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Context of 'After June 2, 1981: US Misrepresents Its Knowledge of Pakistan’s Nuclear Program in Cable to Israel'

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 pdf file] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 pdf file; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 pdf file]

Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency

Timeline Tags: US International Relations, Neoconservative Influence

The US State Department includes Iraq in its list of states that sponsor terrorism. [Phythian, 1997]

Entity Tags: US Department of State

Timeline Tags: US-Iraq 1980s

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as d├ętente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

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

In response to information it has received about Pakistan’s nuclear weapons program (see June 2, 1981), Israel begins planning a pre-emptive strike against one of Pakistan’s main nuclear facilities. The complex to be targeted is in Kahuta, near Islamabad, and houses Pakistan’s uranium enrichment centrifuges. However, the plan is not implemented due to US pressure, applied due to friendly US relations with Pakistan and Pakistani co-operation on anti-Soviet efforts in Afghanistan. [Levy and Scott-Clark, 2007, pp. 86]

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

Israel’s permanent representative to the UN, Yehuda Blum, tells the UN General Assembly that “there is abundant evidence indicating that [Pakistan] is producing nuclear weapons.” He adds that “at the Engineering Research Labs… Pakistan is secretly constructing a plant for the production of weapons-grade enriched uranium by centrifuges” based on a technology “stolen from the URENCO plant in the Netherlands.” He also says that Pakistan has established front companies in 14 countries to acquire components, and that Pakistan is close to building a cascade of at least 1,000 centrifuges. In addition, the Pakistanis intend to build more than 10,000 of them, “which in turn could produce about 150 kg of enriched uranium a year, sufficient for seven nuclear explosive devices every year.” Authors Adrian Levy and Catherine Scott-Clark will write that this information is “what the US had known for several years but had chosen not to share with the rest of the world.” [Levy and Scott-Clark, 2007, pp. 85-86]

Entity Tags: Adrian Levy, Yehuda Blum, Catherine Scott-Clark, United Nations

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

The US State Department writes a cable to Israel to allay Israeli fears about Pakistan’s nuclear program (see June 2, 1981). However, the communication contains information the US must know to be untrue. The cable says, “We believe that the Pakistanis have so far been unable to make their centrifuge machines work and that they have not yet produced any significant quantities of enriched uranium.” Authors Adrian Levy and Catherine Scott-Clark will say this is a “blatant lie,” as the US knows the opposite is true. The cable concludes, “Even if the Pakistanis do manage to eventually overcome their problems in the enrichment area, it would likely take them a few years of successful operations to produce sufficient fissile material to fabricate a single device.” It also estimates that it will take Pakistan another decade before it has a suitable missile system to go with warheads. Levy and Scott-Clark will add, “Not only was the US misrepresenting the available intelligence, but it was also ignoring several articles published by Khan himself in Western nuclear gazettes in which he had explicitly laid out the hurdles his centrifuge construction program had overcome.” Moshe Ya’alon, later head of Israeli military intelligence, will say that the Israelis are stunned by this response. “The US was glib on Pakistan,” he will add. [Levy and Scott-Clark, 2007, pp. 85-86]

Entity Tags: Adrian Levy, US Department of State, Moshe Ya’alon, Catherine Scott-Clark

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

The Reagan administration—despite stern objections from Congress—removes Iraq from the US State Department’s list of states sponsoring terrorism (see 1979). [New York Times, 2/28/1982; Washington Post, 12/30/2002; London Times, 12/31/2002] This clears the way for future US military aid to that country. [Phythian, 1997]

Entity Tags: Reagan administration

Timeline Tags: Events Leading to Iraq Invasion, US-Iraq 1980s

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

Timeline Tags: Civil Liberties

A US State Department report concludes that Iraq continues to support groups on the State Department’s terrorist list. [Jentleson, 1994, pp. 52]

Entity Tags: US Department of State

Timeline Tags: US-Iraq 1980s

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

Timeline Tags: Civil Liberties

A 2007 satellite image of the Khan Research Laboratories in Kahuta.A 2007 satellite image of the Khan Research Laboratories in Kahuta. [Source: GeoEye]Richard Barlow, an analyst working on Pakistan’s nuclear program who was released by the State Department in the early 1980s (see 1981-1982), is hired by the CIA’s Office of Scientific and Weapons Research (OSWR). Barlow re-analyzes the data and confirms his earlier conclusions—that Pakistan is pursuing a covert nuclear weapons program. Barlow learns about the trade in dual-use components—tools and equipment that can be used to make nuclear weapons, but also for other, non-nuclear purposes, meaning trade in them is hard to spot and regulate. One example of this is a California couple that exports dozens of high-speed cathode-ray oscilloscopes and special cameras to Hong Kong, where they are picked up by Pakistani agents. Barlow realizes that such a large number of oscilloscopes must be for nuclear weapons manufacturing, and also finds a link between the purchase and the Pakistan Atomic Energy Commission (PAEC). Barlow will later comment, “There was tons of it and most of it was ending up in [Pakistan]. Pakistan had a vast network of procurers, operating all over the world.” Barlow also finds that the material is going to a secret nuclear facility near Islamabad, the Khan Research Laboratories, where sensors pick up high levels of enriched uranium in the air and in dust on [trucks] leaving the laboratories. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Despite this, in order to prevent Congress from cutting of aid to the anti-Soviet mujaheddin, which flows through Pakistan, US authorities will repeatedly insist Pakistan is not working on a nuclear program (see August 1985-October 1990).

Entity Tags: Richard Barlow, Office of Scientific and Weapons Research (CIA), Central Intelligence Agency, Pakistan Atomic Energy Commission, Kahuta Research Laboratories

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

In 1985, US Congress passes legislation requiring US economic sanctions on Pakistan unless the White House can certify that Pakistan has not embarked on a nuclear weapons program (see August 1985 and August 1985). The White House certifies this every year until 1990 (see 1987-1989). However, it is known all the time that Pakistan does have a continuing nuclear program. For instance, in 1983 a State Department memo said Pakistan clearly has a nuclear weapons program that relies on stolen European technology. Pakistan successfully builds a nuclear bomb in 1987 but does not test it to keep it a secret (see 1987). With the Soviet-Afghan war ending in 1989, the US no longer relies on Pakistan to contain the Soviet Union. So in 1990 the Pakistani nuclear program is finally recognized and sweeping sanctions are applied (see June 1989). [Gannon, 2005] Journalist Seymour Hersh will comment, “The certification process became farcical in the last years of the Reagan Administration, whose yearly certification—despite explicit American intelligence about Pakistan’s nuclear-weapons program—was seen as little more than a payoff to the Pakistani leadership for its support in Afghanistan.” [New Yorker, 3/29/1993] The government of Pakistan will keep their nuclear program a secret until they successfully test a nuclear weapon in 1998 (see May 28, 1998).

Entity Tags: US Congress, White House, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Despite the passage of two amendments dealing with Pakistan’s nuclear program in August 1985 (see August 1985 and August 1985), the Reagan and Bush administrations will fail to keep Congress properly informed of incidents related to Pakistan’s acquisition of components for its nuclear program, even though such notification is required by law. Senator John Glenn (D-OH), chairman of the Governmental Affairs Committee, and Congressman Stephen Solarz (D-NY), Chairman of the House Asian and Pacific Affairs Subcommittee, will later say that they are not formally briefed about any significant Pakistani procurement, with the exception of one case (see July 1987 or Shortly After), during this period. For example, Glenn will later say he should have been briefed about a nuclear scare involving Pakistan and India in 1990 (see January-May 1990) [New Yorker, 3/29/1993]

Entity Tags: House Subcommittee on Asian and Pacific Affairs, Governmental Affairs Committee, Reagan administration, Stephen Solarz, John Glenn

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

Richard Barlow, a CIA analyst of Pakistan’s nuclear program (see 1985-1988), realizes that officials in the State Department are refusing to share information with the CIA, the Commerce Department, and US Customs about the Pakistani program. In particular, the State Department is aware of the identities of key Pakistani agents who are illicitly purchasing nuclear weapons technology in the US, but it does not pass their names on to the CIA and the other two agencies. By withholding this information, the State Department is able to neutralize the other agencies’ counter-proliferation attempts. State Department officials also approve questionable export licenses for Pakistan (see 1986). [Guardian, 10/13/2007]

Entity Tags: US Department of State, Central Intelligence Agency, Office of Scientific and Weapons Research (CIA), Richard Barlow, Pakistan

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

Edvard Shevardnadze.Edvard Shevardnadze. [Source: US Defense Department]The Politburo of the Soviet Communist Party decides that the Soviet-Afghan War should end “within one year or two.” This follows on from a tentative and secret agreement within the Politburo the previous year to eventually withdraw from Afghanistan. The withdrawal will be formalized in an agreement signed in Geneva in April 1988 (see April 1988) and the last troops with leave Afghanistan in February 1989 (see February 15, 1989). Soviet Foreign Minister Edvard Shevardnadze will inform US Secretary of State George Shultz of the decision the year after it is taken and the CIA will learn of it by November 1987. [Levy and Scott-Clark, 2007, pp. 132-3, 486]

Entity Tags: Central Intelligence Agency, George Shultz, Soviet Union, Edvard Shevardnadze

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ronald Reagan and Pakistani dictator Zia ul-Haq.Ronald Reagan and Pakistani dictator Zia ul-Haq. [Source: Bettmann / Corbis]President Ronald Reagan in 1987 and 1988 and President George Bush in 1989 continue to certify that Pakistan does not have a nuclear weapon, a condition of continuing aid to Pakistan under the law (see August 1985). These certifications began in 1985 (see August 1985-October 1990) and are thought to be important because Pakistan is a key base for the CIA-backed Afghan mujaheddin, and cutting off aid to Pakistan might curtail CIA support for the anti-Soviet forces. According to journalist Seymour Hersh, the rationale behind the certifications is that there is “no specific evidence that Pakistan [has] indeed done what it was known to be capable of doing,” and produced a nuclear weapon. In addition, it is apparently thought that if the US continues to supply conventional weapons, Pakistan will not need a nuclear bomb, although Hersh says this is “a very thin argument, as everyone involved [knows].” However, CIA officer Richard Kerr will later say, “There is no question that we had an intelligence basis for not certifying from 1987 on.” By this time there is mounting evidence of Pakistan’s nuclear program (see 1987, (1987), and July 1987 or Shortly After). [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, George Herbert Walker Bush, Richard Kerr, Ronald Reagan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

A. Q. Khan.A. Q. Khan. [Source: CBC]A. Q. Khan, father of Pakistan’s nuclear weapons program, tells an Indian reporter that the program has been successful (see 1987). “What the CIA has been saying about our possessing the bomb is correct,” he says, adding, “They told us Pakistan could never produce the bomb and they doubted my capabilities, but they now know we have it.” He says that Pakistan does not want to use the bomb, but “if driven to the wall there will be no option left.” The comments are made during a major Indian army exercise known as Brass Tacks that Pakistanis consider a serious threat, as it is close to the Pakistani border. In fact, at one point the Indian commanding general is reported to consider actually attacking Pakistan—an attack that would be a sure success given India’s conventional superiority. According to reporter Seymour Hersh, the purpose of the interview is “to convey a not very subtle message to the Indians: any attempt to dismember Pakistan would be countered with the bomb.” This interview is an embarrassment to the US government, which aided Pakistan during the Soviet-Afghan War, but has repeatedly claimed Pakistan does not have nuclear weapons (see August 1985-October 1990). Khan retracts his remarks a few days later, saying he was tricked by the reporter. [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, Abdul Qadeer Khan, Central Intelligence Agency

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

Following an incident where a Pakistani procurement agent was arrested in the US trying to buy components for a nuclear weapon (see Before July 1987), there is a serious row about it between a CIA manager and a CIA analyst at a Congressional hearing. The hearing is called by Stephen Solarz (D-NY), chairman of the House Subcommittee on Asian and Pacific Affairs, to vet intelligence concerning Pakistan’s nuclear weapons program. CIA manager General David Einsel says it is “not cut and dried” that the arrested Pakistani, Arshad Pervez, and his handler, Inam ul-Haq, are agents of the Pakistani government. Richard Barlow, a CIA analyst there to help Einsel, is surprised by the false answer, as it is a criminal offense to lie to Congress. He realizes, “Einsel’s testimony was highly evasive, and deliberately so.” He will also later comment: “These congressmen had no idea what was really going on in Pakistan and what had been coming across my desk about its WMD program. They did not know that Pakistan already had a bomb and was shopping for more with US help. All of it had been hushed up.” When Barlow is asked the same question, he says it is “clear” Pervez is working for Pakistan, at which point Einsel screams, “Barlow doesn’t know what he’s talking about.” Solarz then asks whether there are any more cases involving the Pakistan government. Einsel says there are not, but Barlow replies, “Yes, there have been scores of other cases.” Barlow is then hustled out of the room and returns to CIA headquarters. A senior government official not cleared to attend the briefing comes in and tries to repair the damage, saying that Barlow was referring to intelligence reports, but “not all intelligence reports are accurate.” The official will later indicate that he is not proud of what he does, saying, “I didn’t know what I was getting into.” [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will subsequently be forced out of the CIA because of this hearing (see August 1987-1988).

