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Context of '(Between 9:30 p.m. and 10:00 p.m.) September 11, 2001: President Bush Tells Senior Government Officials, ‘This Is a Great Opportunity’'

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Deputy Secretary of Defense Gordon England will later claim that President Bush makes an unpublicized visit to the Pentagon at this time. In 2007, England will recall in a speech, “Then that night, on 9/11, we had a meeting in the Pentagon—and I remember this well, because the president came to the Pentagon that evening, at 6:15 in the evening… And the president came and met in the conference room right next to Secretary Rumsfeld’s office. And he came and he said, ‘Get ready.’ He said,‘Get ready.’ He said, ‘This is going to be a long war.’” [US Department of Defense, 1/22/2007] If this account is true, then Air Force One must have flown very quickly from Nebraska (if reports are true Bush left at 4:33 (see (4:33 p.m.) September 11, 2001), the plane would have travelled at about 700 mph, faster than its official top speed of 600 mph), and Bush must have stayed at the Pentagon briefly before arriving live on camera at the White House around 6:45 (see (6:54 p.m.) September 11, 2001). If Bush did go to the Pentagon, is it not exactly clear why or why no account would mention it until 2007.

Entity Tags: George W. Bush, Gordon England

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Laura Bush, the president’s wife, is driven, by members of the Secret Service, to the White House from the Secret Service headquarters in Washington, DC, and is then escorted down to the Presidential Emergency Operations Center (PEOC) below the White House. [Bush, 2010, pp. 203-204] Bush was brought to the Secret Service headquarters this morning for her own safety (see (10:10 a.m.-10:55 a.m.) September 11, 2001 and (10:55 a.m.) September 11, 2001). [Woodward, 2002, pp. 17; Kessler, 2006, pp. 136]
First Lady Reassured that No More Attacks Will Occur - There, she spent much of the afternoon “like most other Americans, glued to the television,” according to Us Weekly magazine. Bush was, however, “perhaps more at ease than the average American because her [Secret Service] agents were receiving news before it was reported on television.” Bush will later recall: “[A]fter some time, we started hearing from our agents that most of the planes [in US airspace] had been accounted for, fairly early in the day, I think, before they really started announcing it on television. So at some point we started feeling reassured that [a terrorist attack] wasn’t going to happen again that day.” After Bush and those with her learned that the president would be returning to Washington today (see (4:00 p.m.) September 11, 2001 and (4:33 p.m.) September 11, 2001), Bush’s Secret Service agents decided that the first lady could go back to the White House.
First Lady Arrives at White House - At 6.30 p.m., she will recall, Bush gets into a Secret Service motorcade and is driven to the White House by Dave Saunders, one of her agents. [CNN, 9/11/2001; Us Weekly, 10/15/2001; Kessler, 2006, pp. 136; Bush, 2010, pp. 203] It is a short journey, as the Secret Service headquarters is just a few blocks from the White House. [Washington Post, 8/23/2009] Bush is driven along the deserted streets and then her vehicle goes at full throttle through the gate of the White House. She notices “[h]eavily armed men in black” swarming over the White House grounds. She then gets out of the vehicle, preceded by her Secret Service agents.
First Lady Taken to Underground Conference Room - Bush is “hustled inside” the White House, she will recall, and taken “downstairs through a pair of big steel doors that closed behind me with a loud hiss, forming an airtight seal.” She then walks along the hallway below the White House to the PEOC, and is taken into the conference room adjacent to the PEOC’s “nerve center.” Those already in the room include National Security Adviser Condoleezza Rice, White House counselor Karen Hughes, and deputy White House chief of staff Josh Bolten. Vice President Dick Cheney and his wife, Lynne Cheney, are also there. Lynne Cheney comes over and hugs the first lady. She then whispers into the first lady’s ear, “The plane that hit the Pentagon circled the White House first” (see 9:34 a.m.- 9:37 a.m. September 11, 2001). This information, Bush will comment, causes a “shiver” to “vibrate down [her] spine.” [Bush, 2010, pp. 203-204] President Bush will join the first lady in the PEOC at 7:10 p.m., after he arrives at the White House (see 7:10 p.m. September 11, 2001). [Bush, 2010, pp. 137-138; Bush, 2010, pp. 204-205] Staffers who were with the first lady at the Secret Service headquarters went to the White House and then headed home at around 4:30 p.m. (see (4:30 p.m.) September 11, 2001). [National Journal, 8/31/2002]

Entity Tags: Joshua Bolten, Dave Saunders, Richard (“Dick”) Cheney, US Secret Service, Condoleezza Rice, Laura Bush, Karen Hughes, Lynne Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Donald Rumsfeld speaking at his 6:42 p.m. news briefing. Behind the secretary of defense, left to right, are Thomas White, Henry Shelton, John Warner, and Carl Levin.Donald Rumsfeld speaking at his 6:42 p.m. news briefing. Behind the secretary of defense, left to right, are Thomas White, Henry Shelton, John Warner, and Carl Levin. [Source: Bob Houlihan/US Navy]Secretary of Defense Donald Rumsfeld and four other senior officials give a news briefing at the Pentagon, which is broadcast live around the world, to reassure the public that the US government is still functioning and the nation is strong, and during the briefing Rumsfeld says that, despite the devastating attack there, the Pentagon will reopen the following day. [Government Executive, 9/11/2001; CNN, 9/12/2001; Giesemann, 2008, pp. 34; Shelton, Levinson, and McConnell, 2010, pp. 436] Joining Rumsfeld in the Pentagon press room to give the briefing are Senators Carl Levin (D-MI) and John Warner (R-VA), the chairman of the Senate Armed Services Committee and the committee’s ranking minority member, respectively; General Henry Shelton, the chairman of the Joint Chiefs of Staff, who has returned to the US after his flight to Europe was aborted (see (8:50 a.m.-10:00 a.m.) September 11, 2001); and Secretary of the Army Thomas White, who has come to the Pentagon from the alternate command location. [US Department of Defense, 9/11/2001; Goldberg et al., 2007, pp. 145] Levin and Warner called Rumsfeld earlier in the day, promising him their wholehearted support, and he had suggested they come over to the Pentagon. [Clarke, 2006, pp. 228]
Officials Addressing Millions of Americans - As Rumsfeld and the four other men stood outside the press room before the briefing, Assistant Secretary of Defense for Public Affairs Victoria Clarke informed them, “Gentlemen, you are about to address 320 million Americans who have witnessed an unspeakable tragedy today.” [Giesemann, 2008, pp. 34]
Pentagon 'Will Be in Business Tomorrow' - Rumsfeld begins the briefing, reading out a statement he has written by hand. He says, “This is a tragic day for our country,” and adds, “We have taken a series of measures to prevent further attacks and to determine who is responsible.” After summarizing some of the Defense Department’s actions throughout the day, Rumsfeld gives reassurance that the Pentagon is still up and running, pointing out that “the briefing here is taking place in the Pentagon. The Pentagon’s functioning,” and, he adds, “It will be in business tomorrow.” Shelton calls the day’s terrorist attacks “an outrageous act of barbaric terrorism carried out by fanatics,” and states, “I have no intentions of discussing today what comes next, but make no mistake about it, your armed forces are ready.”
'No Information' that Military Shot Down Any Aircraft - Rumsfeld takes a number of questions from reporters, but refuses to speculate about any uncertain information. When asked: “What about Osama bin Laden? Do you suspect him as the prime suspect in this?” Rumsfeld answers, “It’s not the time for discussions like that.” One reporter says, “[T]here were rumors earlier in the day that the plane which crashed in Pennsylvania had been brought down by the United States, either shot down or in some other manner,” to which Rumsfeld responds, “We have absolutely no information that any US aircraft shot down any other aircraft today.” [US Department of Defense, 9/11/2001; Clarke, 2006, pp. 230-231]
Briefing Would Be a 'Powerful Statement' - The briefing has come about because Clarke felt earlier on that Rumsfeld should do a media briefing today and that, despite the objections of others, it should be conducted at the Pentagon, as this would be “the most powerful statement we could deliver that we were open for business.” Rumsfeld agreed with Clarke’s suggestion to hold such a briefing. [Clarke, 2006, pp. 229-230] Shelton will later recall that the feedback the briefing generates “by far surpassed any other I have ever received. The nation was obviously shaken and looking for reassurance that their government was still functioning.” [Shelton, Levinson, and McConnell, 2010, pp. 436]

Entity Tags: Carl Levin, Henry Hugh Shelton, Donald Rumsfeld, Thomas E. White, John W. Warner, Victoria (“Torie”) Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush arrives at the White House, after exiting Air Force One at 6:42 p.m. and flying across Washington in a helicopter. [Salon, 9/12/2001; CNN, 9/12/2001; Daily Telegraph, 12/16/2001; Associated Press, 8/21/2002; ABC News, 9/11/2002; Washington Times, 10/8/2002]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush and Laura Bush talking with Dick Cheney and Condoleezza Rice in the Presidential Emergency Operations Center.President Bush and Laura Bush talking with Dick Cheney and Condoleezza Rice in the Presidential Emergency Operations Center. [Source: Eric Draper / White House]President Bush is reunited with his wife, Laura Bush, in the Presidential Emergency Operations Center (PEOC) below the White House, shortly after arriving back at the White House. [Bush, 2010, pp. 137-138; Bush, 2010, pp. 204-205] Bush arrived at the White House at 6:54 p.m. (see (6:54 p.m.) September 11, 2001). [CNN, 9/12/2001] He headed to the Oval Office, where he read through a draft of the speech he is going to deliver to the nation later in the evening and modified a few lines. He then headed down to the PEOC, where the first lady was waiting for him. [Bush, 2010, pp. 137-138] The first lady was taken to the PEOC after she was driven to the White House from the Secret Service headquarters, at around 6:30 p.m. (see 6:30 p.m. September 11, 2001). Bush walks into the PEOC at 7:10 p.m. and hugs his wife. [Bush, 2010, pp. 203-205] The first lady will later recall, “We were really glad to see each other, but also the enormity of what had happened in our country had really sunk in by then, and so we just comforted each other.” [Us Weekly, 10/15/2001] The president will describe: “We didn’t have a lot of time to talk, but we didn’t need to. Her hug was more powerful than any words.” Other senior government officials are in the PEOC, including Vice President Dick Cheney, who is there with his wife, Lynne Cheney. After their reunion, the president and the first lady “talked with the Cheneys a bit,” Laura Bush will recall. The president will subsequently head upstairs, practice his speech, and then go to the Oval Office to deliver it (see 8:30 p.m. September 11, 2001). The first lady will go to the White House residence (the first family’s living quarters). [Bush, 2010, pp. 138; Bush, 2010, pp. 204-205]

