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

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

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

After becoming unhappy with the quality of information it is receiving from the CIA about detainee interrogations (see Summer 2003), the 9/11 Commission not only gives the CIA more questions for detainees, but also asks it how the interrogations are carried out. The Commission thinks the second set of questions is the most important, but the CIA only responds to them in a vague manner. They concern the translation process in the interrogations, the interrogators’ background, the way the interrogators handle inconsistencies in the detainees’ stories, the particular questions that were asked to elicit reported information, the way interrogators followed up on certain lines of questioning, the context of the interrogations so the Commission can assess the credibility and demeanor of the detainees when they made the reported statements, and the interrogators’ views or assessments. According to a later account by Commission chairman Tom Kean and vice-chairman Lee Hamilton, CIA general counsel Scott Muller writes back with “non-specific replies.” Muller also fails to inform the Commission that the CIA has videotapes of some of the interrogations (see Summer 2003-January 2004). Because the Commission is “not satisfied” with Muller’s response, it pushes for direct access to detainees, but this attempt fails (see November 5, 2003-January 2004 and After January 2004). [New York Times, 1/2/2008]

Entity Tags: Lee Hamilton, 9/11 Commission, Central Intelligence Agency, Scott Muller, Thomas Kean

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

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Events Leading to Iraq Invasion

The 9/11 Commission issues it first subpoena, to the Federal Aviation Administration (FAA). The Commission had initially decided not to issue subpoenas (see January 27, 2003), but found that the FAA had withheld documentation from it (see August 2003 and September 2003), prompting it to take this step.
Request from Team Leader - The subpoena’s issue is the result of a request from John Farmer, leader of the Commission’s team investigating the day of the attacks. After receiving permission from the Commission’s chairman and lawyer, Tom Kean and Daniel Marcus, to address the full Commission, Farmer tells them: “My team and I have lost confidence in the FAA. We do not believe we have time to take any more chances on the possibility that they will act on good faith.” This leaves them with “no choice other than a subpoena.”
Debate inside Commission - Some of the Democratic commissioners, such as Jamie Gorelick, then claim that this is a reason to subpoena all documents the Commission wants. However Kean and Vice Chairman Lee Hamilton are against this. Republican Slade Gorton proposes a compromise where the Commission subpoenas the FAA, but only issues a warning to other agencies that are not producing the documents the Commission wants. [Shenon, 2008, pp. 202-203] The Commission approves the subpoena unanimously. The Commission comments publicly, saying, “This disturbing development at one agency has led the Commission to reexamine its general policy of relying on document requests rather than subpoenas.” [Associated Press, 10/15/2003] It also warns other agencies that “document requests must be taken as seriously as a subpoena.” [Shenon, 2008, pp. 203]

Entity Tags: Federal Aviation Administration, Daniel Marcus, 9/11 Commission, Thomas Kean, Lee Hamilton, John Farmer, Slade Gorton, Jamie Gorelick

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A new audiotape thought to contain a message from Osama bin Laden is broadcast by Al Jazeera. On the 31-minute tape the speaker says that the US occupation of Iraq, a “new Crusader campaign against the Islamic world,” is bogged down in the “quagmires of the Tigris and Euphrates” and suffering mounting casualties from guerrillas. He also compares supporters in Iraq to great Muslim warriors of the past and forbids them from working with the Ba’ath party. After describing democracy as “the religion of ignorance,” he addresses the question of Palestine, and attacks the “road map” for peace between Israel and Palestine as well as Palestinian leader Mahmoud Abbas, saying he is similar to Afghani President Hamid Karzai. He highlights US financial losses and budget deficits after 9/11, and would also apparently like to fight in Iraq: “God knows, if I could find a way to get to your battlefields, I would not hesitate.” [Associated Press, 10/19/2003; Laden, 2005, pp. 207-211] He also says, “We reserve the right to respond at the opportune moment and place against all of the countries participating in this unjust war, in particular: Great Britain, Spain, Australia, Poland, Japan, and Italy.” [Irujo, 2005, pp. 257] Bin Laden had not specially threatened Spain in any previous speeches. According to a Spanish investigator, the Madrid al-Qaeda cell hears the speech, notices this, and begins planning an attack in Spain the next day. This will result in the Madrid train bombings only five months later (see 7:37-7:42 a.m., March 11, 2004). [Benjamin and Simon, 2005, pp. 10] However, some evidence suggests the cell was already planning a bombing from about late 2002. [Associated Press, 4/10/2004]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Prosecutor Patrick Fitzgerald testifies before the Senate Committee on the Judiciary about post-9/11 legislative changes, and says that the removal of the “wall” was a significant step forward for US counterintelligence. The wall was a set of procedures which regulated the passage of intelligence information within the FBI and from the FBI to prosecutors (see July 19, 1995). Fitzgerald says the removal of the wall represented “the single greatest change that could be made to protect our country.” He cites four cases that he says are examples of how the wall and other such obstacles have hampered counterterrorism efforts:
bullet The arrest of Ali Mohamed. Fitzgerald claims it would have been “far less difficult” to arrest al-Qaeda operative Ali Mohamed for his involvement in the attacks on US embassies in East Africa (see September 10, 1998) had it not been for the wall. [US Congress, 10/21/2003] However, author Peter Lance will point out, “But Fitzgerald neglected to tell the senators that… prosecutors and FBI agents had been monitoring the bombing cell members for two years or that they’d had multiple face-to-face meetings with Mohamed himself.” Mohamed, who was called a “key figure” in the Day of Terror plot in the US press in early 1995 (see February 3, 1995), had actually met Fitzgerald a year before the arrest and told him that he had trained bin Laden’s bodyguards, lived in bin Laden’s house, loved and believed in bin Laden, and that he didn’t need a fatwa to attack the US, as it was obvious the US was the enemy (see After October 1997). [Lance, 2006, pp. 274-6, 299-300]
bullet The Day of Terror conspiracy. After the partial success of the World Trade Center bombing (see February 26, 1993), the conspirators planned to attack other targets in New York, but were arrested by the FBI, which had penetrated their cell. All of the arrested plotters were successfully convicted. However, Fitzgerald tells the committee, “Prosecutors were in the dark about the details of the plot until very late in the day.” [US Congress, 10/21/2003; Lance, 2006, pp. 118-9]
bullet The Millennium Alert. Fitzgerald says that in 1999, investigations into suspected millennium plots were hampered because “criminal prosecutors received information only in part and with lag time so as not to breach the wall.” All attacks planned for the millennium failed, including one plot to bomb the Los Angeles airport (see December 31, 1999-January 1, 2000).
bullet Sharing Wadih El-Hage’s grand jury interview. In 1997, Al-Qaeda operative El-Hage provided information about bin Laden and his associates to a grand jury. Fitzgerald wanted to pass some of this information along to intelligence investigators (see September 24, 1997) but was unable to because grand jury information cannot be shared with intelligence investigators. To get around this restriction, an FBI agent had to get El-Hage to repeat the information outside the grand jury room. (Note: this example is not directly related to the “wall” under the Foreign Intelligence Surveillance Act, but rather to a similar obstacle governing the passage of information in the opposite direction—from criminal agents to intelligence agents). [US Congress, 10/21/2003]

Entity Tags: Senate Judiciary Committee, Patrick J. Fitzgerald, Federal Bureau of Investigation, Ali Mohamed, Foreign Intelligence Surveillance Act, Peter Lance

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Omar Bakarbashat is quietly deported to Yemen after spending two years in US prisons. Bakarbashat, a Yemeni citizen, was arrested shortly after 9/11 and held as a material witness. He knew and worked with 9/11 hijacker Nawaf Alhazmi at a gas station (see Autumn 2000). He was eventually charged with an immigration violation. He pled guilty to creating phony immigration documents and a Social Security card, and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. But after two years in prison, he gives up and agrees to be deported. According to his lawyer, he is interrogated and briefly jailed in Yemen, and then is let go. After that, he moves to Saudi Arabia. [San Diego Union-Tribune, 5/26/2004] It has been claimed that one day before the 9/11 attacks, Bakarbashat and others appeared to be celebrating the upcoming attacks (see Late August-September 10, 2001).

Entity Tags: Nawaf Alhazmi, Omar Bakarbashat

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A CIA officer known only as “Albert” is reprimanded by the agency for threatening detained al-Qaeda leader Abd al-Rahim al-Nashiri with a gun and drill. The incidents took place at a CIA black site in Poland in December 2002 or January 2003 (see Between December 28, 2002 and January 1, 2003) and Albert’s actions were approved by his supervisor, “Mike,” who is also reprimanded. [Associated Press, 9/7/2010] The timing of the reprimand is unknown, although it may follow the completion of a report into the matter by the CIA’s inspector general (see October 29, 2003). Both Mike and Albert leave the agency, although Albert will later be rehired as a contractor (see 2003 and Before 2008).

Entity Tags: “Albert”, Central Intelligence Agency, “Mike”

Timeline Tags: Torture of US Captives

Muhammad Bashmilah.Muhammad Bashmilah. [Source: Public domain via Raw Story]Muhammad Bashmilah, a Yemeni detained in Jordan and then moved to a CIA prison in Afghanistan, will later say that he sees cameras in the prison. He will describe to his lawyer cameras both in his cells and in interrogation rooms, some on tripods and some on the wall. [New York Times, 12/11/2007] This claim contrasts with a later statement by the CIA saying that it stopped recording detainee interrogations in late 2002 (see Spring-Late 2002).

Entity Tags: Central Intelligence Agency, Muhammad Bashmilah

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

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

The 9/11 Commission votes to issue a subpoena on the Defense Department for documents withheld from it regarding the fighter response on the day of the attacks. The vote follows a demand from the Commission’s team investigating the air defense that it be issued, as the military has been withholding documents and making false statements (see Late October 2003), as well as the failure of last-ditch attempts to stop the subpoena’s issue (see (Late October-Early November 2003) and November 5, 2003).
Chairman Kean Has Decisive Vote - The four ordinary Democratic commissioners vote for the subpoena’s issue, but Democratic Vice Chairman Lee Hamilton votes against, together with three ordinary Republican commissioners. The fourth Republican commissioner, Slade Gorton, votes for the subpoena. This means that Tom Kean, the Commission’s Republican chairman, has the deciding vote, and he votes for the subpoena. He dislikes voting against Hamilton, but thinks NORAD is trying to hide something. [Shenon, 2008, pp. 207-208]
'Especially Dismayed' - In a statement issued after the vote, the Commission says it is “especially dismayed” by incomplete document production on the part of NORAD. The Commission explains, “In several cases we were assured that all requested records had been produced, but we then discovered, through investigation, that these assurances were mistaken.” [Associated Press, 11/7/2003]
Documents Expose Apparent False Statements by NORAD - When the documents arrive, according to author Philip Shenon, they show that “NORAD’s public statements about its actions on 9/11 had been wrong, almost certainly intentionally.” Based on interviews of 9/11 Commission staffers, Shenon will add: “This was not the fog of war. This was the military trying to come up with a story that made its performance during 9/11 look reasonably competent, when in fact the military had effectively left the nation’s skies undefended that morning.” In particular, tape recordings of communications at NORAD’s Northeast Air Defense Sector (NEADS) indicate that the military did not know of the hijacking of Flight 93 until it had crashed. 9/11 Commission team leader John Farmer will even say that it is “99 percent” certain that Pentagon officers knew they were lying when they made statements to the Commission, sometimes under oath. [Shenon, 2008, pp. 208]

Entity Tags: Slade Gorton, Thomas Kean, US Department of Defense, Philip Shenon, Lee Hamilton, 9/11 Commission, John Farmer, North American Aerospace Defense Command