Entity Tags: Stephen Solarz, Richard Barlow, Inam ul-Haq, House Subcommittee on Asian and Pacific Affairs, Arshad Pervez, Office of Scientific and Weapons Research (CIA), David Einsel, Central Intelligence Agency

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

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

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

The US Congress suspends aid to Pakistan for six weeks, due to arguments related to the arrest of a Pakistani agent attempting to buy material for its nuclear weapons program (see Before July 1987 and July 1987 or Shortly After). Congress suspects that Pakistan has a nuclear weapons program, but the administration denies this, as do the Pakistanis, even though they are both well aware that the program is a reality. The suspension is symbolic, as it only lasts six weeks and does not affect aid that has already been agreed upon, but not yet provided. [New York Times, 9/30/1987; New Yorker, 3/29/1993]

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

Although the US is already aware that the Soviet Union intends to withdraw from Afghanistan (see November 1986-November 1987) and a formal agreement on the Soviet withdrawal will be signed in four months (see April 1988), the US Congress approves aid of $480 million for Pakistan, despite its nuclear weapons program. Legislation has been passed that automatically cuts off aid to countries with illicit nuclear weapons programs (see August 1985 and August 1985), but this legislation is not invoked. Despite apparently knowing of the Pakistani program, Congress decides that supporting the war in Afghanistan is more important (see July 1987 or Shortly After and Late 1980s). Some lawmakers and officials will later say that at this time “everybody in Congress” knows that Pakistan has a nuclear weapons program (see Late 1980s), and anti-proliferation Senator John Glenn (D-OH) will later say the threat of nuclear proliferation “is a far greater danger to the world than being afraid to cut off the flow of aid to Afghanistan,” adding, “It’s the short-term versus the long-term.” [New Yorker, 3/29/1993]

Entity Tags: John Glenn, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, War in Afghanistan

US ambassador to Pakistan Robert Oakley.US ambassador to Pakistan Robert Oakley. [Source: Terry Mitchell / Public domain]According to some accounts, by this time it is common knowledge in certain Washington circles that Pakistan has nuclear weapons. Despite this, the US government and Congress continues to pretend that Pakistan does not have such weapons, so that aid to Pakistan and the anti-Soviet mujaheddin based there can continue (see 1987-1989). A former top-level Reagan Administration official will later question the integrity of members of Congress who outwardly pretended to be tough on nuclear proliferators, but did not really want the aid to be cut off: “All this morality horse****. We were caught in a dilemma, and I didn’t know how to solve it: there was no way to stop the Pakistanis.… All this talk about breaking the law—it’s just a morality play. Of course everybody in Congress knew. The Administration was carrying out a popularly based policy in Afghanistan. If we’d cut off the aid to Pakistan, would we have been able to withstand the political heat from Congress?”
Former Ambassador: Congress 'Acquiesced' to Pakistani Program - According to the New Yorker, “many former members of the Reagan and Bush Administrations,” such as former ambassador to Pakistan Robert Oakley, will say that the essential facts about Pakistan’s nuclear weapons program were known fully at this time to Congress, whose members “acquiesced” to the program, because of the Soviet-Afghan War and the popularity of Pakistani Prime Minister Benazir Bhutto in the US. Journalist Seymour Hersh will later comment, “Oakley’s point seemed to be that passive approval by Congress of bad policy somehow justified bad policy.”
Glenn: Nonproliferation Initiatives Thwarted - Senator John Glenn (D-OH) will say that most lawmakers did not want to know anyway: “I always thought in terms of the bigger picture—the nonproliferation treaty… We made a commitment that we’d cut off aid to transgressors, and we had to keep faith with those Third World people who signed with us. I didn’t think I had any option but to press for enforcement of the law against Pakistan.” He adds: “The Administration would always come to me and say how important it is to keep the arms flowing through to Afghanistan. I’d take my case on nonproliferation to the floor and lose the vote.”
Solarz: Balancing Concerns between Pakistan, Afghan War - Congressman Stephen Solarz (D-NY), one of the strongest opponents of Pakistan’s nuclear weapons program during the Soviet-Afghan War, will admit that he and others who cared about non-proliferation constantly tried to balance that concern with a desire to support the anti-Soviet effort, which was based in Pakistan. “There were legitimate concerns that the Afghan war might spill over to Pakistan, and I felt we needed to give the President flexibility,” Solarz will say. “I didn’t want us to be in a worst-case scenario in case the Soviets moved across the border. I thought I was being responsible at the time.” Referring to allegations made by former State Department, CIA, and Pentagon analyst Richard Barlow that the administration was well-aware of the program and constantly lied to Congress (see July 1987 or Shortly After), he adds, “If what Barlow says is true, this would have been a major scandal of Iran-Contra proportions, and the officials involved would have had to resign. We’re not dealing with minor matters. Stopping the spread of nuclear weapons is one of the major foreign-policy issues of the nation—not to mention the law of the land.” [New Yorker, 3/29/1993]

Entity Tags: Seymour Hersh, Richard Barlow, Robert Oakley, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, War in Afghanistan

In an agreement signed in Geneva, Switzerland, the Soviet Union pledges to withdraw all of its troops from Afghanistan by February 15, 1989. They will end up withdrawing the last of their soldiers on that exact date (see February 15, 1989). At the time, the Soviets have slightly over 100,000 soldiers in Afghanistan. [New York Times, 2/16/1989]

Entity Tags: Soviet Union

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Richard Barlow, an analyst previously forced out of the State Department and CIA for coming to the politically unacceptable conclusion that Pakistan has a nuclear weapons program (see 1981-1982 and August 1987-1988), is hired by the Office of the Secretary of Defense at the Pentagon to become its first weapons of mass destruction intelligence analyst. Shortly after arriving, Barlow again builds up “a stack of evidence” about Pakistan’s WMD program, including intelligence that the Pakistan army was experimenting with a delivery system for its nuclear bomb, using US-provided technology. Barlow concludes, “Our side was at it again.” [Guardian, 10/13/2007] In the summer of 1989, Barlow is involved in investigating four criminal cases involving senior officers of the Pakistani Army who had attempted to make illegal purchases in the US or abroad of American-made nuclear-related materials, including highly enriched uranium. One of the cases involves evidence showing that Pakistan is attempting to obtain dual-use items for its nuclear program by claiming that the materials are to be used for its F-16 fleet. [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

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

A convoy of Soviet tanks leaving Afghanistan.A convoy of Soviet tanks leaving Afghanistan. [Source: National Geographic]Soviet forces withdraw from Afghanistan, in accordance with an agreement signed the previous year (see April 1988). However, Afghan communists retain control of Kabul, the capital, until April 1992. [Washington Post, 7/19/1992] It is estimated that more than a million Afghans (eight per cent of the country’s population) were killed in the Soviet-Afghan War, and hundreds of thousands had been maimed by an unprecedented number of land mines. Almost half of the survivors of the war are refugees. [New Yorker, 9/9/2002] Richard Clarke, a counterterrorism official during the Reagan and George H. W. Bush administrations and the counterterrorism “tsar” by 9/11, will later say that the huge amount of US aid provided to Afghanistan drops off drastically as soon as the Soviets withdraw, abandoning the country to civil war and chaos. The new powers in Afghanistan are tribal chiefs, the Pakistani ISI, and the Arab war veterans coalescing into al-Qaeda. [Clarke, 2004, pp. 52-53]

Entity Tags: Al-Qaeda, Pakistan Directorate for Inter-Services Intelligence, Richard A. Clarke

Timeline Tags: 9/11 Timeline, War in Afghanistan

Although the Soviets withdraw from Afghanistan in February 1989 (see February 15, 1989), the CIA continues to support the mujaheddin because the Soviet-allied Communist government stays in power in Kabul. Apparently, the CIA and the Saudi government continue to fund the mujaheddin at least until December 1990, although it could be longer because the Communist government remains in power in Kabul until 1992. The “Blind Sheikh,” Sheikh Omar Abdul-Rahman, reportedly has been working with the CIA in the 1980s to help unite the mujaheddin factions fighting each other (see Late 1980s). The Village Voice will later report that according to a “very high-ranking Egyptian official,” Abdul-Rahman continues to work with the CIA after moving to Brooklyn in July 1990 (see July 1990). He “work[s] closely with the CIA, helping to channel a steady flow of money, men, and guns to mujaheddin bases in Afghanistan and Pakistan.” But despite working with the CIA, Abdul-Rahman still considers the US the “Great Satan” and does not try to hide this. In one radio broadcast, he says that “Americans are descendants of apes and pigs who have been feeding from the dining tables of the Zionists, Communism, and colonialism.” Matti Steinberg, an expert on Islamic fundamentalism, says that Abdul-Rahman’s “long-term goal is to weaken US society and to show Arab rulers that the US is not an invulnerable superpower.” The Egyptian official will later complain, “We begged America not to coddle the sheikh.” [Village Voice, 3/30/1993]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Matti Steinberg