Entity Tags: George W. Bush, Lynne Cheney, Richard (“Dick”) Cheney, Laura Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Colin Powell arrives back in Washington, DC. He had been away in Peru at the time of the attacks, and his flight back to the US had only taken off at around 12:30 p.m. EDT. The exact time he arrives in the capital is unclear, though a State Department spokesman said at 7:40 p.m. that he was due to return “within the hour.” Powell will be at the White House in time for a 9:30 p.m. meeting between the president and his key advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001). By then, Bush will already have delivered his speech to the nation declaring, “We will make no distinction between the terrorists who committed these acts and those who harbor them” (see 8:30 p.m. September 11, 2001). As journalist Bob Woodward will comment, “The president, [National Security Adviser Condoleezza] Rice, [White House counselor Karen] Hughes and the speechwriters had made one of the most significant foreign policy decisions in years, and the secretary of state had not been involved.” [US Department of State, 9/11/2001; Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] The Daily Telegraph later comments, “In the weeks before September 11 Washington was full of rumors that Powell was out of favor and had been quietly relegated to the sidelines.” [Daily Telegraph, 12/16/2001]

Entity Tags: George W. Bush, Colin Powell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On the evening after the 9/11 attacks, some White House personnel, including Vice President Dick Cheney’s staff, are given the anti-anthrax drug Cipro, and told to take it regularly. [Associated Press, 10/24/2001] An unnamed “high government official” also advises some reporters to take Cipro shortly after 9/11 (see Shortly After September 11, 2001). Judicial Watch will later sue the Bush administration to release documents showing who knew what and when, and why presidential staff were protected while senators, congresspeople, and others were not. [Associated Press, 6/8/2002]

Entity Tags: Richard (“Dick”) Cheney, Judicial Watch

Timeline Tags: 2001 Anthrax Attacks

Bush addresses the nation from the White House.
Bush addresses the nation from the White House. [Source: White House]From the White House Oval Office, President Bush gives a seven-minute address to the nation on live television. [CNN, 9/11/2001; CNN, 9/12/2001; Woodward, 2002, pp. 31] He says, “I’ve directed the full resources of our intelligence and law enforcement communities to find those responsible and to bring them to justice.” In what will later be called the Bush Doctrine, he states, “We will make no distinction between the terrorists who committed these acts and those who harbor them.” [US President, 9/17/2001; Washington Post, 1/27/2002] Washington Post reporter Dan Balz will later comment that this “those who harbor them” statement “set the tone for where the administration was going both with Afghanistan and, I think, with Iraq.” Bush’s speechwriter at the time, David Frum, will later say: “When he laid down those principles, I don’t know whether he foresaw all of their implications, how far they would take him. I don’t know if he understood fully and foresaw fully the true radicalism of what he had just said.” Neoconservatives see hope that the words could lead to an invasion of Iraq. Author and former National Security Council staffer Kenneth Pollack will comment, “It does seem very clear that after September 11th, this group seized upon the events of September 11th to resurrect their policy of trying to go after Saddam Hussein and a regime change in Iraq.” [PBS Frontline, 2/20/2003] Secretary of State Colin Powell arrived back from Peru too late to influence the content of this pivotal speech (see (Between 7:40 p.m. and 8:40 p.m.) September 11, 2001).

Entity Tags: Dan Balz, Colin Powell, Kenneth Pollack, David Frum, George W. Bush

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right.President Bush (below television screen) meeting with the National Security Council in a bunker below the White House. In the far row from left to right, are Attorney General Ashcroft, President Bush, Chief of Staff Card, CIA Director Tenet, and counterterrorism “tsar” Ckarke. In the near row, Secretary of State Powell can be seen waving his hand, and National Security Advisor Rice sits to his right. [Source: Eric Draper/ White House]President Bush meets with his full National Security Council. According to journalist Bob Woodward, this meeting turns out to be “unwieldy.” So at 9:30 p.m., Bush follows it with a meeting with a smaller group of his most senior principal national security advisers in the Presidential Emergency Operations Center (PEOC) beneath the White House. Bush and his advisers have already decided bin Laden is behind the attacks. As the president later recalls, in these meetings, “That’s when we first got the indication… we’ve identified, we think it’s al-Qaeda.” He says the FBI now thinks that “it’s al-Qaeda, and we start to develop our plans to get them. I mean, there wasn’t any hesitation. We’re starting the process of coalition-building and how to get ‘em.” (According to other accounts, though, the CIA had informed Bush hours earlier that it was virtually certain al-Qaeda was to blame for the attacks (see (3:15 p.m.) September 11, 2001).) CIA Director George Tenet says that al-Qaeda and the Taliban in Afghanistan are essentially one and the same. Tenet says, “Tell the Taliban we’re finished with them.” [Sammon, 2002, pp. 133; Woodward, 2002, pp. 31-33; Washington Post, 1/27/2002] The president says, “I want you all to understand that we are at war and we will stay at war until this is done. Nothing else matters. Everything is available for the pursuit of this war. Any barriers in your way, they’re gone. Any money you need, you have it. This is our only agenda.” When, later in the discussion, Defense Secretary Donald Rumsfeld points out that international law only allows force to prevent future attacks and not for retribution, Bush yells, “No. I don’t care what the international lawyers say, we are going to kick some ass.” [Clarke, 2004, pp. 23-24] Bush will subsequently announce a new US doctrine of preemptive attack the following June (see June 1, 2002). [Time, 6/23/2002] During the meeting, the president refers to the present political situation as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). By the time the meeting ends, it is after 10 p.m. [Sammon, 2002, pp. 133]

Entity Tags: Osama bin Laden, Taliban, National Security Council, Richard A. Clarke, George W. Bush, Donald Rumsfeld, Al-Qaeda, George J. Tenet, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush describes the state of affairs brought about by today’s terrorist attacks as a “great opportunity.” Bush is in a meeting with his key advisers in the Presidential Emergency Operations Center below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001). Referring to the attacks and the present political situation, he tells his colleagues: “This is a great opportunity. We have to think of this as an opportunity.” According to journalist Bob Woodward, he means this is a chance to improve relations, especially with major powers such as Russia and China, and is about more than just flushing out Osama bin Laden. [Woodward, 2002, pp. 31-32; Washington Post, 1/27/2002] He says, “This is an opportunity beyond Afghanistan; we have to shake terror loose in places like Syria and Iran and Iraq,” according to journalist and author Kurt Eichenwald. “This is an opportunity to rout out terror wherever it might exist,” he adds. [Eichenwald, 2012, pp. 51]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A section from Rumsfeld’s notes, dictated to Stephen Cambone.A section from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department] (click image to enlarge)Stephen Cambone, the Principal Deputy Undersecretary of Defense for Policy, makes the following note for Defense Secretary Rumsfeld at an emergency policy meeting, “AA 77—3 indiv have been followed since Millennium + Cole. 1 guy is assoc of Cole bomber. 2 entered US in early July (2 of 3 pulled aside and interrogated?).” Although four of the subsequently alleged Flight 77 hijackers were known to the authorities in connection with terrorism before 9/11, it appears that the three referred to here as being followed are Nawaf Alhazmi, Khalid Almihdhar, and Salem Alhazmi, due to their ties to an al-Qaeda Malaysia summit around the Millennium (see January 5-8, 2000) and ties to the USS Cole bombing (see October 12, 2000). Nawaf Alhazmi and Khalid Almihdhar initially arrived in the US shortly before or after the Millennium plot was due to come to fruition (see November 1999 and January 15, 2000), even entering at Los Angeles Airport (LAX), a target of the plot. If the note is literally correct that some US authorities were following these three since the Millennium, this would contradict the 9/11 Commission’s position that the trail of the three was lost shortly after the Millennium. The comment that one of the hijackers is an associate of a Cole bomber could refer to photos the CIA had before 9/11 identifying Almihdhar standing next to Cole bomber Fahad al-Quso (see Early December 2000) or photos of him standing next to Cole bomber Khallad bin Attash (see January 4, 2001). The note’s mention that two of them entered the US in July is also accurate, as Salem Alhazmi entered the US on June 29 (see April 23-June 29, 2001) and Khalid re-entered on July 4 (see July 4, 2001). [US Department of Defense, 9/11/2001 pdf file; US Department of Defense, 2/6/2006 pdf file] Earlier in the day, Cambone took notes for Rumsfeld that indicate Rumsfeld is keen to move against Iraq following the 9/11 attacks, even though he was aware there may be no connection between Iraq and 9/11 (see (2:40 p.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; Guardian, 2/24/2006]

Entity Tags: Khalid Almihdhar, Stephen A. Cambone, Salem Alhazmi, Nawaf Alhazmi, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After a meeting with the full National Security Council from 9:00 to 10:00 p.m. (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush continues meeting with a smaller group of advisers. During this meeting, Bush says the US will punish not just the perpetrators of the 9/11 attacks, but also those who harbored them (this closely echoes the rhetoric he used in a speech that evening (see 8:30 p.m. September 11, 2001)). Secretary of State Colin Powell suggests the US needs to build a coalition of other nations. But according to the 9/11 Commission, Defense Secretary Donald Rumsfeld urges Bush to “think broadly about who might have harbored the attackers, including Iraq, Afghanistan, Libya, Sudan, and Iran. He wonder[s] aloud how much evidence the United States would need in order to deal with these countries, pointing out that major strikes could take up to 60 days to assemble.” [9/11 Commission, 7/24/2004, pp. 330] According to journalist Bob Woodward, at this meeting, “Rumsfeld actually puts Iraq on the table and says, ‘Part of our response maybe should be attacking Iraq. It’s an opportunity.’” [PBS Frontline, 6/20/2006] Earlier in the day, notes by a Rumsfeld aide indicate Rumsfeld was aware that evidence was already suggesting al-Qaeda was behind the 9/11 attacks, but he wanted to use 9/11 as an excuse to attack Iraq as well (see (2:40 p.m.) September 11, 2001).

Entity Tags: Colin Powell, George W. Bush, Bob Woodward, Donald Rumsfeld

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

After meeting with a small group of his key advisers in the Presidential Emergency Operations Center (PEOC) below the White House (see (9:00 p.m.-10:00 p.m.) September 11, 2001), President Bush is heading for the elevator to go back upstairs, when he is stopped by a Secret Service agent. The agent tells him, “You’ll be sleeping down here tonight.” Bush says no. When the agent tries to argue about it, Bush repeats, “No, I’m not going to.” He later says his reasons for refusing the Secret Service agent’s instruction are, firstly, “the bed [in the PEOC] looked unappetizing. Secondly, it was a little stale in there. And I needed sleep.” The agent acquiesces, but warns, “If we have any threats, we will come and get you.” Bush then heads up to his bedroom. [Newsweek, 12/3/2001; Sammon, 2002, pp. 133-134] But, shortly after going to bed, the president and first lady will be rushed down to the PEOC due to a false alarm over an approaching plane (see 11:08 p.m. September 11, 2001).