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. Top: the seven detainees are forced to form a human pyramid. Charles Graner and Sabrina Harman stand behind them smiling and giving thumbs up signs. Bottom: Some of the same detainees are forced to simulate oral sex on each other. [Source: Public domain]At Abu Ghraib, seven Iraqi detainees are brought to Cellblock 1A from one of the tent camps escorted by MPs. The seven Iraqis are suspected of having taken part in a fight. They include Nori al-Yasseri, Hussein Mohssein Mata al-Zayiadi, and four others known only by their first names: Haidar, Ahmed, Ahzem, Hashiem and Mustafa. [Washington Post, 5/21/2004; US Department of Defense, 8/23/2004 pdf file] They are repeatedly punched and attacked by Staff Sgt. Ivan L. Frederick, Spc. Charles Graner, and other MPs (see Evening November 7, 2003). The MPs then take out their cameras to take pictures of the seven naked men and begin putting them in humiliating poses, often placing themselves in the picture as well, smiling. Graner makes them climb on top of each other to form a human pyramid, as is reported by Spc. Sabrina Harman. [Washington Post, 5/22/2004; Rolling Stone, 7/28/2004] “They put us two on the bottom, two on top of them, and two on top of those and on top,” Al-Zayiadi will say. [Washington Post, 5/21/2004] “The pyramid lasted about 15 to 20 minutes,” according to Harman. [Washington Post, 5/22/2004] The prisoners are also made to crawl on hands and knees with MPs riding on their backs. [Rolling Stone, 7/28/2004] “They were sitting on our backs like riding animals,” Al-Zayiadi says. Meanwhile, others are taking photographs. [Washington Post, 5/21/2004] Frederick then takes hold of the prisoner whom he has singled out for additional punishment and motions him to masturbate. “I grabbed his arm by the elbow, put it on his genitals and moved it back and forth with an arm motion, and he did it.” [Los Angeles Times, 10/21/2004] He makes another detainee do the same. “I lifted his hood and gave him a hand gesture, telling him to keep doing it himself.” [New York Times, 10/21/2004] Spc. Matthew Wisdom, who complained to his team leader Sgt. Robert Jones earlier in the evening about the treatment of the detainees, returns to Tier 1A to find a naked detainee being forced to masturbate in front of another naked detainee on his knees before him. “I saw two naked detainees,” Wisdom will later recall, “one masturbating to another kneeling with its mouth open. I thought I should just get out of there. I didn’t think it was right.” [New Yorker, 5/10/2004] According to Wisdom, Frederick says to him: “Look what these animals do when we leave them alone for two seconds.” [New Yorker, 5/10/2004; Los Angeles Times, 8/5/2004] Meanwhile, Pfc. Lynndie England makes sexually suggestive comments “in a somewhat sarcastic, fun tone of voice,” according to Wisdom. [Los Angeles Times, 8/5/2004] “I heard Pfc. England shout out, ‘He’s getting hard.’” [New Yorker, 5/10/2004] Again Wisdom leaves the building to tell Sgt. Jones, who assures him the “problem [will] be addressed and dealt with,” [Los Angeles Times, 8/5/2004] and Wisdom assumes that the problem will be taken care of. [New Yorker, 5/10/2004] Others, meanwhile, are lined up and forced to masturbate. These facts are corroborated by photographs that show the MPs laughing as they look on. [Rolling Stone, 7/28/2004] Al-Zayiadi later identifies himself in one of these pictures. “They told my friend to masturbate and told me to masturbate also, while they were taking pictures,” he says. [Washington Post, 5/21/2004] In the end, Al-Zayiadi says they are tossed naked but still hooded into a cell. “They opened the water in the cell and told us to lay face down in the water and we stayed like that until the morning, in the water, naked, without clothes.” [Washington Post, 5/21/2004] One of the seven prisoners is likely Haydar Sabbar Abed who says he was originally arrested for not carrying his ID card. After being involved in a fight with an Iraqi prison employee in one of the tent camps, he is taken to the Hard Site. He later recalls: “They cut off our clothes and… told us to masturbate towards this female soldier. But we didn’t agree to do it, so they beat us.” He also says: “They made us act like dogs, putting leashes around our necks. They’d whistle and we’d have to bark like dogs. We thought they were going to kill us.” [BBC, 8/4/2004] The next day, Wisdom asks for and is granted a transfer to a job elsewhere in the prison. Although he and Sgt. Jones say they have been angered by the abuse, they do little more than mildly confront their colleagues with their objections. [Los Angeles Times, 8/5/2004] To the detainees, the experience has been harrowing. Al-Yasseri will later call it a “night which we felt like 1,000 nights.” “I was trying to kill myself,” says Al-Zayiadi, “but I didn’t have any way of doing it.” [Rolling Stone, 7/28/2004] Gen. George Fay will also describe these incidents in his report (see August 25, 2004), which he concludes was an the affair of MPs alone. He states that military intelligence “involvement in this abuse has not been alleged nor is it likely.” However, one of the pictures taken that night, depicting the “human pyramid,” is later used as a screen saver for a computer in the Hard Site. The screen saver is later seen by a female military intelligence interrogator, but she states, according to Gen. Fay, that she did not report the picture because she did not see it again. The same interrogator, Fay will report, had a “close personal relationship” with Staff Sgt. Frederick, [US Department of Defense, 8/23/2004 pdf file] one of the main instigators of the abuse that night.

Entity Tags: Javal Davis, Ivan L. Frederick II, Jeremy C. Sivits, Matthew Wisdom, Shannon K. Snider, Hussein Mohssein Mata Al-Zayiadi, Lynndie England, Nori al-Yasseri, Mustafa, Haydar Sabbar Abed, George R. Fay, Haidar, New Yorker, Hashiem, Ahmed, Charles Graner, Ahzem, Sabrina Harman, Robert Jones II

Timeline Tags: Torture of US Captives

The 9/11 Commission suspects that the CIA is using harsh techniques on high-ranking al-Qaeda detainees who are being interviewed about the 9/11 plot. The commission does not interview the detainees itself, but submits questions to the CIA, and the CIA then puts them to the detainees. However, commission staffers will later be reported to have “guessed” that harsh techniques are being used, and are worried these techniques affect the detainees’ credibility. Executive Director Philip Zelikow will later say, “We were not aware, but we guessed, that things like that were going on.” According to senior US intelligence officials, the detainees used as sources by the 9/11 Commission are “subjected to the harshest of the CIA’s methods,” including “physical and mental abuse, exposure to extreme heat and cold, sleep deprivation and waterboarding.” [MSNBC, 1/30/2008] One of the detainees, alleged 9/11 mastermind Khalid Shaikh Mohammed, whose interrogations are mentioned hundreds of times in the report (see After January 2004), was extensively waterboarded (see Shortly After February 29 or March 1, 2003), and a CIA manager will say that up to 90% of the information he provides under questioning is unreliable (see August 6, 2007).

Entity Tags: Central Intelligence Agency, 9/11 Commission, Philip Zelikow, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Musharraf’s car damaged in one of the  assassination attempts.President Musharraf’s car damaged in one of the assassination attempts. [Source: Mian Khursheed / Reuters]On December 14, 2003, Pakistani President Pervez Musharraf survives an assassination attempt when a powerful bomb goes off 30 seconds after his highly-guarded convoy crosses a bridge in Rawalpindi, Pakistan. The heavily guarded bridge is just a mile from Musharraf’s house, yet militants were able to spend severals days tying explosives to the pylons below it. His life is saved by a jamming device in his car given to him by the FBI, which temporarily jams all telephone signals and thus delays the explosion. On December 25, 2003, two suicide bombers launch another attempt to assassinate Musharraf, driving car bombs into his convoy a short distance from the location of the previous attack. Their car bombs fail to kill him and he escapes with only a cracked windscreen on his car, but 16 others nearby are killed.
Investigation - The identities of the two suicide bombers are soon discovered. One is Mohammed Jamil, a member of the Jaish-e-Mohammed (JEM) militant group who fought with the Taliban. The other is Hazir Sultan, who also fought with the Taliban. The memory chip from Jamil’s phone is found in the debris, and it is discovered he talked to a policeman who told him the timing of Musharraf’s convoy. Only a handful of military officers knew the route and timing of Musharraf’s travels and which of several identical cars he would be using at any given time, suggesting that elements within the military were involved in the attacks. Investigators also discover that the explosives used in the attacks came from an al-Qaeda camp in the Pakistani tribal area of South Waziristan. [Rashid, 2008, pp. 230-232]
Militant Leaders against Musharraf - Osama bin Laden apparently called for Musharraf’s overthrow in October 2002 (see October 9, 2002), and Ayman al-Zawahiri apparently did the same in September 2003 (see September 28, 2003). In the months prior to the assassination attempts, Maulana Masood Azhar, head of JEM, gave a speech at a prominent mosque calling for Musharraf’s assassination. [BBC, 7/27/2007]
Limited Crackdown - Musharraf responds by reshuffling positions in the military high command. More than 150 military and security personnel will eventually be arrested and interrogated. Twelve suspects are eventually found guilty and sentenced to death for roles in the attacks; at least six are military officers. It is believed the suicide bombers and these officers were recruited and trained by Amjad Farooqi, a JEM leader also closely linked to al-Qaeda and the Taliban. Al-Qaeda leader Abu Faraj al-Libbi, said to be Farooqi’s superior, is also allegedly involved. A massive manhunt for Farooqi and al-Libbi will ensue. Farooqi will eventually be killed in September 2004 (see September 27, 2004) and al-Libbi captured in May 2005 and taken into US custody (see May 2, 2005). However, Musharraf’s response is relatively restrained. He avoids calls to launch a crackdown on the entire Islamist militant movement in Pakistan. He does not ban any militant groups, nor does he arrest militant leaders, not even Azhar, the head of JEM who had publicly called for his assassination. (JEM had been banned in Pakistan for a second time the month before (see November 2003).) He does allow the Pakistani Army to attack the safe haven of South Waziristan several months later, but only after the US gives him an ultimatum, essentially forcing him to do so (see March 18- April 24, 2004). [BBC, 9/27/2004; Rashid, 2008, pp. 230-232]

Entity Tags: Mohammed Jamil, Maulana Masood Azhar, Pervez Musharraf, Osama bin Laden, Ayman al-Zawahiri, Hazir Sultan, Abu Faraj al-Libbi, Jaish-e-Mohammed, Al-Qaeda, Amjad Farooqi

Timeline Tags: Complete 911 Timeline

A United Nations report criticizes Switzerland for failing to prevent support from reaching al-Qaeda and the Taliban. UN observers claim there is weapons smuggling passing through Switzerland to Afghanistan. The report further claims that the leaders of the banned Al Taqwa Bank (see November 7, 2001) are continuing to do business with new and renamed financial entities. They continue to maintain commercial interests and properties in Italy and Switzerland, despite being on US and UN blacklists. Switzerland is also failing to enforce travel bans. For instance, Al Taqwa leader Youssef Nada was able to travel through Switzerland to Liechtenstein and back in January 2003. [Swissinfo, 12/16/2003] Salon noted in 2002 that, for many years, Al Taqwa has benefited from political connections in Switzerland. Al Taqwa directors have ties to some European far right wing politicians such as French politician Jean-Marie Le Pen, and even neo-Nazi groups (see 1988). [San Francisco Chronicle, 3/12/2002; Salon, 3/15/2002] Newsweek will later report that in 2004, the UN will not convince its members to plug loopholes in the sanctions against Al Taqwa related entities. Instead, the UN Security Council will abolish its own monitoring group. [Newsweek, 3/3/2004; Newsweek, 12/24/2004] In late 2004, the Washington Post will report that although Al Taqwa “was supposedly shut down, US and European officials say they still find Nada moving funds under new corporate names.” [Washington Post, 9/11/2004] Additional reports of entities connected to Al Taqwa directors continuing to do business will appear in 2005 (see June-October 2005).

Entity Tags: Switzerland, Taliban, Youssef Nada, Al-Qaeda, United Nations, Al Taqwa Bank

Timeline Tags: Complete 911 Timeline

9/11 Commission staffer Lorry Fenner.9/11 Commission staffer Lorry Fenner. [Source: Public domain]9/11 Commission staffer Lorry Fenner, who is reading through NSA material related to al-Qaeda on her own initiative (see January 2004), finds material possibly linking Iran and Hezbollah to al-Qaeda. [Shenon, 2008, pp. 157, 370-1] The material indicates that between eight and ten of the future hijackers traveled between Saudi Arabia, Afghanistan, and other destinations via Iran. For example, in November 2000, one of the hijackers, Ahmed Alghamdi, took the same flight as a senior Hezbollah official (see November 2000), although the 9/11 Commission report will say this may be a “coincidence.” An associate of a senior Hezbollah operative took the same flight as another three of the hijackers in November 2000, and Hezbollah officials were expecting an undefined group to arrive at the same time. However, the hijackers’ families will say they were in Saudi Arabia at this time (see Mid-November, 2000). Based on information such as this, the commission will conclude that Iran helped al-Qaeda operatives transit Iran by not stamping their passports, but that neither it nor Hezbollah had any knowledge of the 9/11 plot. Under interrogation, detainees Khalid Shaikh Mohammed and Ramzi bin al-Shibh say that some of the hijackers did transit Iran, but that they had no assistance from the Iranian authorities. However, such statements were apparently made after they were tortured, bringing their reliability into question (see June 16, 2004 and August 6, 2007). [9/11 Commission, 7/24/2004, pp. 240-1] The NSA intelligence reports the information about Iranian and Hezbollah is based on were mostly drafted between October and December 2001, so it is possible that the NSA was monitoring Hezbollah in 2000 and then matched up travel by that organization’s operatives with the 9/11 hijackers’ travel, ascertained from airlines, for example, after 9/11. One of the reports, entitled “operative’s claimed identification of photos of two Sept. 11 hijackers,” is dated August 9, 2002. It is unclear who the operative is or how he allegedly came into contact with the alleged 9/11 hijackers. [9/11 Commission, 7/24/2004, pp. 529]

Entity Tags: National Security Agency, Lorry Fenner, Ramzi bin al-Shibh, Hezbollah, Khalid Shaikh Mohammed, Iran, 9/11 Commission

Timeline Tags: Complete 911 Timeline

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

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011.Satellite imagery of Bin Laden’s Abbottabad compound in 2004 and 2011. [Source: U.S. Defense Department]Osama bin Laden’s trusted courier Ibrahim Saeed Ahmed moves to Abbottabad, Pakistan, and buys up land there that will be used for a hideout for bin Laden. Ahmed, who is using a variety of aliases, moves to the town with his brother Abrar, who is also assisting bin Laden. A Pakistani government official will later say that a plot of land in Abbottabad is bought by a man named Mohammad Arshad on January 22, 2004. A forged national identity card and incorrect address is used. In fact, “Mohammad Arshad” is one of the aliases used by Ahmed. That, along with the related name “Arshad Khan,” is the name Abbottabad neighbors will know him by in future years. [Dawn (Karachi), 5/7/2011] Property records obtained by the Associated Press show that “Arshad” buys two more plots of land in November 2004. The seller will later say that he does not meet Arshad in person, but deals with him through a middle man. A doctor sells another plot of land to “Arshad” in 2005. This doctor will later say that he does meet “Arshad” in person during the transaction. The plots are combined so a walled compound can be built that is much larger than other homes in the neighborhood. The doctor will occasionally see “Arshad” after that, and at one point the doctor will be cryptically told by him that the land he sold is now very valuable. [Associated Press, 5/4/2011] Locals will later say that construction on the compound begins in 2005. By late 2005 or the start of 2006, the construction is done and bin Laden will move into the compound with some of his family (see Late 2005-Early 2006). The courier Ahmed (who uses the named “Arshad”), his brother, and their families will live there too. [New York Times, 5/3/2011; Associated Press, 5/4/2011] In March 2011, a US strike force will assault the compound and kill bin Laden (see May 2, 2011).