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Dick Cheney’s official photo as Secretary of Defense.Dick Cheney’s official photo as Secretary of Defense. [Source: US Department of Defense]Former Representative Dick Cheney (R-WY) becomes secretary of defense under President George H. W. Bush. [US Department of Defense, 11/24/2005] Cheney is the second choice; Bush’s first consideration, former Texas senator John Tower, lost key Senate support when details of his licentious lifestyle and possible alcoholism became known. Cheney was the choice of, among others, Vice President Dan Quayle and National Security Adviser Brent Scowcroft, who both feel that Bush needs someone in the position fast, and the best way to have someone move through the confirmation process is to have someone from Congress. Although Cheney never served in the military, and managed to dodge service during the Vietnam War with five student deferments, he has no skeletons in his closet like Tower’s, and he has the support of Congressional hawks. His confirmation hearings are little more than a formality.
Cheney Leaves the House, Gingrich Steps In - Cheney’s House colleague, Republican Mickey Edwards, later reflects, “The whole world we live in would be totally different if Dick Cheney had not been plucked from the House to take the place of John Tower.” Cheney was “in line to become the [GOP’s] leader in the House and ultimately the majority leader and speaker,” Edwards will say. “If that [had] happened, the whole Gingrich era wouldn’t have happened.” Edwards is referring to Newt Gingrich (R-GA), the future speaker of the House who, in authors Lou Dubose and Jake Bernstein’s own reflections, “ushered in fifteen years of rancorous, polarized politics.” While Cheney is as partisan as Gingrich, he is not the kind of confrontational, scorched-earth politician Gingrich is. According to Edwards, no one can envision Cheney moving down the same road as Gingrich will.
Successful Tenure - As the Pentagon’s civilian chief, many will reflect on Cheney’s tenure as perhaps his finest hour as a public servant. “I saw him for four years as [defense secretary]. He was one of the best executives the Department of Defense had ever seen,” later says Larry Wilkerson, who will serve in the Bush-Cheney administration as chief of staff to Secretary of State Colin Powell. “He made decisions. Contrast that with the other one I saw [Clinton Secretary of Defense Lester Aspin], who couldn’t make a decision if it slapped him in the face.” Cheney will preside over a gradual reduction in forces stationed abroad—a reduction skillfully managed by the Chairman of the Joint Chiefs of Staff, Colin Powell.
Bringing Aboard the Neoconservatives - Cheney asks one of Tower’s putative hires, Paul Wolfowitz, to stay; Wolfowitz, with fellow Pentagon neoconservatives Lewis “Scooter” Libby and Zalmay Khalilzad, will draft the Pentagon’s 1992 Defense Planning Guide (DPG) (see February 18, 1992), a harshly neoconservative proposal that envisions the US as the world’s strongman, dominating every other country and locking down the Middle East oil reserves for its own use. Though the DPG is denounced by President Bush, Cheney supports it wholeheartedly, even issuing it under his own name. “He took ownership in it,” Khalilzad recalls. Cheney also brings in his aide from the Iran-Contra hearings, David Addington (see Mid-March through Early April, 1987), another neoconservative who shares Cheney’s view of almost unlimited executive power at the expense of the judicial and legislative branches. [Dubose and Bernstein, 2006, pp. 87-95]

Entity Tags: Lester Aspin, George Herbert Walker Bush, David S. Addington, Dan Quayle, Colin Powell, Brent Scowcroft, Jake Bernstein, Lawrence Wilkerson, Richard (“Dick”) Cheney, John Tower, Newt Gingrich, Zalmay M. Khalilzad, Mickey Edwards, Lewis (“Scooter”) Libby, Lou Dubose, Paul Wolfowitz

Timeline Tags: US Military

US Ambassador to Indonesia Paul Wolfowitz leaves his position after a three-year tenure. At a farewell speech in the Indonesian capital of Jakarta, Wolfowitz says, “If greater openness is a key to economic success, I believe there is increasingly a need for openness in the political sphere as well.” The Washington Post will comment that this remark is “in line with the US envoy’s quiet pursuit of political and economic reforms in Indonesia,” but “stunned some members of [Indonesian President] Suharto’s inner circle,” as it “could have landed domestic critics in prison.” [Washington Post, 3/28/2005]

Entity Tags: Paul Wolfowitz

Timeline Tags: US International Relations, Misc Entries, Neoconservative Influence

President George Bush and Secretary of State James Baker decide that the US will cut off foreign aid to Pakistan because of its nuclear weapons program. Pakistan was a major recipient of foreign aid during the Soviet Afghan war, when the US channeled support to the mujaheddin through it, but Soviet forces began withdrawing from Afghanistan in February (see February 15, 1989). It is decided that aid will be provided for 1989, but not for 1990 (see October 1990). [New Yorker, 3/29/1993]

Entity Tags: George Herbert Walker Bush, Pakistan, James A. Baker

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

Richard Barlow, a WMD analyst at the Pentagon, is commissioned to write an intelligence assessment for Defense Secretary Dick Cheney about Pakistan’s nuclear program. The report is apparently “stark,” indicating that the program is ongoing and Pakistan has configured US-made fighters to drop nuclear bombs, despite promising not to do so. Barlow also says that Pakistan is still trying to procure components and will start selling its technology to other nations (note: it is already doing so—see 1987). Barlow’s analysis is supported by a separate Defense Intelligence Agency study, which reaches the same conclusion. Barlow will later say, “Officials at the [Office of the Secretary of Defense] kept pressurizing me to change my conclusions.” When he refuses to do so, however, files start to go missing from his office and a secretary tells him a senior official has been intercepting his papers. In July, one of the Pentagon’s top salesmen criticizes him for trying to scupper a forthcoming deal to sell another 60 F-16s to Pakistan (see August-September 1989). Barlow refuses to change the report, but after he is fired he finds that it has been rewritten to say that continued US aid to Pakistan will ensure the country stops its WMD program. [New Yorker, 3/29/1993; Guardian, 10/13/2007]

Entity Tags: US Department of Defense, Richard Barlow, Pakistan

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

Arthur Hughes.Arthur Hughes. [Source: Middle East Institute]The US agrees to sell Pakistan 60 more F-16 fighter jets in a deal worth $1.5 billion. The US previously sold forty F-16s to Pakistan and Pentagon analyst Richard Barlow believes they were adapted to carry nuclear weapons, in conflict with a promise made by the Pakistanis (see 1983-7). Despite this, shortly before the sale goes through, the Pentagon falsely claims to Congress, “None of the F-16s Pakistan already owns or is about to purchase is configured for nuclear delivery.” Deputy Assistant Secretary of Defense Arthur Hughes also tells Congress that the nuclear wiring has been removed from the planes and that to equip them to deliver nuclear bombs, “it first would be necessary to replace the entire wiring package of the aircraft.”
Testimony Known to Be False - However, this is contradicted by Pentagon analysis and the US intelligence community is well aware that the Pakistani air force has already practiced delivery of nuclear weapons by F-16s. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later say the US intelligence community was certain Pakistan had nuclear weapons (see 1987): “The evidence was unbelievable. I can’t go into it—but on a scale of 1 to 10, in terms of intelligence evidence, it was a 10 or 11. It doesn’t get any better than that.” Regarding the F-16 fighters, he will add: “All the top experts had looked at this question in detail for years, and it was a cold hard engineering question. There was no question about it—the jets could easily be made nuke-capable, and we knew that Pakistan had done just that.” [Raw Story, 4/30/2007] Barlow therefore urges that the testimony be corrected, but he is fired from his position two days later (see August 4, 1989). The US should not agree to the sale, as it has passed a law saying it will not sell such equipment to countries that obtain nuclear weapons, but President Reagan has repeatedly and falsely certified that Pakistan does not have a nuclear device, so the contract is signed. However, the deal will collapse the next year when President Bush fails to certify that Pakistan does not have a nuclear weapon (see October 1990). [New Yorker, 3/29/1993; Guardian, 10/13/2007]
Motivation Said to Be Profit - Given that the Soviet-Afghan War is over and there is therefore no need to be friendly with Pakistan to ensure it supports the anti-Soviet jihad in Afghanistan, Barlow believes that Hughes is lying not to support US national interests, but simply for the profits to be made by the planes’ manufacturer. “They sold out the world for an F-16 sale,” Barlow will comment. [Raw Story, 4/30/2007]

Entity Tags: Richard Barlow, Arthur Hughes, Pakistan

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

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

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

Sheikh Abdullah Azzam.Sheikh Abdullah Azzam. [Source: CNN]Osama bin Laden’s mentor Sheikh Abdullah Azzam is killed by a car bomb in Afghanistan. The killing will never be solved. Azzam has no shortage of enemies. Suspects will include the Mossad, CIA, Afghan warlord Gulbuddin Hekmatyar, the ISI, and bin Laden. The reason bin Laden will be suspected is because he and Azzam were increasingly at odds over what approach to take since the Soviet Union had been driven from Afghanistan earlier in the year (see February 15, 1989). [Slate, 4/16/2002; Coll, 2004, pp. 204] In 1998, Mohammed Saddiq Odeh will be arrested and later convicted for a role in the 1998 African embassy bombings. He reportedly will tell US interrogators that bin Laden “personally ordered the killing of Azzam because he suspected his former mentor had ties with the CIA.” However, it is not known if Odeh was just passing on a rumor. [Gunaratna, 2003, pp. 32] Regardless, in the wake of Azzam’s death, bin Laden will take control of Azzam’s recruiting and support network, Maktab al-Khidamat (MAK)/Al-Kifah, and merge it with al-Qaeda, which was formed the year before (see August 11-20, 1988). [Slate, 4/16/2002; Coll, 2004, pp. 204]

Entity Tags: Mohammed Saddiq Odeh, Osama bin Laden, Al-Qaeda, Abdullah Azzam, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Staff at the US embassies in India and Pakistan underestimate the seriousness of a crisis between the two countries (see January-May 1990), because they have been given manipulated intelligence about Pakistan’s nuclear capability. As they think Pakistan does not have nuclear weapons, they assume the crisis will not escalate into war. The US has been aware that Pakistan does have a nuclear weapons program and a nuclear weapon for some time (see 1987-1989 and May 1990), but has been suppressing this knowledge so that it could continue to support anti-Soviet mujaheddin and sell fighters to Pakistan (see August-September 1989). An example of the way the seriousness of the crisis is not appreciated is that US ambassador to India William Clark learns that the Pakistani air force is practicing dropping nuclear bombs, but is wrongly told that this is not important because the intelligence suggests Pakistan does not have nuclear weapons. The CIA, State Department, Pentagon, and White House are actually aware that this is a serious warning sign (see May 1990), but the intelligence has been altered to indicate Pakistan does not have nuclear weapons. For example, a report to Defense Secretary Dick Cheney by Pentagon analyst Richard Barlow was completely rewritten and Barlow’s conclusions were reversed to say Pakistan did not have nuclear weapons (see Mid-1989). Barlow was later fired from his job due to his opposition to an arms deal (see August 4, 1989). [Levy and Scott-Clark, 2007, pp. 209-210]

Entity Tags: William Clark, Richard Barlow, Richard (“Dick”) Cheney, US Department of State, US Department of Defense, Bush administration (41), Central Intelligence Agency

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

In a letter handed to Pakistani Foreign Minister Sahibzada Yaqub Khan, the US demands that Pakistan destroy the cores of its nuclear weapons, thus disabling the weapons. Pakistan does not do so. The US then imposes sanctions on Pakistan (see October 1990), such as cutting off US aid to it, due to the nuclear weapons program. However, it softens the blow by waiving some of the restrictions (see 1991-1992). [New Yorker, 3/29/1993] The US has known about Pakistan’s nuclear weapons program for some time, but continued to support the Pakistanis during the Soviet-Afghan War (see August 1985-October 1990).

Entity Tags: Sahibzada Yaqub Khan, Pakistan

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

October 1990: US Imposes Sanctions on Pakistan

Since 1985, US Congress has required that sanctions be imposed on Pakistan if there is evidence that Pakistan is developing a nuclear weapons program (see August 1985-October 1990). With the Soviet-Afghan war over, President Bush finally acknowledges widespread evidence of Pakistan’s nuclear program and cuts off all US military and economic aid to Pakistan. However, it appears some military aid will still get through. For instance, in 1992, Senator John Glenn will write, “Shockingly, testimony by Secretary of State James Baker this year revealed that the administration has continued to allow Pakistan to purchase munitions through commercial transactions, despite the explicit, unambiguous intent of Congress that ‘no military equipment or technology shall be sold or transferred to Pakistan.’” [International Herald Tribune, 6/26/1992] These sanctions will be officially lifted a short time after 9/11.