Entity Tags: US Secret Service, George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General John Ashcroft briefs about 250 members of Congress on the latest developments regarding the day’s terrorist attacks. [Associated Press, 9/12/2001] Since he arrived there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001), Ashcroft has spent most of the day at the Strategic Information and Operations Center at the FBI’s headquarters in Washington, DC (see (2:00 p.m.-8:30 p.m.) September 11, 2001). He and other senior Justice Department officials have repeatedly heard from members of Congress who want more information about the attacks. Ashcroft will later recall, “We tried our best to provide it, but we were still in the heat of battle.” However, “No matter; Congress wanted answers.” Therefore, after attending a meeting at the White House—presumably President Bush’s meeting with his National Security Council and/or his subsequent meeting with his most senior principal national security advisers (see (9:00 p.m.-10:00 p.m.) September 11, 2001)—Ashcroft heads to the police station north of the Hart Senate Office Building, to brief the House and Senate members who are gathered there. [9/11 Commission, 12/17/2003 pdf file; Ashcroft, 2006, pp. 129] About 250 members of Congress are at the briefing. [Associated Press, 9/12/2001] Ashcroft will recall, “The place was jammed with members of Congress, all shouting questions, some complaining about apparent inconsistencies, many expressing dissatisfaction that we didn’t know everything, and all wanting answers that I didn’t know or couldn’t say.” [Ashcroft, 2006, pp. 129] He reportedly tells those at the briefing that “the US government now believes teams of three to five individuals carrying knives commandeered those four airliners earlier today, destroying them and themselves in the process.” [CNN, 9/11/2001; CNN, 9/12/2001] Ashcroft stays at the police station until well after midnight, holding what he will describe as “an intense discussion” with the members of Congress. He has to say “I don’t know” over and over again, he will recall. [Ashcroft, 2006, pp. 129]

Entity Tags: John Ashcroft

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After refusing the Secret Service’s instruction to sleep in the Presidential Emergency Operations Center (PEOC) below the White House, and going instead to his bedroom (see (Shortly After 10:00 p.m.) September 11, 2001), President Bush is awoken by someone telling him, “Mr. President, Mr. President! Incoming plane! We could be under attack! Come on! Right now!” Bush and the first lady get out of bed, and join everybody else heading to the PEOC. On the way down, they run into Andrew Card, Condoleezza Rice, and also Neil Bush—one of the president’s younger brothers—who apparently is staying at the White House at this time. About a minute after arriving at the PEOC, though, someone comes in and says, “Mr. President, good news! It’s one of our own!” Bush later says the incoming plane was just an F-16 fighter jet. The Secret Service still wants him to spend the night in the PEOC, but Bush refuses and goes back to the residence for the rest of the night. [Newsweek, 12/3/2001; Sammon, 2002, pp. 134-135; Woodward, 2002, pp. 36]

Entity Tags: Neil Bush, Laura Bush, Condoleezza Rice, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During a National Security Council meeting, FBI Director Robert Mueller begins to describe the investigation under way to identify the 9/11 hijackers. According to journalist Bob Woodward, “He said it was essential not to taint any evidence so that if accomplices were arrested, they could be convicted.” But Attorney General John Ashcroft interrupts. Woodward will paraphrase Ashcroft saying, “The chief mission of US law enforcement… is to stop another attack and apprehend any accomplices or terrorists before they hit us again. If we can’t bring them to trial, so be it.” Woodward will comment, “Now, Ashcroft was saying, the focus of the FBI and the Justice Department should change from prosecution to prevention, a radical shift in priorities.” President Bush is at the meeting and apparently does not challenge Ashcroft’s suggestion. [Woodward, 2002, pp. 42-43]

Entity Tags: Robert S. Mueller III, John Ashcroft, Bob Woodward, National Security Council, George W. Bush

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Carl Levin.Carl Levin. [Source: Publicity photo]Air Force General Richard Myers is questioned about the US military’s response to the 9/11 attacks when he appears before the Senate Armed Services Committee for his confirmation hearing as chairman of the Joint Chiefs of Staff, but his answers are vague and confused, and he claims, incorrectly, that no fighter jets were scrambled in response to the hijackings until after the Pentagon was hit. [Shenon, 2008, pp. 119; Farmer, 2009, pp. 241-243] Myers has been the vice chairman of the Joint Chiefs of Staff since March 2000. [US Air Force, 9/2005] With General Henry Shelton, the chairman of the Joint Chiefs of Staff, flying toward Europe on the morning of September 11 (see (8:50 a.m.-10:00 a.m.) September 11, 2001), he served as the acting chairman of the Joint Chiefs of Staff during the 9/11 attacks. [Myers, 2009, pp. 10; Shelton, Levinson, and McConnell, 2010, pp. 431-433]
Myers Says Fighters Were Only Scrambled after the Pentagon Attack - During the hearing, Senator Carl Levin (D-MI) asks if the Department of Defense was contacted by “the FAA or the FBI or any other agency” after the first two hijacked aircraft crashed into the World Trade Center, at 8:46 a.m. and 9:03 a.m. (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001), but before 9:37 a.m., when the Pentagon was hit (see 9:37 a.m. September 11, 2001). Myers replies, “I don’t know the answer to that question.” Levin then asks if the military was “asked to take action against any specific aircraft” during the attacks. Myers answers, “When it became clear what the threat was, we did scramble fighter aircraft, AWACS, radar aircraft, and tanker aircraft to begin to establish orbits in case other aircraft showed up in the FAA system that were hijacked.” Myers elaborates later in the hearing, telling Senator Bill Nelson (D-FL): “[A]fter the second tower was hit, I spoke to the commander of NORAD, General [Ralph] Eberhart (see (9:37 a.m.) September 11, 2001). And at that point, I think the decision was at that point to start launching aircraft.” But he tells Levin that “to the best of my knowledge,” the order to scramble fighters was only given “after the Pentagon was struck.”
Flight 93 Was Not Shot Down, Myers Says - Myers addresses the military’s response to Flight 93, the fourth hijacked plane, which crashed in a field in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001). He says: “[I]f my memory serves me… we had launched on the one that eventually crashed in Pennsylvania. I mean, we had gotten somebody close to it, as I recall.” However, he adds, “I’ll have to check that out.” When Levin mentions that there have been “statements that the aircraft that crashed in Pennsylvania was shot down,” Myers responds, “[T]he armed forces did not shoot down any aircraft.” He says, “[W]e never actually had to use force.” Although Myers appears unclear about when the North American Aerospace Defense Command (NORAD) launched fighters in response to the hijackings, he is more confident when he states: “At the time of the first impact on the World Trade Center, we stood up our Crisis Action Team. That was done immediately. So we stood it up. And we started talking to the federal agencies.” [US Congress, 9/13/2001]
NORAD and the 9/11 Commission Contradict Myers's Account - Myers’s claim that fighters were only launched in response to the hijackings after the Pentagon was hit will later be contradicted by the accounts of NORAD and the 9/11 Commission, which state that fighters were ordered to take off from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001) and from Langley Air Force Base in Virginia at 9:24 a.m. (see 9:24 a.m. September 11, 2001). [North American Aerospace Defense Command, 9/18/2001; 9/11 Commission, 7/24/2004, pp. 20, 27] The 9/11 Commission will also contradict Myers’s claim that the military launched fighters in response to Flight 93 and “had gotten somebody close to it.” “By the time the military learned about the flight,” the 9/11 Commission Report will state, “it had crashed.” [9/11 Commission, 7/24/2004, pp. 34]
Myers's Testimony Prompts Criticism in the Media - Journalist and author Philip Shenon will question why Myers, a veteran Air Force fighter pilot, would give such an inaccurate account of the military’s response to the 9/11 attacks during the hearing. “It seemed obvious that Myers, of all people at the Pentagon, would want to know—would demand to know—how jet fighters under NORAD’s control had responded on the morning of September 11 to the threat in the skies,” he will write. [US Congress, 9/13/2001; Shenon, 2008, pp. 119] John Farmer, the senior counsel to the 9/11 Commission, will comment that “Myers’s evident confusion about precisely what had occurred prompted criticism in the media and a quick, if contradictory, response from the administration.” [Farmer, 2009, pp. 243] Major General Paul Weaver, director of the Air National Guard, will provide a more detailed account of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon on September 14 (see September 14, 2001). [Dallas Morning News, 9/14/2001] And four days later, NORAD will release a timeline of its response to the hijackings (see September 18, 2001). [North American Aerospace Defense Command, 9/18/2001]

Entity Tags: Richard B. Myers, Senate Armed Services Committee, Carl Levin, Clarence W. (“Bill”) Nelson

Timeline Tags: Complete 911 Timeline

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

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

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

George Tenet pointing at a map and describing CIA operations in Afghanistan on September 30, 2001. Also at the table are George Bush, Condoleezza Rice, and Andrew Card.George Tenet pointing at a map and describing CIA operations in Afghanistan on September 30, 2001. Also at the table are George Bush, Condoleezza Rice, and Andrew Card. [Source: White House]President Bush and his top advisers meet at Camp David to discuss how to respond to the 9/11 attacks. Attendees include: CIA Director George Tenet, Vice President Dick Cheney, Secretary of State Colin Powell, Defense Secretary Donald Rumsfeld, Treasury Secretary Paul O’Neill, National Security Adviser Condoleezza Rice, FBI Director Robert Mueller, and Deputy Defense Secretary Paul Wolfowitz. [Washington Post, 1/31/2002; Vanity Fair, 5/2004, pp. 232] There is discussion on a paper submitted by the Defense Department submitted the day before depicting Iraq, the Taliban, and al-Qaeda as priority targets (see September 14, 2001).
Push to Attack Iraq - Rumsfeld has already suggested that the US should use 9/11 as an excuse to attack Iraq (see 10:00 p.m. September 11, 2001 and September 12, 2001). Now Wolfowitz pushes for regime change in Iraq, claiming that there is a 10 to 50 percent chance that Iraq was involved in the attacks. [Woodward, 2002, pp. 83; Vanity Fair, 5/2004; Washington Post, 7/23/2004] Attacking Afghanistan is uncertain at best, Wolfowitz argues, with the likelihood that US troops will get mired in mountain fighting. In contrast, Iraq is, in author Bob Woodward’s words, “a brittle, oppressive regime that might break easily. It was doable.” According to Woodward, chief of staff Andrew Card believes that Wolfowitz is doing nothing more than “banging a drum” and is “not providing additional information or new arguments.” [Woodward, 2002, pp. 83; American Conservative, 3/24/2003] Powell will later recall that Wolfowitz argues that Iraq should be attacked because it is ultimately the source of the terrorist problem. Wolfowitz “was always of the view that Iraq was a problem that had to be dealt with. And he saw this as one way of using this event as a way to deal with the Iraq problem.” [9/11 Commission, 7/24/2004, pp. 335] Deputy CIA Director John McLaughlin will later recall that the discussion about possible Iraqi involvement in 9/11 “went back and forth, back and forth, back and forth. The [CIA] argued that that was not appropriate, not the right conclusion to draw at this point.” Secretary of State Colin Powell supports the CIA on this. Then, according to McLaughlin: “At the end of all this deliberation, the president says, ‘Thank you all very much. This has been a very good discussion. I’m going to think about all of this on Sunday, and I’ll call you together Monday [September 17] and tell you what I’ve concluded.” [PBS Frontline, 6/20/2006]
Focus on Afghanistan First - Bush will later tell reporter Bob Woodward that, in his own mind, he made the decision not to immediately attack Iraq in the morning on this day. He wants to focus on Afghanistan first. [9/11 Commission, 7/24/2004, pp. 335] Wolfowitz will later recall in an interview with Vanity Fair: “On the surface of the debate it at least appeared to be about not whether but when. There seemed to be a kind of agreement that yes it should be, but the disagreement was whether it should be in the immediate response or whether you should concentrate simply on Afghanistan first. To the extent it was a debate about tactics and timing, the president clearly came down on the side of Afghanistan first. To the extent it was a debate about strategy and what the larger goal was, it is at least clear with 20/20 hindsight that the president came down on the side of the larger goal.” [Vanity Fair, 5/9/2003] In his 2002 book Bush at War, Woodward will write, “Bush’s advisers wondered if they would ever find a way to end the talking and pull the trigger.” [Roberts, 2008, pp. 106]

Entity Tags: Paul O’Neill, George J. Tenet, George W. Bush, Robert S. Mueller III, Donald Rumsfeld, John E. McLaughlin, Colin Powell, Condoleezza Rice, Richard (“Dick”) Cheney, Paul Wolfowitz

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

President Bush tells National Security Adviser Condoleezza Rice that while the US is going to focus on attacking Afghanistan first, he also wants to do something about Saddam Hussein. Journalist Bob Woodward will later paraphrase what Bush told him: “There’s some pressure to go after Saddam Hussein. Don Rumsfeld has said, ‘This is an opportunity to take out Saddam Hussein, perhaps. We should consider it.’ And the president says to Condi Rice meeting head to head, ‘We won’t do Iraq now. But it is a question we’re gonna have to return to.’” [CBS News, 4/18/2004; 9/11 Commission, 7/24/2004, pp. 335] Bush will later claim he made the decision to invade Afghanistan and then go after Iraq one day earlier (see September 15, 2001).