Entity Tags: Ibrahim Saeed Ahmed, Osama bin Laden

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Al-Qaeda leader Hassan Ghul is caught at the Iraq-Iran border. Details are sketchy, both about the arrest and Ghul himself, who has never been publicly mentioned before. Several days later, President Bush will say: “[L]ast week we made further progress in making America more secure when a fellow named Hassan Ghul was captured in Iraq. [He] reported directly to [9/11 mastermind] Khalid Shaikh Mohammed.… He was captured in Iraq, where he was helping al-Qaeda to put pressure on our troops.” [Washington Post, 1/27/2004] Ghul had been living in Pakistan, but the Pakistani government refused to arrest him, apparently because he was linked to a Pakistani military group supported by Pakistani intelligence (see (2002-January 23, 2004)). Pakistan is reportedly furious when it is told he has been arrested in Iraq. [Associated Press, 6/15/2011] US officials point to his arrest as proof that al-Qaeda is heavily involved in the resistance in Iraq. One official says that Ghul was “definitely in Iraq to promote an al-Qaeda, Islamic extremist agenda.” [Fox News, 1/24/2004] The 9/11 Commission will later claim: “Hassan Ghul was an important al-Qaeda travel facilitator who worked with [al-Qaeda leader] Abu Zubaida assisting Arab fighters traveling to Afghanistan. In 1999, Ghul and Zubaida opened a safe house under the cover of an import/export business in Islamabad [Pakistan]. In addition, at Zubaida’s request, Ghul also successfully raised money in Saudi Arabia.” [9/11 Commission, 8/21/2004, pp. 64 pdf file] But despite acknowledgment from Bush that Ghul is in US custody, Ghul subsequently completely disappears, becoming a “ghost detainee.” Apparently, he will provide vital intelligence during US interrogation (see Shortly After January 23, 2004). The US will eventually transfer Ghul to Pakistani custody (see (Mid-2006)), and Pakistan will release him, allowing him to rejoin al-Qaeda (see (Mid-2007)).

Entity Tags: Khalid Shaikh Mohammed, Hassan Ghul, Abu Zubaida, George W. Bush

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Following its failure to get direct access to high-ranking al-Qaeda detainees (see October 2003 and November 5, 2003-January 2004), the 9/11 Commission has the CIA ask the detainees more questions about how the plot developed. This is a second round of questions from the Commission, which was dissatisfied with the answers produced by the first round. According to CIA and 9/11 Commission staffers, as well as an MSNBC analysis in 2008, this second round is “specifically to answer new questions from the Commission.” Analysis of the 9/11 Commission report indicates this second round includes more than 30 separate interrogation sessions. Based on the number of references attributed to each of the sessions, they appear to have been “lengthy.” The Commission is aware that the detainees are being harshly treated (see Late 2003-2004), but it is unclear whether they are further tortured during these additional sessions. The CIA is still using some or all of its “enhanced techniques” at this time (see Shortly After April 28, 2004-February 2005). [MSNBC, 1/30/2008]

Entity Tags: 9/11 Commission, Central Intelligence Agency, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Spanish judge Baltasar Garzon renews permission to wiretap the phones of Serhane Abdelmajid Fakhet, considered to be one of about three masterminds of the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) that will occur one month later. Interestingly, in the application for renewal, Fakhet is linked to the Casablanca bombings of May 2003 (see May 16, 2003). His brother-in-law Mustapha Maymouni was arrested in Morocco and is being imprisoned there for a role in the bombings at this time (see Late May-June 19, 2003). Fakhet is also linked in the application to Zouhaier ben Mohamed Nagaaoui, a Tunisian believed to be on the Spanish island of Ibiza and preparing for a suicide attack on a ship, following instructions from al-Qaeda. Nagaaoui is also said to be linked to the Casablanca bombings. Further, he has links to a number of Islamist militant groups and had undergone weapons and explosives training. [El Mundo (Madrid), 7/30/2005] Around the same time, Garzon also renews the wiretapping of some other Madrid bombers such as Jamal Zougam. [El Mundo (Madrid), 9/28/2004] It is not known what later becomes of Nagaaoui.

Entity Tags: Serhane Abdelmajid Fakhet, Baltasar Garzon, Mustapha Maymouni, Zouhaier ben Mohamed Nagaaoui, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco.Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]

Entity Tags: US Department of State, Bush administration (43), Germany, Abdelghani Mzoudi, Kay Nehm, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline

Sibel Edmonds testifies before the 9/11 Commission in a specially constructed “bug-proof” secure room for three and a half hours, describing in detail problems she witnessed while working as an FBI linguist (see, e.g., September 20, 2001 and After, (After September 14, 2001-October 2001), Early October 2001, (Late October 2001), (November 2001), and December 2, 2001). A month later, she tells the Independent: “I gave [the commission] details of specific investigation files, the specific dates, specific target information, specific managers in charge of the investigation. I gave them everything so that they could go back and follow up. This is not hearsay. These are things that are documented. These things can be established very easily.… There was general information about the time-frame, about methods to be used but not specifically about how they would be used and about people being in place and who was ordering these sorts of terror attacks. There were other cities that were mentioned. Major cities with skyscrapers (see April 2001).” [Independent, 4/2/2004] In its final report (see July 22, 2004), the 9/11 Commission will make no mention of the problems Edmonds witnessed with the FBI’s translation unit, save for a single footnote. [9/11 Commission, 7/24/2004, pp. 222; Edmonds, 8/1/2004] One month earlier, a reporter had asked one of the Democratic commissioners about the Edmonds case, and he replied, “It sounds like it’s too deep in the weeds for us to consider, we’re looking at broader issues.” [New York Observer, 1/22/2004]

Entity Tags: 9/11 Commission, Sibel Edmonds

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

Entity Tags: Paul Butler

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Complete 911 Timeline

The FBI orders an internal review of its files to determine whether documents related to the 1995 Oklahoma City bombing case were improperly withheld from investigators or defense lawyers. Bombing conspirator Terry Nichols, already convicted on federal charges related to the case and serving a life sentence (see June 4, 1998), faces 161 counts of first-degree murder in an upcoming trial in McAlester, Oklahoma (see May 13, 2003). Recent press reports have raised new questions as to whether Nichols’s co-conspirator, bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001), had more accomplices than just Nichols. An Associated Press report says that documents not introduced at McVeigh’s trial (see June 2, 1997) indicated that FBI agents had destroyed evidence and failed to share other information that indicated McVeigh was part of a larger group of white supremacists who may have helped him carry out the bombing (see (April 1) - April 18, 1995). McVeigh had murky ties with a group called the Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and perhaps took part in bank robberies the group carried out. Moreover, ARA members possessed explosive blasting caps similar to those McVeigh used in the bomb; additionally, a driver’s license in the name of an alias used by Roger Moore, a man robbed by Nichols as part of an attempt to finance the bombing (see November 5, 1994), was later found in the possession of ARA member Richard Guthrie. Law enforcement officials continue to insist that no evidence exists of any larger conspiracy involving anyone other than Nichols and McVeigh, and the FBI’s internal review is motivated by nothing more than “an abundance of caution.” A government official says: “If there’s information out there, that needs to be looked at. This will be a document review to ascertain whether there are documents that were relative to the investigation and that should have been reviewed during the investigation or the prosecution.” If additional records are identified, the Justice Department will determine whether records were improperly withheld from defense lawyers in the case, the official says. The FBI had to conduct a similar document review just days before McVeigh’s 2001 execution after the Justice Department disclosed that the bureau had not turned over thousands of pages of interview reports and other material to McVeigh’s lawyers (see May 10-11, 2001). [New York Times, 2/27/2004; New York Times, 3/16/2004] Also, former television reporter Jayna Davis says she has unearthed ties between McVeigh, Nichols, and Iraqi soldiers operating undercover in the US; Davis has said the FBI refused to act on her information, and has accused the agency of a cover-up (see March 20, 2001). Retired FBI agent David Cid, who worked on the original case, calls Davis’s allegations absurd. “What possible motive would we have to conceal a Middle Eastern link?” he asks. “That was our immediate first assumption anyway” (see 10:00 a.m. April 19, 1995 and After). The presiding judge in the case, District Court Judge Steven Taylor, will conduct a hearing after the FBI’s announcement, but Nichols’s trial will not be delayed. [New York Times, 2/29/2004]

Entity Tags: Richard Guthrie, Aryan Republican Army, David Cid, Jayna Davis, Terry Lynn Nichols, Roger E. (“Bob”) Moore, US Department of Justice, Federal Bureau of Investigation, Steven W. Taylor, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

Jamal Ahmidan is a member of the Islamist militant cell who has arranged to buy the explosives for the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). He is also a drug dealer, and is purchasing the explosives from Emilio Suarez Trashorras and some others who are generally both drug dealers and government informants. His phone is being monitored by Spanish intelligence. On February 28, he calls Othman El Gnaoui, another member of the militant cell, and says that he will need a van to transport something. The next day, Ahmidan is in the Spanish region of Asturias to help pick up the over 100 kilograms of explosives used in the bombings. He drives a stolen white Toyota Corolla and travels with a Renault Kangoo van and a Volkswagen Golf. Trashorras and Mohammed Oulad Akcha (another member of the militant cell) drive the other vehicles. The three vehicles drive the explosives to Madrid in what will later be popularly dubbed the “caravan of death.” Ahmidan makes about 15 calls on his monitored phone during the several hour journey, many of them to El Gnaoui. While he does not explicitly talk on the phone about moving explosives, he does make clear to El Gnaoui that he and two other vehicles are moving something to Madrid. He is stopped for speeding along the way by police, but the trunk of his car is not checked. He gives the police officer a false identification. [El Mundo (Madrid), 8/23/2004]

Entity Tags: Othman El Gnaoui, Jamal Ahmidan, Emilio Suarez Trashorras, Mohammed Oulad Akcha

Timeline Tags: Complete 911 Timeline

FBI Director Robert Mueller launches a charm offensive to win over the 9/11 Commission and ensure that its recommendations are favorable to the bureau.
Commission Initially Favored Break-Up - The attempt is greatly needed, as the Commission initially has an unfavorable view of the FBI due to its very public failings before 9/11: the Phoenix memo (see July 10, 2001), the fact that two of the hijackers lived with an FBI counterterrorism informer (see May 10-Mid-December 2000), and the failure to search Zacarias Moussaoui’s belongings (see August 16, 2001). Commissioner John Lehman will say that at the start of the investigation he thought “it was a no-brainer that we should go to an MI5,” the British domestic intelligence service, which would entail taking counterterrorism away from the bureau.
Lobbying Campaign - Author Philip Shenon will say that the campaign against the commissioners “could not have been more aggressive,” because Mueller was “in their faces, literally.” Mueller says he will open his schedule to them at a moment’s notice and returns their calls within minutes. He pays so much attention to the commissioners that some of them begin to regard it as harassment and chairman Tom Kean tells his secretaries to turn away Mueller’s repeated invitations for a meal. Mueller even opens the FBI’s investigatory files to the Commission, giving its investigators unrestricted access to a special FBI building housing the files. He also gets Dame Eliza Manningham-Buller, head of MI5, to meet the commissioners and intercede for the bureau.
Contrast with CIA - The campaign succeeds and the Commission is convinced to leave the FBI intact. This is partially due to the perceived difference between Mueller and CIA Director George Tenet, who the Commission suspects of telling it a string of lies (see July 2, 2004). Commissioner Slade Gorton will say, “Mueller was a guy who came in new and was trying to do something different, as opposed to Tenet.” Commission Vice Chairman Lee Hamilton will also say that the Commission recommended changing the CIA by establishing the position of director of national intelligence. It is therefore better to leave the FBI alone because “the system can only stand so much change.”
Change Partially Motivated by Fear - This change of mind is also partially motivated by the commissioners’ fear of the bureau. Shenon will comment: “Mueller… was also aware of how much fear the FBI continued to inspire among Washington’s powerful and how, even after 9/11, that fear dampened public criticism. Members of congress… shrank at the thought of attacking the FBI.… For many on Capitol Hill, there was always the assumption that there was an embarrassing FBI file somewhere with your name on it, ready to be leaked at just the right moment. More than one member of the 9/11 Commission admitted privately that they had joked—and worried—among themselves about the danger of being a little too publicly critical of the bureau.” [Shenon, 2008, pp. 364-368]

Entity Tags: John Lehman, 9/11 Commission, Federal Bureau of Investigation, Robert S. Mueller III, Eliza Manningham-Buller, Philip Shenon, Slade Gorton, Lee Hamilton

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Jose Padilla

Timeline Tags: Torture of US Captives

March 8, 2004: Court Denies Al-Marri Appeal

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

Amer el-Azizi, a leading al-Qaeda operative, is thought to re-enter Spain to activate a cell that carries out train bombings in Madrid in 2004 (see 7:37-7:42 a.m., March 11, 2004), as he is seen by witnesses in Madrid after the attacks. [Los Angeles Times, 4/29/2004] A senior Spanish investigator will say in 2004, “There are people who have seen el-Azizi here in Spain after the attacks. It looks like he came back and may have directed the others. If he was here, his background would make it likely that he was the top guy. We have reliable witness accounts that he was here in significant places connected to the plot. The idea of el-Azizi as a leader has become more solid.” [Los Angeles Times, 4/14/2004] His fingerprints are found in a safe house first used by the bombers in 2002. A Spanish investigator will comment, “El-Azizi was the brains, he was the link between the [bombers and the rest of al-Qaeda.” [Irujo, 2005, pp. 218; Vidino, 2006, pp. 320-321] El-Azizi was arrested in Turkey in 2000 with several of the 2004 Madrid bombers, but they were released for an unspecified reason (see October 10, 2000). Spanish intelligence also frustrated his arrest after 9/11 (see Shortly After November 21, 2001).