Entity Tags: John Glenn, Pakistan, United States, George Herbert Walker Bush

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

President George Bush allows Pakistan to buy US-made weapons from commercial companies, despite having invoked the Pressler amendment (see August 1985) the previous year due to the Pakistanis’ nuclear weapons program. The Pressler amendment provided for sanctions against Pakistan, such as the suspension of foreign aid, if the US president failed to certify Pakistan did not have a nuclear weapon, which President Bush did not do in 1990 (see October 1990). Journalist Seymour Hersh will later comment that this permission “nullif[ies] the impact of the law.” [New Yorker, 3/29/1993]

Entity Tags: Pakistan, Seymour Hersh, George Herbert Walker Bush

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

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

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

Timeline Tags: Civil Liberties

“A Call for Jihad in Bosnia” flyer published by the Al-Kifah Refugee Center’s Boston branch.“A Call for Jihad in Bosnia” flyer published by the Al-Kifah Refugee Center’s Boston branch. [Source: Public domain]The Al-Kifah Refugee Center in Brooklyn, New York, is al-Qaeda’s main foothold in the US and most of the 1993 WTC bombers are closely tied to it. It had been formed in the 1980s to send militants to fight in Afghanistan and also help veteran fighters settle in the US (see 1986-1993). But the Afghanistan war against the Soviets ended in early 1989 and the winning factions soon began fighting amongst themselves (see February 15, 1989). But a new cause is on the horizon as Yugoslavia starts falling apart. By 1991, the center’s parent organization in Pakistan, Maktab al-Khidamat(MAK)/Al-Kifah begins setting up al-Qaeda charity fronts in the Bosnia region (see 1991). The main regional MAK/Al-Kifah branch in Zagreb, Croatia, is also called the Al-Kifah Refugee Center like the Brooklyn branch and has very close ties with that branch (see Early 1990s). In 1992, war breaks out in Bosnia (see April 6, 1992) and the Al-Kifah Refugee Center in Brooklyn shifts its focus fully to the Bosnia cause. For instance, the Boston branch publishes “A Call for Jihad in Bosnia.” It claims that more than 100,000 Bosnians had been killed and that thousands of Muslim girls had been kidnapped and kept in Yugoslav army camps for sex. It urges readers who wish “to provide the emerging jihad movement in Bosnia with more than food and shelter” to send their donations to Al-Kifah. And just as Al-Kifah led the effort to send US-based militants to fight in Afghanistan, it appears to do the same for Bosnia. Vanity Fair will later claim, “Dozens and perhaps hundreds of US residents are reported to have joined appeals to fight the Serbs in Bosnia.” [Vanity Fair, 3/2005] The head of the Al-Kifah Refugee Center’s Zagreb branch, Kamer Eddine Kherbane, apparently is also one of the leaders of the mujaheddin fighters in Bosnia around this time (see 1990 and 1991). The CIA had ties to Al-Kifah during the Afghan war (see Late 1980s and After) and there is some circumstantial evidence of US government ties to it during the Bosnia war. In 1992, Ali Mohamed, a double agent and ex-US Special Forces officer with close ties to Al-Kifah, leads a group of US militants who are all ex-US soldiers to train and fight in Bosnia (see December 1992). Abu Ubaidah Yahya, an ex-US marine and security chief at the Brooklyn branch, will lead a second group of US militants to fight in Bosnia (see Spring 1993).

Entity Tags: Ali Mohamed, Abu Ubaidah Yahya, Al-Kifah Refugee Center, Kamer Eddine Kherbane, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Senator Jeff Bingaman (D-NM), a member of the Senate Armed Services Committee, asks the Defense Department to re-open its inquiry into the sacking of Richard Barlow, an analyst who worked on assessments of Pakistan’s nuclear program (see August 4, 1989). The request is made because Bingaman has seen evidence that a report by the Pentagon’s inspector general mischaracterized or possibly even fabricated evidence against Barlow. [New Yorker, 3/29/1993] The inspector general will write a report clearing Barlow, but this report will be rewritten to damage him (see Before September 1993).

Entity Tags: Jeff Bingaman, Richard Barlow, Senate Armed Forces Committee, US Department of Defense

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

A combined inquiry by the inspectors general of the Defense Department, CIA, and State Department finds that numerous charges made against Richard Barlow (see 1981-1982 and August 4, 1989), a former analyst of Pakistan’s nuclear weapons program for all three agencies, are without merit. However, the report is re-written before it is published. Lead inspector Sherman Funk finds that the accusation that Barlow is a traitor is “an error not supported by a scintilla of evidence,” adding, “The truth about Barlow’s termination is, simply put, that it was unfair and unwarranted.” Funk calls the whole affair “Kafka-like” and says Barlow was fired for “refusing to accede to policies which he knew to be wrong.” Despite this, the report is rewritten before it is published. The new version exonerates the Pentagon and says that Pakistan does not have nuclear weapons, although the US is well aware it does (see July 1987 or Shortly After). [New Yorker, 3/29/1993; Guardian, 10/13/2007] Funk will comment: “Yesterday, I received a copy of the Barlow report I had co-signed. Reviewing it I was startled and dismayed to realize that the summary of conclusions had not been revised to reflect the changes we had made.” [Levy and Scott-Clark, 2007, pp. 233, 507]
Fabricated Evidence - Commenting on an earlier version of the Pentagon inspector general’s report, one of Barlow’s former bosses, Gerald Oplinger, said that it contained evidence fabricated by the inspector general’s office. The report alleges that Oplinger deliberately inflated his annual evaluation of Barlow in order to avoid “an unpleasant personnel situation.” However, in a sworn affidavit Oplinger says this charge is “devoid of merit,” and also denies ever having spoken to anyone from the inspector general’s office, even though an interview with him is listed as one of the sources for the report.
'Many' Colleagues Support Barlow - Journalist Seymour Hersh previously interviewed “many” of Barlow’s former CIA and State Department colleagues and they confirmed Barlow’s essential allegation—that the full story of the Pakistani purchases was deliberately withheld from Congress, for fear of provoking a cut-off in military and economic aid that would adversely affect the Soviet-Afghan War. [New Yorker, 3/29/1993]

Entity Tags: Office of the Inspector General (DoD), Office of the Inspector General (CIA), Central Intelligence Agency, US Department of State, Sherman Funk, Richard Barlow, US Department of Defense, Office of the Inspector General (State Department)

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

The US Senate votes to lift some sanctions that were imposed on Pakistan due to its nuclear weapons program (see August 1985 and October 1990). The measure does not allow the US to sell Pakistan embargoed F-16 fighters, but, according to authors Adrian Levy and Catherine Scott-Clark, only leads to “a few million dollars being dispatched to a handful of Pakistan-based charities.” The amendment was proposed by Hank Brown (R-CO), chairman of a subcommittee of the Senate Foreign Relations Committee. The measure is opposed by John Glenn and other like-minded senators strongly against nuclear proliferation, but passes by one vote. Levy and Scott-Clark will comment, “It [the measure] was not a remedy and did nothing to bolster the fragile [Pakistani] democracy that had gone 10 rounds in the ring with the military and its ISI.” [Levy and Scott-Clark, 2007, pp. 265, 513]

Entity Tags: John Glenn, Hank Brown

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

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

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

Timeline Tags: Civil Liberties

The US State Department releases a report saying the Chinese government is not supplying equipment for Pakistan’s nuclear weapons program. The report was drafted in response to a leak to the press saying that the US administration knew the Chinese government had signed off on the sale of Chinese magnets for Pakistani centrifuges (see Early 1996). However, the report says there is “no evidence that the Chinese government had wilfully aided or abetted Pakistan’s nuclear weapons program through the magnet transfer.” Authors Adrian Levy and Catherine Scott-Clark will comment, “It flew in the face of the truth—in the same way that Bush officials had claimed F-16s could not be used to deploy a nuclear bomb” (see August-September 1989). Levy and Scott-Clark will add that Gordon Oehler, the US national intelligence officer for weapons of mass destruction, is “furious” with the report and the lack of sanctions imposed on the Chinese. [Levy and Scott-Clark, 2007, pp. 259]

Entity Tags: US Department of State, China, Gordon Oehler

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

In a surprising turn-about, India announces that it will not sign the draft Comprehensive Test Ban Treaty (CTBT) that is being negotiated with the world’s nuclear powers, because the CTBT would allow nations already possessing nuclear weapons to “continue refining and developing their nuclear arsenal.” [Federation of American Scientists, 12/18/2007]

Timeline Tags: US International Relations

The United Nations adopts the Comprehensive Test Ban Treaty (CTBT) banning the testing of nuclear weapons. The UN General Assembly votes 158-3 to adopt the CTBT, with India (see June 20, 1996), Bhutan, and Libya voting against it, and Cuba, Lebanon, Syria, Mauritius, and Tanzania abstaining. US President Bill Clinton will be the first to sign the treaty, followed by 70 other nations, including Britain, China, France, and Russia. By November 1997, 148 nations will sign the treaty. [Nuclear Threat Initiative, 4/2003; Federation of American Scientists, 12/18/2007] In 1999, the Times of India will observe that from the US’s viewpoint, the CTBT will primarily restrict India and Pakistan from continuing to develop their nuclear arsenals (see May 11-13, 1998 and May 28, 1998), and will delay or prevent China from developing more technologically advanced “miniaturized” nuclear weapons such as the US already has. It will also “prevent the vertical proliferation and technological refinement of existing arsenals by the other four nuclear weapons states.” [Times of India, 10/16/1999] Two years later, the US Senate will refuse to ratify the treaty (see October 13, 1999).

Entity Tags: William Jefferson (“Bill”) Clinton, United Nations

Timeline Tags: US International Relations

An independent panel issues its report on recently released National Intelligence Estimate NIE 59-19, “Emerging Missile Threats to North America During the Next 15 Years.” The panel, chaired by former CIA Director Robert Gates, was commissioned by Congressional conservatives as a “Team B” (see November 1976) to challenge and disprove the NIE’s finding that no rogue state such as North Korea or Iraq would be able to develop a nuclear-tipped ballistic missile capable of striking the continental US or Canada until at least 2011. Gates’s panel includes former ambassador Richard Armitage; nuclear scientist Sidney Drell; former State Department and National Security Council official Arnold Kanter; Brookings Institution fellow Janne Nolan; former Defense Department official and RAND Corporation president Henry Rowen; and Major General Jasper Welch, a retired Air Force flag officer and former National Security Council staffer. The panel’s findings enrage those conservatives who pushed for its creation; the panel not only agrees with the NIE’s conclusions about the capabilities of those rogue nations, but finds that the Congressional conservatives’ allegations that the NIE had been “politicized” and written to satisfy Clinton administration positions have no basis in fact. “The panel found no evidence of politicization,” it reports, and adds: “There was no breach of the integrity of the intelligence process. Beyond this, the panel believes that unsubstantiated allegations challenging the integrity of intelligence community analysts by those who simply disagree with their conclusions, including members of Congress, are irresponsible. Intelligence forecasts do not represent ‘revealed truth,’ and it should be possible to disagree with them without attacking the character and integrity of those who prepared them—or the integrity of the intelligence process itself.” [Central Intelligence Agency, 12/23/1996; Scoblic, 2008, pp. 172] Congressional conservatives will demand, and receive, another study of the NIE that will provide them with conclusions more to their liking (see July 1998).