Entity Tags: Condoleezza Rice, George W. Bush

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

Police in Qatar arrest Ahmad Hikmat Shakir. US intelligence is very interested in Shakir, partly because he comes from Iraq and thus might be connected to the Iraqi government of Saddam Hussein, and partly because he was seen at the January 2000 al-Qaeda summit in Malaysia attended by at least two of the 9/11 hijackers (see January 5-8, 2000). A search of Shakir’s apartment in Qatar yields a “treasure trove” of information, including telephone records linking him to suspects in the 1993 World Trade Center bombing (see February 26, 1993) and the 1995 Bojinka plot (see January 6, 1995). Yet, according to a senior Arab intelligence official, when the Qataris ask the US if they want to take custody of him, the US says no. He goes Jordan on October 21 instead. (Accounts differ as to whether Qatar releases him and Jordan captures him or whether Qatar sends him there.) Newsweek implies that the US expects Jordan will torture Shakir and share what they learn. The US is not allowed to directly question him. Three months later, he is “inexplicably released by Jordanian authorities” and vanishes. He has not been caught since. [Newsweek, 12/5/2001; Newsweek, 9/30/2002]

Entity Tags: Saddam Hussein, Ahmad Hikmat Shakir, Jordan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The North American Aerospace Defense Command (NORAD) releases a chronology of the events of September 11 and its response to the terrorist attacks that day, but the accuracy of this account will later be challenged by the 9/11 Commission. [North American Aerospace Defense Command, 9/18/2001; 9/11 Commission, 7/24/2004, pp. 34; 9/11 Commission, 7/29/2004]
NORAD Learned of First Hijackings Too Late to Defend the WTC - The chronology provides the times at which NORAD’s Northeast Air Defense Sector (NEADS) was alerted to the hijackings and when fighter jets were scrambled in response to the hijackings. It states that the Federal Aviation Administration (FAA) notified NEADS about Flight 11, the first hijacked aircraft, at 8:40 a.m. In response, the order was given to scramble two F-15 fighters from Otis Air National Guard Base in Cape Cod, Massachusetts, at 8:46 a.m. (see 8:46 a.m. September 11, 2001), the same time that Flight 11 crashed into the World Trade Center (see 8:46 a.m. September 11, 2001), and the fighters were airborne at 8:52 a.m. (see 8:53 a.m. September 11, 2001). The FAA notified NEADS about Flight 175, the second hijacked aircraft, at 8:43 a.m., according to the chronology. When Flight 175 crashed into the WTC at 9:03 a.m. (see 9:03 a.m. September 11, 2001), the chronology states, the Otis fighters were 71 miles away from New York.
Fighters Were Scrambled in Response to Flight 77 Hijacking - NEADS was alerted to Flight 77, the third hijacked aircraft, at 9:24 a.m., according to the chronology. In response, the order was given to scramble two F-16 fighters from Langley Air Force Base in Virginia (see 9:24 a.m. September 11, 2001) and these were airborne at 9:30 a.m. (see (9:25 a.m.-9:30 a.m.) September 11, 2001). But the F-16s were 105 miles from the Pentagon when it was hit at 9:37 a.m. (see 9:37 a.m. September 11, 2001). Regarding the fourth hijacked aircraft, Flight 93, the chronology gives “N/A” as the time the FAA alerted NEADS, but it also states that the FAA and NEADS discussed the flight on “a line of open communication.” At 10:03 a.m., when Flight 93 crashed in Pennsylvania (see (10:03 a.m.-10:10 a.m.) September 11, 2001 and (10:06 a.m.) September 11, 2001), the chronology states, the F-16s launched from Langley Air Force Base in response to the hijacking of Flight 77 were “in place to protect DC.” [North American Aerospace Defense Command, 9/18/2001]
9/11 Commission Disputes NORAD's Account - The 9/11 Commission Report, released in 2004, will highlight what it says are inaccuracies in NORAD’s timeline of the events of September 11. It will state that NORAD’s claim that NEADS was alerted to Flight 77 at 9:24 a.m. was incorrect. The notice NEADS received at that time, according to the report, was the incorrect claim that Flight 11 “had not hit the World Trade Center and was heading for Washington, DC” (see 9:21 a.m. September 11, 2001). “NEADS never received notice that American 77 was hijacked,” the report will state. “It was notified at 9:34 that American 77 was lost (see 9:34 a.m. September 11, 2001). Then, minutes later, NEADS was told that an unknown plane was six miles southwest of the White House” (see 9:36 a.m. September 11, 2001). The report will state that NORAD’s claim that the Langley fighters were scrambled in response to the notification about Flight 77 is also incorrect. Instead, it will state, the fighters were scrambled in response to the incorrect report that Flight 11 was still airborne and heading south. [9/11 Commission, 7/24/2004, pp. 34]
9/11 Commission Disputes NORAD's Account regarding Flights 175 and 93 - Furthermore, whereas NORAD’s chronology claims that NEADS discussed Flight 93 with the FAA on “a line of open communication,” the 9/11 Commission Report will state that NEADS “first received a call about United 93 from the military liaison at [the FAA’s] Cleveland Center at 10:07,” by which time the plane “had already crashed” (see 10:05 a.m.-10:08 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 30] And while NORAD states that the FAA notified NEADS about Flight 175 at 8:43 a.m., according to the report, the first notification came “in a phone call from [the FAA’s] New York Center to NEADS at 9:03” (see (9:03 a.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 23]
Military Has Been Slow to Provide Details of Its Response on September 11 - US military officials, according to the Washington Post, “have been slow to respond to press inquiries for a timeline that would establish the exact times that civil aviation authorities became aware of the hijackings, when US military commanders were notified, and when US fighter jets took to the air.” [Washington Post, 9/15/2001] On September 13, Air Force General Richard Myers was questioned about the military’s response to the 9/11 attacks before the Senate Armed Services Committee, but his answers were vague and confused (see September 13, 2001). [US Congress, 9/13/2001; Farmer, 2009, pp. 241-242] A day later, Major General Paul Weaver, director of the Air National Guard, provided reporters with details of the military’s response to the hijackings in an “impromptu hallway interview” at the Pentagon (see September 14, 2001). [Dallas Morning News, 9/14/2001]

Entity Tags: North American Aerospace Defense Command

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On numerous occasions, key members of the Bush administration refer to 9/11 as an “opportunity.” [New Statesman, 12/16/2002]
bullet During a news conference on September 19, President Bush says: “[I]n terms of foreign policy and in terms of the world, this horrible tragedy has provided us with an interesting opportunity. One of the opportunities is in the Middle East.” He continues: “[T]his government, working with Congress, are going to seize the moment. Out of our tears, I said I see opportunity, and we will seek opportunity, positive developments from this horrible tragedy that has befallen our nation.” [White House, 9/19/2001]
bullet Secretary of Defense Donald Rumsfeld tells the New York Times: “[I]s it possible that what took place on September 11th… that maybe out of this tragedy comes opportunity? Maybe… the world will sufficiently register the danger that exists on the globe and have this event cause the kind of sense of urgency and offer the kind of opportunities that World War II offered, to refashion much of the world.” [New York Times, 10/12/2001]
bullet In March 2002, National Security Adviser Condoleezza Rice tells the New Yorker “that she had called together the senior staff people of the National Security Council and asked them to think seriously about ‘how do you capitalize on these opportunities’ to fundamentally change American doctrine, and the shape of the world, in the wake of September 11th.” [New Yorker, 4/1/2002] In a speech the following month, she says: “[I]f the collapse of the Soviet Union and 9/11 bookend a major shift in international politics, then this is a period not just of grave danger, but of enormous opportunity. Before the clay is dry again, America and our friends and our allies must move decisively to take advantage of these new opportunities. This is, then, a period akin to 1945 to 1947, when American leadership expanded the number of free and democratic states—Japan and Germany among the great powers—to create a new balance of power that favored freedom.” [White House, 4/29/2002]
bullet President Bush’s National Security Strategy, published in September 2002 (see September 20, 2002), states, “The events of September 11, 2001, fundamentally changed the context for relations between the United States and other main centers of global power, and opened vast, new opportunities.” [US President, 9/2002]
As early as the evening of 9/11 itself, Bush had referred to the political situation resulting from the attacks as a “great opportunity” (see (Between 9:30 p.m. and 10:00 p.m.) September 11, 2001). [Woodward, 2002, pp. 31-32]

Entity Tags: Donald Rumsfeld, George W. Bush, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Project for the New American Century (PNAC), an influential neoconservative think tank, publishes a letter addressed to President Bush and signed by magazine publisher William Kristol, Defense Policy Board chairman Richard Perle (see September 16, 2001), and 38 other neoconservatives and hardliners. It is reprinted by Kristol’s Weekly Standard shortly thereafter. The authors threaten to brand Bush as a “wimp,” guilty of “surrender in the war on international terrorism” if he fails to carry out their demand to make “a determined effort” to overthrow Iraq’s Saddam Hussein, “even if evidence does not link Iraq directly to the [9/11] attack[s].” [Project for the New American Century, 9/20/2001; Rich, 2006, pp. 28] Any failure to attack Iraq, the authors say, “will constitute an early and perhaps decisive surrender in the war on international terrorism.” Invading Iraq is not their only demand. To retain their support, the letter reads, Bush must also target the terror organization Hezbollah for eradication, and retaliate against Syria and Iran if they do not break their ties with Hezbollah. The letter calls Israel “America’s staunchest ally against international terrorism.” Conservative isolationist Pat Buchanan will later write that the real motive for this letter seems to be tied to Israel: “Here was a cabal of intellectuals telling the commander in chief, nine days after an attack on America, that if he did not follow their war plans, he would be charged with surrendering to terror. Yet, Hezbollah had nothing to do with 9/11. What had Hezbollah done? Hezbollah had humiliated Israel by driving its army out of Lebanon. President Bush had been warned. He was to exploit the attack of 9/11 to launch a series of wars on Arab regimes, none of which had attacked us. All, however, were enemies of Israel.… The War Party [Bush administration neoconservatives] seemed desperate to get a Middle East war going before America had second thoughts.” [Project for the New American Century, 9/20/2001; American Conservative, 3/24/2003]