Entity Tags: Amer el-Azizi

Timeline Tags: Complete 911 Timeline

At around 7:00 a.m., Luis Garrudo Fernandez, a doorman for an apartment building in the town of Alcala de Henares, near Madrid, see three men behaving strangely near a white Renault Kangoo van parked near the local train station. The next day, he will tell the press, “When I saw them I thought they might be armed robbers or something like that… They were all covered up around their heads and necks, and it wasn’t even cold.” He gets close to one of them who is hurrying off towards the station. “All I could see was that he was wearing a white scarf around his neck and something covering the top of his head. You could only really see his eyes.” The others go to the back of the van and take out three big black rucksacks. Fernandez is unable to determine their ethnicity since he cannot see their faces clearly, but he suspects they are foreigners. Forty minutes later, bombs explode on four trains; the trains had started their journeys at the Alcala station (see 7:37-7:42 a.m., March 11, 2004). Fernandez soon tells a neighbor about the strange men. At 10:50 a.m., the neighbor calls the police. What the police find in the van will be the first lead in determining who is behind the train bombings. Fernandez claims the police soon come and inspect the van.
Immediately Told - He says they immediately tell him that they found bomb detonators and a cassette inside. The cassette contains exhortations from the Koran, but Fernandez will not remember them telling him anything about the cassette having an Arabic link. He is then driven to the police station, and on the way there a policeman tells him that he does not believe ETA, the Basque separatist group, is responsible. That evening at about 7:00 p.m., he is asked to look at a series of photographs of Arab suspects.
Contradictory Claim - However, this claim is later contradicted by a police report. While it is not denied that Fernandez gave the initial tip, the report says the van is not searched until about 3:30 p.m., after it has been moved to a different part of town. Eduardo Blanco, the police chief in Alcala de Henares, will later testify in support of the police report and will say that he is not told until that evening that detonators and an Arab cassette have been found in the vehicle. [Guardian, 3/13/2004; Daily Telegraph, 3/15/2004; Expatica, 7/6/2004; London Times, 7/7/2004] The discrepancy is important in determining just how quickly investigators begin to suspect Islamist militants and not ETA are behind the bombing.

Entity Tags: Luis Garrudo Fernandez, Euzkadi Ta Azkatasuna, Eduardo Blanco

Timeline Tags: Complete 911 Timeline

Multiple bombs destroyed this train in Madrid, Spain.Multiple bombs destroyed this train in Madrid, Spain. [Source: Rafa Roa/ Cover/ Corbis] (click image to enlarge)At about 7:40 a.m., four trains are bombed in Madrid, Spain, killing 191 people and injuring about 1,800 more. These are not suicide bombings, but were set by cell phone timers. Basque separatists are initially blamed, but evidence later points to people loosely associated with al-Qaeda. It will later be reported that 34 out of the 40 main people suspected or arrested for involvement in the bombings were under surveillance in Spain prior to the bombings (see Shortly Before March 11, 2004). Most of the bombers had never been to any training camps. In 2006, Spanish investigators will announce that the bombings were inspired by al-Qaeda, but not ordered or funded by al-Qaeda’s leadership. Specifically, the bombers are said to have been inspired by a speech allegedly given by Osama bin Laden in October 2003 (see October 19, 2003). [New Yorker, 7/26/2004; Associated Press, 3/9/2006] However, there will also be evidence against this that will not be refuted. For instance, the investigators will claim that all the key participants are either dead or in jail, but a number of them remain free overseas. For example, Amer el-Azizi is implicated in the Madrid bombings (see Before March 11, 2004), and he has links to well-known al-Qaeda figures such as Khalid Shaikh Mohammed (see (November 2001)), Ramzi bin al-Shibh (see Before July 8, 2001), and Zacarias Moussaoui (see Before August 16, 2001). In late 2002 or early 2003, el-Azizi is said to have met with Serhane Abdelmajid Fakhet, one of the key bombers, to discuss a bombing. He reportedly gave Fakhet permission to stage a bombing in the name of al-Qaeda, but it is unclear if he gave any funding or other assistance. [Associated Press, 4/10/2004; New Yorker, 7/26/2004] There are suggestions that el-Azizi was protected by Spanish intelligence (see Shortly After November 21, 2001), so the government may not be eager to highlight his involvement. Fakhet, considered one of the three masterminds of the bombings, may have been a government informant (see Shortly After October 2003). Many of the other plotters also appear to have been informants, and almost all the plotters were under surveillance before the bombings (see Shortly Before March 11, 2004). Former counterterrorism “tsar” Richard Clarke will say later in the month: “If we catch [bin Laden] this summer, which I expect, it’s two years too late. Because during those two years when forces were diverted to Iraq… al-Qaeda has metamorphosized into a hydra-headed organization with cells that are operating autonomously like the cells that operated in Madrid recently.” [USA Today, 3/28/2004] It will be noted that the 9/11 terrorist attacks in the US and the Madrid train bombings are separated by a total of 911 days. [MSNBC, 3/19/2004; Bloomberg, 4/22/2005]

Entity Tags: Osama bin Laden, Amer el-Azizi, Al-Qaeda, Richard A. Clarke, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The white van, impounded in a police parking lot.The white van, impounded in a police parking lot. [Source: Libertad Digital]At 10:50 a.m. on March 11, 2004, Madrid police receive an eyewitness tip pointing them to a white van (see 7:00 a.m., March 11, 2004) left at one of the train stations that had been bombed about three hours earlier (see 7:37-7:42 a.m., March 11, 2004). One investigator will later say: “At the beginning, we didn’t pay too much attention to it. Then we saw that the license plate didn’t correspond to the van.” [New Yorker, 7/26/2004] Police determine that the van was stolen several days before. [El Mundo (Madrid), 4/23/2004] At about 2:00 p.m., police take the van away. Accounts conflict as to whether the van is searched that morning before it is moved or that afternoon after the move (see 7:00 a.m., March 11, 2004). [Guardian, 3/13/2004] Regardless, when it is searched investigators find a plastic bag containing bomb detonators. They also find a cassette tape containing recitations of the Koran. Investigators had immediately suspected ETA, a Basque separatist group, was behind the bombings, and in fact at 1:30 p.m. Spanish Interior Minister Angel Acebes publicly blames ETA for the bombings. But based on the evidence in the van they begin to suspect Islamist militants were behind it instead. [New Yorker, 7/26/2004; Vidino, 2006, pp. 294] That evening, traces of the explosive Goma-2 are also found in the van. This will further point the investigation away from the ETA, since that group has never been known to use that type of explosive (see (8:00 a.m.-Evening) March 11, 2004). [El Mundo (Madrid), 4/23/2004]

Entity Tags: Angel Acebes, Euzkadi Ta Azkatasuna

Timeline Tags: Complete 911 Timeline

Four Madrid trains were bombed on the morning of March 11, 2004 (see 7:37-7:42 a.m., March 11, 2004), and in the evening on the same day, Spanish Prime Minister Jose Maria Aznar calls the editors of Spain’s major newspapers and tells them that ETA, a Basque separatist group, is behind the attacks. In fact, so far there is no evidence suggesting ETA involvement in the bombings. However, investigators have found bomb detonators in a van near the sight of one of the bombings, and the van also has a cassette tape of the Koran in it, suggesting Islamist militants were behind the bombings (see 10:50 a.m.-Afternoon, March 11, 2004). At the same time, Spanish intelligence is wiretapping most of the top ETA leaders, and during the day they intercept calls between leaders expressing shock about the bombings. The bombings also do not fit with ETA’s modus operandi, which is to bomb government targets and avoid civilian casualties. Aznar is aware of all this, and even tells Jose Luis Rodriguez Zapatero, leader of the opposition party, about the van evidence in a phone call that same evening. But Aznar nonetheless insists that “there is no doubt who did the attacks,” and that ETA is to blame. There are nationwide elections scheduled in just three days, and polls show that Aznar’s successor, Mariano Rajoy of the conservative Popular Party, is leading Zapatero of the Socialist party by about five points. ETA has a long history of bombings in Spain, and Aznar himself survived an ETA car bomb in 1995. He has made the elimination of ETA his top priority. In fact, Aznar has planned a series of raids against ETA on March 12 in hopes that will help boost his party’s chances in the elections. If ETA is responsible, it will vindicate Aznar’s campaign against them and presumably boost his party’s chances in the election. [New Yorker, 7/26/2004]

Entity Tags: Mariano Rajoy, Jose Luis Rodriguez Zapatero, Euzkadi Ta Azkatasuna, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

Massive demonstrations in Madrid on March 12, 2004.Massive demonstrations in Madrid on March 12, 2004. [Source: Associated Press]In the early morning of March 12, 2004, a police officer searching through the wreckage of the Madrid trains bombed the day before (see 7:37-7:42 a.m., March 11, 2004) discovers a bag containing 22 pounds of explosives surrounded by nails and screws. Two wires run from a cell phone to a detonator. Police use the memory chip inside the phone to find who the owner of the phone has called recently. They quickly discover a network of Islamist militants, many of them already under surveillance. They hone in on Jamal Zougam, who owns a cell phone shop that is connected to the phone, and who had been under investigation for militant links since 2000 (see 2000-Early March 2004). He will be arrested a day later. But the ruling party has already blamed the bombings on ETA, a Basque separate group (see Evening, March 11, 2004). Interior Minister Angel Acebes had blamed ETA within hours of the attacks (see 10:50 a.m.-Afternoon, March 11, 2004), and again he publicly claims that ETA is the prime suspect, even though police are now sure that Islamist militants were behind the bombings instead. He even calls those who suggest otherwise “pathetic” and says their alternative theories are “poisonous”. But news that ETA is not to blame is already leaking to the media. That evening about 11 million Spaniards protest around the country—about one fourth of Spain’s population. They are protesting the violence of the bombings, but also, increasingly, growing evidence of a cover-up that attempts to falsely blame ETA. The New Yorker will later comment, “It was clear that the [national election on March 14] would swing on the question of whether Islamists or ETA terrorists were responsible for the bombings.” [Guardian, 3/15/2004; New Yorker, 7/26/2004]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Angel Acebes.Angel Acebes. [Source: Luis Magan / El Pais]At 4:00 p.m. on March 13, 2004, the day before national elections in Spain, Interior Minister Angel Acebes announces on television that Jamal Zougam and two other Moroccans have been arrested for suspected roles in the Madrid train bombings two days before (see 7:37-7:42 a.m., March 11, 2004). A day earlier, evidence found at one of the bomb sites was linked to Zougam (see March 12, 2004), and he had long been monitored for his Islamist militant links (see 2000-Early March 2004). Nonetheless, Acebes continues to suggest that ETA, a Basque separatist group, was behind the bombing instead. The ruling party has staked its reputation on its assertion that ETA is to blame. [New Yorker, 7/26/2004] That evening, the national public television station even changes its regular television programming to show a movie about Basque terrorism. [Australian, 11/2/2007] But by now the opposition Socialist Party is publicly accusing the government of lying about the investigation in order to stay in power. [New Yorker, 7/26/2004] Zougam will later be sentenced to life in prison for his role in the Madrid bombings. [Daily Mail, 11/1/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Jamal Zougam

Timeline Tags: Complete 911 Timeline

Youssef Belhadj.Youssef Belhadj. [Source: Public domain]At 7:30 p.m., on March 13, 2004, the night before national elections in Spain, an anonymous phone caller tells a Madrid television station that there is a videotape related to the Madrid train bombings two days earlier (see 7:37-7:42 a.m., March 11, 2004) in a nearby trash can. The video is quickly found. It is not broadcast, but the government releases portions of its text to the media that evening. [Associated Press, 3/13/2004] A man on the tape identifies himself as Abu Dujan al-Afghani, and says he is the military spokesman for the “military wing of Ansar al-Qaeda” (ansar means partisan). [New York Times, 4/12/2004] Dressed in white burial robes and holding a submachine gun, he says: “We declare our responsibility for what happened in Madrid exactly two-and-a-half years after the attacks on New York and Washington. It is a response to your collaboration with the criminals Bush and his allies. This is a response to the crimes that you have caused in the world, and specifically in Iraq and Afghanistan, and there will be more, if God wills it.” [BBC, 3/14/2004; Irujo, 2005, pp. 327-342] Spanish Interior Minister Angel Acebes has been repeatedly blaming ETA, a Basque separatist group, for the bombings (see 10:50 a.m.-Afternoon, March 11, 2004 and March 12, 2004). He holds a press conference shortly after the videotape text is made public and encourages the public to be skeptical about the tape’s authenticity. [Observer, 3/14/2004] But more and more Spaniards doubt the official story. El Mundo, the largest newspaper in Madrid, criticizes “the more than dubious attitude of the government in relation to the lines of investigation.” The BBC publishes a story hours before the election is to begin and notes: “If ETA is to blame it would justify the [ruling Populist Party’s] hard line against the group and separatism in Spain. But if al-Qaeda is to blame, however, it would bring into question Spain’s decision to join the United States and Britain in the war on Iraq, something 90 percent of Spaniards opposed.” [BBC, 3/14/2004] The video actually was made by the bombers. A banner shown in the video is found in a safe house used by the bombers about a month later (see 9:05 p.m., April 3, 2004), suggesting the video was shot there. [New York Times, 4/12/2004] The spokesman will later be revealed to be Youssef Belhadj. Belhadj will be arrested in Belgium in 2005, extradited to Spain, and sentenced to prison for a role in the Madrid bombings. [Irujo, 2005, pp. 327-342; MSNBC, 10/31/2007]

