to provide any real information to either committee about its involvement in, among other foreign escapades, its attempt to influence the 1972 elections in Italy, covert actions in Angola, and covert aid to Iraqi Kurds from 1972 through 1975. The committee found that covert actions “were irregularly approved, sloppily implemented, and, at times, had been forced on a reluctant CIA by the President and his national security advisers.” Indeed, the Pike Committee’s final report lays more blame on the White House than the CIA for its illegal actions, with Pike noting that “the CIA does not go galloping off conducting operations by itself…. The major things which are done are not done unilaterally by the CIA without approval from higher up the line.… We did find evidence, upon evidence, upon evidence where the CIA said: ‘No, don’t do it.’ The State Department or the White House said, ‘We’re going to do it.’ The CIA was much more professional and had a far deeper reading on the down-the-road implications of some immediately popular act than the executive branch or administration officials.… The CIA never did anything the White House didn’t want. Sometimes they didn’t want to do what they did.” [Gerald K. Haines, 1/20/2003]

Entity Tags: William Colby, Village Voice, Otis G. Pike, Robert McCory, Pike Committee, US Department of State, New York Times, Mitchell Rogovin, Ron Dellums, House Ethics Committee, Gerald Haines, Church Committee, Searle Field, Daniel Schorr, Henry A. Kissinger, Central Intelligence Agency, CBS News

Timeline Tags: Civil Liberties

President Ford issues Executive Order 11905, which limits the power of the CIA, the NSA, and military intelligence to engage in surveillance of US citizens. Perhaps its most well-known provision is a total ban on “political assassinations” by US government personnel. [Gerald R. Ford, 2/18/1976; Roberts, 2008, pp. 38] The provision is sparked by the Church Commission’s finding (see April, 1976) that assassination is “unacceptable in our society,” and a political embarassment, especially botched attempts such as the CIA’s efforts to kill Cuba’s Fidel Castro. [Grant J. Lilly, 4/6/2006]

Entity Tags: Church Commission, Gerald Rudolph Ford, Jr, National Security Agency, Central Intelligence Agency

Timeline Tags: Civil Liberties

Senator Frank Church.Senator Frank Church. [Source: Wally McNamee / Corbis]A Senate committee tasked to investigate the activities of US intelligence organizations finds a plethora of abuses and criminal behaviors, and recommends strict legal restraints and firm Congressional oversight. The “Church Committee,” chaired by Senator Frank Church (D-ID), a former Army intelligence officer with a strong understanding of the necessity for intelligence-gathering, notes in its final report that the CIA in particular had been overly cooperative with the Nixon administration in spying on US citizens for political purposes (see December 21, 1974); US intelligence agencies had also gone beyond the law in assassination attempts on foreign government officials in, among other places, Africa, Latin America, and Vietnam. Church himself accused the CIA of providing the White House with what, in essence, is a “private army,” outside of Congressional oversight and control, and called the CIA a “rogue elephant rampaging out of control.” The committee will reveal the existence of hitherto-unsuspected operations such as HT Lingual, which had CIA agents secretly opening and reading US citizens’ international mail, and other operations which included secret, unauthorized wiretaps, dossier compilations, and even medical experiments. For himself, Church, the former intelligence officer, concluded that the CIA should conduct covert operations only “in a national emergency or in cases where intervention is clearly in tune with our traditional principles,” and restrain the CIA from intervening in the affairs of third-world nations without oversight or consequence. CIA director William Colby is somewhat of an unlikely ally to Church; although he does not fully cooperate with either the Church or Pike commissions, he feels that the CIA’s image is badly in need of rehabilitation. Indeed, Colby later writes, “I believed that Congress was within its constitutional rights to undertake a long-overdue and thoroughgoing review of the agency and the intelligence community. I did not share the view that intelligence was solely a function of the Executive Branch and must be protected from Congressional prying. Quite the contrary.” Conservatives later blame the Church Commission for “betray[ing] CIA agents and operations,” in the words of American Spectator editor R. Emmett Tyrrell, Jr, referencing the 1975 assassination of CIA station chief Richard Welch in Greece. The chief counsel of the Church Committee accuses CIA defenders and other conservatives of “danc[ing] on the grave of Richard Welch in the most cynical way.” It is documented fact that the Church Commission exposed no agents and no operations, and compromised no sources; even Colby’s successor, George H.W. Bush, later admits that Welch’s death had nothing to do with the Church Committee. (In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.) [American Prospect, 11/5/2001; History Matters Archive, 3/27/2002; Assassination Archives and Research Center, 11/23/2002]
Final Report Excoriates CIA - The Committee’s final report concludes, “Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied.” The report is particularly critical of the CIA’s successful, and clandestine, manipulation of the US media. It observes: “The CIA currently maintains a network of several hundred foreign individuals around the world who provide intelligence for the CIA and at times attempt to influence opinion through the use of covert propaganda. These individuals provide the CIA with direct access to a large number of newspapers and periodicals, scores of press services and news agencies, radio and television stations, commercial book publishers, and other foreign media outlets.” The report identifies over 50 US journalists directly employed by the CIA, along with many others who were affiliated and paid by the CIA, and reveals the CIA’s policy to have “their” journalists and authors publish CIA-approved information, and disinformation, overseas in order to get that material disseminated in the United States. The report quotes the CIA’s Chief of the Covert Action Staff as writing, “Get books published or distributed abroad without revealing any US influence, by covertly subsidizing foreign publicans or booksellers.…Get books published for operational reasons, regardless of commercial viability.…The advantage of our direct contact with the author is that we can acquaint him in great detail with our intentions; that we can provide him with whatever material we want him to include and that we can check the manuscript at every stage…. [The agency] must make sure the actual manuscript will correspond with our operational and propagandistic intention.” The report finds that over 1,000 books were either published, subsidized, or sponsored by the CIA by the end of 1967; all of these books were published in the US either in their original form or excerpted in US magazines and newspapers. “In examining the CIA’s past and present use of the US media,” the report observes, “the Committee finds two reasons for concern. The first is the potential, inherent in covert media operations, for manipulating or incidentally misleading the American public. The second is the damage to the credibility and independence of a free press which may be caused by covert relationships with the US journalists and media organizations.”
CIA Withheld Info on Kennedy Assassination, Castro Plots, King Surveillance - The committee also finds that the CIA withheld critical information about the assassination of President John F. Kennedy from the Warren Commission, information about government assassination plots against Fidel Castro of Cuba (see, e.g., November 20, 1975, Early 1961-June 1965, March 1960-August 1960, and Early 1963); and that the FBI had conducted a counter-intelligence program (COINTELPRO) against Dr. Martin Luther King, Jr. and the Southern Christian Leadership Conference. Mafia boss Sam Giancana was slated to testify before the committee about his organization’s ties to the CIA, but before he could testify, he was murdered in his home—including having six bullet wounds in a circle around his mouth. Another committee witness, union leader Jimmy Hoffa, disappeared before he could testify. Hoffa’s body has never been found. Mafia hitman Johnny Roselli was murdered before he could testify before the committee: in September 1976, the Washington Post will print excerpts from Roselli’s last interview, with journalist Jack Anderson, before his death; Anderson will write, “When [Kennedy assassin Lee Harvey] Oswald was picked up, the underworld conspirators feared he would crack and disclose information that might lead to them. This almost certainly would have brought a massive US crackdown on the Mafia. So Jack Ruby was ordered to eliminate Oswald.” (Anderson’s contention has not been proven.) The murders of Giancana and Roselli, and the disappearance and apparent murder of Hoffa, will lead to an inconclusive investigation by the House of the assassinations of Kennedy and King. [Spartacus Educational, 12/18/2002]
Leads to FISA - The findings of the Church Committee will inspire the passage of the Foreign Intelligence Surveillance Act (FISA) (see 1978), and the standing committees on intelligence in the House and Senate. [Assassination Archives and Research Center, 11/23/2002]
Simultaneous Investigation in House - The Church Committee operates alongside another investigative body in the House of Representatives, the Pike Committee (see January 29, 1976).
Church Committee Smeared After 9/11 - After the 9/11 attacks, conservative critics will once again bash the Church Committee; former Secretary of State James Baker will say within hours of the attacks that the Church report had caused the US to “unilaterally disarm in terms of our intelligence capabilities,” a sentiment echoed by the editorial writers of the Wall Street Journal, who will observe that the opening of the Church hearings was “the moment that our nation moved from an intelligence to anti-intelligence footing.” Perhaps the harshest criticism will come from conservative novelist and military historian Tom Clancy, who will say, “The CIA was gutted by people on the political left who don’t like intelligence operations. And as a result of that, as an indirect result of that, we’ve lost 5,000 citizens last week.” [Gerald K. Haines, 1/20/2003]

Entity Tags: Washington Post, Tom Clancy, William Colby, Southern Christian Leadership Conference, R. Emmett Tyrrell, Richard M. Nixon, HT Lingual, George Herbert Walker Bush, Jack Anderson, Frank Church, Church Committee, Central Intelligence Agency, Federal Bureau of Investigation, Sam Giancana, Jack Ruby, James R. Hoffa, Pike Committee, Martin Luther King, Jr., James A. Baker, Lee Harvey Oswald, John F. Kennedy, Jim McClure, Johnny Roselli, Warren Commission

Timeline Tags: Civil Liberties

Interviewer David Frost has a difficult time with his subject, former President Richard Nixon, in the day’s early questioning (see April 6, 1977). Frost attempts to recoup with a line of questioning suggested by his adviser James Reston, Jr., one used in the trial of former Nixon aide John Ehrlichman (see January 1, 1975). Were there no limits to what a president can do, even if the president wants to do something plainly illegal? he asks. Could he do anything despite the law? Burglary? Forgery? Even murder? “If the president does it, that means it’s not illegal,” Nixon retorts. “Never had his imperialism been so baldly stated,” Reston will later reflect. Frost asks if the dividing line between, for example, a police burglary and the murder of an antiwar protester is only the president’s judgment? Nixon agrees, and adds: “There’s nothing specific that the Constitution contemplates in that respect. I haven’t read every word, every jot and every tittle, but I do know this: That it has been, however, argued that as far as a president is concerned, that in war time, a president does have certain extraordinary powers which would make acts that would otherwise be unlawful, lawful if undertaken for the purpose of preserving the nation and the Constitution, which is essential for the rights we’re all talking about.” [Time, 5/30/1977; Reston, 2007, pp. 102-105; Landmark Cases, 8/28/2007]

Entity Tags: Richard M. Nixon, David Frost, James Reston, Jr, John Ehrlichman

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

President Jimmy Carter issues Executive Order 12129, “Exercise of Certain Authority Respecting Electronic Surveillance,” which implements the executive branch details of the recently enacted Foreign Intelligence Surveillance Act of 1978 (FISA) (see 1978). [Jimmy Carter, 5/23/1979] The order is issued in response to the Iranian hostage crisis (see November 4, 1979-January 20, 1981). [Hawaii Free Press, 12/28/2005] While many conservatives will later misconstrue the order as allowing warrantless wiretapping of US citizens in light of the December 2005 revelation of George W. Bush’s secret wiretapping authorization (see Early 2002), [Think Progress, 12/20/2005] the order does not do this. Section 1-101 of the order reads, “Pursuant to Section 102(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(a)), the Attorney General is authorized to approve electronic surveillance to acquire foreign intelligence information without a court order, but only if the Attorney General makes the certifications required by that Section.” The Attorney General must certify under the law that any such warrantless surveillance must not contain “the contents of any communication to which a United States person is a party.” The order does not authorize any warrantless wiretapping of a US citizen without a court warrant. [Jimmy Carter, 5/23/1979; 50 U.S.C. 1802(a); Think Progress, 12/20/2005] The order authorizes the Attorney General to approve warrantless electronic surveillance to obtain foreign intelligence, if the Attorney General certifies that, according to FISA, the communications are exclusively between or among foreign powers, or the objective is to collect technical intelligence from property or premises under what is called the “open and exclusive” control of a foreign power. There must not be a “substantial likelihood” that such surveillance will obtain the contents of any communications involving a US citizen or business entity. [Federal Register, 2/4/2006]

Entity Tags: Foreign Intelligence Surveillance Act, George W. Bush, James Earl “Jimmy” Carter, Jr.