Entity Tags: Patrick Buchanan, William Kristol, Weekly Standard, Project for the New American Century, George W. Bush, Richard Perle

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

On September 24, 2001, the US freezes the accounts of 27 individuals and organizations, alleging that they had channeled money to al-Qaeda (see September 24, 2001). Included in the list is the Mamoun Darkazanli Import Export Company, which may have been used to funnel money to the hijackers (see June 2000-August 2001). US officials say Darkazanli took part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996). Darkazanli attended Said Bahaji’s wedding in 1999 (see October 9, 1999). [New York Times, 9/29/2001] On October 2, 2001, Darkazanli’s other accounts are also frozen. The US and German governments suspect Darkazanli of providing financial and logistical support to the Hamburg al-Qaeda cell. [Agence France-Presse, 10/28/2001] Shortly thereafter, Spanish police listening in to Barakat Yarkas’ telephone hear Yarkas warn the leader of a Syrian extremist organization that Darkazanli has caught the “flu” going around. This is believed to be a coded reference meaning that communicating with Darkazanli is not safe (see August 1998-September 11, 2001 and Spring 2000). [Chicago Tribune, 11/17/2002]

Entity Tags: Al-Qaeda, Said Bahaji, Mamoun Darkazanli, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

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

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

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

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Abd al-Karim al-Iryani, who was prime minister of Yemen at the time of the USS Cole attacks, tells the Guardian: “Khalid Almihdhar was one of the Cole perpetrators, involved in preparations. He was in Yemen at the time and stayed after the Cole bombing (see 10:35-10:39 a.m., August 7, 1998) for a while, then he left.” [Guardian, 10/15/2001]

Entity Tags: Abd al-Karim al-Iryani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In a key speech about al-Qaeda’s responsibility for the 9/11 attacks, British Prime Minister Tony Blair says that one of the hijackers played a “key role” in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Though he doesn’t specify which one, he does say the individual was one of the three hijackers who were quickly identified after 9/11 as known al-Qaeda associates (see 9:53 p.m. September 11, 2001) and someone who had also played an important role in the USS Cole attacks (see October 14-Late November, 2000). [UK Prime Minister, 10/4/2001] Blair’s description of this hijacker as being involved in the USS Cole and African Embassy attacks strongly suggests the person he is referring to is Khalid Almihdhar. Almihdhar allegedly had a hand in the Cole attack (see Early October 2001) and had links to one of the captured embassy bombers, Mohamed al-Owhali. Before the Cole attacks, al-Owhali stayed at an al-Qaeda communications hub in Yemen run by Almihdhar’s father-in-law (see February 2001 and After). Additionally, al-Owhali met an al-Qaeda operative in Pakistan by the name of Khalid, although this may have been Khallad (aka Tawfiq bin Attash), or even Khalid Shaikh Mohammed. [United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; Guardian, 10/5/2001; CNN, 10/16/2001; Burke, 2004, pp. 174; 9/11 Commission, 7/24/2004, pp. 222; Wright, 2006, pp. 309] It is also possible that the person alluded to in Blair’s speech is Nawaf Alhazmi, who also had connections to the embassy bombings (see 1993-1999).

Entity Tags: Khallad bin Attash, Tony Blair, Salem Alhazmi, Khalid Almihdhar, Khalid Shaikh Mohammed, Ahmed al-Hada, Nawaf Alhazmi, Mohamed al-Owhali

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

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

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

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

It is reported that the FBI and Justice Department have ordered FBI agents across the US to cut back on their investigation of the September 11 attacks, so as to focus on preventing future, possibly imminent, attacks. According to the New York Times, while law enforcement officials say the investigation of 9/11 is continuing aggressively, “At the same time… efforts to thwart attacks have been given a much higher priority.” Attorney General John Ashcroft and FBI Director Robert Mueller “have ordered agents to drop their investigation of the [9/11] attacks or any other assignment any time they learn of a threat or lead that might suggest a future attack.” Mueller believes his agents have “a broad understanding of the events of September 11,” and now need “to concentrate on intelligence suggesting that other terrorist attacks [are] likely.” The Times quotes an unnamed law enforcement official: “The investigative staff has to be made to understand that we’re not trying to solve a crime now. Our number one goal is prevention.” [New York Times, 10/9/2001] At a news conference the previous day, Ashcroft stated that—following the commencement of the US-led attacks on Afghanistan—he had placed federal law enforcement on the highest level of alert. But he refused to say if he had received any specific new threats of terrorist attacks. [US Department of Justice, 10/8/2001] The New York Times also reports that Ashcroft and Mueller have ordered FBI agents to end their surveillance of some terrorist suspects and immediately take them into custody. However, some agents have been opposed to this order because they believe that “surveillance—if continued for days or weeks—might turn up critical evidence to prove who orchestrated the attacks on the World Trade Center and the Pentagon.” [New York Times, 10/9/2001] Justice Department communications director Mindy Tucker responds to the New York Times article, saying it “is not accurate,” and that the investigation into 9/11 “has not been curtailed, it is ongoing.” [United Press International, 10/9/2001]

Entity Tags: US Department of Justice, John Ashcroft, Mindy Tucker, Federal Bureau of Investigation, Robert S. Mueller III

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

It is reported that Attorney General John Ashcroft and his Justice Department is assuming control of all terrorism-related prosecutions from the US Attorney’s office in New York, which has had a highly successful record of accomplishment in prosecuting cases connected to bin Laden. 15 of the 22 suspects listed on a most wanted terrorism list a month after 9/11 had already been indicted by the New York office in recent years. A former federal prosecutor says of the New York office, “For eight years, they have developed an expertise in these prosecutions and the complex facts that surround these groups. If ever there was a case where you’d want to play to your strength, this is it.” [New York Times, 10/11/2001] A grand jury in the New York district began investigating the 9/11 attacks one week after 9/11. But media accounts of this grand jury’s activity stop by late October 2001 and there appears to be no other grand jury taking its place (see September 18, 2001).

Entity Tags: US Department of Justice, Osama bin Laden

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

Muslim World League logo.
Muslim World League logo. [Source: Muslim World League]The International Islamic Relief Organization (IIRO) and the Muslim World League (MWL) are Saudi charities directly financed by the Saudi government. In 1996, the CIA gave the State Department a report detailing evidence that the IIIRO supported terrorism. It claimed the IIRO has funded Hamas and six militant training camps in Afghanistan, and one funder of the Bojinka plot to blow up airplanes over the Pacific was the head of the IIRO office in the Philippines (see January 1996). US intelligence officials also believe that MWL employees were involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Harper’s magazine claims that it has long been known that both groups helped fund al-Qaeda. However, in October 2001, it is reported that the Bush administration has left the two organizations off an October 12, 2001 list of designated terrorist groups to spare the Saudi government from embarrassment (see October 12, 2001). In March 2002, the Virginia offices of the IIRO and MWL will be raided by US Customs agents (see March 20, 2002). [Harper's, 3/2004] In September 2003, it will be reported that US officials recently gave Saudi officials a detailed documenting the IIRO’s terrorism links and asked the Saudis to close all of the organization’s overseas offices. [New York Times, 9/26/2003] However, as of January 2006, it will be reported that it appears the overseas offices of the IIRO and MWL are still open and the US has not officially declared either group to be terrorist sponsors. The US will still be complaining to the Saudis about these two organizations and others, and the Saudis will still not do anything about them (see January 15, 2006).

Entity Tags: International Islamic Relief Organization, Bush administration (43), Saudi Arabia, Muslim World League

Timeline Tags: Complete 911 Timeline

Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali  Khan, right.Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali Khan, right. [Source: Associated Press]The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]

Entity Tags: Nabil al-Marabh, Al-Qaeda, Mohammed Azmath, Syed Gul Mohammad Shah, Zacarias Moussaoui, Federal Bureau of Investigation

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

Khalfan Khamis Mohamed.Khalfan Khamis Mohamed. [Source: FBI]Four men are sentenced to life in prison for their roles in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The four are:
bullet Wadih El-Hage.
bullet Khalfan Khamis Mohamed.
bullet Mohamed al-Owhali.
bullet Mohammed Saddiq Odeh. [CNN, 10/21/2001]
Another man in custody for the embassy bombings, Mamdouh Mahmud Salim, attempted to stab a prison guard and was removed from the trail and eventually given 32 years in prison for the stabbing instead. [CNN, 5/4/2004] Double agent Ali Mohamed is also in custody and pleads guilty for a role in the bombings, but he is never sentenced and his fate remains murky (see July 2001-December 2001). A New York jury considered the death penalty for some of them, but deadlocked on that and opted for life in prison without parole instead. Over a dozen people remain wanted for their alleged roles in the embassy bombings, including all of the suspected masterminds. [CNN, 10/21/2001]

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Khalfan Khamis Mohamed, Ali Mohamed, Mamdouh Mahmud Salim, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law.President Bush signs the Patriot Act into law. [Source: White House]President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:
bullet 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink (D-HI) notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
bullet 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
bullet 3) Internet service providers can be ordered to reveal the websites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
bullet 4) The act “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
bullet 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
bullet 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [Roberts, 2008, pp. 39-40]
bullet 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
Passes with No Public Debate - The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there were no hearings or congressional debates. [Salon, 3/24/2003] Congressman Barney Frank (D-MA) says: “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment” (see October 2-4, 2001 and October 24, 2001). [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001]
Mounting Opposition - One year later, criticism of the law will grow. [San Francisco Chronicle, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003).

Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

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

Michael Ledeen, speaking at an event sponsored by the American Enterprise Institute (AEI), states: “No stages. This is total war. We are fighting a variety of enemies. There are lots of them out there. All this talk about first we are going to do Afghanistan, then we will do Iraq… this is entirely the wrong way to go about it. If we just let our vision of the world go forth, and we embrace it entirely and we don’t try to piece together clever diplomacy, but just wage a total war… our children will sing great songs about us years from now.” [Institute, 10/29/2001; Village Voice, 11/21/2001] Interestingly, several sources credit fellow AEI neoconservative Richard Perle, and not Ledeen, with the quote, including John Pilger’s book The New Rulers of the World [Pilger, 2002, pp. 10] and former State Department and USAID official William Fisher. [Informed Comment, 2/1/2005] Perle is the moderator of the AEI event where Ledeen speaks. [Institute, 10/29/2001; Village Voice, 11/21/2001]

Entity Tags: Richard Perle, Michael Ledeen, American Enterprise Institute

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

White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]

Entity Tags: Larry D. Thompson, John Ashcroft, Michael Chertoff, Donald J. Guter, Donald Rumsfeld, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The Justice Department announces that it has put 1,182 people into secret custody since 9/11. Most all of them are from the Middle East or South Asia. [New York Times, 8/3/2002] After this it stops releasing new numbers, but human rights groups believe the total number could be as high as 2,000. [Independent, 2/26/2002] Apparently this is roughly the peak for secret arrests, and eventually most of the prisoners are released, and none are charged with any terrorist acts (see July 3, 2002; December 11, 2002). Their names will still not have been revealed (see August 2, 2002).