Entity Tags: Euzkadi Ta Azkatasuna, Angel Acebes, Al-Qaeda, Youssef Belhadj

Timeline Tags: Complete 911 Timeline

On March 14, 2004, just three days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), Spain holds national elections. The opposition Socialist party wins. The Socialists go from 125 seats to 164 in the 350-seat legislature. The ruling Popular Party falls from 183 seats to 148. As a result, Socialist Jose Luis Rodriguez Zapatero replaces Jose Maria Aznar as Spain’s prime minister. Zapatero had pledged to withdraw Spain’s troops from the war in Iraq. In declaring victory, Zapatero again condemns the war in Iraq and reiterates his pledge to withdraw. He keeps his pledge and withdraws all of Spain’s troops over the next couple of months. [Associated Press, 3/15/2004; New Yorker, 7/26/2004]
Victory for Al-Qaeda? - Some will see this as a strategic victory for al-Qaeda. A treatise written by al-Qaeda leader Yusef al-Ayeri in late 2003 suggested the political utility of bombing Spain in order to force them to withdraw their troops from Iraq (see December 2003). For instance, an editor at the conservative Spanish newspaper ABC will later say, “I doubt whether anyone can seriously suggest that Spain has not acted in a way that suggests appeasement.”
Angry Voters - But Spanish voters may not have voted out of fear of being attacked again because of its Iraq commitment so much as anger at the ruling party for attempting to hide evidence linking the bombing to al-Qaeda and falsely blaming Basque separatists instead (see Evening, March 11, 2004, March 12, 2004, 4:00 p.m., March 13, 2004). [New Yorker, 7/26/2004] For instance, the Guardian will report, “The spectacular gains made by [the Socialist party] were in large part a result of the government’s clumsy attempts at media manipulation following the Madrid bombs on Thursday.… The party had just three days to avoid the charge that it had attracted the bombers by supporting a war that was opposed by 90% of Spaniards.… There would have been a double bonus for the [Popular Party] if they could have successfully deflected the blame onto the Basque terrorist group, ETA. A central plank of the government’s election platform had been that [the Socialists] are ‘soft’ on Basque terrorism.” [Guardian, 3/15/2004]

Entity Tags: Yusef al-Ayeri, Al-Qaeda, Jose Luis Rodriguez Zapatero, Jose Maria Aznar

Timeline Tags: Complete 911 Timeline

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

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

Lead defense lawyer Brian Hermanson.Lead defense lawyer Brian Hermanson. [Source: Corbis / TruTV]Michael E. Tigar, the former lead attorney for convicted Oklahoma City bombing conspirator Terry Nichols (see June 4, 1998) who now faces a state trial on 161 counts of first-degree murder (see March 1, 2004), joins Nichols’s current defense team in speculating that the bombing may have been carried out by a larger group of white supremacists, of which Nichols was only a minor member and perhaps little more than a scapegoat. While prosecutors say they have “an avalanche of evidence” showing Nichols’s heavy involvement, defense lawyers led by Brian T. Hermanson say that Nichols and his cohort, convicted bomber Timothy McVeigh (see June 2, 1997), were part of the purported larger conspiracy. McVeigh, Hermanson argues, “conspired with others whose identities are still unknown” and “orchestrated various events and evidence so as to make it appear that Mr. Nichols was involved and, thereby, direct attention away from others.” Some evidence exists of McVeigh’s involvement with the violent white supremacist group Aryan Republican Army (ARA—see 1992 - 1995 and November 1994) and it is possible that McVeigh took part in bank robberies the group carried out. Tigar says, “Is it too bad they killed Tim?” referring to McVeigh’s execution (see 7:14 a.m. June 11, 2001). “If they really wanted to find out what happened, maybe some of the revelations, now that the cover is blown, maybe he would have talked. Who knows?” Tigar seems to be implying that the government executed McVeigh to ensure his silence, a conclusion prosecutors dispute. Prosecutors say they have given the defense all exculpatory evidence, and that they can indisputably prove Nichols’s guilt. Assistant Oklahoma County District Attorney Sandra H. Elliott says, “Whether or not anybody else is involved, we can prove Mr. Nichols is.” Mark S. Hamm, a criminology professor who has written about the ARA, says: “The preponderance of evidence points to the fact that McVeigh had some sort of ongoing relationship with members of the ARA. [But t]here’s no smoking gun here.” Stephen Jones, who represented McVeigh during his trial (see May 8, 1995), says: “Where the Nichols defense clearly wants to go is to try for an acquittal or hung jury using material the government withheld.” If successful, the Nichols lawyers will try to get Nichols’s federal conviction (see December 23, 1997) reversed. However, “it has to succeed in [these proceedings] first.” [New York Times, 3/16/2004]

Entity Tags: Sandra H. Elliott, Aryan Republican Army, Brian Hermanson, Michael E. Tigar, Stephen Jones, Timothy James McVeigh, Mark S. Hamm, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Rafa Zouhier is an informant working for Spain’s Civil Guard. On March 16 and 17, 2004, he speaks to his handler, known by the alias Victor, and gives him vital leads that help break open the investigation into the Madrid train bombings on March 11 (see 7:37-7:42 a.m., March 11, 2004). He mentions that Jamal Ahmidan, alias “El Chino,” was a key member of the bomb plot. [Irujo, 2005, pp. 343-348] Then, according to phone transcripts, on March 17, 2004, he calls Victor again and correctly tells him the exact street where Ahmidan lives. Zouhier gives further details about what Ahmidan looks like, his car, his family, and so on. Seemingly, the police have enough information to find Ahmidan, but they do not attempt to go to his house. Nine days later, they will talk to Ahmidan’s wife and find out that he was there on March 17 and all the next day. Then, on the March 19, Ahmidan goes to the farm house he is renting where the bombs were built, which the police have yet to search (see March 18-26, 2004). After that, he goes to an apartment in the nearby town of Leganes, where most of the rest of the suspects are staying. So if police would have pursued the lead and then trailed Ahmidan, they would have been led to nearly all the main suspects. [El Mundo (Madrid), 7/3/2006] Police will arrest Zouhier on March 19 for not telling them more about the plot, and sooner. [El Mundo (Madrid), 4/9/2007] He will eventually be convicted and sentenced to more than 10 years in prison. [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Rafa Zouhier, “Victor”

Timeline Tags: Complete 911 Timeline

Emilio Suarez Trashorras, a police informant, is questioned about the Madrid train bombings that took place one week before (see 7:37-7:42 a.m., March 11, 2004). The previous day, another informant named Rafa Zouhier spoke to police and named Trashorras, Jamal Ahmidan, and others as key figures in the purchase of the explosives used in the bombings (see March 17, 2004). Trashorras and Zouhier allegedly did not tell their handlers about the explosives purchase before the bombings, so they are both arrested and eventually convicted for roles in the bombings (see October 31, 2007). Trashorras confesses much information to the police, including the role of Ahmidan and the fact that the bombs were built in a farm house Ahmidan is renting in the nearby town of Morata. Police already are aware of the house because some of the Madrid bombings suspects were monitored meeting there in 2002 and 2003 (see October 2002-June 2003), but it has not been searched since the bombings. By chance, on March 19, Ahmidan returns to the Morata house and has dinner there with his family. However, police still have not acted on Trashorras’s tip and gone to the house, so they miss Ahmidan. Also on March 19, police publicly announce the arrest of Trashorras, causing Ahmidan to finally go into hiding (see March 19, 2004). He goes to the bombers’ hideout in the town of Leganes, which could have led police to most of the other bombers. Hamid Ahmidan, Jamal Ahmidan’s cousin, answers questions about the house to police on March 21 and reveals that many of the bombers were there just before the bombing. But remarkably, police do not search the house until March 26. By that time, Ahmidan and the other bombers who lived there are no longer there. [El Mundo (Madrid), 2/12/2006; El Mundo (Madrid), 9/18/2006; El Mundo (Madrid), 3/25/2008] Ahmidan and many of the other key bomb suspects allegedly blow themselves up in Leganes in early April (see 9:05 p.m., April 3, 2004).

Entity Tags: Rafa Zouhier, Jamal Ahmidan, Emilio Suarez Trashorras, Hamid Ahmidan

Timeline Tags: Complete 911 Timeline

Mohamed Haddad.Mohamed Haddad. [Source: Public domain]Days after the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), multiple witnesses identify a Moroccan named Mohamed Haddad as one of the bombers. For instance, two witnesses claim to have seen him carrying a backpack on the day of the bombing near one of the bomb sites while in the company of two of the other bombers. Further, Haddad has many links to the other arrested bombers. For instance, he was arrested with two of the other bombers in Turkey in 2000 and then let go (see October 10, 2000). Haddad is arrested in Morocco on March 18, but then is soon released. Strangely, the Moroccan government allows him to continue to live in the Moroccan town of Tetouan, but do not allow him to travel or speak to any journalists. Also, Spanish authorities are not allowed to question him. The Madrid newspaper El Mundo will report on this unusual arrangement in September 2004. In August 2005, El Mundo will report that the situation is essentially unchanged. They will comment, “It has not been explained how the Moroccan police, who had arrested thousands of people for militant ties after the 2003 Casablanca bombings (see May 16, 2003), sometimes on scant evidence, leave a suspect at large who could not even prove where he was on the day of the train bombings.” The newspaper will also note that the Spanish government has not indicted Haddad. The article will conclude by asking, “How can it be a man like Haddad has not yet been charged?” [El Mundo (Madrid), 9/14/2004; El Mundo (Madrid), 8/1/2005] El Mundo will conclude that this “would mean that Haddad was an informer of [Moroccan intelligence] in Spain or that he knows things that the Moroccans do not want the Spaniards to know.” [El Mundo (Madrid), 1/19/2005]

Entity Tags: Mohamed Haddad

Timeline Tags: Complete 911 Timeline

Spanish police raid the apartment of Mouhannad Almallah, an Islamist militant suspected of involvement in the March 11, 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The apartment is owned by his brother, Moutaz Almallah. Mouhannad is arrested, but Moutaz is not, since he has been living in Britain since 2002 (see August 2002). Police also raid another apartment on Virgen del Coro street in Madrid owned by Moutaz, where several other bombing suspects, Basel Ghalyoun and Fouad el Morabit, have lived.
Years of Surveillance - It is surprising police took so long to raid either apartment, since the Almallah brothers have been suspected militants for many years. [El Mundo (Madrid), 3/2/2005] Moutaz was considered the closest assistant to Barakas Yarkas, long-time head of an al-Qaeda cell in Madrid, and it appears he was monitored since 1995 because of his ties to Yarkas (see November 13, 2001). He also is known to have lived with the al-Qaeda-linked imam Abu Qatada in London in 2002 (see August 2002). Curiously, a police officer later suspected of a role in the Madrid bombings sold Moutaz an apartment in 1995 and then remained friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
Wife's Tips Do Not Lead to Arrests - Mouhannad had been a suspect since 1998, when it was discovered that another member of Yarkas’s cell had filed a false document using Mouhannad’s name. Furthermore, in January 2003 Mouhannad’s estranged wife began informing against him and his militant associates (see February 12, 2003 and January 4, 2003). She exposed the brothers’ connections to many suspect militants, including Jamal Zougam, who was arrested just two days after the Madrid bombings (see 4:00 p.m., March 13, 2004). As a result of her tips, police had monitored the Virgen del Coro apartment for a year and were still monitoring it when the Madrid bombings took place (see January 17, 2003-Late March 2004). Mouhannad’s wife spoke to police five days after the bombings, reminding them of the link between Mouhannad and Zougam, so it is unclear why police waited 13 days to raid the Virgen del Coro apartment. [El Mundo (Madrid), 3/2/2005]
Let Go Despite Confessing Knowledge of Attack Plans - Mouhannad is finally arrested because two witnesses saw Ghalyoun, one of the two militants living in the Virgen del Coro apartment, near the Madrid trains when they were bombed. Mouhannad admits knowing Zougam, the main suspect. He says he had gone to Zougam’s shop to buy a charger for his phone. He says he knows Serhane Abdelmajid Fakhet, another prime suspect in the Madrid bombings, and that in the summer of 2003 Fakhet had proposed several times to “rob banks and jewelers” to finance an attack in Spain. Fakhet even told him that he wanted to go into police stations and kill as many people as possible. The police are also aware that Mouhannad’s brother Moutaz and Fakhet were in telephone contact until at least a few days before the bombings. Yet incredibly, on March 30, Mouhannad is “provisionally released,” while still be accused of having a link to the bombings. He continues to live openly in Madrid and is not rearrested. [El Mundo (Madrid), 3/2/2005; El Mundo (Madrid), 8/5/2005]
Possible Involvement in Planned New York Attack - In the apartment where Mouhannad had been living, police find a sketch of the Grand Central Station in New York with precise annotations, leading to suspicions that some militants in Spain were planning a New York attack. However, it will take investigators several months to analyze and understand the sketch, as it is on a computer disc and accompanied by highly specialized technical data. [El Mundo (Madrid), 3/2/2005] He will be rearrested in Madrid on March 18, 2005, two weeks after it is widely reported that possible plans for a New York attack were found in his apartment. [El Mundo (Madrid), 8/5/2005] In 2006, a Spanish police report will conclude that the Almallah brothers had such important roles in the Madrid bombings that the bombings “possibly would not have occurred” without them. [Reuters, 3/8/2007] Mouhannad will eventually be sentenced to 12 years in prison (see March 18-19, 2005).