Entity Tags: Sidney Drell, Robert M. Gates, Richard Armitage, Jasper Welch, Clinton administration, Arnold Kanter, ’Team B’, Henry S. Rowen, Janne Nolan

Timeline Tags: US International Relations

India, which has refused to sign the Comprehensive Test Ban Treaty (CTBT) banning nuclear testing (see September 10, 1996), shocks the world by testing five nuclear devices over the course of three days. The largest is a 42-kiloton thermonuclear device. [Federation of American Scientists, 12/18/2007] India’s rival Pakistan will conduct its own nuclear tests two weeks later (see May 28, 1998). Indian political scientist and nuclear critic Kanti Bajpai will later say: “Whatever Indians say officially, there is a status attached to the bomb. The five permanent members of the UN Security Council are all nuclear powers.” [New York Times, 5/4/2003]

Entity Tags: Kanti Bajpai

Timeline Tags: US International Relations

May 28, 1998: Pakistan Tests Nuclear Bomb

Pakistan’s first nuclear  test take place underground but shakes the mountains above it.Pakistan’s first nuclear test take place underground but shakes the mountains above it. [Source: Associated Press]Pakistan conducts a successful nuclear test. Former Clinton administration official Karl Inderfurth later notes that concerns about an Indian-Pakistani conflict, or even nuclear confrontation, compete with efforts to press Pakistan on terrorism. [US Congress, 7/24/2003] Pakistan actually built its first nuclear weapon in 1987 but kept it a secret and did not test it until this time for political reasons (see 1987). In announcing the tests, Prime Minister Nawaz Sharif declares, “Today, we have settled the score.” [New York Times, 5/4/2003]

Entity Tags: Nawaz Sharif, Pakistan, Karl Inderfurth

Timeline Tags: Complete 911 Timeline, US International Relations, A. Q. Khan's Nuclear Network

Pakistan conducts the sixth and last of a series of nuclear bomb tests that started two days earlier (see May 28, 1998). Samples taken by US aircraft over the site indicate that the test may have involved plutonium, whereas uranium bombs were used for the other five. After the US learns that the tests are witnessed by Kang Thae Yun, a North Korean involved in that country’s proliferation network (see Early June 1998), and other North Korean officials, it will speculate that the final test was performed by Pakistan for North Korea, which is better known for its plutonium bomb program. Authors Adrian Levy and Catherine Scott-Clark will comment, “In terms of nuclear readiness, this placed North Korea far ahead of where the CIA had thought it was, since [North Korea] had yet to conduct any hot tests of its own.” [Levy and Scott-Clark, 2007, pp. 278]

Entity Tags: Kang Thae Yun, Central Intelligence Agency

Timeline Tags: US International Relations, A. Q. Khan's Nuclear Network

A Korean diplomat’s wife named Kim Sa-nae is shot dead outside a guest house associated with Pakistani nuclear scientist A. Q. Khan in Islamabad, Pakistan. Government officials claim it was a tragic accident and that she was simply caught in a crossfire resulting from a domestic dispute. However, the US discovers that the woman had been shot execution-style and was the wife of Kang Thae Yun, a North Korean who was the economic counsellor at its embassy in Pakistan. Kang is already on the US nuclear watch-list and, based on interviews conducted by the CIA, the US comes to believes that Pakistan’s ISI had her killed because she was preparing to pass on sensitive material about nuclear transfers between Pakistan and North Korea to Western contacts. This theory is supported by the fact that Kang represented the Changgwang Sinyong Corporation (CSC), also known as the North Korean Mining Development Trading Corporation, which had shipped No-dong missiles to Pakistan in 1994 (see January 1994). In addition, defectors have said that the most important job of North Korean embassies around the world is to help efforts to seek nuclear technology and this was Kang’s primary role in Islamabad, where he frequently visited Khan. [Levy and Scott-Clark, 2007, pp. 276-277] Kang disappears from Pakistan around the time his wife’s body is flown home to North Korea (see Mid-June 1998).

Entity Tags: Kim Sa-nae, Kang Thae Yun, Pakistan Directorate for Inter-Services Intelligence, North Korean Mining Development Trading Corporation

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

The US again begins to provide agricultural aid to Pakistan, although its provision had been frozen in the wake of Pakistani nuclear weapons tests in May (see May 28, 1998 and May 30, 1998). The US will again begin to provide military and technological assistance three months later (see October 1998). [Levy and Scott-Clark, 2007, pp. 286]

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

Congressional conservatives receive a second “alternative assessment” of the nuclear threat facing the US that is far more to their liking than previous assessments (see December 23, 1996). A second “Team B” panel (see November 1976), the Commission to Assess the Ballistic Missile Threat to the United States, led by former Defense Secretary Donald Rumsfeld and made up of neoconservatives such as Paul Wolfowitz and Stephen Cambone, finds that, contrary to earlier findings, the US faces a growing threat from rogue nations such as Iran, Iraq, and North Korea, who can, the panel finds, inflict “major destruction on the US within about five years of a decision.” This threat is “broader, more mature, and evolving more rapidly” than previously believed. The Rumsfeld report also implies that either Iran or North Korea, or perhaps both, have already made the decision to strike the US with nuclear weapons. Although Pakistan has recently tested nuclear weapons (see May 28, 1998), it is not on the list. Unfortunately for the integrity and believability of the report, its methodology is flawed in the same manner as the previous “Team B” reports (see November 1976); according to author J. Peter Scoblic, the report “assume[s] the worst about potential US enemies without actual evidence to support those assumptions.” Defense analyst John Pike is also displeased with the methodology of the report. Pike will later write: “Rather than basing policy on intelligence estimates of what will probably happen politically and economically and what the bad guys really want, it’s basing policy on that which is not physically impossible. This is really an extraordinary epistemological conceit, which is applied to no other realm of national policy, and if manifest in a single human being would be diagnosed as paranoia.” [Guardian, 10/13/2007; Scoblic, 2008, pp. 172-173] Iran, Iraq, and North Korea will be dubbed the “Axis of Evil” by George W. Bush in his 2002 State of the Union speech (see January 29, 2002).

Entity Tags: Donald Rumsfeld, J. Peter Scoblic, Paul Wolfowitz, Commission to Assess the Ballistic Missile Threat to the United States, Stephen A. Cambone, John Pike

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

After conducting a series of six nuclear tests (see May 30, 1998), Pakistan announces that it will adhere to the Comprehensive Test Ban Treaty (see September 10, 1996) provided that India reciprocates (see May 11-13, 1998) and the US ends the economic sanctions it has employed against Pakistan since it tested its devices. [Federation of American Scientists, 12/18/2007]

Timeline Tags: US International Relations

The US again begins to provide Pakistan with military and technological aid, which had been frozen in the wake of Pakistani tests of nuclear weapons in May (see May 28, 1998 and May 30, 1998). The US also froze agricultural aid after the tests, but began to provide it again in July (see July 1998). [Levy and Scott-Clark, 2007, pp. 286]

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

Nawaz Sharif meeting with US Defense Secretary William Cohen at the Pentagon on December 3, 1998.Nawaz Sharif meeting with US Defense Secretary William Cohen at the Pentagon on December 3, 1998. [Source: US Department of Defense]Pakistani Prime Minister Nawaz Sharif comes to Washington to meet with President Clinton and other top Clinton administration officials. The number one issue for Clinton is Pakistan’s nuclear program, since Pakistan had recently illegally developed and exploded a nuclear weapon (see May 28, 1998). The second most important issue is Pakistan’s economy; the US wants Pakistan to support free trade agreements. The third most important issue is terrorism and Pakistan’s support for bin Laden. Author Steve Coll will later note, “When Clinton himself met with Pakistani leaders, his agenda list always had several items, and bin Laden never was at the top. Afghanistan’s war fell even further down.” Sharif proposes to Clinton that the CIA train a secret Pakistani commando team to capture bin Laden. The US and Pakistan go ahead with this plan, even though most US officials involved in the decision believe it has almost no chance for success. They figure there is also little risk or cost involved, and it can help build ties between American and Pakistani intelligence. The plan will later come to nothing (see October 1999). [Coll, 2004, pp. 441-444]

Entity Tags: Nawaz Sharif, Clinton administration, William Jefferson (“Bill”) Clinton, Pakistan Directorate for Inter-Services Intelligence, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

US President Bill Clinton and Pakistani Prime Minister Nawaz Sharif reach an agreement on co-operation between their countries. According to a deal offered by Clinton, the US will refund Pakistan most of the $470 million it owes for a group of F-16 fighters ordered and paid for by Pakistan but never delivered (see August-September 1989). In return, Clinton asks Sharif to close down Pakistani nuclear proliferator A. Q. Khan and his operations, as well as training camps for radical Islamists in Afghanistan that are supported by Pakistan. However, Sharif does not fulfill his end of the bargain, and the Pakistani government continues to support both Khan and the training camps. According to authors Adrian Levy and Catherine Scott-Clark, Sharif thinks he can get away with the inaction because of Clinton’s preoccupation with the Monica Lewinsky sex scandal and the US’s generally permissive attitude to Pakistani nuclear weapons. [Levy and Scott-Clark, 2007, pp. 286]

Entity Tags: William Jefferson (“Bill”) Clinton, Nawaz Sharif

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

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

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

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

Paul Wolfowitz, who served as undersecretary of defense for policy in the George H. W. Bush administration, first learns of the case of Richard Barlow, according to a statement made later by Wolfowitz. Barlow was an analyst of Pakistan’s nuclear weapons program who was fired for attempting to tell Congress the truth about what the US knew about the program. Wolfowitz will say he learns of the case around this time when he is asked to supply an affidavit to Barlow’s lawyers, who are involved in a civil action. According to a statement made by Wolfowitz in February 2001 during a hearing to confirm him as deputy secretary of defense, the reason Wolfowitz did not know of the case before was that most of the events concerning Barlow’s termination occurred before he became undersecretary of defense for policy. Wolfowitz joined the Defense Department at some time in mid-to-late 1989 (see March 20, 1989 and After) after leaving his position as US ambassador to Indonesia that May (see May 1989). The Barlow situation came to a head that August (see August 4, 1989). [Levy and Scott-Clark, 2007, pp. 300, 518] The case of Barlow is fairly well known at this time and has been the subject of several media reports, one of the most prominent being a 1993 New Yorker piece by Seymour Hersh. [New Yorker, 3/29/1993]

Entity Tags: Paul Wolfowitz, Richard Barlow

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

The CIA readies an operation to capture or kill bin Laden, secretly training and equipping approximately 60 commandos from the Pakistani ISI. Pakistan supposedly agrees to this plan in return for the lifting of economic sanctions and more economic aid. [Washington Post, 10/3/2001] Pakistan proposed the plan in December 1998 (see December 2, 1998). US officials were said to be “deeply cynical” of the plan, knowing that Pakistani intelligence was allied with bin Laden (see Autumn 1998). They figured that if Pakistan really wanted bin Laden captured or killed, they could just tell the US when and where he would be, but Pakistan never revealed this kind of information. But the US went ahead with the plan anyway, figuring it held little risk and could help develop intelligence ties with Pakistan. [Coll, 2004, pp. 442-444] After months of training, the commando team is almost ready to go by this month. However, the plan is aborted because on October 12, General Musharraf takes control of Pakistan in a coup (see October 12, 1999). Prime Minister Nawaz Sharif ties to use the commando team to protect himself during the coup, but the team dissolves rather than fight on what they judge to be the losing side. Musharraf refuses to reform the team or continue any such operation against bin Laden despite the promise of substantial rewards. [Washington Post, 10/3/2001; Coll, 2004, pp. 442-444, 478-480] Some US officials later say the CIA was tricked, that the ISI just feigned to cooperate as a stalling tactic, and never intended to get bin Laden. [New York Times, 10/29/2001]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Pervez Musharraf, Central Intelligence Agency, Nawaz Sharif, Osama bin Laden