Timeline Tags: Civil Liberties

About 500 Iranian students take over the American Embassy in Tehran and hold 52 Americans hostage for 444 days. The Mujahedeen-e Khalq (MEK) is one of the groups that supports the take-over. [US Department of State, 4/30/2003; PBS, 1/15/2006]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iran-Contra Affair

Michael Barnes.Michael Barnes. [Source: Covington and Burling]Representative Michael Barnes (D-MD) is targeted by the NSA’s Echelon satellite surveillance program on orders from Reagan administration officials. Barnes, an outspoken opponent of Reagan’s Central American policies, had phone conversations with Nicaraguan officials intercepted and recorded, including one conversation between Barnes and the foreign minister of Nicaragua. Barnes learns of the surveillance after White House officials, apparently attempting to discredit Barnes, leaks transcripts of the taped conversations to reporters. CIA director William Casey shows Barnes a Nicaraguan embassy cable reporting a meeting between embassy staff and one of Barnes’s aides; Casey demands that Barnes fire the aide. Barnes refuses, noting that the aide had visited the embassy on legitimate business concerning international affairs. Barnes will say in 1995, “I was aware that NSA monitored international calls, that it was a standard part of intelligence gathering. But to use it for domestic political purposes is absolutely outrageous and probably illegal.” Former senator Dennis DeConcini (R-AZ) says he worries about the NSA spying on US citizens: “It has always worried me. What if that is used on American citizens? It is chilling. Are they listening to my private conversations on my telephone?” [Patrick S. Poole, 8/15/2000]

Entity Tags: Michael D. Barnes, Reagan administration, William Casey, National Security Agency, Dennis DeConcini, Echelon

Timeline Tags: Civil Liberties

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

Margaret Thatcher.Margaret Thatcher. [Source: UK Parliament]British prime minister Margaret Thatcher, displeased with two of her ministers for challenging her on unidentified policy matters, requests that they be placed under electronic surveillance. Because it is illegal for British intelligence to monitor its own citizens, the operation is handed over to the CSE, Canada’s national security agency. [Daily Iowan, 1/19/2006; Janczewski and Colarik, 2007, pp. 454] According to former CSE spy Mike Frost, who will publicly discuss the matter in 2000, Thatcher “had two ministers that she said ‘…weren’t onside.’” Thatcher, says Frost, “wanted to find out, not what these ministers were saying, but what they were thinking. So my boss, as a matter of fact, went to McDonald House in London and did intercept traffic from these two ministers.” Why CSE and not British intelligence? Because for the British to monitor their own government members would be illegal—so instead, they farm out such activities to their allies. “The British Parliament now have total deniability,” Frost says. “They didn’t do anything. They know nothing about it. Of course they didn’t do anything; we did it for them.” Frost will say there is no way to pin any blame or criminal charges on anyone in the British government. “The British Parliament now has total deniability,” Frost says. “They didn’t do anything… we did it for them.” [ZDNet, 2/25/2000; CBS News, 2/27/2000]

Entity Tags: Communications Security Establishment, Mike Frost, Government Communications Headquarters, Margaret Thatcher

Timeline Tags: Civil Liberties

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

Antonin Scalia.Antonin Scalia. [Source: Oyez.org]Appeals court judge Antonin Scalia is sworn in as an Associate Justice of the US Supreme Court. [Legal Information Institute, 7/30/2007] Although Scalia is an ardent social conservative, with strongly negative views on such issues as abortion and homosexual rights, Scalia and Reagan administration officials both have consistently refused to answer questions about his positions on these issues, as President Reagan did at his June announcement of Scalia’s nomination. [Ronald Reagan Presidential Library, 6/17/1986] Scalia’s nomination is, in the words of Justice Department official Terry Eastland, “no better example of how a president should work in an institutional sense in choosing a nominee….” Eastland advocates the practice of a president seeking a judiciary nominee who has the proper “judicial philosophy.” A president can “influence the direction of the courts through his appointments” because “the judiciary has become more significant in our politics,” meaning Republican politics. [Dean, 2007, pp. 132] Scalia is the product of a careful search by Attorney General Edwin Meese and a team of Justice Department officials who wanted to find the nominee who would most closely mirror Reagan’s judicial and political philosophy (see 1985-1986).

Entity Tags: Ronald Reagan, Edwin Meese, Antonin Scalia, Terry Eastland, US Department of Justice

Timeline Tags: Civil Liberties

Strom Thurmond.Strom Thurmond. [Source: US Government]Former Lockheed software manager Margaret Newsham, who worked at the Menwith Hill facility of the NSA’s Echelon satellite surveillance operation in 1979, says she heard a real-time phone intercept of conversations involving senator Strom Thurmond (R-SC). She was shocked, she recalls, because she thought only foreign communications were being monitored. Newsham, who was fired from Lockheed after she filed a whistleblower lawsuit alleging fraud and waste, tells the chairman of the House Intelligence Committee, Louis Stokes (D-OH), of the overheard conversations. In July, Capital Hill staffers will leak the story to the Cleveland Plain Dealer. Thurmond says he doesn’t believe Newsham’s story, but his office admits that it has previously received reports that Thurmond had been a target of NSA surveillance. Thurmond will decline to press for an investigation, and the reason for the surveillance has never been revealed. [CBS News, 2/27/2000; Patrick S. Poole, 8/15/2000]

Entity Tags: Strom Thurmond, National Security Agency, House Intelligence Committee, Louis Stokes, Echelon, Cleveland Plain Dealer, Lockheed Martin Corporation, Margaret Newsham

Timeline Tags: Civil Liberties

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Virginia BuckinghamVirginia Buckingham [Source: Publicity photo]Data compiled by the Federal Aviation Administration (FAA) shows that over this period Boston’s Logan Airport has one of the worst records for security among major US airports. Flight 11 and Flight 175 depart from Logan on 9/11. While it is only America’s eighteenth busiest airport, it has the fifth highest number of security violations. FAA agents testing its passenger screening are able to get 234 guns and inert hand grenades and bombs past its checkpoint guards or through its X-ray machines. Though it is possible that the high number of violations is because the FAA tests more frequently at Logan than elsewhere, an official later quoted by the Boston Globe says lax security is the only explanation, as all checkpoints at every major airport are meant to be tested monthly. In contrast, Newark Airport, from where Flight 93 departs on 9/11, has an above average security record. Washington’s Dulles Airport, from where Flight 77 takes off, is below average, though not as bad as Logan. Officials familiar with security at Logan will, after 9/11, point to various flaws. For example, the State Police office has no video surveillance of the airport’s security checkpoints, boarding gates, ramp areas, or perimeter entrances. [Boston Globe, 9/26/2001] Security cameras had been put into use at most US airports in the mid-1980s. When Virginia Buckingham takes over as executive director of Massachusetts Port Authority in 1999, she is surprised at the lack of cameras at Logan, and orders them that year. Yet by 9/11, they still will not have been installed. [Boston Herald, 9/29/2001; Boston Globe, 9/30/2001] In spite of Logan’s poor security record, after 9/11 the Boston Globe will report, “[A]viation specialists have said it is unlikely that more rigorous attention to existing rules would have thwarted the 10 hijackers who boarded two jets at Logan on Sept. 11.” [Boston Globe, 10/17/2001]

Entity Tags: Newark International Airport, Washington Dulles International Airport, Virginia Buckingham, Federal Aviation Administration, Logan International Airport

Timeline Tags: Complete 911 Timeline

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Fateh Kamel.Fateh Kamel. [Source: Radio Canada]The Al-Kifah Refugee Center in Brooklyn has an office in Zagreb, Croatia, also called the Al-Kifah Refugee Center, and the links between the two are very close. Both are connected to Maktab al-Khidamat/Al-Kifah in Pakistan, which is an al-Qaeda charity front. Hassan Hakim, deputy director of the Zagreb office, says his office is linked only to the Brooklyn office. This is important because the Zagreb office is closely involved in assisting mujaheddin in the Bosnian war and the Brooklyn office is closely linked to the CIA, suggesting the CIA could be assisting the Bosnia mujaheddin through the relationship between Brooklyn and Zagreb offices. [Washington Post, 8/3/1993; Kohlmann, 2004, pp. 41] The Zagreb office will remain open after the Brooklyn office is closed in the wake of the 1993 WTC bombing (see February 26, 1993), as all of the bombers were connected to that office. A Washington Post journalist who visits it in August 1993 describes it as being “housed in a modern, two-story building staffed by Arabs who identified themselves as Algerians.” [Washington Post, 8/3/1993] Like the Brooklyn office, the Zagreb office appears to be staffed with many militants involved in illegal activities:
bullet Fateh Kamel will reportedly be involved in many attacks and is considered a leader for Ahmed Ressam, who will attempt to bomb the Los Angeles airport (see December 14, 1999).
bullet Lionel Dumont is involved in numerous al-Qaeda plots, even as far afield as Japan.
bullet Hocine Senoussaoui is connected with Al-Gama’a al-Islamiyya and the GIA and will be arrested in France in 1996. [Kohlmann, 2004, pp. 164, 186, 189, 195]
bullet Kamar Eddine Kherbane, head of the Zagreb office, is a known al-Qaeda operative as well as a leader of an Algerian extremist group, and allegedly will be involved in the 9/11 attacks (see September 18-20, 2001).
bullet Hassan Hakim. A 1996 CIA report will say that he is a senior member of Algerian extremist groups and was arrested in France for weapons smuggling in July 1994.
bullet In 1996, a CIA report will say that an Algerian national connected to the Zagreb office is “preparing for an unspecified terrorist attack in Europe…” [Central Intelligence Agency, 1/1996]

Entity Tags: Lionel Dumont, Hocine Senoussaoui, Hassan Hakim, Kamer Eddine Kherbane, Al-Kifah Refugee Center, Fateh Kamel, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Mamoun Darkazanli several years after 9/11.Mamoun Darkazanli several years after 9/11. [Source: Reuters]According to CIA documents, US intelligence first becomes aware of Mamoun Darkazanli at this time, when a person arrested in Africa carrying false passports and counterfeit money is found with Darkazanli’s telephone number. Darkazanli is a Syrian businessman residing in Germany. The CIA carefully scrutinizes Darkazanli and his business dealings, but authorities are not able to make a case against him. [US Congress, 7/24/2003, pp. 185 pdf file] Many will later claim that Darkazanli is a member of the Hamburg al-Qaeda cell. He will associate with 9/11 hijackers Mohamed Atta, Marwan Alshehhi, and others (see October 9, 1999).

Entity Tags: Central Intelligence Agency, Mamoun Darkazanli

Timeline Tags: Complete 911 Timeline

The British newspaper The Independent publishes the first interview of Osama bin Laden in Western countries. Veteran journalist Robert Fisk interviews bin Laden in Sudan, where bin Laden is ostensibly living a peaceful life. Fisk does note that the “Western embassy circuit in Khartoum has suggested that some of the ‘Afghans’ whom this Saudi entrepreneur flew to Sudan are now busy training for further jihad wars in Algeria, Tunisia and Egypt,” but generally bin Laden is portrayed as a former mujaheddin fighter turned peaceful businessman. This is reflected in the title of the article: “Anti-Soviet Warrior Puts His Army on the Road to Peace.” Bin Laden talks some about his role in the Soviet-Afghan war, boasting that he helped thousands of mujaheddin go there to fight. Fisk comments, “When the history of the Afghan resistance movement is written, Mr. bin Laden’s own contribution to the mujaheddin - and the indirect result of his training and assistance - may turn out to be a turning-point in the recent history of militant fundamentalism…” Fisk tells bin Laden that his name has recently been mentioned by Muslim fighters in Bosnia. Bin Laden acknowledges his influence there, but complains about how difficult it is for fighters to cross into Bosnia. [Independent, 12/6/1993]

Entity Tags: Robert Fisk, Osama bin Laden

Timeline Tags: Complete 911 Timeline

The Communications Assistance for Law Enforcement Act (CALEA) takes effect. CALEA obliges telecommunications providers such as AT&T to give law enforcement agencies and US intelligence organizations the ability to wiretap any domestic or international telephone conversations carried over their networks. In more recent years, the law will be expanded to give law enforcement and intelligence agencies similar abilities to monitor Internet usage by US citizens. [Federal Communications Commission, 2/21/2007]

Entity Tags: Communications Assistance for Law Enforcement Act (CALEA), AT&T

Timeline Tags: Civil Liberties

Colonel Rodolfo Mendoza.Colonel Rodolfo Mendoza. [Source: Australian Broadcasting Corporation]As Colonel Mendoza, the Philippines investigator, continues to interrogate Operation Bojinka plotter Abdul Hakim Murad, details of a post-Bojinka “second wave” emerge. Author Peter Lance calls this phase “a virtual blueprint of the 9/11 attacks.” Murad reveals a plan to hijack commercial airliners at some point after the effect of Bojinka dies down. Murad himself had been training in the US for this plot. He names the ten or so buildings that would be targeted for attack:
bullet CIA headquarters.
bullet The Pentagon.
bullet An unidentified nuclear power plant.
bullet The Transamerica Tower in San Francisco.
bullet The Sears Tower in Chicago.
bullet The World Trade Center.
bullet John Hancock Tower in Boston.
bullet US Congress.
bullet The White House. [Washington Post, 12/30/2001; Lance, 2003, pp. 278-280; Playboy, 6/1/2005]
Murad continues to reveal more information about this plot until he is handed over to the FBI in April (see April-May 1995). He also mentions that ten suicide pilots have already been chosen and are training in the US (see February 1995-1996). Mendoza uses what he learns from Murad and other sources to make a flow chart connecting many key al-Qaeda figures together (see Spring 1995). Philippine authorities later claim that they provide all of this information to US authorities, but the US fails to follow up on any of it. [Lance, 2003, pp. 303-4] Sam Karmilowicz, a security official at the US embassy in Manila, Philippines during this time period, will later claim that just before Murad was deported to the US in early May, he picked up an envelope containing all that the Philippine government had learned from Murad. He then sent the envelope to a US Justice Department office in New York City. He believes Mike Garcia and Dietrich Snell, assistant US attorneys who will later prosecute Murad, almost certainly had access to this evidence (see Early 1998). [CounterPunch, 3/9/2006]

Entity Tags: Al-Qaeda, Ramzi Yousef, Rodolfo Mendoza, Hambali, Peter Lance, Dietrich Snell, Khalid Shaikh Mohammed, Mohammed Jamal Khalifa, Mike Garcia, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Clinton issues Executive Order 12949, which marginally extends the powers of the Justice Department to conduct warrantless surveillance of designated targets, specifically suspected foreign terrorists. Perhaps the most controversial aspect of the order comes in the first section, which reads, “Pursuant to section 302(a)(1) of the [Foreign Intelligence Surveillance] Act [FISA], the Attorney General is authorized to approve physical searches, without a court order, to acquire foreign intelligence information for periods of up to one year, if the Attorney General makes the certifications required by that section.” [US President, 2/9/1995] As with then-president Jimmy Carter’s own May 1979 order extending the Justice Department’s surveillance capabilities (see May 23, 1979), after George W. Bush’s warrantless domestic wiretapping program will be revealed in December 2005 (see December 15, 2005), many of that program’s defenders will point to Clinton’s order as “proof” that Clinton, too, exercised unconstitutionally broad powers in authorizing wiretaps and other surveillance of Americans. These defenders will point to the “physical search” clause in Clinton’s order to support their contention that, if anything, Clinton’s order was even more egregrious than anything Bush will order. This contention is false. [50 U.S.C. 1802(a); Think Progress, 12/20/2005] Under FISA, the Attorney General must certify that any such physical search does not involve the premises, information, material, or property of a United States person.” That means US citizens or anyone inside the United States. Clinton’s order does not authorize warrantless surveillance or physical searches of US citizens. [US President, 2/9/1995; Think Progress, 12/20/2005]