Entity Tags: Mouhannad Almallah’s wife, Mouhannad Almallah, Fouad el Morabit, Serhane Abdelmajid Fakhet, Jamal Zougam, Moutaz Almallah, Basel Ghalyoun

Timeline Tags: Complete 911 Timeline

Richard Clarke sworn in before the 9/11 Commission.Richard Clarke sworn in before the 9/11 Commission. [Source: CBC]Former counterterrorism “tsar” Richard Clarke testifies before the 9/11 Commission. Due to publicity generated by the publication of his book and a controversial appearance on 60 Minutes (see March 21, 2004), it is, in the words of author Philip Shenon, a “true Washington spectacle” and “one of those moments in the capital when anyone of importance in the city [is] in front of a television set.” Shenon will add, “It was being compared by reporters to the sort of drama that John Dean’s testimony provided in Watergate or Lieutenant Colonel Oliver North’s testimony offered in the Iran-Contra affair.” [Shenon, 2008, pp. 281-282]
Clarke Offers Apology - Clarke’s opening statement consists of little more than an apology to the relatives of the 9/11 victims. He says: “Your government failed you, those entrusted with protecting you failed you, and I failed you. For that failure, I would ask… for your understanding and forgiveness.” This leads to a moment of silence, then gasps and sobs. Shenon will point out, “It was the first apology that the 9/11 families had heard from anybody of importance in the Bush administration,” adding that it “was the moment of catharsis that many of the wives and husbands and children of the victims had been waiting for.”
Praises Clinton, Criticizes Bush - Under questioning, Clarke praises the Clinton administration, saying, “My impression was that fighting terrorism, in general, and fighting al-Qaeda, in particular, were an extraordinarily high priority in the Clinton administration—certainly no higher priority.” But he is very critical of the Bush administration, stating, “By invading Iraq… the president of the United States has greatly undermined the war on terrorism.” He says that under Bush before 9/11, terrorism was “an important issue, but not an urgent issue.… [CIA Director] George Tenet and I tried very hard to create a sense of urgency by seeing to it that intelligence reports on the al-Qaeda threat were frequently given to the president and other high-level officials. But although I continue to say it was an urgent problem, I don’t think it was ever treated that way.” He points out that he made proposals to fight al-Qaeda in late January 2001. While the gist of them was implemented after 9/11, he complains, “I didn’t really understand why they couldn’t have been done in February [2001].” He says that with a more robust intelligence and covert action program, “we might have been able to nip [the plot] in the bud.”
Republican Commissioners Ask Tough Questions - However, Clarke faces tough questioning from some of the Republican commissioners. Jim Thompson, who had been in contact with the White House before the hearing (see Morning, March 24, 2004), challenges Clarke over a briefing he gave in 2002 (see August 22, 2002 and March 24, 2004), which, according to Thompson, contradicts what Clarke is saying now. In addition, fellow Republican John Lehman confronts Clarke over what he sees as discrepancies between Clarke’s book and his private interviews with the Commission. Clarke replies that the differences arose because the Commission did not ask him about all the issues he covered in his book, such as his opposition to the invasion of Iraq. He adds that he will not accept any position in any administration formed by Democratic presidential candidate John Kerry.
Clarke Approved Saudi Flights - Clarke also clears up a mystery about the departure of Saudi Arabian nationals after the attacks, which has caused some controversy (see September 14-19, 2001), saying that he was the White House official that approved them. He did this after clearing it with the FBI, although he does not know “what degree of review the FBI did over those names.” [Washington Post, 3/24/2004; New York Times, 3/24/2004; 9/11 Commission, 3/24/2004; Shenon, 2008, pp. 282-289]
Testimony 'Arresting' - Author and media critic Frank Rich will later call Clarke’s testimony “arresting.” Rich will write that Clarke’s forceful, confident demeanor—“sonorous voice, secret-agent aura, and vaguely intimidating body language”—serves to brush back antagonistic Republicans such as Lehman and Thompson. Rich will write that the juxtaposition of Clarke’s damning testimony with President Bush’s bizarre comedy routine that same evening (pretending to hunt for Iraqi WMD under the Oval Office furniture—see March 24, 2004) is jarring. [Rich, 2006, pp. 114-119]

Entity Tags: John Lehman, Clinton administration, Richard A. Clarke, Bush administration (43), Frank Rich, 9/11 Commission, James Thompson

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

At a campaign appearance in New Hampshire, President Bush refers to the 9/11 attacks, saying, “Had I known that the enemy was going to use airplanes to strike America, to attack us, I would have used every resource, every asset, every power of this government to protect the American people.” He also suggests that his predecessor, Democrat Bill Clinton, was more to blame for the attacks than he was, as the 9/11 Commission is looking at “eight months of my administration and the eight years of the previous administration.” This speech comes one day after his former counterterrorism “tsar,” Richard Clarke, had given damaging high-profile testimony to the Commission (see March 24, 2004). Author Philip Shenon will comment that Bush “was apparently hoping that his audience would forget that the August 6 [Presidential Daily Brief item (see August 6, 2001)] had warned specifically that planes might be hijacked by al-Qaeda within the United States.” [Shenon, 2008, pp. 289]

Entity Tags: George W. Bush, Philip Shenon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Police have concluded that Jamal Ahmidan, alias “El Chino,” is one of the main suspects in the March 11, 2004, Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). On March 25, Ahmidan’s wife Rosa begins fully cooperating with police. Two days later, someone calls her from the the telephone number 629247179. That same day, someone calls a man named Othman El Gnaoui from the same number. El Gnaoui is a close associate of Ahmidan. The same phone number is used to call the mobile phone number of a man named Abdelkader Kounjaa four times three days later. He is the brother of Abdennabi Kounjaa, one of the bombers hiding out with many of the other bombers in an apartment in the town of Leganes by this date (see 9:05 p.m., April 3, 2004). The police will later tell the judge in the Madrid bombings trial that the person using this phone to make all these calls was Ahmidan. But in fact, in 2005 the judge will learn from the phone company that the phone number actually belongs to the national police. Ahmidan’s wife Rosa will later say she does not remember who called her, and phone records show the call to her lasted less than a minute. These calls have never been explained, but they suggest the police knew where some of the suspects were hiding, took no action against them, and then tried to cover this up. [El Mundo (Madrid), 7/23/2007] Curiously, one day after the bombings, police stopped tapping the phones of Ahmidan and El Gnaoui even though evidence linked Ahmidan to the main suspect in the bombings that same day (see March 12, 2004). El Gnaoui will be arrested on March 30 and sentenced to life in prison for a role in the bombings (see March 30-31, 2004). [MSNBC, 10/31/2007]

Entity Tags: Jamal Ahmidan, Abdelkader Kounjaa, Othman El Gnaoui, Rosa Ahmidan

Timeline Tags: Complete 911 Timeline

The Sunday Times publishes details of interrogations of alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), who is being held by the CIA. The article, written by Christina Lamb, indicates the information is from “transcripts” of his interrogations. It also quotes KSM as making various statements, such as “The original plan [for 9/11] was for a two-pronged attack with five targets on the East Coast of America and five on the West Coast.” The report makes the following claims:
bullet KSM introduced Osama bin Laden to Hambali, leader of the Southeast Asian militant organization Jemaah Islamiyah, who KSM first met during the Soviet-Afghan War in Peshawar, Pakistan. KSM was “impressed” with “Hambali’s connections with the Malaysian government,” and bin Laden and Hambali forged an alliance in 1996.
bullet After 1996, KSM became a “key planner in almost every attack, including the simultaneous bombings of the American embassies in Kenya and Tanzania in 1998.”
bullet He was the “chief planner” for 9/11 and planning started very early, before his associate Ramzi Yousef was captured (see February 7, 1995), when they hit upon the idea of using planes to attack the US. The plan for 9/11 initially had two parts, one on the US East Coast and the other on the west, but bin Laden canceled the second half. This part was then spun off into a second, separate plot, to be carried out independently, and one of the operatives to be involved was Zacarias Moussaoui. The first two operatives selected for 9/11 were Khalid Almihdhar and Nawaf Alhazmi, followed by Mohamed Atta and his associates from Hamburg.
bullet Al-Qaeda was very surprised by the US response to the 9/11 attacks. “Afterwards we never got time to catch our breath, we were immediately on the run,” KSM is quoted as saying. He added that the US campaign seriously disrupted operations.
bullet Britain was the next target after 9/11, because, “Osama declared [British Prime Minister Tony] Blair our principal enemy and London a target.” However, a plot to attack Heathrow Airport never got beyond the planning stage.
bullet KSM also described Hambali’s departure from Afghanistan in November 2001, and said the two kept in touch through Hambali’s brother.
The article points out that “the interrogation transcripts are prefaced with the warning that ‘the detainee has been known to withhold information or deliberately mislead,’” and also mentions some allegations made against US interrogators, including sleep deprivation, extremes of heat and cold, truth drugs, and the use of Arab interrogators so that detainees thought they were in an Arab camp. [Sunday Times (London), 3/28/2004] When it becomes clear what techniques have been used to obtain information from KSM, doubts will be expressed about the reliability of his information (see June 16, 2004 and August 6, 2007). However, most of this information will appear in the relevant sections of the 9/11 Commission report, which are based on reports produced by CIA interrogators. [9/11 Commission, 7/24/2004] Despite this, some of the information contained in the report seems to be incorrect. For example, Abu Zubaida is described as a member of al-Qaeda’s inner shura council, although it appears he was not that close to al-Qaeda’s senior leadership (see Shortly After March 28, 2002). In addition, KSM is described as the head of al-Qaeda’s military committee, although he will later deny this (see March 10, 2007).

Entity Tags: Khalid Shaikh Mohammed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The FBI issues a bulletin to state and local law enforcement agencies which states that terrorists may use cultural, artistic or athletic visas to slip into the United States undetected. This is followed by another bulletin one day later from the FBI and Department of Homeland Security warning of pending terrorist attacks on buses and trains in major cities during the summer. The uncorroborated intelligence cited by the warning indicates the possible use of a bomb made out of ammonium nitrate fertilizer and diesel fuel, similar to the one used in the Oklahoma City federal building attack. This intelligence, as well as the March 11, 2004, train bombings in Madrid (see 7:37-7:42 a.m., March 11, 2004), reportedly increases the level of concern that terrorists are planning an attack in the US. It is reported that the intelligence community believes that al-Qaeda has the full intent and capability to execute coordinated and deadly attacks on public transportation systems. [PBS, 4/2/2004] No such attacks occur. The warning apparently is given because a number of suspects are arrested in Britain who had been working on a fertilizer bomb, but they have been under surveillance and their fertilizer had been replaced with a harmless substance. In the thousands of hours of monitored conversations, none of them mentioned anything about bombing the US (see Early 2003-April 6, 2004). One day prior to the first alert, Charles Duelfer, the chief weapons inspector in Iraq, informed Congress that no WMD have been found to date. [MSNBC, 6/4/2007]

Entity Tags: Federal Bureau of Investigation, Charles Duelfer, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

Attorney General John Ashcroft recertifies the NSA’s warrantless wiretapping program as being within the law, three weeks after he and his deputy, James Comey, refused to certify it. The program had come under question in early 2004, when Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, wrote to Ashcroft and Comey expressing his doubts about the program’s legality (see September 9, 2007). For those three weeks, the program operated without Justice Department approval; President Bush personally recertified it himself, though it was suspended and subjected to an internal review (see March 12-Mid-2004). Ashcroft had previously refused to recertify the program while recuperating from surgery, despite pressure from White House officials Alberto Gonzales and Andrew Card (see March 10-12, 2004). Ashcroft, Comey, Goldsmith, and other Justice Department officials had even threatened to resign en masse if Bush recertified the program without their department’s support; Bush promised to revamp the program to address Ashcroft and Comey’s objections to the program, though what those changes are remains unclear. [Boston Globe, 5/16/2007; Associated Press, 6/7/2007]

Entity Tags: Andrew Card, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, National Security Agency, James B. Comey Jr., US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

An attempted raid is made on al-Qaeda leader Abu Faraj al-Libbi in Abbottabad, Pakistan, as Pakistani President Pervez Musharraf will describe in a 2006 memoir. Pakistani forces have arrested one of al-Libbi’s couriers, and found out from him that al-Libbi has just rented a house in Abbottabad. Pakistani forces raid the house, but al-Libbi is not there. They will later determine he was using three houses in Abbottabad and they raided the wrong one. [Musharraf, 2006, pp. 210-211] Al-Libbi will be captured in Pakistan a year later (see May 2, 2005). Osama bin Laden begins living in Abbottabad around late 2005 (see Late 2005-Early 2006). His trusted courier Ibrahim Saeed Ahmed already lives there in 2004 (see January 22, 2004-2005). (Note that US forces also attempt to catch al-Libbi in Abbottabad in 2004, but it is unclear if that raid is this one or a different one (see 2004).)