Timeline Tags: Complete 911 Timeline

Pakistani President Pervez Musharraf.Pakistani President Pervez Musharraf. [Source: Government of Pakistan]Gen. Pervez Musharraf becomes leader of Pakistan in a coup, ousting Prime Minister Nawaz Sharif. One major reason for the coup is the ISI (Pakistan’s intelligence agency) felt Sharif had to go “out of fear that he might buckle to American pressure and reverse Pakistan’s policy [of supporting] the Taliban.” [New York Times, 12/8/2001] Shortly thereafter, Musharraf replaces the leader of the ISI, Brig Imtiaz, because of his close ties to the previous leader. Imtiaz is arrested and convicted of “having assets disproportionate to his known sources of income.” It is later revealed that he was keeping tens of millions of dollars earned from heroin smuggling in a Deutsche Bank account. [Financial Times, 8/10/2001] Lieutenant General Mahmood Ahmed, a close ally of Musharraf, is instrumental in the success of the coup. Ahmed actually secured the capital and detained Sharif, but then honored the chain of command and stepped aside so Musharraf, as head of the military, could take over. Ahmed is rewarded by being made the new director of the ISI. [Guardian, 10/9/2001; Coll, 2004, pp. 504-505]

Entity Tags: Taliban, Pervez Musharraf, Nawaz Sharif, Pakistan Directorate for Inter-Services Intelligence, Deutsche Bank, Mahmood Ahmed, Brig Imtiaz

Timeline Tags: Complete 911 Timeline

The Senate, led by Republican opponents such as Jesse Helms (R-NC), votes not to ratify the UN’s Comprehensive Test Ban Treaty banning the testing of nuclear weapons (see September 10, 1996). This is the first time in 80 years that the Senate has refused to ratify a security-related treaty. Helms and other Senate Republicans do not wish to give up the US’s ability to test nuclear weapons if desired, nor do they want to impede the continued development of the “Star Wars” / “Brilliant Pebbles” missile defense system (see March 23, 1983 and January 29, 1991). [Federation of American Scientists, 12/18/2007; Scoblic, 2008, pp. 169] The Times of India notes that many of the opposing senators fear “that abandoning forever the right to conduct explosive nuclear tests will undermine the hegemonic position of the US. The world is virtually unipolar today and they would like to keep it that way.” But, the Times goes on to observe: “The irony is that President Bill Clinton wants the CTBT for precisely the same reason. For all his administration’s propaganda about disarmament, the CTBT is intended to lock in to place the technological lead the US has over other nuclear weapon states in terms of weapon designs and delivery systems.” [Times of India, 10/16/1999] The head of the International Atomic Energy Agency, Mohamed ElBaradei, will later say, “The Senate vote against the ban on nuclear tests was a devastating blow to our efforts to gain acceptance of more intrusive inspections of nuclear facilities around the world.” [Scoblic, 2008, pp. 277]

Entity Tags: William Jefferson (“Bill”) Clinton, Jesse Helms, International Atomic Energy Agency, Mohamed ElBaradei, Strategic Defense Initiative

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties

At the 2000 Nuclear Proliferation Treaty Review Conference, a conference held once every five years to review and extend implementation of the Nuclear Nonproliferation Treaty (see July 1, 1968), participating nations unanimously agree that the Comprehensive Test Ban Treaty (see September 10, 1996) should be brought into force as one of the so-called “13 Steps” to strengthen international nonproliferation efforts. The Bush administration will immediately reject the idea upon taking office; it will reject the entire “13 Steps” construct, calling it an idea from a bygone era and therefore irrelevant. [Wulf, 11/2000; Scoblic, 2008, pp. 277]

Entity Tags: Bush administration (43)

Timeline Tags: US International Relations

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Lt. Col. Stuart Couch.Lt. Col. Stuart Couch. [Source: Wall Street Journal]Mohamedou Ould Slahi, a Mauritanian businessman and alleged liaison between Islamic radicals in Hamburg and Osama bin Laden with foreknowledge of the 9/11 plot (see 1999 and January-April 2000), is arrested in Mauritania by secret police, his family says. By December, he will be in US custody. He will later be housed at a secret CIA facility within Camp Echo at the Guantanamo Bay Naval Station. [Washington Post, 12/17/2004] In 2007, it will be reported that one of Slahi’s prosecutors, Lt. Col. Stuart Couch, has refused to continue to prosecute Slahi after learning details of Slahi’s tortures at Guantanamo. [Wall Street Journal, 3/31/2007] The Nation will later report, “Aside from the beatings, waterboarding, stress positions, and sexual degradation that have been the norm at Guantanamo, Slahi was taunted with details of his mother’s incarceration and rape in an elaborate hoax by an officer who claimed to be representing the White House.” While Couch believes Slahi is a high-level al-Qaeda operative, he also believes the much of the evidence against him is not credible because of the methods used to obtain it. [Nation, 4/4/2007]

Entity Tags: Stuart Couch, Mohamedou Ould Slahi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Yaser Esam Hamdi in Afghanistan shortly after being captured there.Yaser Esam Hamdi in Afghanistan shortly after being captured there. [Source: Virginian Pilot]Yaser Esam Hamdi, who holds dual Saudi and US citizenship, is captured in Afghanistan by the Northern Alliance and handed over to US forces. According to the US government, at the time of his arrest, Hamdi carries a Kalashnikov assault rifle and is traveling with a Taliban military unit. The following month he will be transferred to Guantanamo. In April 2002, it will be discovered he is a US citizen. He will be officially be declared an “enemy combatant” and transferred to a Navy brig in Norfolk, Virginia (see April 2002). [CNN, 10/14/2004]

Entity Tags: Yaser Esam Hamdi

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

President Bush’s State of the Union speech describes an “axis of evil” consisting of Iraq, Iran, and North Korea. Osama bin Laden is not mentioned in the speech. [US President, 2/4/2002] Bush says: “States like these and their terrorist allies, constitute an axis of evil, arming to threaten the peace of the world. By seeking weapons of mass destruction, these regimes pose a grave and growing danger. They could provide these arms to terrorists, giving them the means to match their hatred. They could attack our allies or attempt to blackmail the United States. In any of these cases, the price of indifference would be catastrophic.” Bush goes on to suggest for the first time that the US might be prepared to launch pre-emptive wars by saying, “The United States of America will not permit the world’s most dangerous regimes to threaten us with the world’s most destructive weapons.” [Vanity Fair, 5/2004] When Bush advisor Richard Perle was asked one month before 9/11 about new challenges the US faced, he replied by naming these exact three countries (see August 6, 2001). Michael Gerson, head of the White House speechwriting team at the time, will later claim that, as Newsweek will later put it, “Bush was already making plans to topple Saddam Hussein, but he wasn’t ready to say so.” Iran and North Korea are inserted into the speech in order to avoid focusing solely on Iraq. The speech is followed by a new public focus on Iraq and a downplaying of bin Laden (see September 15, 2001-April 6, 2002). Prior to the speech, the Iranian government had been very helpful in the US fight against the Taliban, since the Taliban and Iran were enemies. [Newsweek, 2/12/2007] At the time, al-Qaeda operatives had been streaming into Iran from Afghanistan following the defeat of the Taliban. Iran has been turning over hundreds of suspects to US allies and providing US intelligence with the names, photographs, and fingerprints of those it is holding. [Washington Post, 2/10/2007] Newsweek will later say that it is “beyond doubt” the Iranian government was “critical… to stabilizing [Afghanistan] after the fall of Kabul.” But all this cooperation comes to an end after the speech. Iranian Deputy Foreign Minister Mohammad Hossein Adeli will later say that “Those [inside the Iranian government] who were in favor of a rapprochement with the United States were marginalized. The speech somehow exonerated those who had always doubted America’s intentions.” [Newsweek, 2/12/2007] In August 2003, reporter Jeffrey St. Clair will write that “the Axis of Evil [is not] an ‘axis’ at all, since two of the states, Iran and Iraq, hate… each other, and neither [have] anything at all to do with the third, North Korea.” [CounterPunch, 8/13/2003]

Entity Tags: George W. Bush, Mohammad Hossein Adeli, Jeffrey St. Clair, Michael Gerson

Timeline Tags: US confrontation with Iran, Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. [Guardian, 6/11/2002; PBS, 6/11/2002] But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. [London Times, 6/13/2002] It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” [Village Voice, 6/12/2002; Independent, 6/12/2002; BBC, 6/13/2002; Washington Post, 6/13/2003] Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. [Rolling Stone, 9/21/2006 pdf file] Bush soon privately chastises Ashcroft for overstating claims about Padilla. [Guardian, 8/15/2002] The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. [Village Voice, 6/12/2002] It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” [Guardian, 8/15/2002] Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. [San Francisco Chronicle, 6/11/2002; Washington Post, 6/11/2002] The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” [Washington Post, 6/11/2002] Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Entity Tags: Al-Qaeda, Central Intelligence Agency, London Times, Joint Intelligence Committee, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Complete 911 Timeline

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]

Entity Tags: Robert S. Mueller III, Sibel Edmonds, Barbara Comstock, John Ashcroft, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

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

President Bush waives the last set of US sanctions against Pakistan. The US imposed a new series of sanctions against Pakistan in 1998, after Pakistan exploded a nuclear weapon (see May 28, 1998), and in 1999, when President Pervez Musharraf overthrew a democratically elected government (see October 12, 1999). The lifted sanctions had prohibited the export of US military equipment and military assistance to a country whose head of government has been deposed. Some other sanctions were waived shortly after 9/11. Bush’s move comes as Musharraf is trying to decide whether or not to support a US-sponsored United Nations resolution which could start war with Iraq. It also comes two weeks after 9/11 mastermind Khalid Shaikh Mohammed was captured in Pakistan (see February 29 or March 1, 2003). [Agence France-Presse, 3/14/2003]

Entity Tags: Pervez Musharraf, George W. Bush

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Constitutional lawyers and experts believe that the Supreme Court will not accept the petition to reopen the landmark US v Reynolds case (see February 26, 2003 and May 30, 2003). Kate Martin of the Center for National Security Studies says that the petition is essentially frivolous, and says of the claim that Reynolds was decided on the basis of a fraudulent government presentation: “That the facts of the original case are not true is irrelevant to the state secrets privilege (see March 9, 1953). The idea that it undercuts the privilege is ridiculous. Often in cases, after they’re decided, the facts are proven not to be true. That’s the nature of the legal system. Sometimes people lie. Sometimes there’s new information.” Law professor Jonathan Turley is more sympathetic to the petition, but agrees that the Supreme Court will probably not hear it: “For the Supreme Court to address the fact clearly that it had been lied to would open difficult issues.… The Court used the facts of Reynolds to say the government could be trusted.… Reynolds was based on trust, on willful blinders. There’s much danger in going back now, in recognizing that the government routinely lies. They’re not going to face that. They won’t reopen this. I think Reynolds is like discovering an unfaithful wife after fifty years of marriage. You’re hurt by the betrayal, but you can’t turn back half a century. You preserve the marriage for the children’s sake” (see December 1980, September 1982, November 1984, January 1990, June 13, 1991, and September 16, 1992). [Siegel, 2008, pp. 266-267]

Entity Tags: US Supreme Court, Jonathan Turley, Center for National Security Studies, Kate Martin