Entity Tags: US Department of Justice

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

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

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

Attorney General John Ashcroft announces that the Justice Department is now on what he calls a “wartime footing.” The agency is revamping its priorities to refocus its efforts on battling terrorism. According to Ashcroft, a plan, which he intends to submit to Congress, mandates a reorganization of the Justice Department, as well as component agencies such as the FBI and the Immigration and Naturalization Service (INS), both of which will be overhauled to take a more aggressive stance in the effort to ward off terrorism. The plan will take five years to fully implement. Ashcroft is reticent about the details of the plans, but some proposals include:
bullet Allowing federal prison authorities to eavesdrop on prisoners conferring with their attorneys, effectively voiding the attorney-client privilege, if those prisoners are considered to be a threat to national security;
bullet Redirecting 10 percent of the Justice Department’s budget, or about $2.5 billion, to counterterrorism efforts;
bullet Restructuring the INS to focus on identifying, deporting, and prosecuting illegal aliens, with a special focus on potential terrorists.
The eavesdropping privilege causes an immediate stir among civil libertarians and Constitutional scholars. Justice Department spokeswoman Mindy Tucker notes that the order has already been published in the Federal Register and is, essentially, the law. Information gathered by authorities during such eavesdropping sessions would not be used in criminal prosecutions of the suspects, Tucker promises. “The team that listens is not involved in the criminal proceedings,” she says. “There’s a firewall there.” Senator Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, says he agrees with the general idea of refocusing the agency on terrorism, but suggests Ashcroft’s plan be reviewed by an existing commission that is now examining the FBI’s counterintelligence operations. That commission is headed by former FBI Director William Webster. Leahy’s fellow senator, Charles Grassley (R-IA), says: “As with any reorganization, the devil will be in the details. I hope for new accountability measures, not just structural changes.” Ashcroft says: “Defending our nation and defending the citizens of America against terrorist attacks is now our first and overriding priority. To fulfill this mission, we are devoting all the resources necessary to eliminate terrorist networks, to prevent terrorist attacks, and to bring to justice all those who kill Americans in the name of murderous ideologies.” [New York Times, 11/3/2001; Rich, 2006, pp. 35] “It is amazing to me that Ashcroft is essentially trying to dismantle the bureau,” says a former FBI executive director. “They don’t know their history and they are not listening to people who do.” [Harper's, 12/4/2001]

Entity Tags: Federal Bureau of Investigation, Mindy Tucker, John Ashcroft, US Immigration and Naturalization Service, Patrick J. Leahy, Charles Grassley, US Department of Justice, William H. Webster

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

The State Department’s Bureau of Intelligence and Research (INR) says in a report, according to INR official Greg Thielmann, that “there is no persuasive evidence that the Iraqi nuclear program is being reconstituted.” [New Yorker, 10/27/2003 Sources: Greg Thielmann]

Entity Tags: Bureau of Intelligence and Research

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: US International Relations

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

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

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

A second attempt at crafting and ratifying the Biological Weapons and Toxin Convention (BWC) fails after US officials disrupt the negotiations with what the journal New Scientist calls “a last-minute demand it knew other governments would reject.” The conference members hoped to complete the negotiation of an enforcement and verification protocol. The BWC would ban all biological warfare, and would provide enforcement for the ban, something the 1972 Biological Weapons Convention lacks. The US scuttled earlier talks on the new convention by abruptly pulling out of the proceedings (see July 23-25, 2001). Though US officials continue to insist that the Bush administration is in favor of a new treaty, European Union officials now believe that the US has no intention of allowing any such treaty to be ratified. EU officials question if they can continue to work with US officials on any international arms control treaties. One hundred and forty-four nations are attempting to salvage the talks, but the US’s participation is considered critical. An hour before the talks were to wrap up for the week, the US introduces a demand to strike a mandate under which treaty members have been negotiating legally binding compliance measures. Other nations have long since accepted the legally binding mandate, and, until Friday afternoon, US delegates had not voiced an objection. When US officials suddenly demand that the mandate be “terminated” in favor of a measure that would merely require signatories to follow current technological developments, it sparks an uproar among other delegates from European and Asian countries. To prevent the outright failure of the Review Conference, the chairman suspends negotiations until November 2002. Oliver Meier of the arms-control lobbying group Vertic says: “[T]here was never a question of that [measure] substituting for the negotiating mandate. If the US wanted to discuss that it could have brought it up any time during the three weeks.” The last-minute demand, says Meier, “was obviously an attempt to sabotage the conference.” Jan van Aken of the Sunshine Project, a German-American anti-bioweapons group, calls the US officials “liars” and characterizes their behavior as “insulting.” EU officials refuse to continue meeting with US officials after the sudden demand. Elisa Harris of the Center for International and Security Studies says that a failure to reach an agreement on the treaty “would send a very bad signal to proliferators that the international community lacks the will to enforce compliance with the BWC.” [New Scientist, 12/10/2001; Nuclear Threat Initiative, 2/2002; Common Dreams, 8/5/2002; Bulletin of the Atomic Scientists, 1/2003]

Entity Tags: Jan van Aken, New Scientist, Oliver Meier, Bush administration (43), Biological and Toxin Weapons Convention, Elisa Harris, European Union

Timeline Tags: US Military, Events Leading to Iraq Invasion, US International Relations

Neoconservative professor Eliot Cohen writes that the Afghan war is misnamed. It should be, he says, the latest salvo in “World War IV,” the US-led fight against Islamist terrorism. In agreement with other neoconservatives (see 1992, February 2002, April 3, 2003, and Spring 2007), Cohen says that World War III was the Cold War between the US and the Soviet Union. Like the Cold War, this “world war” against militant Islam “is, in fact, global;… will involve a mixture of violent and nonviolent efforts;… will require mobilization of skill, expertise and resources, if not of vast numbers of soldiers;… may go on for a long time; and… has ideological roots.” Afghanistan is “just one front in World War IV,” Cohen asserts, and after the US destroys al-Qaeda and kills its leadership, including, presumably, Osama bin Laden, it must then engage in new battles. Cohen recommends that the US ally itself with secular democracies in the Muslim world, and actively target Islamic regimes that sponsor terrorism, including Iraq (which he calls “the obvious candidate,” as it “not only helped al-Qaeda, but attacked Americans directly… and developed weapons of mass destruction”). After overthrowing the Iraqi regime, he counsels the US to “mobilize in earnest.” [Wall Street Journal, 11/20/2001]

Entity Tags: Eliot A. Cohen

Timeline Tags: Neoconservative Influence, Domestic Propaganda, War in Afghanistan

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

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

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

Former FBI director William Webster and eight former FBI officials publicly criticize Attorney General John Ashcroft’s post-9/11 policies (see Spring 2001, September 12, 2001, October 9, 2001, October 11, 2001, and November 9, 2001). The criticisms come less over Ashcroft’s civil liberties abrogations and more because Ashcroft’s policies violate law-enforcement common sense. By capturing suspected low-level terrorists in public sweeps, the Justice Department and the FBI lose the ability to track those suspects to their superiors in their organizations and groups. (None of the 900 or so suspects rounded up in the Ashcroft sweeps will be charged with any 9/11-related crimes—see October 20, 2001 and November 5, 2001.) [Rich, 2006, pp. 35-36] Webster says that long-term surveillance and undercover operations are much more effective than mass arrests. [Harper's, 12/4/2001] The former FBI officials also ridicule Ashcroft’s idea of interviewing 5,000 Middle Eastern men (none of whom will ever be convicted of a terrorism-related crime). Kenneth Walton, who founded the FBI’s first Joint Terrorism Task Force, says: “It’s the Perry Mason school of law enforcement, where you put them in there and they confess. Well, it just doesn’t work that way. You say, ‘Tell me everything you know,’ and they give you the recipe to Mom’s chicken soup.… It is ridiculous.” Most of those “invited” to interview never showed up, the officials note, and those who did merely answered “yes” or “no” to rote questions. [Time, 11/29/2001; Rich, 2006, pp. 35-36] Many local police officers are reluctant to participate in Ashcroft’s public sweeps. Eugene, Oregon police spokeswoman Pam Alejandere tells reporters, “Give us some legitimate reason to talk to the people—other than that they’re from the Middle East—and we’ll be glad to.” [Time, 11/29/2001]

Entity Tags: William H. Webster, John Ashcroft, Pam Alejandere, Kenneth Walton, Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Alan Cullison, a Wall Street Journal reporter in Afghanistan, obtains two computers looted from an al-Qaeda house in Kabul. One computer apparently belonged to al-Qaeda military commander Mohammed Atef but contained few files. The other had been used mostly by al-Qaeda second-in-command Ayman Al-Zawahiri and had about 1,000 files dating back to 1997. The reporter later gives the computers to the CIA which confirms the authenticity of the files. The computer files reveal how al-Qaeda operates on a day-to-day basis. The files include correspondence, budgets, attack plans, and training manuals. Messages between various al-Qaeda’s offices reveal a fractious, contentious community of terror plotters. There are disputes about theology, strategy, and even expense reports. A montage of 9/11 television reports set to rousing victory reports shows that the computer was used after the attacks. While some of the new information is surprising, for the most part it confirms the claims made about al-Qaeda by Western governments. A letter drafted on the computer in May 2001 confirms that al-Qaeda was behind the assassination of Ahmed Shah Massoud (see September 9, 2001). Other messages shows that the organization orchestrated the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). However, there is no material relating specifically to the plotting of the 9/11 attacks. [Wall Street Journal, 12/31/2001; Atlantic Monthly, 9/2004]

Entity Tags: Ayman al-Zawahiri, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Michael Ledeen

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

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

Timeline Tags: Complete 911 Timeline

US nuclear missiles such as this one will no longer be restricted under the ABM treaty.US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]

Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration (43)

Timeline Tags: US International Relations

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Pentagon ‘Nuclear Posture Review.’Pentagon ‘Nuclear Posture Review.’ [Source: Federation of American Scientists]White House guidance and the Defense Department’s 2001 “Nuclear Posture Review” (NPR) together lead to the creation of a new set of nuclear strike options—OPLAN 8044 Revision 03—against nations that may plan to acquire weapons of mass destruction. These strike options are secretly presented to certain members of Congress. The new nuclear strike options will not be revealed until November 2007, when the Federation of American Scientists receives a partially declassified document from the US Strategic Command (STRATCOM) that details the strike plans. The planning for the new strike options began shortly after the 9/11 attacks, and the US Strategic Command created scenarios for attacking countries such as Russia, China, Iran, Iraq, Syria, Libya, and North Korea; the plan will take effect on March 1, 2003, just weeks before the US invasion of Iraq. Until the documents become publicly available in 2007, Bush administration and Pentagon officials will insist that not only has the US not changed its nuclear policy, it has actually decreased the role of nuclear weapons in its strategic planning (see March 10, 2002, March 9, 2002, and October 9, 2007). Those disavowals will be proven false. Instead, according to the STRATCOM document, one of the first options delineated in the NPR is the use of these newly created nuclear strike options. The significance of the NPR’s new options is in the fact that before now, such scenarios have not been included in the national strategic plans, and “on-the-shelf” plans for nuclear bombing and missile strikes against “rogue” states have not been available. Although the details of the strikes remain classified, it is evident that the planning for these strikes goes far deeper than simple retaliation, but includes, in the words of scientist Hans Kristensen: “actual nuclear warfighting intended to annihilate a wide range of facilities in order to deprive the states the ability to launch and fight with WMD. The new plan formally broadened strategic nuclear targeting from two adversaries (Russia and China) to a total of seven.” [Defense, 1/8/2002 pdf file; Federation of American Scientists, 11/5/2007]