Entity Tags: Abu Faraj al-Libbi, Pervez Musharraf

Timeline Tags: Complete 911 Timeline

Tom Wilshire, a CIA officer involved in the failed watchlisting of hijackers Khalid Almihdhar and Nawaf Alhazmi (see 9:30 a.m. - 4:00 p.m. January 5, 2000 and May 15, 2001) and the failure to obtain a search warrant for Zacarias Moussaoui’s belongings (see August 24, 2001), is interviewed by the 9/11 Commission. He tells them that nobody in the US intelligence community looked at the bigger picture and no analytic work foresaw the lightning that could connect the thundercloud [i.e. increased reporting that an al-Qaeda attack was imminent] to the ground [i.e. the cases that turned out to be connected to 9/11 such as the search for Almihdhar and Alhazmi, Zacarias Moussaoui, and the Phoenix memo]. The 9/11 Commission will agree with this and write in its final report: “Yet no one working on these late leads in the summer of 2001 connected the case in his or her in-box to the threat reports agitating senior officials and being briefed to the President. Thus, these individual cases did not become national priorities.” [9/11 Commission, 7/24/2004, pp. 277] However, Wilshire was receiving such threat reporting. For example, he received a report that al-Qaeda was planning an Hiroshima-like attack (see Summer 2001). [Wright, 2006, pp. 340] Wilshire also repeatedly suggested that Khalid Almihdhar may well be involved in the next big attack by al-Qaeda (see July 5, 2001, July 13, 2001, and July 23, 2001). For example, on July 23, 2001 he wrote: “When the next big op is carried out by [bin Laden] hardcore cadre, [al-Qaeda commander] Khallad [bin Attash] will be at or near the top of the command food chain—and probably nowhere near either the attack site or Afghanistan. That makes people who are available and who have direct access to him of very high interest. Khalid Almihdhar should be very high interest anyway, given his connection to the [redacted].” [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, 9/11 Commission, Tom Wilshire

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

At 11:00 a.m. on April 2, 2004, a security guard notices a plastic bag next to train tracks forty miles south of Madrid. The bag contains 26 pounds of the same type of explosives used in the March 11 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). The explosives are connected to a detonator by 450 feet of cable, but they lack a triggering mechanism. The tracks are for a high-speed rail line, and if the bomb had derailed a train, it could have killed more people than the March 11 bombings did. Three days earlier, workers surprised a group of men digging a hole on a nearby section of the same rail line. It is suggested that the bombers fled prematurely both times. The next day, at 6:05 p.m., the Madrid newspaper receives a fax from Abu Dujan al-Afghani taking credit for the failed bomb. This same person (whose real name is Youssef Belhadj) took credit for the Madrid bombings and was linked to the actual bombers (see 7:30 p.m., March 13, 2004). He says the bomb is meant to show that the group can attack at any time, and demands that Spain withdraw all its troops from Iraq and Afghanistan immediately (the new prime minster has already pledged to withdraw Spain’s troops from Iraq (see March 14, 2004)). Curiously, the fax is sent right when the key Madrid bombers are in the middle of a gun battle with Spanish police. They are killed several hours later (see 9:05 p.m., April 3, 2004). [BBC, 3/4/2004; Irujo, 2005, pp. 349-260; Vidino, 2006, pp. 302-303]

Entity Tags: Youssef Belhadj

Timeline Tags: Complete 911 Timeline

Abdelkader Farssaoui, a.k.a. Cartagena, served as a government informant from late 2001 to June 2003, informing on a group of the Madrid train bombers, including mastermind Serhane Abdelmajid Fakhet (see September 2002-October 2003). At 7:00 a.m. on April 3, 2004, about three weeks after the Madrid train bombing (see 7:37-7:42 a.m., March 11, 2004), Farssaoui is picked up by a police car where he is living in Almeria, Spain, and driven about 350 miles to Madrid. Around noon, he is taken to a meeting of police officers, some of whom he knows from his time as an informant.
Holed Up - He is told that Fakhet and many of the other bombers are holed up in an apartment in the nearby town of Leganes. A police chief named Guillermo Moreno asks him to visit them and find out exactly who is there. But Farssaoui is scared and refuses to go. He points out that he has not seen any of the bombers for almost a year, and if he suddenly shows up without explaining how he knew where they were hiding they will realize he is an informant and probably kill him. He overhears an agent of UCI, the Spanish intelligence agency, speaking about him on the phone, saying, “If this Moor talks, we are f_cked.” Farssaoui, a Moroccan, will reveal this under oath as a protected witness during the trial of the Madrid bombers in 2007. [El Mundo (Madrid), 3/7/2007]
Contradiction - This testimony will directly contradict earlier testimony by police inspector Mariano Rayon (one of Farssaoui’s handlers), who will claim the police only learn that the bombers are holed up in the Leganes apartment between 3:00 and 5:00 p.m. that day. The police will surround and attack the apartment that evening, killing seven of the bombers inside (see 9:05 p.m., April 3, 2004). Farssaoui will say he is very glad he did not go into the apartment, because if he did, “there would be eight dead people,” not just seven. [Libertad Digital, 3/7/2007]

Entity Tags: Guillermo Moreno, Abdelkader Farssaoui, Mariano Rayon, Serhane Abdelmajid Fakhet

Timeline Tags: Complete 911 Timeline

The March 2004 Madrid train bombings were not suicide bombings (see 7:37-7:42 a.m., March 11, 2004), and most of the key bombers remain in Spain, holed up in an apartment in the town of Leganes, near Madrid. By April 3, 2004, Spanish police are tipped off about the general location of the apartment from monitoring cell phone calls. Agents from the Spanish intelligence agency, the UCI, arrive near the apartment around 2:00 p.m. The head of the UCI unit on the scene will later say that he is told around this time that the specific floor where the suspects are has been pinpointed through phone intercepts, but he will not recall who tells him this. At about 5:00 p.m., one of the suspected bombers, Abdelmajid Boucher, goes outside to throw away the trash. He spots the plainclothes agents surrounding the house and runs away. The agents pursue him but he gets away. Presumably, he soon calls the other men in the apartment to let them know the police are outside. A gunfight breaks out between the police and the men in the apartment. [El Mundo (Madrid), 3/21/2007; El Mundo (Madrid), 3/21/2007] During the several hours of shooting, the bombers make a series of phone calls to relatives, telling them good-bye. They also allegedly somehow call radical imam Abu Qatada three times, even though he is being held in a maximum security prison in Britain, and get religious approval for their planned suicides (see Between 6:00 and 9:00 p.m., April 3, 2004). When police assault the apartment shortly after 9:00 p.m. that evening, the seven bombers still there are reportedly huddled together and blow themselves up (see 9:05 p.m., April 3, 2004). [New Yorker, 7/26/2004; Irujo, 2005, pp. 360-361] In late 2005, Boucher will be arrested while traveling through Serbia by train. He will be extradited to Spain and sentenced to 18 years in prison (see October 31, 2007). [Washington Post, 12/1/2005]

Entity Tags: Rachid Oulad Akcha, Serhane Abdelmajid Fakhet, Mohammed Oulad Akcha, Centro Nacional de Inteligencia, Jamal Ahmidan, Arish Rifaat, Abdennabi Kounjaa, Abu Qatada, Allekema Lamari, Abdelmajid Boucher

Timeline Tags: Complete 911 Timeline

By about 6:00 p.m. on April 3, 2004, a group of seven suspects in the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) are trapped in an apartment in the town of Leganes near Madrid and are engaged in a shootout with the police force surrounding them (see 2:00-9:00 p.m., April 3, 2004). This group of Islamist militants is said to be inspired by radical imam Abu Qatada, who has been held in the Belmarsh high security prison in Britain since 2002 (see October 23, 2002). Spanish police will later claim that these suspects call Qatada three times during the shootout, seeking religious authorization to commit suicide since they have been cornered by police. UPI will comment, “Madrid police could not explain how the terrorists could telephone somebody supposedly in a British prison.” They also call people in Indonesia and Tunisia who are said to be linked to suspected terrorists. They receive the permission from Qatada. Then they purify themselves with holy water from Mecca and dress in white funeral shrouds made from the apartment’s curtains. [United Press International, 5/14/2004] The seven suspects allegedly blow themselves up when police start to raid their apartment shortly after 9:00 p.m. (see 9:05 p.m., April 3, 2004).

Entity Tags: Abu Qatada

Timeline Tags: Complete 911 Timeline

The explosion in the Leganes apartment.The explosion in the Leganes apartment. [Source: Associated Press]The March 2004 Madrid train bombings were not suicide bombings (see 7:37-7:42 a.m., March 11, 2004), and most of the key bombers remain in Spain, holed up in an apartment in the town of Leganes, near Madrid. The police surrounded them in the early afternoon and a several hour shootout began (see 2:00-9:00 p.m., April 3, 2004). GEO, an elite police unit, arrives around 8:00 p.m. The head of GEO will later testify that he decides to assault the apartment immediately because of reports they have explosives. The entire area has already been evacuated. There reportedly is some shouting back and forth, but no negotiations. One of the bombers reportedly shouts, “Enter, you suckers!” At 9:30, the GEO unit knocks down the door to the apartment with explosives and throws tear gas into the room. But the bombers are reportedly huddled together and blow themselves up. One GEO agent is also killed in the explosion. The bombers killed are: Allekema Lamari, Serhane Abdelmajid Fakhet, Abdennabi Kounjaa, Arish Rifaat, Jamal Ahmidan (alias “El Chino”), and the brothers Mohammed Oulad Akcha and Rachid Oulad Akcha. Others are believed to have escaped during the shootout. [New Yorker, 7/26/2004; Irujo, 2005, pp. 360-361; El Mundo (Madrid), 3/22/2007] Lamari, Fakhet, and Ahmidan are thought to have been the top leaders of the plot. [BBC, 3/10/2005] It will later emerge that close associates of both Fakhet and Lamari were government informants (see Shortly Before March 11, 2004), and that Spanish intelligence specifically warned in November 2003 that the two of them were planning an attack in Spain on a significant target (see November 6, 2003). Furthermore, Fakhet himself may have been a government informant (see Shortly After October 2003).

Entity Tags: Serhane Abdelmajid Fakhet, Rachid Oulad Akcha, GEO, Mohammed Oulad Akcha, Arish Rifaat, Abdennabi Kounjaa, Abu Qatada, Allekema Lamari, Jamal Ahmidan

Timeline Tags: Complete 911 Timeline

Condoleezza Rice sworn in before the 9/11 Commission.Condoleezza Rice sworn in before the 9/11 Commission. [Source: Larry Downing/ Reuters]National Security Adviser Condoleezza Rice testifies before the 9/11 Commission under oath and with the threat of perjury. The Bush administration originally opposed her appearance, but relented after great public demand (see March 30, 2004). [Independent, 4/3/2004] The testimony is a huge media event and major television networks interrupt their programming to carry it live. First, the Commission’s Democratic Vice Chairman Lee Hamilton reads a statement trying to establish a tone of non-confrontation and saying that the Commission’s purpose is “not to put any witness on the spot,” but “to understand and to inform.”
Rice Reads Lengthy Statement - Knowing that she has a deal to appear only once and for a limited time, Rice begins by reading a statement much longer than those read by other witnesses testifying before the Commission, a move specifically approved by Hamilton and the Commission’s chairman Tom Kean. [Shenon, 2008, pp. 293, 295] In the statement she repeats her claim that “almost all of the reports [before 9/11] focused on al-Qaeda activities outside the United States.… The information that was specific enough to be actionable referred to terrorists operation overseas.” Moreover, she stresses that the “kind of analysis about the use of airplanes as weapons actually was never briefed to us.” But she concedes: “In fact there were some reports done in ‘98 and ‘99. I think I was—I was certainly not aware of them.” [Washington Post, 4/8/2004]
Heated Questioning from Democrats - The exchanges with the Republican commissioners are polite, but Rice’s interactions with the Democrats on the Commission become heated. According to author Philip Shenon, her strategy is to “try to run out the clock—talk and talk and talk, giving them no chance to ask follow-up questions before the 10 minutes that each of the commissioners had been allotted had run out.” [Shenon, 2008, pp. 295] During questioning several subjects are discussed:
bullet Why didn’t counterterrorism “tsar” Richard Clarke brief President Bush on al-Qaeda before September 11? Clarke says he had wished to do so, but Rice states, “Clarke never asked me to brief the president on counterterrorism.”
bullet What was the content of the briefing President Bush received on August 6, 2001 (see August 6, 2001)? While Rice repeatedly underlines that it was “a historical memo… not threat reporting,” commissioners Richard Ben-Veniste and Tim Roemer ask her why it cannot therefore be declassified. [Washington Post, 4/8/2004] Asked what the PDB item’s still-secret title is, Rice gives it as “Bin Laden Determined to Attack inside the United States,” leading to an audible gasp from the audience. [Shenon, 2008, pp. 298] Two days later, the White House will finally publish it, and it will be shown to contain more than just historical information.
bullet Did Rice tell Bush of the existence of al-Qaeda cells in the US before August 6, 2001? Rice says that she does not remember whether she “discussed it with the president.”
bullet Were warnings properly passed on? Rice points out: “The FBI issued at least three nationwide warnings to federal, state, and law enforcement agencies, and specifically stated that although the vast majority of the information indicated overseas targets, attacks against the homeland could not be ruled out. The FBI tasked all 56 of its US field offices to increase surveillance of known suspected terrorists and to reach out to known informants who might have information on terrorist activities.” But commissioner Jamie Gorelick remarks: “We have no record of that. The Washington field office international terrorism people say they never heard about the threat, they never heard about the warnings.” [Washington Post, 4/8/2004]
bullet Under questioning from Democratic commissioner Bob Kerrey, she admits that she worked with Philip Zelikow, the Commission’s executive director, during the Bush administration transition, and that they discussed terrorism issues.
bullet She claims that a plan Clarke presented to her to roll back al-Qaeda in January 2001 (see January 25, 2001) was not actually a plan, but merely “a set of ideas and a paper” that had not been implemented. [Shenon, 2008, pp. 299-300]
Central Issues Unresolved - Rice does not apologize to the families of the victims of the 9/11 attacks, as Clarke did weeks earlier. The Associated Press comments, “The blizzard of words in Condoleezza Rice’s testimony Thursday did not resolve central points about what the government knew, should have known, did, and should have done before the September 11 terrorist attacks.” [Associated Press, 4/8/2004]
Testimony an 'Ambitious Feat of Jujitsu' - The Washington Post calls her testimony “an ambitious feat of jujitsu: On one hand, she made a case that ‘for more than 20 years, the terrorist threat gathered, and America’s response across several administrations of both parties was insufficient.’ At the same time, she argued that there was nothing in particular the Bush administration itself could have done differently that would have prevented the attacks of September 11, 2001—that there was no absence of vigor in the White House’s response to al-Qaeda during its first 233 days in office. The first thesis is undeniably true; the second both contradictory and implausible.” [Washington Post, 4/9/2004]
'Cherry-Picking' Rice's Testimony - In 2009, Lawrence Wilkerson, who is chief of staff for Secretary of State Colin Powell in 2004, will recall: “John [Bellinger, the legal adviser to the National Security Council] and I had to work on the 9/11 Commission testimony of Condi. Condi was not gonna do it, not gonna do it, not gonna do it, and then all of a sudden she realized she better do it. That was an appalling enterprise. We would cherry-pick things to make it look like the president had been actually concerned about al-Qaeda. We cherry-picked things to make it look as if the vice president and others, Secretary Rumsfeld and all, had been. They didn’t give a sh_t about al-Qaeda. They had priorities. The priorities were lower taxes, ballistic missiles, and the defense thereof.” [Vanity Fair, 2/2009]