Entity Tags: US Department of Justice, James Earl “Jimmy” Carter, Jr., William Jefferson (“Bill”) Clinton, George W. Bush, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

Sheila E. Witnall, the secretary of the Air Force, declassifies all Air Force accident reports prior to January 25, 1956. The declassification includes the 1948 crash of the B-29 bomber that killed nine of 13 crew members during a secret “Project Banshee” mission (see October 6, 1948). The formerly classified reports had been at the heart of the case of US v Reynolds (see March 9, 1953) that sparked the so-called “state secrets” privilege. Four years after the declassification, the daughter of one of the slain civilians on board, Judy Palya Loether, finds the accident report on the Internet; the discovery spurs her to begin looking into the circumstances of her father’s death, and ultimately will result in a second lawsuit being filed on behalf of the families of the slain crewmen (see February 26, 2003). [Siegel, 2008, pp. 205-208]

Entity Tags: Project Banshee, Sheila E. Witnall, Judy Palya Loether, US Department of the Air Force

Timeline Tags: Civil Liberties

Law professor John Yoo writes a lengthy essay for the California Law Review entitled “The Continuation of Politics by Other Means: The Original Understanding of War Powers,” in which he argues that the Founding Fathers intended to empower presidents to launch wars without Congressional permission. Yoo has clerked for conservative judge Laurence Silberman and equally conservative Supreme Court Justice Clarence Thomas, and served for a year as counsel to then-Senate Judiciary Committee Chairman Orrin Hatch (R-UT). He has become a regular speaker at Federalist Society events, the informal but influential group of conservative lawyers, judges, and legal scholars who will come to have so much influence in the Bush administration. You argues that for generations, Constitutional scholars have misread the Constitution: the Founders actually supported, not repudiated, the British model of executive power that gave the king the sole power of declaring war and committing forces to battle. The Constitution’s granting of the legislature—Congress—the power to “declare war” is merely, Yoo writes, a reference to the ceremonial role of deciding whether to proclaim the existence of a conflict as a diplomatic detail. The Founders always intended the executive branch to actually declare and commence war, he writes. Most other Constitutional scholars will dismiss Yoo’s arguments, citing notes from the Constitutional Convention that show the Founders clearly intended Congress, not the president, to decide whether to commit the country to war. One of those Founders, James Madison, wrote in 1795 that giving a president the unilateral ability to declare war “would have struck, not only at the fabric of the Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.” [Savage, 2007, pp. 80-81] Yoo will go on to join the Bush administration’s Office of Legal Counsel, and write numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002).

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

Omar Nasiri, who informs on al-Qaeda for the British intelligence service MI6 and the French service Direction Générale de la Sécurité Extérieure (DSGE), makes contact with al-Qaeda logistics manager Abu Zubaida using a telephone bugged by MI6. Nasiri met Abu Zubaida in Pakistan (see Mid 1995-Spring 1996). Usually, when Nasiri calls the number, he talks to one of Abu Zubaida’s associates, but sometimes he talks to Abu Zubaida himself. The phone is used to relay messages between Abu Zubaida in Pakistan and al-Qaeda representatives in London, in particular leading imam Abu Qatada. The French will apparently make great use of this information (see October 1998 and After). [Nasiri, 2006, pp. 270-1, 273, 281]

Entity Tags: Direction Générale de la Sécurité Extérieure, Abu Zubaida, UK Secret Intelligence Service (MI6), Abu Qatada, Omar Nasiri

Timeline Tags: Complete 911 Timeline

The Federal Aviation Administration (FAA) finds at least 136 security violations at Boston’s Logan Airport between 1997 and early 1999. Flights 11 and 175 will depart from Logan on 9/11. Massachusetts Port Authority, which operates the airport, is fined $178,000 for these breaches, which include failing to screen baggage properly and easy access to parked planes. In summer 1999, a teenager is able to climb over the airport’s security fence, walk two miles across the tarmac, board a 747, and fly on it to London. In September 1999, the Boston Globe finds that doors are often left open at the airport, making it possible for potentially anyone to gain access to planes on the ground. [Boston Globe, 9/12/2001; Washington Post, 9/12/2001] After 9/11, an analysis by the Boston Globe will conclude that Logan’s security record is “dismal” (see 1991-2000). [Boston Globe, 9/26/2001]

Entity Tags: Massachusetts Port Authority, Logan International Airport, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline

Osama Basnan, a Saudi living in California, claims to write a letter to Saudi Arabian Prince Bandar bin Sultan and his wife, Princess Haifa bint Faisal, asking for financial help because his wife needs thyroid surgery. The Saudi embassy sends Basnan $15,000 and pays the surgical bill. However, according to University of California at San Diego hospital records, Basnan’s wife, Majeda Dweikat, is not treated until April 2000. [Los Angeles Times, 11/24/2002] Basnan will later come under investigation for possibly using some of this money to support two of the 9/11 hijackers who arrive in San Diego (see November 22, 2002), although the 9/11 Commission will conclude that evidence does not support these charges. [9/11 Commission, 6/16/2004]

Entity Tags: Osama bin Laden, Saudi Arabia, Osama Basnan, Haifa bint Faisal, Majeda Dweikat, Federal Bureau of Investigation, Bandar bin Sultan, 9/11 Commission, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right).Bombings of the Nairobi, Kenya, US embassy (left), and the Dar es Salaam, Tanzania, US embassy (right). [Source: Associated Press]Two US embassies in Africa are bombed within minutes of each other. At 10:35 a.m., local time, a suicide car bomb attack in Nairobi, Kenya, kills 213 people, including 12 US nationals, and injures more than 4,500. Mohamed al-Owhali and someone known only as Azzam are the suicide bombers, but al-Owhali runs away at the last minute and survives. Four minutes later, a suicide car bomb attack in Dar es Salaam, Tanzania, kills 11 and injures 85. Hamden Khalif Allah Awad is the suicide bomber there. The attacks will be blamed on al-Qaeda. [PBS Frontline, 2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] The Tanzania death toll is low because, remarkably, the attack takes place on a national holiday so the US embassy there is closed. [Miller, Stone, and Mitchell, 2002, pp. 195] The attack shows al-Qaeda has a capability for simultaneous attacks. The Tanzania bombing appears to have been a late addition, as one of the arrested bombers will allegedly tell US agents that it was added to the plot only about 10 days in advance. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001] A third attack against the US embassy in Uganda does not take place due to a last-minute delay (see August 7, 1998). [Associated Press, 9/25/1998] August 7, 1998, is the eighth anniversary of the arrival of US troops in Saudi Arabia and some people will speculate that this is the reason for the date of the bombings. [Gunaratna, 2003, pp. 46] In the 2002 book The Cell, reporters John Miller, Michael Stone, and Chris Mitchell will write: “What has become clear with time is that facets of the East Africa plot had been known beforehand to the FBI, the CIA, the State Department, and to Israeli and Kenyan intelligence services.… [N]o one can seriously argue that the horrors of August 7, 1998, couldn’t have been prevented.” They will also comment, “Inexplicable as the intelligence failure was, more baffling still was that al-Qaeda correctly presumed that a major attack could be carried out by a cell that US agents had already uncovered.” [Miller, Stone, and Mitchell, 2002, pp. 195, 206] After 9/11, it will come to light that three of the alleged hijackers, Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi, had some involvement in the bombings (see October 4, 2001, Late 1999, and 1993-1999) and that the US intelligence community was aware of this involvement by late 1999 (see December 15-31, 1999), if not before.

Entity Tags: Salem Alhazmi, Nawaf Alhazmi, Mohamed al-Owhali, Hamden Khalif Allah Awad, Khalid Almihdhar, Al-Qaeda, Azzam

Timeline Tags: Complete 911 Timeline

Mary Carol Turano is appointed director of the Federal Aviation Administration’s Boston Civil Aviation Security Field Office (CASFO). This is the office that oversees security at Logan Airport, from where Flights 11 and 175 depart on 9/11. Yet Turano has little experience in airport security, and has not even begun the basic training that all FAA special agents must undergo. During her tenure, according to an agent who is assigned to Logan, staff that document security violations become frustrated, as she allows violations to accumulate without taking appropriate action. After 9/11, it will be revealed that she lacks the identification badge necessary for unescorted access to secure areas. An official familiar with airport security procedures will comment, “An organization does well what a commander checks, and how can you check what they do if you don’t have a ramp access badge?” Turano is subsequently reassigned. [Associated Press, 9/29/2001; Boston Globe, 9/29/2001; WBUR (Boston), 10/4/2001; Thomas, 2003, pp. 61; 9/11 Commission, 3/11/2004 pdf file] Logan Airport’s poor record for security continues while she heads CASFO (see 1991-2000 and 1997-September 1999).

Entity Tags: Boston Civil Aviation Security Field Office, Mary Carol Turano, Federal Aviation Administration

Timeline Tags: Complete 911 Timeline

Omar al-Bayoumi.Omar al-Bayoumi. [Source: Saudi Government via Al Arabiya]The FBI conducts a counterterrorism inquiry on Omar al-Bayoumi, suspected al-Qaeda advance man, and possible Saudi agent. The FBI discovers he has been in contact with several people also under investigation. [US Congress, 7/24/2003 pdf file] The FBI is given a tip that he was sent a suspicious package filled with wire from the Middle East, and that large numbers of Arab men routinely meet in his apartment. His landlord notices that he switches from driving a beat up old car to a new Mercedes. [Newsweek, 7/28/2003] According to the 9/11 Congressional Inquiry, the FBI notes that al-Bayoumi has “access to seemingly unlimited funding from Saudi Arabia.” For instance, an FBI source identifies him as a person who has delivered about $500,000 from Saudi Arabia to buy a mosque in June 1998 (see June 1998). However, the FBI closes the inquiry “for reasons that remain unclear .” [US Congress, 7/24/2003 pdf file] Also in 1999, al-Bayoumi is working as an employee of the Saudi company Dallah Avco but apparently is doing no work. Someone in the company tries to fire him and sends a note to the Saudi government about this, since the company is so closely tied to the government. However, Mohammed Ahmed al-Salmi, the Director General of Civil Aviation, replies that it is “extremely urgent” his job is renewed “as quickly as possible,” and so he keeps his job. [Wall Street Journal, 8/11/2003]

Entity Tags: Mohammed Ahmed al-Salmi, Omar al-Bayoumi, Federal Bureau of Investigation, Dallah Avco

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Counterterrorism expert Rohan Gunaratna will later write that after the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), surveillance of al-Qaeda is stepped up around the world. “One intelligence officer attached to the French embassy in Islamabad, [Pakistan], urged his counterparts in foreign missions in Pakistan to detail the recipients of phone calls made by… al-Qaeda leader Abu Zubaida, then living in Peshawar, to individuals in their various countries.” As a result, “several governments [launch] investigations of their own.” [Gunaratna, 2003, pp. 245] A close associate of Zubaida in Peshawar at this time is Khalil Deek, who is actually a mole for the Jordanian government (see 1998-December 11, 1999). One such investigation is launched by the Philippine government on October 16, 1998, after being asked by French intelligence to gather intelligence on people in the Philippines in contact with Zubaida. Code named CoPlan Pink Poppy, the investigation reveals connections between al-Qaeda and the Moro Islamic Liberation Front (MILF), a Philippine militant group. On December 16, 1999, Abdesselem Boulanouar and Zoheir Djalili, two French Algerians belonging to the Algerian al-Qaeda affiliate the Salafist Group for Call and Combat (GSPC), are arrested due to information learned from monitoring Zubaida’s calls to the Philippines. Boulanouar is arrested at an airport carrying a terrorist training manual he admitted writing for the MILF. Both men also are arrested carrying explosive devices. French intelligence says Boulanouar had ties to Ahmed Ressam (see December 14, 1999), and like Ressam, may have been planning to carry out attacks at the turn of the millennium. He will be deported to France and imprisoned on terrorism related charges. CoPlan Pink Poppy will be canceled in 2000 for lack of funds. [Gulf News, 3/14/2000; Ressa, 2003, pp. 132-133; Gunaratna, 2003, pp. 245] However, while details are murky, it appears other governments continue to monitor Zubaida’s calls. Around the same time as the Philippines arrests, one militant in Jordan is even arrested while still in the middle of a phone call to Zubaida (see November 30, 1999). US intelligence will remain intensely focused on Zubaida before 9/11 (see Late March-Early April 2001 and May 30, 2001), and just days before 9/11 the NSA will monitor calls Zubaida is making to the US (see Early September 2001). It appears his calls will continue to be monitored after 9/11 as well (see October 8, 2001).