Timeline Tags: Civil Liberties

Attorney General John Ashcroft again invokes the “state secrets” privilege (see March 9, 1953), forbidding former FBI translator Sibel Edmonds from testifying in a case brought by hundreds of families of September 11 victims (see October 18, 2002). [New York Times, 5/20/2004] Four weeks earlier, on April 26, the Justice Department had obtained a temporary court order preventing her from testifying before the court. [Independent, 4/2/2004; Government Executive, 4/30/2004] The families, represented by the law firm Motley-Rice, allege that a number of banks and two members of the Saudi royal family provided financial support to al-Qaeda. [New York Times, 5/20/2004] Ashcroft’s order retroactively classifies information it provided Senators Chuck Grassley and Patrick Leahy (see June 17, 2002) concerning former FBI translator Sibel Edmonds and her allegations. Among the documents to be “reclassified” are the follow-up letters sent by Grassley and Leahy to the FBI which they posted on their website. Their staff members are prohibited from discussing the information, even though it is now public knowledge. The order bars Edmonds from answering even simple questions like, “When and where were you born?” “What languages do you speak?” and “Where did you go to school?” [New York Times, 5/20/2004; Boston Globe, 7/5/2004; Asia Times, 8/6/2004; Vanity Fair, 9/2005] In response to the announcement, Grassley says: “I think it’s ludicrous, because I understand that almost all of this information is in the public domain and has been very widely available. This classification is very serious, because it seems like the FBI would be attempting to put a gag order on Congress.” [New Republic, 6/7/2004]

Entity Tags: US Department of Justice, Sibel Edmonds, Charles Grassley, Patrick J. Leahy

Timeline Tags: Complete 911 Timeline, Civil Liberties

Zacarias Moussaoui wants captured al-Qaeda leaders Khalid Shaikh Mohammed and Ramzi bin al-Shibh to testify in his trial. However, an appeals court in April 2004 had only allowed indirect access to those prisoners, and further appeals court decisions in September and October 2004 had reaffirmed that ruling. On this date, the US Supreme Court, without comment, refuses to hear a further appeal. This was expected because the Supreme Court typically doesn’t hear such appeals until after the case goes to trial. [Washington Post, 9/14/2004; Washington Post, 10/14/2004; Washington Post, 3/22/2005] Moussaoui’s guilty plea one month later (see April 22, 2005) may lead to a new round of appeals. Presiding judge Leonie Brinkema has indicated she believes witness access is “highly relevant to the sentencing phase,” which will begin next, and could constitute “mitigating evidence” that could make the difference between Moussaoui receiving the death penalty or not. [Washington Post, 4/23/2005]

Entity Tags: Zacarias Moussaoui, Khalid Shaikh Mohammed, US Supreme Court, Ramzi bin al-Shibh, Leonie Brinkema

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The DC federal appeals court rules in favor of the attorney general’s use of the state secrets privilege (see March 9, 1953, October 18, 2002 and May 19, 2004) to prevent the court from hearing Sibel Edmonds’ lawsuit (see June 2002). Lawyers for the Justice Department had addressed the judge behind sealed doors. [Vanity Fair, 9/2005]

Entity Tags: Sibel Edmonds, US Department of Justice

Timeline Tags: Complete 911 Timeline

The 2005 NPT Review Conference, held once every five years to review and extend the implementation of the Nuclear Nonproliferation Treaty (see July 1, 1968), is an unusually contentious affair, and the US is at the center of the imbroglio. After the 2000 NPT Review Conference (see Late May, 2000), the US, under George W. Bush, refused to join in calls to implement the Comprehensive Test Ban Treaty (CTBT—see September 10, 1996). The US’s recalcitrance is, if anything, magnified five years later. Many representatives of the NPT signatories focus their ire upon the US, even though two signatories, Iran and North Korea, are, in author J. Peter Scoblic’s words, “violating either the spirit or the letter of the treaty” in developing their own nuclear weapons. Other nations send their foreign ministers to the conference, and in turn the US could have been expected to send Secretary of State Condoleezza Rice. (In 1995 and 2000, the US had sent, respectively, Vice President Al Gore and Secretary of State Madeleine Albright to represent the US.) Instead, the US sends State Department functionary Stephen Rademaker. Not only is Rademaker’s lesser rank a studied insult to the conference, Rademaker himself is an ardent conservative and a protege of arms control opponent John Bolton. Rademaker enters the conference prepared to use the forum to browbeat Iran and North Korea; instead, he finds himself defending the US’s intransigence regarding the CTBT. The New Agenda Coalition, made up of Brazil, Egypt, Ireland, Mexico, South Africa, Sweden, and New Zealand—all allies of the US—focuses on “the troubling development that some nuclear-weapon states are researching or even planning to develop new or significantly modify existing warheads,” a Bush administration priority (see May 1, 2001 and December 13, 2001). “These actions have the potential to create the conditions for a new nuclear arms race.” Even Japan, usually a solid US ally, says that all nuclear-armed states should take “further steps toward nuclear disarmament.” Canada, the closest of US allies both in policy and geography, is more blunt, with its representative saying, “If governments simply ignore or discard commitments whenever they prove inconvenient, we will never build an edifice of international cooperation and confidence in the security realm.” And outside the conference, former British Foreign Minister Robin Cook lambasts the US in an op-ed entitled “America’s Broken Unclear Promises Endanger Us All,” blasting the Bush administration for its belief that “obligations under the nonproliferation treaty are mandatory for other nations and voluntary for the US.” For his part, Rademaker says just before the conference, “We are not approaching this review conference from the cynical perspective of, we are going to toss a few crumbs to the rest of the world, and, by doing that, try to buy goodwill or bribe countries into agreeing to the agenda that we think they should focus on rather than some other agenda.” In 2008, Scoblic will interpret Rademaker’s statement: “In other words, the administration was not going to engage in diplomacy even if it would encourage other states to see things our way—which only meant that it was quite certain they never would.” [United Nations, 5/2005; Scoblic, 2008, pp. 277-280]

Entity Tags: J. Peter Scoblic, Bush administration (43), George W. Bush, Robin Cook, Stephen Rademaker, US Department of State, Madeleine Albright

Timeline Tags: US International Relations

The Bush administration reverses almost 30 years of US policy by announcing that it will “work to achieve full civil nuclear energy cooperation with India.” The US agrees to provide India with nuclear fuel, reactor technology, and dual-use goods that have both civilian and military applications. The US has been leery of such dealings with India because of its unsanctioned development of nuclear weapons (using US technology—see June 20, 1996 and May 11-13, 1998). Since 1998, the US has sanctioned India and backed a UN resolution demanding that India give up its nuclear program. In 2008, author J. Peter Scoblic will write, “Given that context, it was shocking that the Bush administration would renew Indian access to nuclear technology.” The deal violates the US’s commitments under the Nuclear Nonproliferation Treaty (NPT—see July 1, 1968) and requires a fundamental rewrite of laws written specifically to constrain India’s nuclear ambitions. With the agreement, the US has turned India from a global “nuclear pariah” to a burgeoning full partner in the world’s “nuclear club.” The agreement is also guaranteed to inflame passions in Pakistan, India’s traditional enemy, which is, in Scoblic’s words, “nuclear-armed, jihadist-riddled, and politically unstable.” Pakistan is almost certain to step up its production of nuclear reactors and even weapons, a major concern considering that Pakistan is considered the nation most likely to provide nuclear technology to Islamist militants. State Department official Nicholas Burns explains that the US wants to “transform relations with India… founded upon a strategic vision that transcends even today’s most pressing security needs.” The US ambassador to India, Robert Blackwill, writes that the Bush administration decided to ignore the “nagging nannies” in the State Department who warned of the danger of nuclear proliferation. Many experts see the US as cultivating India to serve as a bulwark against Pakistan and Islamic radicalism, as well as a counter against the geostrategic maneuverings of China. Bush officials call it a “natural alliance,” and claim that arming a “democratic friend” with nuclear technology is worth the risk of unwanted proliferation. [Scoblic, 2008, pp. 255-258] Two years later, the US will repeatedly sanction Indian entities for providing nuclear technology to, among other nations and organizations, Iran (see 2007).

Entity Tags: J. Peter Scoblic, Robert Blackwill, US Department of State, Bush administration (43)

Timeline Tags: US International Relations

Lawyers for Sibel Edmonds file a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urges the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. In May, the federal appeals court had closed the courtroom to the public and media. Edmonds’ lawyers include the American Civil Liberties Union and Mark Zaid of Krieger and Zaid, PLLC. If the Supreme Court rules in favor of Edmonds, she will return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005]

Entity Tags: US Supreme Court, American Civil Liberties Union, Mark Zaid

Timeline Tags: Complete 911 Timeline

The Supreme Court declines, without comment, to hear the case (see August 4, 2005) brought by former FBI translator Sibel Edmonds. [New York Times, 11/28/2005; Reuters, 11/28/2005] The decision puts an end to Edmonds’ legal efforts to hold the bureau accountable for its failure to address several security issues raised by Edmonds in late 2001 and early 2002 (see December 2, 2001 and Afternoon February 12, 2002, respectively). On August 4, Edmonds had filed a petition with the Supreme Court asking it “to provide guidance to the lower courts about the proper scope and application of the state secrets privilege (see March 9, 1953), and to prevent further misuse of the privilege to dismiss lawsuits at the pleading stage.” The petition also urged the court to affirm that the press and public may not be barred from court proceedings in civil cases without just cause. (In May, the federal appeals court had closed the courtroom to the public and media.) Had the Supreme Court had ruled in favor of Edmonds, she would have been able to return to the lower courts and start her case again. [Petition for a writ of certiorari. Sibel Edmonds v. Department of Justice, et all., 8/4/2005, pp. 2 pdf file; Government Executive, 8/8/2005]

Entity Tags: US Supreme Court, Sibel Edmonds

Timeline Tags: Complete 911 Timeline

Electronic Frontier Foundation logo.Electronic Frontier Foundation logo. [Source: Flickr.com]The Electronic Frontier Foundation (EFF), a civil liberties and privacy-advocacy organization, files a lawsuit against telecommunications giant AT&T for allegedly violating the law and the privacy of its citizens by cooperating with the National Security Agency in the NSA’s construction of what the EFF calls a “massive, illegal program to wiretap and data-mine Americans’ communications.” EFF lawyer Kevin Bankston says: “Our goal is to go after the people who are making the government’s illegal surveillance possible. They could not do what they are doing without the help of companies like AT&T. We want to make it clear to AT&T that it is not in their legal or economic interests to violate the law whenever the president asks them to.”
Unprecedented Access to Communications System - EFF alleges that as part of the NSA’s domestic spying program, AT&T has allowed the NSA direct access to the phone and Internet communications passing over its network, and has given the government “unfettered access to its over 300 terabyte ‘Daytona’ database of caller information—one of the largest databases in the world.” One of AT&T’s databases, nicknamed “Hawkeye,” contains 312 terabytes of data detailing nearly every telephone communication on AT&T’s domestic network since 2001, the lawsuit alleges. The suit goes on to claim that AT&T allowed the NSA to use the company’s powerful Daytona database management software to quickly search this and other communication databases. AT&T, the suit claims, is in violation of the First and Fourth Amendments, federal wiretapping statutes, telecommunications laws, and the Electronic Communications Privacy Act. The suit requests fines up to $22,000 for each AT&T customer, and punitive fines—damages that could potentially reach into the billions of dollars. The EFF lawsuit is one of over 30 lawsuits filed for similar reasons (see June 26, 2006). The lawsuit will survive a number of initial legal challenges by the Justice Department and AT&T, including AT&T’s contention that “whatever we did, the government told us to do” and therefore it should be immune from such lawsuits, and the Justice Department’s invocation of “national security” and the possibility of the revelation of “state secrets” (see March 9, 1953). EFF retorts, “In this country we follow the law, we don’t just follow orders.” Bankston tells a reporter, “If state secrecy can prevent us from preserving the rights of millions upon millions of people, then there is a profound problem with the law.”
Suit Alleges Criminal Actions, Does Not Challenge Government's Right to Wiretap - The lawsuit does not challenge the government’s right to electronically monitor legitimate terrorism suspects, nor does it challenge the judicial right to issue warrants for such surveillance. Rather, EFF writes: “Wiretaps on terrorists are allowed under the law, and this lawsuit is not challenging the wiretap laws. We have sued AT&T for breaking those laws—the telecommunications giant gave the government access to its communications switches and its huge databases of information on millions of ordinary Americans. These are AT&T customers who have not even been accused of affiliations with terrorists. Americans can be both safe and free: if the government truly believes it has cause to wiretap a suspect, it can order AT&T to provide information under FISA [the Foreign Intelligence Surveillance Act]—for up to 72 hours before going to the court. But AT&T has no business providing direct access to the communications of millions of ordinary Americans, without the checks and balances of Congress or the courts.” [Electronic Frontier Foundation, 1/31/2006; Wired News, 1/31/2006]