Entity Tags: Federation of American Scientists, Bush administration (43), US Department of Defense, US Strategic Command, Hans Kristensen

Timeline Tags: US International Relations

Ali Soufan, an experienced FBI interrogator with an extensive knowledge of both Arab culture and al-Qaeda (see Late December 1999, Late October-Late November 2000, November 11, 2000, Early December 2000, and Late March through Early June, 2002), goes to Guantanamo to conduct training on non-coercive interrogation methods for the interrogators stationed there. Soufan says that not only are these methods the most effective, but they are critical to maintaining the US image in the Middle East and elsewhere. “The whole world is watching what we do here,” Soufan says. “We’re going to win or lose this war depending on how we do this.” According to Robert McFadden, a US naval criminal investigator who worked with Soufan on the USS Cole investigation, the interrogators from law enforcement nod in agreement, while the military intelligence officers just sit and look at Soufan “with blank stares.” McFadden will later recall: “It’s like they were thinking, ‘This is bullcrap.’ Their attitude was, ‘You guys are cops; we don’t have time for this.’” [Newsweek, 4/25/2009]

Entity Tags: Robert McFadden, Al-Qaeda, Federal Bureau of Investigation, Ali Soufan

Timeline Tags: Torture of US Captives

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

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

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

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

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

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

After more than two months and more than 350 inspections, the UN teams have failed to find the arsenal of banned weapons the US and Britain claim Iraq has. Nor are there any signs of programs to build such weapons. The London Observer reports that International Atomic Energy Agency (IAEA) inspectors are convinced Iraq does not have a reconstituted nuclear weapons program. “IAEA officials and intelligence sources admit it is extremely unlikely that Iraq has nuclear weapons squirreled away,” The Observer reports, explaining that “… the IAEA [had] revealed that analysis of samples taken by UN nuclear inspectors in Iraq… showed no evidence of prohibited nuclear activity.” [Observer, 1/26/2003; Los Angeles Times, 1/26/2003; Washington Post, 12/27/2003]

Entity Tags: International Atomic Energy Agency, United Nations Monitoring, Verification and Inspection Commission

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Jim Kelly.Jim Kelly. [Source: ViewImages.com]Undersecretary of State Jim Kelly, slated to try to revive the US’s attempts to negotiate with North Korea over that nation’s nuclear weapons program, goes to South Korea in preparation for President Bush to visit Seoul. Kelly is fully aware that the Bush administration has gone out of its way to undermine and disrupt the Clinton-era negotiations with North Korea, and a year before had insulted then-President Kim Dae Jung over the issue (see March 7, 2001). Now South Korea has a new president, Roh Moo Hyun, a populist with the same intentions of reopening a dialogue with North Korea as his predecessor. Charles Pritchard, the Bush administration’s special North Korean envoy, accompanies Kelly on the visit, and later recalls: “The conversation in the streets of Seoul was, ‘Is there going to be a war? What will these crazy Americans do?’” When Kelly and Pritchard meet with Roh, the president tells them, “I wake up in a sweat every morning, wondering if Bush has done something unilaterally to affect the [Korean] peninsula.” Bush’s visit to South Korea does little to ease tensions or convince North Korea to consider abandoning its uranium enrichment program (see October 4, 2002). [Washington Monthly, 5/2004]

Entity Tags: Roh Moo Hyun, Bush administration (43), Charles Pritchard, Kim Dae Jung, Jim Kelly, George W. Bush

Timeline Tags: US International Relations

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Saddam Hussein

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

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

After several meetings with Mohammad Harith (see February 11, 2002) —an Iraqi defector provided by the Iraqi National Congress—a Defense Intelligence Agency debriefer determines that the defector’s information on Iraq’s presumed arsenal of banned weapons seems “accurate, but much of it [appears] embellished.” Defense Intelligence Agency analysts also determine that the defected Iraqi has been “coached by the Iraqi National Congress.” Harith claims that he was a major in an Iraqi intelligence unit charged with concealing illicit weapons and that Iraq has developed mobile biological weapons labs. [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

A safe house in Sana’a, Yemen, where Samir al-Hada was hiding.A safe house in Sana’a, Yemen, where Samir al-Hada was hiding. [Source: CNN]Samir al-Hada, an al-Qaeda operative who helped run a vital al-Qaeda communications hub in Sana’a, Yemen (see Late 1998-Early 2002), dies while being pursued by Yemeni police. The Yemeni police were tipped off by Samir’s landlord that he was planning to flee the country when he failed to produce identity documents to renew his lease. The police stake out his hideout for a week but he escapes and, during the chase, a grenade explodes in his hand and kills him. He was the brother-in-law of 9/11 hijacker Khalid Almihdhar. [BBC, 2/13/2002; Guardian, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002] After the attack, the police search the house where al-Hada had been staying and seize weapons, documents, books, a mobile phone, and a piece of paper containing phone numbers. [CBS News, 2/13/2002; BBC, 2/15/2002] The al-Hada hub was used in planning the embassy bombings in 1998 (see August 4-25, 1998 and October 4, 2001), the attack on the USS Cole in 2000 (see October 14-Late November, 2000), and 9/11 (see Early 2000-Summer 2001). It had been monitored by the NSA since the late 1990s (see Late August 1998 and Early 1999). Ahmed al-Hada is in Yemeni custody by 2006; it has not been stated when or how he was captured. [Wright, 2006, pp. 378] It appears that the communications hub is no longer functional after al-Hada’s death, as there are no more references to it operating, several of the al-Hada clan are rounded up, the hub is again discussed by the media (see February 2001 and After), and the clan’s patriarch, Ahmed al-Hada, is again named in the media. [Milwaukee Journal Sentinel, 2/14/2002; CNN, 2/14/2002; Al Ahram, 2/21/2002]

Entity Tags: Ahmed al-Hada, National Security Agency, Yemen, Al-Qaeda, Samir al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004.A sign on top of the Al Haramains Islamic Foundation’s four-story office building in Dhaka, Bangladesh, in June 2004. [Source: Rafiqur Rahman / Reuters / Corbis]The Al Haramain Islamic Foundation was founded in 1988 as a branch of the Muslim World League charity, and just like the Muslim World League it is closely linked to the Saudi government. It develops branches in about 50 countries, including a US branch based in Oregon. It has an annual budget of $40 million to $60 million, paid by the Saudi government, and about 3,000 employees. It gives considerable aid to religious causes such as building mosques. But by the early 1990s evidence began to grow that it was funding Islamist militants in Somalia and Bosnia, and a 1996 CIA report detailed its Bosnian militant ties (see January 1996). In 1998, several links were discovered between the charity and the African embassy bombings that year (see Autumn 1997 and 10:35-10:39 a.m., August 7, 1998).
bullet In March 2002, the US and Saudi governments jointly announce the closing of Al Haramain’s branches in Somalia and Bosnia, but Al Haramain defiantly keeps its Bosnian branch open and it is shut down again after police raids in December 2003. [Washington Post, 8/19/2004; Burr and Collins, 2006, pp. 38-41] In December 2002, it is reported that the Somali branch is still open as well. [Christian Science Monitor, 12/18/2002]
bullet In late 2002, Al Haramain is linked to the October 2002 Bali bombing and al-Qaeda operations in Southeast Asia in general (see September-October 2002).
bullet In May 2003, Al Haramain announces the closing of its branches in Albania, Croatia, and Ethiopia, soon followed by branches in Kenya, Tanzania, Pakistan, and Indonesia. But this is because of pressure due to suspected militant links, and at least the Indonesian branch secretly changes locations and stays open. [Burr and Collins, 2006, pp. 38-41]
bullet In late 2003, Al Haramain Director-General Aqeel al-Aqeel indiscreetly mentions that Saudi Crown Prince Abdullah recently donated money to his charity. Al-Aqeel, Deputy General Mansour al-Kadi, and two other senior officials are fired from the charity by the Saudi minister of religious affairs in January 2004. Interestingly, the Saudi minister is also the chairman of Al-Haramain’s board. In 1997, US intelligence found al-Kadi’s business card in the possession of Wadih el-Hage, Osama bin Laden’s former personal secretary (see Shortly After August 21, 1997). [Netherlands Interior Ministry, 1/6/2005 pdf file; Burr and Collins, 2006, pp. 38-41]
bullet In February 2004, the US Treasury Department freezes the organization’s US financial assets pending an investigation.
bullet In June 2004, The charity is disbanded by the Saudi Arabian government and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad.
bullet In September 2004, the US designates Al-Haramain a terrorist organization, citing ties to al-Qaeda. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations also bans the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]

Entity Tags: United Nations, US Department of the Treasury, Saudi National Commission for Relief and Charity Work Abroad, Muslim World League, Al-Qaeda, Aqeel al-Aqeel, Abdullah bin Abdulaziz al-Saud, Al Haramain Islamic Foundation, Al Haramain Islamic Foundation (Oregon branch), Taliban, Mansour al-Kadi

Timeline Tags: Complete 911 Timeline

Speaking in regard to media reports of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001), the Defense Department issues a statement downplaying its meaning. The statement reads in part: “We will not discuss the classified details of military planning or contingencies, nor will we comment on selective and misleading leaks. The Nuclear Posture Review is required by law. It is a wide-ranging analysis of the requirements for deterrence in the 21st century. This review of the US nuclear posture is the latest in a long series of reviews since the development of nuclear weapons. It does not provide operational guidance on nuclear targeting or planning. The Department of Defense continues to plan for a broad range of contingencies and unforeseen threats to the United States and its allies. We do so in order to deter such attacks in the first place. Of particular significance in the new Nuclear Posture Review is President Bush’s decision to reduce operationally deployed strategic nuclear weapons by two-thirds, a decision made possible by the new strategic relationship with Russia.” [Federation of American Scientists, 3/9/2002] The Defense Department is being deceptive in its attempt to downplay the NPR, which in fact is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: US Department of Defense

Timeline Tags: US International Relations

After the existence of the Defense Department’s new Nuclear Posture Review (NPR) (see December 31, 2001) is leaked to the media, the chairman of the Joint Chiefs of Staff, Richard Myers, goes on CNN to claim that the document has little real meaning in an operational sense, but instead is just a policy document that outlines the general US deterrence strategies towards nations with weapons of mass destruction. Nuclear weapons are just one part of that strategy, Myers says. Myers says that the document merely preserves the president’s options “in case this country or our friends and allies were attacked with weapons of mass destruction, be they nuclear, biological, chemical, or for that matter high explosives.” He adds: “It’s been the policy of this country for a long time that the president would always reserve the right up to and including the use of nuclear weapons if that was appropriate. So that continues to be the policy.” [CNN, 3/10/2002] Myers’ attempts to downplay the NPR are inaccurate, as it is a new operational policy that plans for pre-emptive nuclear strikes against countries attempting to create weapons of mass destruction, if the White House deems such strikes necessary. [Federation of American Scientists, 11/5/2007]