Entity Tags: Khalil Deek, Zoheir Djalili, Moro Islamic Liberation Front, Direction Générale de la Sécurité Extérieure, Abdesselem Boulanouar, Philippines, Abu Zubaida, Al-Qaeda, Ahmed Ressam, Salafist Group for Preaching and Combat

Timeline Tags: Complete 911 Timeline

Princess Diana at a mine field in Angola in 1997.Princess Diana at a mine field in Angola in 1997. [Source: Tim Graham / Corbis]The NSA admits that US intelligence agencies possess 1,056 pages of classified information regarding Britain’s Princess Diana. British tabloids portray the documents as rife with salacious information on Diana’s “most intimate love secrets” about her relationship with Egyptian billionaire Dodi al-Fayed, but the actual documentation may not be so lurid. The NSA recently denied a Freedom of Information request from the Internet news service APB Online about information it has collected on Diana, who died in a tragic car accident in 1997. (It is unclear whether US intelligence has any unreleased information about the circumstances of Diana’s death. [APB Online, 11/30/1998; Washington Post, 12/12/1998] The NSA has denied monitoring Diana on the night of her death, an allegation raised by The Observer in 2006.) [MSNBC, 12/11/2006] In the two-page letter denying the request, the NSA admits to possessing a “Diana file,” but refuses to divulge what is in that file. A US intelligence official says the information is made up of conversations between other people who mentioned Diana; the references to Diana in those intercepted conversations are “incidental.” The official says Diana was never a particular target of the NSA’s Echelon surveillance program. However, the NSA has classified 124 pages of the “Diana documents” as top secret “because their disclosure could reasonably be expected to cause exceptionally grave damage to the national security.” According to a recent report by the European Parliament, the NSA routinely monitors virtually “all e-mail, telephone and fax communications… within Europe” (see July 11, 2001). Intelligence expert Steven Aftergood of the Federation of American Scientists says “the US and our allies promiscuously collect electronic communications around the world. Whether the descriptions of Echelon are accurate or not, that much is definitely true.” Some believe that lurid snippets of information leaked to the British press regarding Diana’s affair with Fayed, and her ambivalent relationship with Prince Charles, may have come from Echelon wiretaps and surveillance. Another FAS scientist, John Pike, says the NSA and other US intelligence agencies may have been monitoring Diana to protect her from terrorist attacks. Pike says it is also possible she may have been monitored because of her involvement in banning land mines, a position opposed by the Pentagon. [APB Online, 11/30/1998; Washington Post, 12/12/1998] Former NSA official Wayne Madsen will say in 2000, “[W]hen NSA extends the big drift net out there, it’s possible that they’re picking up more than just her conversations concerning land mines. What they do with that intelligence, who knows?” [CBS News, 2/27/2000] In August 1999, the NSA will deny another Freedom of Information request about its “Diana file” from the British newspaper The Guardian. [Guardian, 8/6/1999]

Entity Tags: Steven Aftergood, Prince Charles, The Guardian, John Pike, Dodi al-Fayed, Echelon, Federation of American Scientists (FAS), National Security Agency, Princess Diana

Timeline Tags: Civil Liberties

On top is El-Hage’s business card for his fake charity, Help Africa People. Below is his card for his business Anhar Trading. On the lower left is a US address and on the lower right is Darkazanli’s address in Germany.On top is El-Hage’s business card for his fake charity, Help Africa People. Below is his card for his business Anhar Trading. On the lower left is a US address and on the lower right is Darkazanli’s address in Germany. [Source: CNN]The CIA first became interested in Mamoun Darkazanli in 1993 (see 1993). The FBI shows interest in Darkazanli after al-Qaeda operatives Wadih El Hage and Mamdouh Mahmud Salim (a.k.a. Abu Hajer) are arrested in late 1998 (see September 16, 1998-September 5, 2001 and September 16, 1998). According to FBI documents, Darkazanli’s fax and telephone numbers are discovered in El Hage’s address book. Darkazanli’s Deutsche Bank account number is found in the book as well. [CNN, 10/16/2001] El-Hage had created a number of shell companies as fronts for al-Qaeda activities, and one of these uses the address of Darkazanli’s apartment. [Chicago Tribune, 11/17/2002] Further, El-Hage’s business card shows Darkazanli’s Hamburg address. The FBI also discovers that Darkazanli has power of attorney over a bank account belonging to Salim, a high-ranking al-Qaeda member. El Hage will later be convicted for his role in the 1998 US embassy bombings, and Salim will remain in US custody. [New York Times, 6/20/2002; US Congress, 7/24/2003, pp. 157 pdf file] By this time, Darkazanli is associating with members of the Hamburg al-Qaeda cell, and may be a member of the cell himself.

Entity Tags: Wadih El-Hage, Mamoun Darkazanli, Mamdouh Mahmud Salim, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Richard Barlow, a former intelligence analyst who was repeatedly fired for correctly claiming that Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988 and August 4, 1989), is awarded a total of $1 million by President Bill Clinton in compensation for the treatment he received. However, Barlow does not receive the money, as the settlement has to be ratified by Congress. When it runs into procedural problems, it is moved to the Court of Federal Claims to be reviewed. After Clinton is replaced by George W. Bush, CIA Director George Tenet and NSA Director Michael Hayden assert the government’s “state secrets privilege” (see March 9, 1953) over Barlow’s entire legal claim, causing it to collapse due to lack of evidence. [Guardian, 10/13/2007]

Entity Tags: William Jefferson (“Bill”) Clinton, Richard Barlow, National Security Agency, Michael Hayden, Court of Federal Claims, Central Intelligence Agency, George J. Tenet

Timeline Tags: A. Q. Khan's Nuclear Network

Anwar al-Awlaki.Anwar al-Awlaki. [Source: Public domain]The FBI conducts a counterterrorism inquiry into Anwar al-Awlaki, an imam who will later be suspected of involvement in the 9/11 plot. He serves as the “spiritual leader” to several of the hijackers (see March 2001 and After), and by 2008 US intelligence will determine he is linked to al-Qaeda (see February 27, 2008).
bullet The investigation is opened when it is learned he had probably been visited by a “procurement agent” for bin Laden, Ziyad Khaleel. Khaleel had helped buy a satellite phone for bin Laden; when he is arrested in December 1999 he reportedly tells the FBI crucial details about al-Qaeda operations in the US (see December 29, 1999).
bullet In early 2000 the FBI is aware when al-Awlaki is visited by an unnamed close associate of Sheikh Omar Abdul-Rahman. [US Congress, 7/24/2003, pp. 131 pdf file; Washington Post, 2/27/2008]
bullet He also serves as vice president of the Charitable Society for Social Welfare (CSSW), the US branch of a Yemeni charity founded by Sheikh Abdul Majeed al-Zindani, a Yemeni imam who the US will officially designate a terrorist in 2004. CSSW also has ties to the Islamic Cultural Institute in Milan, Italy, considered one of the centers of al-Qaeda activity in Europe. The FBI begins investigating CSSW in 1999 after a Yemeni politician visits the US to solicit donations for the charity, and then visits Mahmoud Es Sayed, a known al-Qaeda figure at the Islamic Cultural Institute, on the same trip. [Burr and Collins, 2006, pp. 243; Washington Post, 2/27/2008]
bullet The FBI learns that al-Awlaki knows individuals from the suspect Holy Land Foundation and others involved in raising money for Hamas. Sources allege that al-Awlaki has even more extremist connections.
But none of these links are considered strong enough for criminal charges, and the investigation is closed. [9/11 Commission, 7/24/2004, pp. 517] Al-Awlaki is beginning to associate with hijackers Nawaf Alhazmi and Khalid Almihdhar shortly before the investigation ends. For instance, on February 4, one month before the FBI investigation is closed, al-Awlaki talks on the telephone four times with hijacker associate Omar al-Bayoumi. The 9/11 Commission will later speculate that these calls are related to Alhazmi and Almihdhar, since al-Bayoumi is helping them that day, and that Alhazmi or Almihdhar may even have been using al-Bayoumi’s phone at the time (see February 4, 2000). Al-Bayoumi had also been the subject of an FBI counterterrorism investigation in 1999 (see September 1998-July 1999).

Entity Tags: Omar al-Bayoumi, Ziyad Khaleel, Nawaf Alhazmi, Osama bin Laden, Mahmoud Es Sayed, Omar Abdul-Rahman, Islamic Cultural Institute, Abdul Mejid al-Zindani, 9/11 Congressional Inquiry, Anwar al-Awlaki, Khalid Almihdhar, Federal Bureau of Investigation, Charitable Society for Social Welfare

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

CIA Director George Tenet tells a closed session of Congress, “We have seen numerous reports that bin Laden and his associates are planning terrorist attacks against US officials and facilities in a variety of locations, including in the US.” [Coll, 2004, pp. 454] However, six months later and after a well-publicized attempted al-Qaeda attack on the Los Angeles airport (see December 14, 1999), he will not mention in an open session that bin Laden has the capability to stage attacks inside the US (see February 2, 2000).

Entity Tags: Osama bin Laden, US Congress, George J. Tenet

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

Diana Dean.Diana Dean. [Source: Seattle Times]Al-Qaeda operative Ahmed Ressam is arrested in Port Angeles, Washington, attempting to enter the US with components of explosive devices. One hundred and thirty pounds of bomb-making chemicals and detonator components are found inside his rental car. He subsequently admits he planned to bomb Los Angeles International Airport on December 31, 1999. [New York Times, 12/30/2001] Alert border patrol agent Diana Dean stops him; she and other agents nationwide had been warned recently to look for suspicious activity. Ressam’s bombing would have been part of a wave of attacks against US targets over the New Year’s weekend (see December 15-31, 1999). He is later connected to al-Qaeda and convicted. [US Congress, 9/18/2002; PBS Frontline, 10/3/2002]

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera.From left to right: Mokhtar Haouari, Abdelmajid Dahoumane, Abdel Ghani Meskini. The picture of Meskini is from an ATM camera. [Source: Public domain, public domain, and Seattle Times]In the wake of the arrest of Ahmed Ressam (see December 14, 1999), FBI investigators work frantically to uncover more millennium plots before the end of the year. US authorities also make a number of arrests.
bullet A telephone number found in Ressam’s pocket leads to Abdel Ghani Meskini, an Algerian living in New York City who had gone to Seattle to meet Ressam. Meskini is monitored and arrested in New York on December 30.
bullet One of Ressam’s credit cards leads to the arrest of Mokhtar Haouari, an Algerian living in Montreal, Canada. Meskini later cooperates with US investigators and is never charged, while Haouari will be sentenced to 24 years in prison. [Time, 2/7/2000; CNN, 1/16/2002; Wright, 2006, pp. 298]
bullet Another Algerian associate of Ressam’s, Abdelmajid Dahoumane, escapes to Afghanistan, but will eventually be caught by the Algerian government and convicted in Algeria. [PBS Frontline, 10/25/2001]
bullet Investigators believe that Mohamedou Ould Slahi, an al-Qaeda operative whose cousin is a top al-Qaeda leader, went to Canada to give the go-ahead for Ressam’s attack. Slahi is arrested several times overseas, but never charged (see January-April 2000). [CNN, 3/6/2002]
bullet Khalid Deek, a US citizen, is arrested around this time for masterminding another al-Qaeda millennnium plot (see December 11, 1999). But counterterrorism expert Rita Katz will later say Deek was a suspected mastermind of Ressam’s Los Angeles airport plot, too. [Orange County Register, 9/12/2005] Deek’s name and phone number is found in Ressam’s telephone book. Ressam knew Deek from bin Laden training camps in Afghanistan. Both of them, like most of Ressam’s group, have links to the GIA, an Algerian militant group associated with al-Qaeda. [Newsweek (International), 3/13/2000]
Others escape the US after hearing media reports of Ressam’s arrest. However, enough people are caught to stop additional millennium attacks. Counterterrorism “tsar” Richard Clarke later says, “I think a lot of the FBI leadership for the first time realized that… there probably were al-Qaeda people in the United States. They realized that only after they looked at the results of the investigation of the millennium bombing plot.” [PBS Frontline, 10/3/2002] Yet Clinton’s National Security Adviser Sandy Berger later claims that the FBI will still repeatedly assure the Clinton White House until Clinton leaves office that al-Qaeda lacks the ability to launch a domestic strike (see 2000).

Entity Tags: Mohamedou Ould Slahi, Sandy Berger, Khalil Deek, Mokhtar Haouari, Groupe Islamique Armé, Abdel Ghani Meskini, Al-Qaeda, Federal Bureau of Investigation, Richard A. Clarke, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

The FBI misses a chance to learn about Zacarias Moussaoui after a raid in Dublin, Ireland. On December 14, 1999, Ahmed Ressam was arrested trying to smuggle explosives into the US (see December 14, 1999). On December 21, Irish police arrest Hamid Aich and several other North African immigrants living in Dublin. [New York Times, 1/22/2000] During the arrests, police seize a large amount of documents relating to citizenship applications, identities, credit cards, and airplane tickets. A diagram of an electrical switch that could be used for a bomb is found that is identical to a diagram found in Ressam’s apartment in Vancouver, Canada. [Irish Times, 7/31/2002] The suspects are released about a day later, but, “Within days, authorities in Ireland and the United States began to realize that they might have missed a chance to learn more about a terrorist network.” [New York Times, 1/22/2000] It is discovered that Aich lived with Ressam in Montreal, and then later lived with him in Vancouver. Investigators conclude there has been an al-Qaeda cell in Dublin since the early 1990s, when the charity Mercy International opened an office there (this charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998) and also an alleged CIA connection (see 1989 and After)). The cell is mainly involved in providing travel and identity documents for other cells committing violent acts. Investigators also connect Aich to the Islamic Jihad. But the US and Canada do not seek Aich’s extradition, and instead have the Irish police keep him under surveillance. He will escape from Ireland shortly before 9/11 (see June 3, 2001-July 24, 2001). [New York Times, 1/22/2000; Irish Times, 7/31/2002] Apparently, many of the documents seized in the raid will only be closely examined after 9/11. Documents will show that in 1999 and 2000, Mustafa Ahmed al-Hawsawi, a top al-Qaeda financier, worked with the Dublin cell to finance Moussaoui’s international travel. Aich made travel arrangements and possibly provided fake identification for Moussaoui. [Fox News, 7/30/2002; Irish Times, 7/31/2002] Presumably, had these links been discovered after the 1999 raid instead of after 9/11, events could have gone very differently when Moussaoui was arrested in the US in August 2001 (see August 16, 2001).