Entity Tags: Electronic Frontier Foundation, Foreign Intelligence Surveillance Act, National Security Agency, AT&T, US Department of Justice, Kevin Bankston

Timeline Tags: Civil Liberties

The Justice Department announces that it is invoking the “state secrets” clause to prevent a lawsuit by the Electronic Frontier Foundation (EFF) against AT&T from going forward (see March 9, 1953 and January 31, 2006). The EFF is suing AT&T for compromising its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s domestic surveillance program. The government alleges that the lawsuit would reveal “state secrets” critical to “national security” if it continues. The Justice Department makes its initial filing in mid-May (see May 13, 2006). [US District Court, Northern District of California, 4/28/2006 pdf file; Klein, 2009, pp. 71]

Entity Tags: Electronic Frontier Foundation, AT&T, National Security Agency, US Department of Justice

Timeline Tags: Civil Liberties

The lawsuit brought forth by Khalid el-Masri and the ACLU (see December 6, 2005) is dismissed by US District Judge T.S. Ellis III in Alexandria, who rules that the state secrets privilege (see March 9, 1953) was properly invoked by the US Justice Department. The judge argues that Masri’s “private interests must give way to the national interest in preserving state secrets.” [Washington Post, 5/19/2006]

Entity Tags: American Civil Liberties Union, Central Intelligence Agency, T.S. Ellis III, Khalid el-Masri

Timeline Tags: Torture of US Captives, Civil Liberties

The Bush administration submits a legal brief arguing that the Electronic Frontier Foundation’s lawsuit against AT&T, alleging that firm cooperated with the NSA’s domestic surveillance program (see January 31, 2006), should be thrown out of court because of the government’s “state secrets” privilege (see March 9, 1953). Justice Department lawyers want Judge Vaughn Walker to examine classified documents that they say will convince him to dismiss the lawsuit. However, the government does not want the defense lawyers to see that material. “No aspect of this case can be litigated without disclosing state secrets,” the government argues. “The United States has not lightly invoked the state secrets privilege, and the weighty reasons for asserting the privilege are apparent from the classified material submitted in support of its assertion.” [CNET News, 5/26/2006]

Entity Tags: US Department of Justice, Electronic Frontier Foundation, AT&T, Vaughn Walker, Bush administration (43)

Timeline Tags: Civil Liberties

Federal district court judge Anna Diggs Taylor rules that the NSA’s warrantless wiretapping program (see Early 2002) is unconstitutional and orders it ended. She amends her ruling to allow the program to continue while the Justice Department appeals her decision. The decision is a result of a lawsuit filed by the American Civil Liberties Union (ACLU) and other civil liberties groups. Taylor rules that the NSA program violates US citizens’ rights to privacy and free speech, the Constitutional separation of powers among the three branches of government, and the Foreign Intelligence Surveillance Act (see 1978). Taylor writes: “It was never the intent of the framers to give the president such unfettered control, particularly where his actions blatantly disregard the parameters clearly enumerated in the Bill of Rights. There are no hereditary Kings in America and no powers not created by the Constitution. So all ‘inherent powers’ must derive from that Constitution.” [Verdict in ACLU et al v. NSA et al, 8/17/2006 pdf file; Washington Post, 8/18/2006] The program “violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III,” Taylor writes, and adds, “[T]he president of the United States… has undisputedly violated the Fourth in failing to procure judicial orders.” [CNN, 8/17/2006]
Judge Lets One Portion Stand - Taylor rejects one part of the lawsuit that seeks information about the NSA’s data mining program (see October 2001), accepting the government’s argument that to allow that portion of the case to proceed would reveal state secrets (see March 9, 1953). Other lawsuits challenging the program are still pending. Some legal scholars regard Taylor’s decision as poorly reasoned: national security law specialist Bobby Chesney says: “Regardless of what your position is on the merits of the issue, there’s no question that it’s a poorly reasoned decision. The opinion kind of reads like an outline of possible grounds to strike down the program, without analysis to fill it in.” The White House and its Republican supporters quickly attack Taylor, who was appointed to the bench by then-President Jimmy Carter, as a “liberal judge” who is trying to advance the agenda of Congressional Democrats and “weaken national security.” For instance, Senator Mike DeWine (R-OH) says that halting the program “would hamper our ability to foil terrorist plots.” [Washington Post, 8/18/2006]
Democrats, Civil Libertarians Celebrate Ruling - But Democrats defend the ruling. For instance, Senator John Kerry (D-MA) says the ruling provides a much-needed check on the unfettered power of the Bush White House. “[N]o one is above the law,” says Kerry. [Washington Post, 8/18/2006] Lawyers for some of the other cases against the NSA and the Bush administration laud the decision as giving them vital legal backing for their own court proceedings. “We now have a ruling on the books that upholds what we’ve been saying all along: that this wiretapping program violates the Constitution,” says Kevin Bankston, who represents the Electronic Frontier Foundation (EFF) in its class-action case against AT&T for its role in the NSA’s surveillance program (see January 31, 2006). [Washington Post, 8/18/2006] Legal expert and liberal commentator Glenn Greenwald writes that Taylor’s ruling “does not, of course, prohibit eavesdropping on terrorists; it merely prohibits illegal eavesdropping in violation of FISA. Thus, even under the court’s order, the Bush administration is free to continue to do all the eavesdropping on terrorists it wants to do. It just has to cease doing so using its own secretive parameters, and instead do so with the oversight of the FISA court—just as all administrations have done since 1978, just as the law requires, and just as it did very recently when using surveillance with regard to the [British] terror plot. Eavesdropping on terrorists can continue in full force. But it must comply with the law.” Greenwald writes: “[T]he political significance of this decision cannot be denied. The first federal court ever to rule on the administration’s NSA program has ruled that it violates the constitutional rights of Americans in several respects, and that it violates criminal law. And in so holding, the court eloquently and powerfully rejected the Bush administration’s claims of unchecked executive power in the area of national security.” [Salon, 8/17/2006]
White House Refuses to Comply - The Bush administration refuses to comply with Taylor’s ruling, asserting that the program is indeed legal and a “vital tool” in the “war on terrorism.” It will quickly file an appeal, and law professors on both sides of the issue predict that Taylor’s ruling will be overturned. [Savage, 2007, pp. 206]
Lawsuit Ends with White House 'Compromise' - The lawsuit will end when the White House announces a “compromise” between the wiretapping program and FISC (see January 17, 2007).

Entity Tags: John Kerry, Kevin Bankston, Mike DeWine, US Department of Justice, Peter Hoekstra, Glenn Greenwald, National Security Agency, George W. Bush, James Earl “Jimmy” Carter, Jr., Foreign Intelligence Surveillance Act, Alberto R. Gonzales, American Civil Liberties Union, AT&T, Anna Diggs Taylor, Bush administration (43), Bobby Chesney, Foreign Intelligence Surveillance Court, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Richard Barlow, around 2007.Richard Barlow, around 2007. [Source: AP / Tim Kupsick]Following the Democratic victory in the midterm elections, Richard Barlow, an intelligence analyst who was repeatedly fired for correctly saying Pakistan had a nuclear weapons program (see 1981-1982, August 1987-1988, and August 4, 1989), again applies for compensation. He was previously awarded compensation, but did not receive it (see 1999-2001). Although Barlow hopes to get his $80,000 pension back as well, he comments: “But this final hearing cannot indict any of those who hounded me, or misshaped the intelligence product. And it is too late to contain the flow of doomsday technology that Pakistan unleashed on the world.” [Guardian, 10/13/2007] The outcome of his application is not known as of February 2008.

Entity Tags: Richard Barlow

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

Most of the lawsuits filed against the US government and against a number of private telecommunications firms alleging illegal wiretapping of US citizens and foreign organizations (see January 31, 2006) are hampered by what legal experts call a “Catch 22” process: lawyers for the Justice Department and for the firms that are alleged to have cooperated with the government in wiretapping citizens and organizations argue that the lawsuits have no merits because the plaintiffs cannot prove that they were direct victims of government surveillance. At the same time, the lawyers argue that the government cannot reveal if any individuals were or were not monitored because the “state secrets privilege” (see March 9, 1953) allows it to withhold information if it might damage national security. Lawyer Shayana Kadidal, who is representing the Center for Constitutional Rights in another lawsuit on behalf of Guantanamo Bay detainees, says, “The government’s line is that if you don’t have evidence of actual surveillance, you lose on standing.”
One Lawsuit Has Evidence of Surveillance - But the lawsuit filed by Saudi charitable organization the Al Haramain Islamic Foundation (see February 28, 2006) is different, because the plaintiffs have an actual classified US document that they say proves their allegations. Kadidal says that because of that document, “[T]his is the only one with evidence of actual surveillance” and therefore has a much stronger chance of going forward. The Justice Department will not confirm, or deny, if anyone from Al Haramain was monitored either under the Terrorist Surveillance Program or any other government operation, but plaintiff lawyer Jon Eisenberg tells a judge in July 2007: “We know how many times [my client has] been surveilled. There is nothing left for this court to do except hear oral arguments on the legality of the program.”
Extraordinary Measures to Keep Document 'Secure' - Though the Justice Department has repeatedly argued that the Treasury Department document at the heart of the case is harmless and unrelated to NSA surveillance, it is taking extraordinary measures to keep it secure—it is held under strict government seal and remains classified as top secret. Even the plaintiff’s lawyers are no longer allowed to see the document, and have been forced to file briefs with the court based on their memories of the document. [Wired News, 3/5/2007]
Expert: Government Cannot Stop Case - The government probably does not have enough to derail the Al Haramain case, according to law professor Curtis Bradley. In August 2007, Bradley observes, “The biggest obstacle this litigation has faced is the problem showing someone was actually subjected to surveillance,” but the lawsuit “has a very good chance to proceed farther than the other cases because it’s impossible for the government to erase [the lawyers’] memories of the document.” [Associated Press, 8/5/2007]

Entity Tags: US Department of Justice, Terrorist Surveillance Program, Shayana Kadidal, Jon Eisenberg, Curtis Bradley, Al Haramain Islamic Foundation (Oregon branch), National Security Agency, Center for Constitutional Rights

Timeline Tags: Civil Liberties

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