Entity Tags: Joint Chiefs of Staff, Richard B. Myers

Timeline Tags: US International Relations

Peter Ricketts, the British Foreign Office’s political director, offers advice to Foreign Secretary Jack Straw who is to provide Tony Blair with a note (see March 25, 2002) before he sets off for a planned meeting with Bush in Texas. In the memo, Ricketts recommends that Blair back the Bush policy on regime change, in a broad sense, because it would allow the British to exert some influence on the exact shape of the administration’s policy. “In the process, he can bring home to Bush some of the realities which will be less evident from Washington,” he says. “He can help Bush make good decisions by telling him things his own machine probably isn’t.” But he acknowledges that the British, in backing US plans against Iraq, may have a difficult time convincing Parliament and the British public to support the use of military force against Iraq because of scant evidence supporting Washington’s allegations against Iraq. “The truth is that what has changed is not the pace of Saddam Hussein’s WMD programs, but our tolerance of them post-11 September.” He adds that the “figures” being used in a dossier on Iraq that Downing Street is drafting needs more work in order for it to be “consistent with those of the US.” He explains: “[E]ven the best survey of Iraq’s WMD programs will not show much advance in recent years on the nuclear, missile, or chemical weapons/biological weapons fronts: the programs are extremely worrying but have not, as far as we know, been stepped up.” He also says the US has little evidence to support its other allegation. “US scrambling to establish a link between Iraq and al-Qaeda is so far frankly unconvincing,” he says. [United Kingdom, 3/22/2002 pdf file; Daily Telegraph, 3/21/2005; Guardian, 4/21/2005; Los Angeles Times, 6/15/2005]

Entity Tags: Peter Ricketts, Tony Blair, Jack Straw

Timeline Tags: Events Leading to Iraq Invasion

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]

Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Torture of US Captives, Civil Liberties

Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]

Entity Tags: Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In a column for the National Review advocating the immediate overthrow of Iraq’s Saddam Hussein, neoconservative Jonah Goldberg praises his fellow neoconservative Michael Ledeen and urges the US to implement what he calls the “Ledeen Doctrine,” which he paraphrases as: “Every ten years or so, the United States needs to pick up some small, crappy little country and throw it against the wall, just to show the world we mean business.” Goldberg says that he heard Ledeen make this statement in an early 1990s speech. [National Review, 4/23/2002; Unger, 2007, pp. 149]

Entity Tags: Saddam Hussein, Michael Ledeen, Jonah Goldberg

Timeline Tags: Neoconservative Influence

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). [Associated Press, 12/11/2007]
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. [MSNBC, 9/13/2007] In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” [Tenet, 2007, pp. 242] ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” [ABC News, 9/14/2007] Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. [New Yorker, 8/6/2007] In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. [Harper's, 12/15/2007] In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. [Associated Press, 12/11/2007]

Entity Tags: George J. Tenet, Central Intelligence Agency, Abd al-Rahim al-Nashiri, Hambali, Khalid Shaikh Mohammed, Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Saud al-Rashid.
Saud al-Rashid. [Source: FBI]A CD-ROM containing a picture of a young Saudi man named Saud al-Rashid is seized in an al-Qaeda safe house in Karachi, Pakistan. The CD also contains the pictures of three 9/11 hijackers, Nawaf Alhazmi, Khalid Almihdhar, and Abdulaziz Alomari, placed in the same folder with the picture of al-Rashid. The pictures are all passport photos or pages of entry and exit stamps from the same passports. All the computer files of the pictures were saved in May 2001. A senior US official says that investigators “were able to take this piece of information and it showed clear signals or lines that [al-Rashid] was connected to 9/11.” Media reports in 2002 say that the raid takes place on August 15, but an FBI report made public years later will show the raid took place on May 16 but the importance of the CD-ROM’s contents was not discovered until August 15. [Associated Press, 8/21/2002; 9/11 Commission, 7/24/2004, pp. 526; Federal Bureau of Investigation, 2010]
Al-Rashid Escapes Dragnet - On August 21, six days after the files on the CD-ROM are discovered, the US will issue a worldwide dragnet to find al-Rashid. [Associated Press, 8/21/2002] But they are unable to catch him because a few days later, he flees from Egypt to Saudi Arabia and turns himself in to the Saudi authorities. The Saudis apparently will not try him for any crime or allow the FBI to interview him. [CNN, 8/26/2002; CNN, 8/31/2002]
Al-Rashid's Background - Al-Rashid was in Afghanistan in 2000 and 2001, where he met 9/11 hijacker Ahmed Alhaznawi “once or twice” in a guest house. [New York Times, 7/29/2003; 9/11 Commission, 7/24/2004, pp. 526] Although detainees identify him as a candidate 9/11 hijacker, he claims not to have met Osama bin Laden or Khalid Shaikh Mohammed (KSM), or even to have heard of al-Qaeda. Under interrogation, KSM will say al-Rashid was headstrong and immature and dropped out of the plot after returning to Saudi Arabia for a visa, either due to second thoughts or the influence of his family. However, doubts will be raised about the reliability of KSM’s statements under interrogation (see August 6, 2007). [9/11 Commission, 7/24/2004, pp. 526] Intriguingly, al-Rashid’s father is Hamid al-Rashid, a Saudi government official who paid a salary to Omar al-Bayoumi, an associate of both Almihdhar and Alhazmi who is later suspected of being a Saudi agent. [New York Times, 7/29/2003]
Passport Clue - Also intriguingly, the pictures from Saeed Alghamdi’s and Khalid Almihdhar’s passports show the passports were issued at “Holy Capital.” This may be an indicator placed by the Saudi government to show that the passport holders are radicals. [Federal Bureau of Investigation, 2010]
Other Evidence? - Florida FBI agent Tom Yowell will later mention to the 9/11 Commission that he remembers some other 9/11-related evidence captured in a May 2002 Karachi raid, including mention of the address of a Virginia post office box (see February 19-20, 2001 and April 3-4, 2001 and around) and videos of the 9/11 hijackers. But which hijackers were videotaped, and where and when, is not mentioned. [9/11 Commission, 12/4/2003 pdf file]

Entity Tags: Khalid Shaikh Mohammed, Khalid Almihdhar, Nawaf Alhazmi, Omar al-Bayoumi, Tom Yowell, Hamid al-Rashid, Saud al-Rashid, Al-Qaeda, Federal Bureau of Investigation, Abdulaziz Alomari, Ahmed Alhaznawi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). [Daily Mail, 3/8/2009]

Entity Tags: UK Security Service (MI5), “John” (MI5 agent), Central Intelligence Agency, Binyam Mohamed

Timeline Tags: Torture of US Captives

In a speech, President Bush announces a “new” US policy of preemptive attacks: “If we wait for threats to fully materialize we will have waited too long. We must take the battle to the enemy, disrupt his plans and confront the worst threats before they emerge.” [New York Times, 6/2/2002] This preemptive strategy is included in a defensive strategic paper the next month (see July 13, 2002), and formally announced in September 2002 (see September 20, 2002). Despite the obvious parallels, the mainstream media generally fails to report that this “new” antiterrorism strategy was first proposed by Bush’s key administration officials in 1992 (see March 8, 1992) and has been continually advocated by the same people ever since. [New York Times, 9/20/2002; Washington Post, 9/21/2002; Guardian, 9/21/2002] Furthermore, State Department Director of Policy Planning Richard Haass originally drafted this new national security strategy. However, Condoleezza Rice had ordered that it be completely rewritten, reportedly wanting “something bolder.” The man responsible for this task was Philip Zelikow, who in 2003 will be appointed executive director of the 9/11 Commission (see Mid-December 2002-March 2003). [Mann, 2004, pp. 316-317]

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline

The Heritage Foundation sponsors a celebration of the US’s impending withdrawal from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972 and June 14, 2002). The invitation reads: “ABM: RIP. For 30 years, the Anti-Ballistic Missile Treaty has served to bolster the policy of mutually assured destruction (MAD) and impose crippling restrictions on the nation’s missile defense programs (see March 23, 1983). President Bush, recognizing the inappropriateness of MAD and the policy of vulnerability to missile attack, announced on December 13, 2001 (see December 13, 2001) that the United States is withdrawing from the treaty.” Several hundred conservatives, including senators, House representatives, generals, policy makers, and academics, gather in the caucus room of the Russell Senate Office Building on Capitol Hill, taking part in what one participant calls “a cheerful wake for a flawed treaty.” Author J. Peter Scoblic will write: “The mood was, not surprisingly, buoyant, for ‘flawed’ was really too mild a description for the loathing the assembled crowd felt for the agreement. To the right wing, the ABM Treaty had symbolized everything that was wrong with American foreign policy during the Cold War: negotiating with evil, fearing nuclear war instead of preparing to win it (see Spring 1982 and January 17, 1983), and abandoning faith in American exceptionalism and divine superiority.” [Scoblic, 2008, pp. 157]

Entity Tags: J. Peter Scoblic, Heritage Foundation

Timeline Tags: US International Relations

Philip Zelikow, who will later be appointed director of the 9/11 Commission (see Shortly Before January 27, 2003), makes public comments supporting the forthcoming invasion of Iraq. Zelikow says that “we’re now beginning to understand that we can’t wait for these folks to deliver the weapons of mass destruction and see what they do with them before we act.” He adds, “We’re beginning to understand that we might not want to give people like Saddam Hussein advance warning that we’re going to strike.” Zelikow will later help draft a policy paper used as justification for the invasion (see September 20, 2002) and will attempt to link Iraq to 9/11 when appointed to head the commission’s staff (see July 9, 2003, January 2004 and January 2004). [Shenon, 2008, pp. 128-129, 429]

Entity Tags: Philip Zelikow

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, 9/11 Timeline

In September 2002, articles appear in the Pakistani and Indian press suggesting that 9/11 mastermind Khalid Shaikh Mohammed (KSM) is actually captured on this day in an apartment in Karachi. Supposedly he has been sent to the US, though the US and Pakistan deny the story and say Mohammed has not been captured at all. [Daily Times (Lahore), 9/9/2002; Times of India, 9/9/2002; Times of India, 9/9/2002] Interestingly, it will later be reported that in mid-June 2002 the CIA learned about an Al Jazeera interview with KSM and Ramzi bin al-Shibh (see April, June, or August 2002), and the information passed to the CIA included the apartment building and floor in Karachi where the Al Jazeera reporter believed the interview took place (see June 14, 2002 and Shortly After).

Entity Tags: Yosri Fouda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. [US Congress, 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file] The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). [9/11 Commission, 7/24/2004, pp. 181, 222] The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” [Los Angeles Times, 12/21/2005] The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Entity Tags: Hoda al-Hada, 9/11 Congressional Inquiry, 9/11 Commission, Nawaf Alhazmi, Khalid Almihdhar, National Security Agency, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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