Entity Tags: Zacarias Moussaoui, Al-Qaeda, Mercy International, Islamic Jihad, Hamid Aich, Ahmed Ressam, Federal Bureau of Investigation, Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Earlier in December, the CIA estimated that al-Qaeda would launch between five and 15 attacks against American targets around the world over the New Year’s weekend, and that several targets would likely be inside the US (see December 8, 1999). Since late 1999, there has been intelligence that targets in Washington and New York would be attacked at this time. [US Congress, 9/18/2002] There in fact are a number of planned attacks, including bomb attacks on the Boston and Los Angeles airports (see December 14, 1999 and December 15-31, 1999), a hotel in Jordan (see November 30, 1999), and a naval ship in Yemen (see January 3, 2000). However, all of the attacks are foiled, thanks to alerts and luck. [Washington Post, 1/20/2002]

Entity Tags: Central Intelligence Agency, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

In the wake of disrupting Ahmed Ressam’s millennium bomb plot at the end of 1999 and arresting his cohorts (see December 14, 1999) (see December 15-31, 1999), US intelligence remains concerned that al-Qaeda sleeper cells remain in the US (see March 10, 2000). However, Clinton’s National Security Adviser Sandy Berger later claims that the FBI still repeatedly assures the Clinton White House that al-Qaeda lacks the ability to launch a domestic strike. [New York Times, 9/22/2002] He says, “Until the very end of our time in office, the view we received from the [FBI] was that al-Qaeda had limited capacity to operate in the US and any presence here was under surveillance.” No analysis is done before 9/11 to investigate just how big that presence might be. [Washington Post, 9/20/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Sandy Berger, Central Intelligence Agency, Clinton administration

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

While in Thailand, 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi associate with three of the operatives who will later be involved in the bombing of the USS Cole (see October 12, 2000). The two hijackers arrive with Khallad bin Attash, who will command the Cole operation. The three of them come from Malaysia, where they were under surveillance by the CIA (see January 5-8, 2000 and January 8, 2000). While in Bangkok, bin Attash meets Cole bombers Fahad al-Quso and Ibrahim al-Thawar, who give bin Attash some money, possibly $36,000. Some of this may be passed to Alhazmi and Almihdhar. Under interrogation after 9/11, bin Attash will claim that, even though they all stay in the same hotel for part of the time (see (January 5-8, 2000)) the two groups do not meet. However, such statements are thought to be unreliable because of the methods used to extract them (see June 16, 2004). [9/11 Commission, 1/26/2004 pdf file; 9/11 Commission, 7/24/2004, pp. 159; Wright, 2006, pp. 312] Shown photographs of Alhazmi and Almihdhar after 9/11 by the FBI, al-Quso will say that he recognizes the two, but indicate that this may be because he met them at camps in Afghanistan. [New Yorker, 7/10/2006 pdf file] However, he is apparently photographed by Malaysian authorities standing next to Almihdhar in Kuala Lumpur (see (January 5-8, 2000)).

Entity Tags: Khalid Almihdhar, Ibrahim al-Thawar, Khallad bin Attash, Nawaf Alhazmi, Fahad al-Quso

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Omar al-Bayoumi.Omar al-Bayoumi. [Source: Fox News]Omar al-Bayoumi, a suspected Saudi spy, goes to great lengths to help future 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar settle in San Diego. Supposedly, al-Bayoumi meets them by chance in a Los Angeles restaurant and encourages them to move to San Diego, but the accounts of the meeting are highly doubtful (see February 1, 2000). The FBI’s “best source” in San Diego will later say that al-Bayoumi “must be an intelligence officer for Saudi Arabia or another foreign power.” A former top FBI official working on the al-Bayoumi investigation claims, “We firmly believed that he had knowledge [of the 9/11 plot], and that his meeting with them that day was more than coincidence.” [Newsweek, 7/28/2003]
bullet When Alhazmi and Almihdhar move into apartment 150 in the Parkwood Apartments in San Diego in early February, they indicate on their rental application that they have been staying at al-Bayoumi’s apartment in the same apartment complex since January 15, the day they arrived in the US (see January 15-February 2, 2000). (This would suggest the alleged accidental restaurant meeting never took place.) [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet He is the co-signer and guarantor for their rental application, because they do not have established credit. [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet He pays $1,500 cash for their first month’s rent and security deposit. Some FBI officials claim the hijackers immediately pay him back, others claim they do not. [Newsweek, 11/24/2002; US Congress, 7/24/2003 pdf file]
bullet The apartment manager will later claim al-Bayoumi occasionally paid rent for Alhazmi and Almihdhar on other occasions. [Federal Bureau of Investigation, 10/3/2001 pdf file]
bullet Shortly after they arrive in San Diego, al-Bayoumi throws a welcoming party to introduce them to the local Muslim community. [Washington Post, 12/29/2001] One attendee will later say an al-Bayoumi party “was a big deal… it meant that everyone accepted them without question.” [San Diego Union-Tribune, 10/25/2001]
bullet He also introduces hijacker Hani Hanjour to the community a short time later, and Hanjour is seen in his apartment later in the year (see Early 2000). [San Diego Union-Tribune, 9/14/2002]
bullet Cayson Bin Don, a friend of al-Bayoumi, will later say al-Bayoumi “spent a lot of time at Alhazmi and Almihdhar’s apartment.” [Federal Bureau of Investigation, 10/8/2001 pdf file]
bullet Al-Bayoumi apparently loans the hijackers his cell phone until they can get phone service in their own apartment. On February 15, 2000, someone trying to call al-Bayoumi on his phone has the call answered by Alhazmi instead. [9/11 Commission, 7/24/2004, pp. 516]
bullet He tasks an acquaintance, Mohdar Abdullah, to serve as their translator and help them get driver’s licenses, Social Security cards, information on flight schools, and more. [San Diego Union-Tribune, 9/14/2002; US Congress, 7/24/2003 pdf file]

Entity Tags: Hani Hanjour, Omar al-Bayoumi, Nawaf Alhazmi, Khalid Almihdhar, Federal Bureau of Investigation, Mohdar Abdullah, Cayson Bin Don

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Al-Qaeda leader Khallad bin Attash leaves Thailand and returns to Karachi, Pakistan. Bin Attash had come to Thailand with 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi (see January 8, 2000), who had departed for the US five days previously (see January 15, 2000). Bin Attash, Alhazmi, and Almihdhar had been under surveillance in Malaysia shortly before (see January 5-8, 2000) and were watchlisted around January 13 by the Thai authorities (see January 13, 2000), which are supposed to inform the US of the departure of the three men from Thailand. [9/11 Commission, 7/24/2004, pp. 159, 181; US Department of Justice, 11/2004, pp. 248 pdf file] The CIA is informed of bin Attash’s departure in early March, but he is traveling under an alias and the CIA does not connect the alias to bin Attash. [9/11 Commission, 1/26/2004, pp. 6 pdf file] Under interrogation after being captured by the US, bin Attash will say that after leaving Karachi he travels to Kandahar to meet Osama bin Laden. However, such statements are considered unreliable due to the methods used to extract them (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 159, 494]

Entity Tags: Central Intelligence Agency, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Judy Palya Loether.Judy Palya Loether. [Source: SecrecyFilm (.com)]Judy Palya Loether, the daughter of a civilian engineer killed in a 1948 plane crash while on a secret government mission (see October 6, 1948), reads over the voluminous reports of the accident that claimed her father’s life. The reports, now declassified (see January 1996), had been at the heart of a landmark lawsuit that gave judicial recognition to the government’s “state secrets” privilege (see March 9, 1953). Loether is shocked to find that the reports contain nothing that could be construed as military or tactical secrets of any kind, though for decades the government has insisted that they could not be revealed, even to a judge (see October 18, 1948, July 26, 1950, August 7-8, 1950, September 21, 1950, and October 19, 1951). What they do contain is a compendium of witness statements and expert findings that indicate a number of mistakes and errors led to the crash. Loether begins contacting the families of the widows who had filed the original lawsuit against the government (seeJune 21, 1949) to share her findings. [Siegel, 2008, pp. 210-211] Loether is confused and angered over the contents of the reports, and the government’s response to the lawsuit. She cannot understand why the government pressed so hard to keep the reports classified, knowing that they contained no sensitive information about the secret missile program, and is particularly troubled by the fact that at least two senior government officials signed affidavits affirming the reports’ inclusion of such information while knowing that the reports contained nothing of the sort. She wonders if government officials had perhaps decided to lie about the reports in order to establish some sort of state secrets privilege. In September 2002, lawyers Wilson Brown and Jeff Almeida, retained by Loether and others who lost family members in the crash, come to the same conclusion. As Almeida will say to Brown: “I’ve read this report. There’s nothing in there.” [Siegel, 2008, pp. 219] As time goes on, Loether and her colleagues files a second lawsuit seeking to overturn the first Supreme Court verdict (see February 26, 2003).

Entity Tags: Wilson Brown, Jeff Almeida, Judy Palya Loether

Timeline Tags: Civil Liberties

While 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar live in the Parkwood Apartments in San Diego in early 2000 and then possibly again before 9/11 (see Early September 2001), neighbors note unexplained late night car rides and visits. Time reports that a neighbor, “Nancy Coker, 36, saw them getting into limos late at night, even though the car that neighbors said they drove was a gray Toyota Camry, early ‘90s vintage. ‘A week ago, I was coming home between 12 and 1 a.m. from a club. I saw a limo pick them up. It wasn’t the first time. In this neighborhood you notice stuff like that. In the past couple of months, I have seen this happen at least two or three times.’” Note the comment, “a week ago,” which is further evidence the two are living in the Parkwood Apartments again just before 9/11 (see Early September 2001) [Time, 9/24/2001 Sources: Nancy Coker] Keith Link, a neighbor with a view of one of the apartments, referring to one of these hijackers, says, “People later in the evening would come and pick him up in really fancy nice cars, brand-new Lincolns. Everybody is friendly in this whole complex, except for that guy. Nobody knew him, nobody spoke to him.” Another neighbor, Sharon Flower, says, “I would see this man being picked up or dropped off at all hours of the day or night.” [San Diego Union-Tribune, 9/15/2001 Sources: Keith Link, Sharon Flower] A similar pattern is seen by neighbors when the hijackers live with FBI informant Abdussattar Shaikh in the neighborhood of Lemon Grove in late 2000. Neighbor Dave Eckler later explains, “There was always a series of cars driving up to the house late at night. Sometimes they were nice cars. Sometimes they had darkened windows. They’d stay about 10 minutes.” At the time, Eckler guesses they are selling fake IDs. [Time, 9/24/2001 Sources: Dave Eckler] Neighbor Marna Adair says, “People come and go at all hours. We’ve always thought there was something strange going on there.” Her daughter Denise Adair adds, “We thought it was a little weird, but we never thought this [i.e., the 9/11 attacks].” [Associated Press, 9/16/2001 Sources: Denise Adair, Marna Adair] There has never been any media speculation as to the meaning of these late night rides and official 9/11 investigations have never mentioned the issue.

Entity Tags: Abdussattar Shaikh, Nawaf Alhazmi, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar pay $3,000 for a 1998 Toyota Corolla in San Diego. Three days later, the California vehicle registration is made in Almihdhar’s correct name, but a false San Diego address is used. In June 2000, Almihdhar will transfer ownership of the car to Alhazmi just before Almihdhar leaves the US. Alhazmi will buy insurance for the car in October 2000. [Federal Bureau of Investigation, 10/2001, pp. 55, 67, 90 pdf file; Cox News Service, 10/21/2001] Alhazmi will get a speeding ticket while driving the car through Oklahoma in April 2001 (see April 1, 2001). The car’s license plate will be queried by police in New Jersey in July 2001 (see July 7, 2001). The car will be found outside Dulles Airport in Washington one day after 9/11 (see September 11-13, 2001). However, shortly before 9/11, an FBI agent assigned to find out if Alhazmi and Almihdhar are in the US will fail to find any records relating to this car, even though information on Alhazmi’s ownership of the car is in nationwide police and motor vehicle databases. He will also fail to check vehicle registration and license plate databases (see September 4-5, 2001 and September 5, 2001).

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to the 2008 charge sheet at his military tribunal, 9/11 facilitator Ali Abdul Aziz Ali speaks on the telephone to 9/11 hijacker Nawaf Alhazmi, who is living in San Diego at this time. The call or calls are apparently made at the direction of alleged 9/11 mastermind Khalid Shaikh Mohammed and are about a wire transfer from Ali to Alhazmi made in mid-April (see April 16-18, 2000). The source of the claim that the calls are made contained in the charge sheet is not specified, so it is unclear whether it is only based on statements made by detainees under interrogation, which may be unreliable (see June 16, 2004), or whether it is corroborated by other evidence, such as phone company records. [US Department of Defense, 2/11/2008 pdf file] At least some calls between Alhazmi and his partner, hijacker Khalid Almihdhar, and an al-Qaeda communications hub in Yemen are being monitored by the NSA at this point (see Spring-Summer 2000). However, it is unclear whether the call or calls to Ali are picked up by the NSA, or a joint CIA-NSA program to support “black ops” in progress at this time (see After July 11, 1997).

Entity Tags: Ali Abdul Aziz Ali, Nawaf Alhazmi, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Under interrogation after 9/11, al-Qaeda leader Khallad bin Attash will claim he met some of the 9/11 hijackers at Kandahar airport in Afghanistan in the summer of 2000. Although he will not be able to recall all of them, he will say the group includes Satam Al Suqami, Waleed and Wail Alshehri, Abdulaziz Alomari, Hamza Alghamdi, Salem Alhazmi, and Majed Moqed. He will say he was closest to Saeed Alghamdi, whom he convinced to become a martyr and whom he asked to recruit a friend, Ahmed Alghamdi, to the same cause. However, doubts will later be expressed about the reliability of such statements from prisoners like bin Attash, due to the methods used to obtain them (see June 16, 2004) [9/11 Commission, 7/24/2004, pp. 233-4] Al-Qaeda’s division of passports and host country issues is based at the airport and it alters passports, visas and identification cards. Some people involved in the plot will later be reported to have altered travel documents (see July 23, 2001). [9/11 Commission, 8/21/2004, pp. 56 pdf file] 9/11 hijacker Ahmed Alnami and would-be hijacker Mushabib al-Hamlan are also said to be at the same Kandahar camp, Al Farooq, and are assigned to guard the airport. [9/11 Commission, 7/24/2004, pp. 526] By the late 1990s, the Kandahar airport will become the main logistics lifeline for al-Qaeda and the Taliban to the outside world. One Ariana pilot will later recall, “I would see Arabs with [satellite] phones walking around the terminal, in touch with the Taliban at the highest levels.” On one occasion, he sees Taliban ruler Mullah Omar meeting in the middle of the airport with a rebel leader from Tajikistan, surrounded by aides. “There they were, cross-legged on their mats, chattering into cell phones.” [Farah and Braun, 2007, pp. 140] At this time, the Kandahar airport is being mainly used by Ariana Airlines, which has been completely co-opted by al-Qaeda and the Taliban, and aircraft companies controlled by international arms dealer Victor Bout (see 1998).

Entity Tags: Wail Alshehri, Waleed Alshehri, Mullah Omar, Khallad bin Attash, Ariana Airlines, Salem Alhazmi, Satam Al Suqami, Ahmed Alnami, Ahmed Alghamdi, Abdulaziz Alomari, Saeed Alghamdi, Majed Moqed, Mushabib al-Hamlan, Hamza Alghamdi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Hijacker Nawaf Alhazmi and one of his associates, Mohdar Abdullah, go to Los Angeles airport with hijacker Khalid Almihdhar, who is returning to the Middle East via Germany (see June 10, 2000). [9/11 Commission, 7/24/2004, pp. 222] Together with a third man, Alhazmi and Abdullah shoot videocamera footage there. They appear to be scouting out the airport and record secretly near the security area. The identity of the third man is not known, but he may be Khallam, an associate of Alhazmi and Almihdhar’s who they met the day before (see June 9, 2000). Al-Qaeda had plotted to bomb Los Angeles Airport not long before (see December 14, 1999). The tapes, which are not found until Abdullah is deported, will cause the FBI to re-start their investigation of him in 2006. [US District Court, Southern District of California, 10/29/2004 pdf file; MSNBC, 9/8/2006]

Entity Tags: Mohdar Abdullah, Federal Bureau of Investigation, Nawaf Alhazmi, Khallam

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to a post-9/11 confession obtained from 9/11 mastermind Khalid Shaikh Mohammed (KSM), al-Qaeda operative Khallad bin Attash persuades hijacker Khalid Almihdhar to return to Afghanistan to meet with KSM. At the meeting, Almihdhar complains about life in the US but says he is confident he will be able to obtain another visa, as he left the US before his first one expired. He also tells Mohammed about the problems he and Nawaf Alhazmi have had enrolling in language schools and says they believe they were monitored when they flew from Bangkok to the US in January 2000 (see January 15, 2000) (it is not clear who may have monitored them). Supposedly, KSM is angry that Almihdhar left the US without permission and wishes to exclude Almihdhar from the mission, but bin Laden himself intervenes and keeps Almihdhar involved. [9/11 Commission, 7/24/2004, pp. 237, 269; US District Court for the Eastern District of Virginia, 7/31/2006, pp. 20-21 pdf file] Doubts have been raised about the reliability of KSM’s confession, as it was obtained using torture (see June 16, 2004). According to author Ron Suskind, at one point interrogators even threaten to hurt KSM’s children, a seven-year-old boy and a nine-year-old girl, unless he provides more information. [Suskind, 2006, pp. 230]

Entity Tags: Osama bin Laden, Khallad bin Attash, Khalid Almihdhar, Nawaf Alhazmi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The US intelligence community has been monitoring al-Qaeda telephone communications to and from a communications hub in Yemen since the late 1990s (see Late August 1998). The CIA intercepts an al-Qaeda operative say in a monitored phone call that bin Laden is planning a “Hiroshima-type event” against the US. Failed millennium bomber Ahmed Ressam, who is arrested in late 1999 (see December 14, 1999), confirms at the time that al-Qaeda is preparing such an attack. [New York Times, 10/14/2001; PBS, 10/3/2002] This sets off an immediate but unsuccessful search for further evidence. Shortly after 9/11, the New York Times will report that “intelligence officials now acknowledge that they never imagined that Mr. bin Laden’s organization had the ability to kill thousands of people in coordinated attacks on the American homeland. Looking back through the prism of Sept. 11, officials now say that the intercepted message was a telling sign of a drastic shift in the ambitions and global reach of al-Qaeda during the last three years.” [New York Times, 10/14/2001] There apparently is another intercepted message talking about a “Hiroshima” event in the summer of 2001 (see Summer 2001).

Entity Tags: Al-Qaeda, Ahmed Ressam, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Yazeed al-Salmi lives with future 9/11 hijacker Nawaf Alhazmi for about a month in the San Diego house of an FBI informant. Alhazmi has lived in the house with Khalid Almihdhar and FBI informant Abdussattar Shaikh since May 2000 (see Mid-May-December 2000), but Almihdhar left to go overseas in June and did not return to San Diego (see June 10, 2000). Apparently there are no other new roommates for the rest of the time Alhazmi lives at the house until December 2000 except for al-Salmi. Al-Salmi moves in with Alhazmi and Shaikh just three days after arriving in the US on a student visa. Hijacker associate and suspected Saudi spy Omar al-Bayoumi, who nominally reports to al-Salmi’s uncle, Mohammed Ahmed al-Salmi of the Saudi Civil Aviation ministry, helped al-Salmi find the accommodation (see September 1998-July 1999). Curiously, al-Salmi was a childhood friend of 9/11 hijacker Hani Hanjour in Saudi Arabia. [KGTV 10 (San Diego), 10/11/2001; 9/11 Commission, 7/24/2004, pp. 222, 518; 9/11 Commission, 8/21/2004, pp. 139 pdf file] In early September, Alhazmi apparently helps al-Salmi cash some checks (see September 5, 2000). After al-Salmi moves out of the house, he moves into a nearby apartment with Modhar Abdullah and others. [9/11 Commission, 7/24/2004, pp. 222, 518] After 9/11, there will be reports that both al-Salmi and Abdullah may have had foreknowledge of the 9/11 attacks (see Late August-September 10, 2001).

Entity Tags: Abdussattar Shaikh, Mohammed Ahmed al-Salmi, Hani Hanjour, Yazeed al-Salmi, Omar al-Bayoumi, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Sam’s Star Mart gas station.Sam’s Star Mart gas station. [Source: Daniel Hopsicker]9/11 hijacker Nawaf Alhazmi works at a gas station while living in San Diego where other suspected Islamist militants work. This is the only apparent instance of any of the hijackers having a job while in the US. He and 9/11 hijacker Khalid Almihdhar frequently socialize at the gas station, but only Alhazmi works there for pay on and off for about a month at some point after Almihdhar has gone overseas in June 2000. [Washington Post, 12/29/2001; Los Angeles Times, 9/1/2002; US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file]
Gas Station's Owner Was Investigated - The Texaco gas station, Sam’s Star Mart, is owned by Osama “Sam” Mustafa. [San Diego Union-Tribune, 7/25/2003] Mustafa was first investigated by the FBI in 1991 after he told a police officer that the US needed another Pan Am 103 attack and that he could be the one to carry out the attack. He also said all Americans should be killed because of the 1991 Iraq War. In 1994, he was investigated for being a member of the Palestinian organizations PFLP and PLO and for threatening to kill an Israeli intelligence officer living in San Diego. The investigation was closed, but reopened again in 1997 when he was tied to a possible plot in North Carolina. Apparently, it was closed again before 9/11. He also associates with Osama Basnan and others who have contacts with the hijackers. Witnesses later claim he cheered when he was first told of the 9/11 attacks. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file]
Gas Station's Manager Was Also Investigated - The gas station is managed by Ed Salamah (who apparently is also known as Iyad Kreiwesh). [Washington Post, 12/29/2001; San Diego Union-Tribune, 7/25/2003] In January 2000, the brother of an unnamed, known al-Qaeda operative was under surveillance and was seen chatting with Salamah. The Los Angeles FBI office was investigating this operative, and it called Salamah about the person. Salamah refused to come to Los Angeles for an interview, and refused to give his home address to be interviewed there. Faced with a reluctant witness, the FBI dropped the matter. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file; Newsweek, 7/28/2003]
Other Gas Station Employees May Know of 9/11 Plot - Mohdar Abdullah, a friend of Alhazmi and Almihdhar, also works at the gas station around this time. He may have learned of the 9/11 plot as early as the spring of 2000 (see Early 2000). Additionally, according to one witness, Abdullah, Osama Awadallah, Omar Bakarbashat, and other gas station employees will appear to show foreknowledge of the 9/11 attacks one day before they take place (see Late August-September 10, 2001). [9/11 Commission, 7/24/2004, pp. 219-220, 249-50, 532]
FBI Informant Stays Silent - The hijackers are living with an FBI informant named Abdussattar Shaikh who is aware of their contact with at least Mustafa, and Shaikh has given reports about Mustafa to the FBI in the past. However, Shaikh fails to tell the FBI about their contacts with him. The 9/11 Congressional Inquiry will later strongly imply that Salamah and Mustafa assisted the hijackers with the 9/11 plot, but the FBI will appear uninterested in them and will maintain that the hijackers received no assistance from anyone. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] Shaikh will also later admit that he knew Alhazmi was working illegally at the gas station, but he didn’t tell his FBI handler about this (see Autumn 2000).

Entity Tags: Mohdar Abdullah, Khalid Almihdhar, Federal Bureau of Investigation, Osama Awadallah, Nawaf Alhazmi, Ed Salamah, Osama Basnan, Osama (“Sam”) Mustafa, Omar Bakarbashat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Yazeed al-Salmi.Yazeed al-Salmi. [Source: Channel 10 News]A total of $1,900 is deposited in 9/11 hijacker Nawaf Alhazmi’s Bank of America account from a set of traveler’s checks worth $4,000 that were issued in Riyadh, Saudi Arabia on July 16, 2000 to a man named Yazeed al-Salmi. The same day, Alhazmi withdraws $1,900. US investigators will therefore later hypothesize that Alhazmi is just helping al-Salmi cash the checks, since al-Salmi does not open a US bank account of his own until September 11, 2000. Al-Salmi arrived in San Diego on a student visa on August 7, 2000 and moved in with Alhazmi and FBI counterterrorism informant Abdussattar Shaikh three days later, staying for about one month (see August 10-September 2000 and Mid-May-December 2000). After 9/11, the FBI will detain al-Salmi as a material witness and question him because of his contacts with Alhazmi, and he will testify before a grand jury before being deported to Saudi Arabia. However, al-Salmi does not mention the traveler’s checks in the interrogation and the FBI will not find out about them until after he is deported. Also, another associate of the hijackers, Mohdar Abdullah, will later claim that al-Salmi tells him he previously knew hijacker pilot Hani Hanjour as a child in Saudi Arabia (see (Early 2000-November 2000)). When the FBI interviews al-Salmi again, in Saudi Arabia in 2004, he will claim he no longer remembers the $1,900 transaction, and the FBI will fail to ask him about his alleged childhood ties to Hanjour. [9/11 Commission, 7/24/2004, pp. 222, 518; 9/11 Commission, 8/21/2004, pp. 139 pdf file; Time, 8/22/2004] There are later indications that al-Salmi and some of his associates have some foreknowledge of 9/11 (see Late August-September 10, 2001).

Entity Tags: Nawaf Alhazmi, Mohdar Abdullah, Yazeed al-Salmi, Federal Bureau of Investigation, Hani Hanjour, Abdussattar Shaikh

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Damage to the USS Cole, shown in dry dock.Damage to the USS Cole, shown in dry dock. [Source: US Navy]9/11 hijacker Khalid Almihdhar is in Yemen when the USS Cole is attacked in Aden harbor there (see October 12, 2000), and is reported to have had a role in the bombing. Almihdhar leaves shortly after the attack, together with al-Qaeda operative Khallad bin Attash. [McDermott, 2005, pp. 209] Bin Attash is quickly identified as one of the masterminds of the operation (see Late October-Late November 2000). Almihdhar will subsequently be accused of participating in the operation by the prime ministers of Yemen and Britain (see Early October 2001 and October 4, 2001). The Yemeni militant group Islamic Army of Aden takes credit for the bombing, and a friend of Almihdhar in San Diego will later say that Almihdhar told him he was a member of that group (see Early 2000). The Cole attack was a repeat of a failed attempt to bomb the USS The Sullivans (see January 3, 2000), of which Almihdhar had foreknowledge (see Late 1999). Almihdhar, who trained with the Cole bombers (see Late 1999) and attended an apparent planning session for the operation (see January 5-8, 2000), may also be involved in a later ship-bombing operation in Singapore (see June 2001). Ramzi bin al-Shibh, a close associate of the hijackers, also leaves Yemen around this time and is also suspected of involvement in the bombing (see October 10-21, 2000).

Entity Tags: Islamic Army of Aden, Khalid Almihdhar, Khallad bin Attash

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Under interrogation following his capture, al-Qaeda leader Khallad bin Attash will say that after the bombing of the USS Cole (see October 12, 2000), Iran makes a concerted effort to strengthen relations with al-Qaeda. However, Iran is rebuffed because Osama bin Laden does not want to alienate his supporters in Saudi Arabia, which has poor relations with Iran. Nevertheless, Iranian officials are apparently willing to assist travel by al-Qaeda members through Iran, on their way to and from Afghanistan, by not placing telltale immigration stamps in their passports. Such arrangements are particularly beneficial to Saudi members of al-Qaeda. However, information such as this obtained from detainees under interrogation is thought to be unreliable due to the questionable methods used to extract it (see June 16, 2004). [9/11 Commission, 7/24/2004, pp. 240]

Entity Tags: Iran, Khallad bin Attash, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

Hijacker pilot Hani Hanjour opens an account with Citibank in Deira, Dubai, with a deposit of $3,000. Hanjour’s movements between September 25, 2000, when he obtained a US visa in Jeddah, and this date are unclear, but he flies to the US three days later (see December 8, 2000). [9/11 Commission, 8/21/2004, pp. 13-14 pdf file] According to the 9/11 Commission, plot facilitator Ali Abdul Aziz Ali gave him the initial $3,000 and later deposits another $5,000 in the account. [9/11 Commission, 8/21/2004, pp. 138 pdf file] However, these deposits will not be mentioned at a military hearing to determine Ali’s combat status, although other transactions between Ali and the hijackers will be (see March 30, 2007). [US Department of Defense, 4/12/2007 pdf file] Hanjour uses the money on this account, together with $9,600 that is deposited in his account with the Saudi British Bank, to pay some of his expenses in the US. Hijackers Fayez Ahmed Banihammed (see June 25, 2001), Marwan Alshehhi (see July 1999-November 2000), and possibly Mohamed Atta (see Late October 2001) also have accounts in the UAE through which money is passed to fund the plot. Khalid Almihdhar and Abdulaziz Alomari (see September 7, 2001) also draw on money from Saudi bank accounts. [US Congress, 9/26/2002; 9/11 Commission, 8/21/2004, pp. 138 pdf file]

Entity Tags: Ali Abdul Aziz Ali, Hani Hanjour, Abdulaziz Alomari, Khalid Almihdhar

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijackers Hani Hanjour and Nawaf Alhazmi move together from San Diego to Mesa, Arizona, just outside Phoenix. [US News and World Report, 6/20/2004] While there, Hanjour spends time training at Arizona Aviation flight school, which he previously attended in January 1998 (see 1998). According to the 9/11 Commission, “He wanted to train on multi-engine planes, but had difficulties because his English was not good enough. The instructor advised him to discontinue but Hanjour said he could not go home without completing the training.” [9/11 Commission, 7/24/2004, pp. 226] He also attends the JetTech flight school in Phoenix (see January-February 2001). In March 2001, Hanjour moves to Paterson, New Jersey, where he rents an apartment with Salem Alhazmi (see March 2001-September 1, 2001).

Entity Tags: Hani Hanjour, Salem Alhazmi, Nawaf Alhazmi, Arizona Aviation flight school, JetTech

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Atta’s immigration record for his arrival on January 10, 2001, after alteration in early May.Atta’s immigration record for his arrival on January 10, 2001, after alteration in early May. [Source: 9/11 Commission]The Miami Herald will report: “INS documents, matched against an FBI alert given to German police, show two men named Mohamed Atta [arrive] in Miami on January 10, each offering different destination addresses to INS agents, one in Nokomis, near Venice, the other at a Coral Springs condo. He (they?) is admitted, despite having overstayed his previous visa by a month. The double entry could be a paperwork error, or confusion over a visa extension. It could be Atta arrived in Miami, flew to another country like the Bahamas, and returned the same day. Or it could be that two men somehow cleared immigration with the same name using the same passport number.” [Miami Herald, 9/22/2001] Officials will later call this a bureaucratic snafu, and insist that only one Atta entered the US on this date. [Associated Press, 10/28/2001] In addition, while Atta arrives on a tourist visa, he tells immigration inspectors that he is taking flying lessons in the US, which requires an M-1 student visa. [Washington Post, 10/28/2001] The fact that he had overstayed his visa by over a month on a previous visit also does not cause a problem. [Los Angeles Times, 9/27/2001] The INS will later defend its decision, but “immigration experts outside the agency dispute the INS position vigorously.” For instance, Stephen Yale-Loehr, co-author of a 20-volume treatise on immigration law, will assert: “They just don’t want to tell you they blew it. They should just admit they made a mistake.” [Washington Post, 10/28/2001]

Entity Tags: Federal Bureau of Investigation, Mohamed Atta, Stephen Yale-Loehr

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Marwan Alshehhi.Marwan Alshehhi. [Source: FBI]Future 9/11 hijacker Marwan Alshehhi is able to reenter the US without trouble, after a brief, mysterious trip to Morocco (see January 11-18, 2001), despite having overstayed his previous visa by about five weeks. [Los Angeles Times, 9/27/2001; US Department of Justice, 5/20/2002]

Entity Tags: Marwan Alshehhi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The National Security Agency seeks the assistance of global telecommunications corporation AT&T to help it set up a domestic call monitoring site to eavesdrop on US citizens’ phone communications, according to court papers filed in June 2006 as part of a lawsuit against AT&T (see October 2001). The NSA is expressly forbidden from spying on US citizens within US borders unless authorized by the Foreign Surveillance Intelligence Court (FISC) (see 1978). When the NSA program, which wiretaps phone and email communications often without court warrants, becomes public knowledge well over four years later (see December 15, 2005), President Bush, NSA Director Michael Hayden, and other White House and government officials will assert that the program was set up in response to the September 11, 2001 terrorist attacks. If the claims made in the lawsuit are accurate, these assertions are provably false. “The Bush administration asserted this became necessary after 9/11,” lawyer Carl Mayer will claim in 2006. “This undermines that assertion.” Unbeknownst to most Americans, the NSA is operating a secret “data mining” operation that, by 2006, will have compiled phone records and contact information on millions of domestic phone and email communications. The NSA project is code-named “Project Groundbreaker,” and is ostensibly an above-board attempt announced in June 2000 to have AT&T and other firms help modernize its technological capabilities. The project originally seeks to have AT&T build a network operations center that duplicates AT&T’s facility in Bedminster, New Jersey; this plan will be altered when the NSA decides it will be better served by acquiring the monitoring technology itself. The agency is seeking bids for a project to “modernize and improve its information technology infrastructure,” including the privatization of its “non-mission related” systems support. [TechWeb, 6/13/2000; Bloomberg, 6/30/2006] Groundbreaker’s privatization project is expected to provide up to $5 billion in government contracts to various private firms such as AT&T, Computer Sciences Corporation, and OAO Corporation, [Computerworld, 12/4/2000; Government Executive, 9/1/2001] and up to 750 NSA employees will become private contractors. Hayden, who has aggressively instituted a corporate management protocol to enhance productivity and has brought in numerous senior managers and agency executives from private defense firms, is a strong proponent of privatizing and outsourcing much of the NSA’s technological operations, and in 2001 will say that he wants the agency to focus on its primary task of breaking codes and conducting surveillance. Hayden does not admit that Groundbreaker is part of a larger NSA domestic surveillance program, [Government Executive, 9/1/2001] and publicly, NSA officials say that the project is limited to administrative and logistics functions. [Computerworld, 12/4/2000] The covert data mining portion of the project is code-named “Pioneer.” A former, unnamed employee of the NSA, [Bloomberg, 6/30/2006] and a former AT&T technician, Mark Klein, will provide the key information about Groundbreaker (see Late 2002, July 7, 2009 and December 15-31, 2005). Klein will say in 2006 that he saw the NSA construct a clandestine area within its switching center in San Francisco, and saw NSA technicians shunt fiber optic cable carrying Internet traffic into that area, which contains a large data bank and secret data mining hardware (see April 6, 2006). Klein will say he knew that the NSA built other such facilities in other switching locations. He will go on to say that the NSA did not work with just AT&T traffic; when AT&T’s network connected with other networks, the agency acquired access to that traffic as well. [Democracy Now!, 5/12/2006] The information about AT&T and the NSA will become public knowledge after the 2006 filing of a lawsuit against AT&T and other telecommunications firms (see May 12, 2006 and June 26, 2006).

Entity Tags: Mark Klein, Michael Hayden, George W. Bush, Foreign Intelligence Surveillance Court, Bush administration (43), Carl Mayer, Computer Sciences Corporation, AT&T, National Security Agency, OAO Corporation

Timeline Tags: Civil Liberties

Joseph Nacchio.Joseph Nacchio. [Source: publicity photo via Business Week]Qwest CEO Joe Nacchio meets with NSA officials in Fort Meade, Maryland, to discuss two topics of mutual interest: a $100 million infrastructure upgrade that Qwest, one of the US’s largest telecommunications firms, can perform for the agency, and another topic that remains classified. (The meeting will be revealed in heavily redacted court documents released six years later—see October 12, 2007). Observers believe the discussion is about the NSA’s warrantless wiretapping program of US citizens, which the government will conceal for years (see December 15, 2005), and which the Bush administration will insist did not come about until after the 9/11 attacks (see December 17, 2005). Nacchio meets with NSA officials to discuss the agency’s “Groundbreaker” project (see February 2001), which the NSA will later claim is merely a modernization and upgrade of its technological infrastructure. A June 2006 lawsuit against AT&T over that firm’s cooperation with the NSA alleges that “Groundbreaker” is part of a secret domestic surveillance operation. According to the court documents, Nacchio and the NSA are unable to agree on an unrevealed topic of discussion; after that disagreement, the NSA will withdraw its “Groundbreaker” contract from consideration for Qwest. Nacchio, according to the documents, believes that the unrevealed topic of discussion involves illegal and inappropriate actions. He asks the agency officials whether “a warrant or other legal process had been secured.” The NSA officials, according to the documents, have a “disinclination on the part of the authorities to use any legal process,” leading Nacchio to conclude that “the requests violated the privacy requirements of the Telecommunications Act.” When Nacchio refuses to cooperate with the NSA, the agency withdraws its offer of the “Groundbreaker” contract. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007] James F.X. Payne, the former chief of Qwest’s government business unit, will later tell investigators, “There was a feeling also that the NSA acted as agents for other government agencies.” [National Journal, 11/2/2007] In 2007, the New York Times will reveal that Qwest refuses to give the NSA access to its most localized communications switches, carrying largely domestic phone calls. The arrangement would have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order. [New York Times, 12/16/2007] The NSA has more success with other companies—and has enjoyed a long and fruitful relationship with Qwest as well (see February 2001).

Entity Tags: Qwest, New York Times, James F.X. Payne, Bush administration (43), AT&T, Joe Nacchio, National Security Agency

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A poor photocopy of Nawaf Alhazmi’s US driver’s license.A poor photocopy of Nawaf Alhazmi’s US driver’s license. [Source: FBI]9/11 hijacker Nawaf Alhazmi is stopped by an Oklahoma police officer for speeding. He is stopped while traveling east on interstate highway 40, near Clinton, Oklahoma. It is likely he is with Hani Hanjour and the two are driving across the US, because they moved out of an apartment in Arizona the day before and will be seen in Virginia several days later (see December 12, 2000-March 2001 and March 2001 and After). [Federal Bureau of Investigation, 10/2001, pp. 131-132 pdf file; Daily Oklahoman, 1/20/2002] Alhazmi’s license information is run through a computer to determine whether there are any warrants for his arrest. There are none, so he is issued a ticket and sent on his way. He is driving the Toyota Corolla that he bought in San Diego the year before (see March 25, 2000). The CIA has known that Alhazmi is an al-Qaeda operative possibly living in the US since March 2000, but has failed to share this knowledge with other agencies. [Daily Oklahoman, 1/20/2002; Newsweek, 6/2/2002] Police do not check his immigration status, which would require a call to an Law Enforcement Support Center hotline. Had such a call been made, it would have revealed he had been in the US illegally since January 2001. [US Congress, 9/20/2002; GovExec, 3/16/2004] This incident is added to the NCIC, a widely used nationwide police database (see September 5, 2001). [Federal Bureau of Investigation, 10/2001, pp. 131 pdf file]

Entity Tags: National Crime Information Center, Hani Hanjour, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing.One of the approximately 30 radomes at the Echelon station in Menwith Hill, England. A radome covers an antenna to protect it from the weather and disguise the direction it is pointing. [Source: Matt Crypto / Public domain]The BBC reports on advances in electronic surveillance. The US’s global surveillance program, Echelon, has become particularly effective in monitoring mobile phones, recording millions of calls simultaneously and checking them against a powerful search engine designed to pick out key words that might represent a security threat. Laser microphones can pick up conversations from up to a kilometer away by monitoring window vibrations. If a bug is attached to a computer keyboard, it is possible to monitor exactly what is being keyed in, because every key on a computer has a unique sound when depressed. [BBC, 4/4/2001] Furthermore, a BBC report on a European Union committee investigation into Echelon one month later notes that the surveillance network can sift through up to 90 percent of all Internet traffic, as well as monitor phone conversations, mobile phone calls, fax transmissions, net browsing history, satellite transmissions and so on. Even encryption may not help much. The BBC suggests that “it is likely that the intelligence agencies can crack open most commercially available encryption software.” [BBC, 5/29/2001]

Entity Tags: Echelon, British Broadcasting Corporation

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

This Ahmed Al-Haznawi picture is a photocopy of his 2001 US visa application.This Ahmed Al-Haznawi picture is a photocopy of his 2001 US visa application. [Source: 9/11 Commission]The 13 hijackers commonly known as the “muscle” allegedly first arrive in the US. The muscle provides the brute force meant to control the hijacked passengers and protect the pilots. [Washington Post, 9/30/2001] Yet, according to the 9/11 Commission, these men “were not physically imposing,” with the majority of them between 5 feet 5 and 5 feet 7 tall, “and slender in build.” [9/11 Commission, 6/16/2004, pp. 8] According to FBI Director Mueller, they all pass through Dubai, United Arab Emirates, and their travel was probably coordinated from abroad by Khalid Almihdhar. [US Congress, 9/26/2002] However, some information contradicts their official arrival dates:
bullet April 23: Waleed Alshehri and Satam Al Suqami arrive in Orlando, Florida. Suqami in fact arrived before February 2001. A man named Waleed Alshehri lived with a man named Ahmed Alghamdi in Virginia and Florida between 1997 and 2000. However, it is not clear whether they were the hijackers or just people with the same name (see 1999). [Daily Telegraph, 9/20/2001] Alshehri appears quite Americanized in the summer of 2001, frequently talking with an apartment mate about football and baseball, even identifying himself a fan of the Florida Marlins baseball team. [Associated Press, 9/21/2001]
bullet May 2: Majed Moqed and Ahmed Alghamdi arrive in Washington. Both actually arrived by mid-March 2001. A man named Ahmed Alghamdi lived with a man named Waleed Alshehri in Florida and Virginia between 1997 and 2000. However, it is not clear whether they were the hijackers or just people with the same name (see 1999). [Daily Telegraph, 9/20/2001] Alghamdi apparently praises Osama bin Laden to Customs officials while entering the country and Moqed uses an alias (see May 2, 2001).
bullet May 28: Mohand Alshehri, Hamza Alghamdi, and Ahmed Alnami allegedly arrive in Miami, Florida. Alnami may have a suspicious indicator of terrorist affiliation in his passport (see April 21, 2001), but this is apparently not noticed by US authorities. The precise state of US knowledge about the indicator at this time is not known (see Around February 1993). The CIA will learn of it no later than 2003, but will still not inform immigration officials then (see February 14, 2003). According to other reports, however, both Mohand Alshehri and Hamza Alghamdi may have arrived by January 2001 (see January or July 28, 2001).
bullet June 8: Ahmed Alhaznawi and Wail Alshehri arrive in Miami, Florida. Alhaznawi may have a suspicious indicator of terrorist affiliation in his passport (see Before November 12, 2000), but this is apparently not noticed by US authorities.
bullet June 27: Fayez Banihammad and Saeed Alghamdi arrive in Orlando, Florida.
bullet June 29: Salem Alhazmi and Abdulaziz Alomari allegedly arrive in New York. According to other reports, however, Alhazmi arrived before February 2001. Alhazmi has a suspicious indicator of terrorist affiliation in his passport (see June 16, 2001), but this is apparently not noticed by US authorities.
After entering the US (or, perhaps, reentering), the hijackers arriving at Miami and Orlando airports settle in the Fort Lauderdale, Florida, area along with Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah. The hijackers, arriving in New York and Virginia, settle in the Paterson, New Jersey, area along with Nawaf Alhazmi and Hani Hanjour. [US Congress, 9/26/2002] Note the FBI’s early conclusion that 11 of these muscle men “did not know they were on a suicide mission.” [Observer, 10/14/2001] CIA Director Tenet’s later claim that they “probably were told little more than that they were headed for a suicide mission inside the United States” [US Congress, 6/18/2002] and reports that they did not know the exact details of the 9/11 plot until shortly before the attack [CBS News, 10/9/2002] are contradicted by video confessions made by all of them in March 2001 (see (December 2000-March 2001)).

Entity Tags: Marwan Alshehhi, Mohand Alshehri, Majed Moqed, Mohamed Atta, Ziad Jarrah, Saeed Alghamdi, Khalid Almihdhar, Waleed Alshehri, Wail Alshehri, Satam Al Suqami, Nawaf Alhazmi, Hani Hanjour, Salem Alhazmi, George J. Tenet, Hamza Alghamdi, Abdulaziz Alomari, Ahmed Alhaznawi, Ahmed Alghamdi, Fayez Ahmed Banihammad, Federal Bureau of Investigation, Ahmed Alnami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijacker Nawaf Alhazmi is mugged outside of his apartment in Alexandria, Virginia, by an “unknown black male.” He files a police report about this and gives his correct name and local address. He reports that he had seen his alleged assailant outside of his apartment almost every day for the previous two weeks. This information in inputted into the NCIC, a widely used nationwide police database. In August 2001, Alhazmi and Khalid Almihdhar will be watchlisted and an FBI agent will begin looking for them in the US (see September 4-5, 2001). But, as one news report will later note, the agent “never perform[s] one of the most basic tasks of a police manhunt. He never [runs] Almihdhar or Alhazmi through the NCIC computer” (see September 5, 2001). [Federal Bureau of Investigation, 10/2001, pp. 139 pdf file] A police officer takes a statement from Alhazmi in his apartment, but Alhazmi signs a release indicating he does not want the incident investigated. [US Congress, 9/26/2002; San Diego Union-Tribune, 9/27/2002] He has been in the country illegally since January 2001. [US Congress, 9/20/2002]

Entity Tags: National Crime Information Center, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Alleged 9/11 hijacker Mohamed Atta is seen by at least two people, examining the security checkpoints at Logan International Airport in Boston—the airport at which he will board Flight 11 on September 11—but no action is taken when the witnesses report their concerns about his suspicious behavior. [Sullivan, 12/23/2013 pdf file; WCVB 5 (Boston), 10/6/2014]
Supervisor Sees Atta Filming a Security Checkpoint - Theresa Spagnuolo, a supervisor for Globe Aviation Services, sees a Middle Eastern man videotaping the main security checkpoint at the airport. The man, Spagnuolo will later describe, is between 5 feet 5 and 5 feet 6 tall, with one day’s beard growth. After 9/11, she will recognize him as Atta from photos she is shown by investigators and seeing Atta’s picture on television. Worried by the man’s behavior, she tells her supervisor, James Miller, what she has seen. Miller, though, says nothing can be done about her concerns because the man is in a public area. According to the New York Post, however, this is untrue. “[A]irport security had clear authority to investigate anybody surveilling a checkpoint,” it will state, “and [Atta’s] activity should have raised major red flags.” Shortly after 9/11, Miller will claim he has no recollection of this incident and his alleged conversation with Spagnuolo. [Bureau of Alcohol, Tobacco, and Firearms, 9/17/2001 pdf file; New York Post, 10/5/2014]
Technician Sees Two Men Behaving Suspiciously - Meanwhile, Stephen Wallace, an American Airlines technician, notices two Middle Eastern men acting suspiciously sometime between 8:00 a.m. and 9:30 a.m. outside the main security checkpoint. He sees one of the men taking photos, and recording video of the checkpoint and the flight information display screens. He sees the other man speaking loudly in Arabic on a cell phone. Wallace will describe the men as having a dark complexion and being of medium height or perhaps slightly less than medium height. The man he sees talking on a cell phone has “no chin and dead eyes,” he will say. After 9/11, he will identify this man as Atta from photos he is shown by investigators. Whether he will be able to identify the other suspicious man is unstated. The two men are dressed like they are from Miami, Florida, Wallace will say. Atta is wearing a shiny grey shirt while the other man is wearing a tan shirt with stripes and flowers on it. Both men are wearing new leather shoes but no socks. Wallace observes them behaving suspiciously for about 45 minutes.
Port Authority Employees Think the Men Are Speaking Portuguese - Wallace alerts a couple of Massachusetts Port Authority employees who are nearby. He tells them the men have been taking photos, recording video, and talking Arabic on the phone. However, the Port Authority employees are apparently unconcerned. They tell Wallace the two men are “okay” and are speaking Portuguese, not Arabic. Wallace, though, is sure the men have been talking in Arabic.
Technician Questions the Suspicious Men - Due to his concerns, Wallace eventually walks up to the men and questions them about their carry-on luggage. They have what he will describe as “brand new” pilot bags with them. One of the bags is open and Wallace sees three disposable cameras, a video camera, files, and a cell phone in it. He points to a kiosk display of items that are prohibited on planes and says, “You guys don’t have any of this stuff in your bags, do you?” In response, one of the men addresses the other and refers to Wallace using an Arabic swear word while gesturing toward the technician. The two men then nervously pack up their bags and hurry toward another security checkpoint.
State Trooper Takes No Action - Wallace follows them and, before they reach it, alerts a Massachusetts state trooper to them. [Bureau of Alcohol, Tobacco, and Firearms, 9/17/2001 pdf file; Merrill Corp., 7/17/2007 pdf file; New York Post, 10/5/2014] He tells the state trooper: “These two clowns are up to something. They’ve been taking videos and pictures down at the checkpoint.” However, nothing is done in response to his concerns. The men are not stopped, questioned, or asked for IDs. [WCVB 5 (Boston), 10/6/2014] Wallace is unsure if they subsequently get on a plane but he thinks they board a flight to Washington, DC.
Action Today Could Have Prevented 9/11, Expert Will Say - There are no security cameras at the airport’s security checkpoints (see 1991-2000 and September 29, 2001), and so no images of Atta and his companion are recorded. Brian Sullivan, a retired special agent and risk management specialist for the Federal Aviation Administration, will express frustration at the lack of response to the sightings of Atta today when he learns of this incident after 9/11. “I’m convinced that had action been taken after the sighting of Atta, the 9/11 attacks, at least at Logan, could have been deterred,” he will say. Referring to Atta, the New York Post will comment, “[T]he worst terrorist hijacker in history was allowed to waltz through security without anyone stopping him, asking his name, checking his ticket, taking a picture, looking at his driver’s license or passport, opening his bags, or patting him down.” [Bureau of Alcohol, Tobacco, and Firearms, 9/17/2001 pdf file; Merrill Corp., 7/17/2007 pdf file; New York Post, 10/5/2014] Atta will again be seen behaving suspiciously at Logan Airport on September 9 (see September 9, 2001). [PBS, 1/17/2002; Associated Press, 5/28/2002; Guardian, 7/5/2002]

Entity Tags: James Miller (Globe Aviation Services), Massachusetts Port Authority, Brian Sullivan, Stephen Wallace, Mohamed Atta, Theresa Spagnuolo

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

9/11 hijacker Satam Al Suqami becomes an illegal overstay on this day. He entered the US on April 23 (see April 23-June 29, 2001) and was allowed to stay for 30 days, so, according to the 9/11 Commission, his permission to remain in the US expires on this day. He remains in illegal status until 9/11. [9/11 Commission, 8/21/2004, pp. 8, 21, 23 pdf file] Hijackers Mohamed Atta and Marwan Alshehhi also overstayed their visas at times (see January 10, 2001 and January 18, 2001). At least one more of the hijackers, Khalid Almihdhar, lied on his visa application form, meaning he was in the US illegally (see August 29, 2001).

Entity Tags: Satam Al Suqami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Ahmed Ressam as pictured in his Canadian passport.Ahmed Ressam as pictured in his Canadian passport. [Source: FBI]Ahmed Ressam is convicted in the spring of 2001 for attempting to bomb the Los Angeles International Airport (see December 14, 1999). Facing the likelihood of life in prison, he starts cooperating with authorities in an attempt to reduce his sentence. On this day, he details his experiences in al-Qaeda training camps and his many dealings with top al-Qaeda deputy Abu Zubaida. According to FBI notes from Ressam’s interrogation, Zubaida asked Ressam to send him six original Canadian passports to help Zubaida “get people to America” (see May 2001 and May 2001). Zubaida “wanted an operation in the US” and talked about the need to get explosives into the US for this operation, but Ressam makes it clear this was a separate plot from the one he was involved with. Notes from this day further explain that Ressam doesn’t know if any explosives made it into the US because once an operation is initiated, operators are not supposed to talk about it to anyone. [Calgary Herald, 4/3/2002; Newsweek, 4/28/2005] Zubaida told this to Ressam in 1999, but also indicated that he is willing to wait a year or more to make sure the plot comes to fruition successfully. [Tenet, 2007, pp. 146]
Similarity to 9/11 Attacks - There’s no concrete evidence that Ressam knows any detail of the 9/11 attacks. [Newsweek, 4/28/2005] However, Fox News will later report that roughly around this time Ressam testifies “that attack plans, including hijackings and attacks on New York City targets, [are] ongoing.” [Fox News, 5/17/2002] Questioned shortly after 9/11, Ressam will point out that given what he’s already told his US interrogators, the 9/11 attacks should not be surprising. He notes that he’d described how Zubaida talked “generally of big operations in [the] US with big impact, needing great preparation, great perseverance, and willingness to die.” Ressam had told of “plans to get people hired at airports, of blowing up airports, and airplanes.” [Newsweek, 4/28/2005]
Sharing the Warning - The CIA learns of this warning in June. [Tenet, 2007, pp. 146] Ressam will repeat some of this in a public trial in July (see July 8, 2001). Apparently, the FBI also waits until July to share the information from this debriefing with most other intelligence agencies, the INS, Customs Service, and the State Department. Ressam’s warnings will first be mentioned to Bush in his now famous August 6, 2001 briefing (see August 6, 2001), but as Newsweek will note, “The information from Ressam that was contained in [Bush’s] PDB [is] watered down and seem[s] far more bland than what the Algerian terrorist was actually telling the FBI.” Zubaida’s second plot will be boiled down to one sentence in the PDB: “Ressam also said that in 1998 Abu Zubaida was planning his own US attack.” [Newsweek, 4/28/2005]

Entity Tags: George W. Bush, Ahmed Ressam, Los Angeles International Airport, Federal Bureau of Investigation, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On June 3, 2001, a British newspaper reveals that Hamid Aich, who is on the FBI’s international wanted list, is living in Dublin where he is applying for asylum. [Mirror, 2/18/2001; News of the World, 6/3/2001] Irish intelligence has been monitoring Aich’s movements since 1997, when authorities tied him to the mass murder of 77 tourists in Luxor, Egypt (see November 18, 1997). [Mirror, 10/17/2001; Daily Telegraph, 11/8/2001] He has since been linked to a number of militant groups (see, e.g., December 14, 1999). It is believed that between 1999 and 2001, Aich assisted 22 Islamic terrorist organizations, and even funded non-Islamic groups, for instance giving $200,000 to the ETA, a separatist group in the Basque region of Spain. Aich was also the director of Mercy International’s Ireland branch. (This charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998).) Despite these connections, he will continue to live openly in Dublin after the newspaper discloses his location. [Mirror, 9/17/2001] Irish authorities only publicly say, “Aich’s case is at a very delicate stage.” [News of the World, 6/3/2001] Then, on July 24, he leaves Ireland using a false passport. The FBI, which took no action against him while he was living in Dublin, is reportedly “furious” with Irish police for allowing him to escape. He has not been heard of since, and he has not been included in any known lists of wanted al-Qaeda leaders. It is believed that Aich eventually ends up in Afghanistan. After 9/11, Aich will be described as “one of the FBI’s chief targets” and “one of bin Laden’s most trusted men” who ranks seventh in al-Qaeda’s hierarchy. [Mirror, 9/17/2001]

Entity Tags: Hamid Aich, Zacarias Moussaoui, Federal Bureau of Investigation, Mercy International, Al-Qaeda, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

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