Entity Tags: Jamie Gorelick, Lee Hamilton, Lawrence Wilkerson, George W. Bush, John Bellinger, Federal Bureau of Investigation, Bob Kerrey, Bush administration (43), Tim Roemer, Condoleezza Rice, Thomas Kean, Richard Ben-Veniste, 9/11 Commission, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

President Bush talks about the Presidential Daily Briefing (PDB) he was given on August 6, 2001, entitled “Bin Laden Determined to Strike in US.” He claims, “There was nothing in this report to me that said, ‘Oh, by the way, we’ve got intelligence that says something is about to happen in America.‘… There was nothing in there that said, you know, ‘There is an imminent attack.’ That wasn’t what the report said. The report was kind of a history of Osama’s intentions.” [Associated Press, 4/12/2004] He adds, “[T]he PDB was no indication of a terrorist threat. There was not a time and place of an attack. It said Osama bin Laden had designs on America. Well, I knew that. What I wanted to know was, is there anything specifically going to take place in America that we needed to react to.… I was satisfied that some of the matters were being looked into. But that PDB said nothing about an attack on America. It talked about intentions, about somebody who hated America—well, we knew that.… Had I known there was going to be an attack on America, I would have moved mountains to stop the attack.” [US President, 4/19/2004] The complete text of the PDB was released the day before Bush’s comments and in fact the PDB does very clearly discuss an imminent attack on the US. For instance, it says that FBI information “indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York.” And it discusses a call to a US “embassy in the UAE in May [2001] saying that a group of bin Laden supporters was in the US planning attacks with explosives” (see August 6, 2001).

Entity Tags: George W. Bush

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

In a news conference, President Bush is asked about the August 6, 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). Bush explains: “I asked for the briefing. And the reason I did is because there had been a lot of threat intelligence from overseas. And part of it had to do with the Genoa G8 conference that I was going to attend. And I asked at that point in time, let’s make sure we are paying attention here at home as well. And that’s what triggered the report.” [US President, 4/19/2004] Although Bush had shown some interest in counterterrorism around that time (see July 5, 2001 and June 20, 2001), the CIA analysts who drafted the PDB item will deny he asked for it specifically, saying they drafted it on the CIA’s initiative (see July 13, 2004). The main threat to the late July 2001 Genoa conference, as discussed in numerous articles even before the conference, was an al-Qaeda plot to fly an airplane into the conference building, killing Bush and other world leaders (see Mid-July 2001). But Bush’s tacit admission that a plot involving planes as weapons helped inspire the well-known August briefing passes without comment by the mainstream media. However, a professor will write a letter to the editor of Britain’s Financial Times noting Bush’s remark and commenting, “If President Bush had been sufficiently alarmed by the Italian defenses [against a suicide air attack] in Genoa to request a special report, he must have been able to recognize that, yes, it could happen in the US.” [Financial Times, 4/27/2004]

Entity Tags: George W. Bush, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, 2004 Elections

Emilio Suarez Trashorras.Emilio Suarez Trashorras. [Source: Agence France-Presse / Getty Images]Spanish government officials announce that the Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) were funded largely by drug money. The bombers bought the explosives from a criminal using drugs as payment. The criminal, Emilio Suarez Trashorras, will turn out to also work as a government informant, informing about drug deals (see June 18, 2004)). The bombers also use profits from drug sales to rent an apartment, buy a car, and purchase the cell phones used as detonators in the bombs. No estimate is given as to just how much money the plotters made by selling drugs. But because of these profits the bombers apparently do not need any money from militants overseas. [Associated Press, 4/14/2004] One of the main bombers, Jamal Ahmidan, alias “El Chino,” was a long time dealer in hashish. [Irujo, 2005] Several months before the bombings, he shot someone in the leg for failing to pay for the drugs he had given them. [New York Times Magazine, 11/25/2007]

Entity Tags: Jamal Ahmidan, Emilio Suarez Trashorras

Timeline Tags: Complete 911 Timeline

A man thought to be Osama bin Laden offers European countries a truce, but the offer is rejected. Following bombings in Madrid, Spain, (see 7:37-7:42 a.m., March 11, 2004) a new audiotape featuring a voice thought to be bin Laden’s is released and addresses Europeans. After mentioning the occupation of Palestine, the voice says: “[W]hat happened to you on September 11 and March 11 are your goods returned to you. It is well known that security is a vital necessity for every human being. We will not let you monopolize it for yourselves.” The speaker compares actions by militant Islamists to those of the West and its allies, in particular the killing of a wheelchair-bound Hamas leader, and asks: “In what creed are your dead considered innocent but ours worthless? By what logic does your blood count as real and ours as no more than water? Reciprocal treatment is part of justice, and he who commences hostilities is the unjust one.” The voice also says, “This war is making billions of dollars for the big corporations, whether it be those who manufacture weapons or reconstruction firms like Halliburton and its offshoots and sister companies.” The speaker finishes by saying that his actions have been in response to the West’s alleged interference in Muslim lands: “For we only killed Russians after they invaded Afghanistan and Chechnya, we only killed Europeans after they invaded Afghanistan and Iraq, and we only killed Americans in New York after they supported the Jews in Palestine and invaded the Arabian peninsula, and we only killed them in Somalia after they invaded it in Operation Restore Hope.” [BBC, 4/15/2004; Laden, 2005, pp. 233-6]

Entity Tags: Osama bin Laden

Timeline Tags: Complete 911 Timeline

Conservative radio host Rush Limbaugh informs his listeners of a Harris poll showing a majority of those surveyed believe that Saddam Hussein had weapons of mass destruction when the war began over a year before (see March 19, 2003). Limbaugh blames the misconception on the “liberal media,” not on the government officials and conservative pundits, including Limbaugh, who pushed the idea of Iraqi WMD on the public before the invasion (see July 30, 2001, Mid-September, 2001, Mid-September-October 2001, October 17, 2001, November 14, 2001, December 20, 2001, 2002, February 11, 2002, Summer 2002, July 30, 2002, August 26, 2002, September 4, 2002, September 8, 2002, September 8, 2002, September 12, 2002, September 12, 2002, September 24, 2002, September 28, 2002, October 7, 2002, December 3, 2002, December 19, 2002, January 2003, January 9, 2003, February 5, 2003, February 17, 2003, March 16-19, 2003, March 23, 2003, May 21, 2003, May 29, 2003, and June 11, 2003), and uses the incident to warn his listeners about getting their news from the “liberal media.” [Jamieson and Cappella, 2008, pp. 151]

Entity Tags: Rush Limbaugh, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

CIA Director George Tenet orders a suspension of waterboarding and some other aggressive interrogation techniques. Intelligence officials will later claim that the Abu Ghraib scandal publicized in April 2004 (see April 28, 2004), is a major factor in the decision. Additionally, the CIA’s Inspector General finishes a secret report around the same time the Abu Ghraib scandal breaks, an it suggests that many aggressive techniques may violate an international treaty against torture that the US has signed (see May 7, 2004). NBC News will later claim that the biggest reason is the worry: “Could CIA officials, including both the interrogators and their superiors, ultimately be prosecuted?” [MSNBC, 9/13/2007] The CIA approved a list of about 10 aggressive techniques, including waterboarding, in March 2002 (see Mid-March 2002), and used them on many high-ranking al-Qaeda detainees until this time (see March 28, 2002-Mid-2004). But the CIA suspends their use until the Justice Department can conduct a legal review. One former senior CIA official will say in June 2004, “Everything’s on hold. The whole thing has been stopped until we sort out whether we are sure we’re on legal ground.” [Washington Post, 6/27/2004] In December 2004, the Justice Department will publicly issue a new and public memo allowing the use of some aggressive techniques (see December 30, 2004). Then, in February 2005, it will secretly issue another memo that goes further, and will even allow the CIA to use waterboarding again. The New York Times will later call it “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency” (see February 2005). The CIA presumably then resumes using most of these techniques but it does not resume waterboarding, as it had already stopped doing that in 2003 (see May 2002-2003).

Entity Tags: Central Intelligence Agency, George J. Tenet

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A US intelligence analyst at Abu Ghraib tells military investigators that, as per a directive from Defense Secretary Rumsfeld (see December 2, 2002), it is “common that the detainees on [military intelligence] hold in [a facility known as the] hard site were initially kept naked and given clothing as an incentive to cooperate with us.” An interrogator tells the investigators that it is “common to see detainees in cells without clothes or naked,” and says it is “one of our approaches.” Enforced nudity is a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Major General Geoffrey Miller says during a Coalition Provisional Authority briefing that while physical contact between the interrogator and detainees is prohibited, “sleep deprivation and stress positions and all that could be used—but they must be authorized.” (see April 16, 2003) But as Amnesty International later notes in a letter to George Bush, “The United Nations Committee against Torture, the expert body established by the Convention against Torture (see October 21, 1994) has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman, or degrading treatment.” [Amnesty International, 5/7/2004]

Entity Tags: Geoffrey D. Miller, George W. Bush, Amnesty International

Timeline Tags: Torture of US Captives

Speaking about the Abu Ghraib scandal (see April 28, 2004), President Bush promises a “full investigation.” In an interview with Al Arabiya, he says: “It’s important for people to understand that in a democracy, there will be a full investigation. In other words, we want to know the truth. In our country, when there’s an allegation of abuse… there will be a full investigation, and justice will be delivered.… It’s very important for people and your listeners to understand that in our country, when an issue is brought to our attention on this magnitude, we act. And we act in a way in which leaders are willing to discuss it with the media.… In other words, people want to know the truth. That stands in contrast to dictatorships. A dictator wouldn’t be answering questions about this. A dictator wouldn’t be saying that the system will be investigated and the world will see the results of the investigation.” [White House, 5/5/2004] In April 2009, after significant revelations of Bush torture policies have hit the press (see April 16, 2009 and April 21, 2009), Atlantic columnist Andrew Sullivan will write: “Bush personally authorized every technique revealed at Abu Ghraib. He refused to act upon the International Committee of the Red Cross’s report that found that he had personally authorized the torture of prisoners, in violation of the Geneva Conventions and the UN Convention on Torture and domestic law against cruel and inhuman treatment. A refusal to investigate and prosecute Red Cross allegations of torture is itself a violation of the Geneva Accords.” [Atlantic Monthly, 4/27/2009]

Entity Tags: Andrew Sullivan, George W. Bush

Timeline Tags: Torture of US Captives

The CIA’s inspector general, John Helgerson, releases a highly classified report from his office that examines allegations of torture from the time period between September 2001 (after the 9/11 attacks, when the CIA first began detaining suspected terrorists and informants) and October 2003. In the report, Helgerson warns that some aggressive interrogation techniques approved for use by the CIA since early 2002 (see Mid-March 2002) might violate some provisions of the international Convention Against Torture (see October 21, 1994). The report doubts the Bush administration position that the techniques do not violate the treaty because the interrogations take place overseas on non-US citizens. It will be released, in heavily redacted form, to the public in August 2009 (see August 24, 2009). From what becomes known of the report’s contents, the CIA engaged in a number of illegal and ethically questionable tactics on the part of its interrogators. Some of these tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials. The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” The report does not conclude that the techniques reviewed constitute torture, but it does find that they appear to constitute cruel, inhuman, and degrading treatment under the Convention. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 11/9/2005; MSNBC, 8/24/2009; Washington Post, 8/24/2009]
Physical Abuse - The report defines torture as an act “intended to inflict severe physical or mental pain and suffering.” It then begins detailing such acts. Incidents of physical abuse include:
bullet One incident caused the death of an Afghani detainee. According to the report: “An agency independent contractor who was a paramilitary officer is alleged to have severely beaten the detainee with a large metal flashlight and kicked him during interrogation sessions. The detainee died in custody.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] In a 2009 statement, Helgerson will write: “In one extreme case, improvisation took a disastrous turn when an agency contractor in rural Afghanistan—acting wholly outside the approved program and with no authorization or training—took it upon himself to interrogate a detainee. This officer beat the detainee and caused his death. Following an investigation of the incident, this contract employee was convicted of assault and is now in prison.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet Waterboarding was routinely used, in a manner far exceeding previously issued guidelines. Interrogators “continuously applied large volumes of water,” and later explained that they needed to make the experience “more poignant and convincing.” The CIA interrogators’ waterboarding technique was far more aggressive than anything used in military survival training such as the SERE program (see December 2001). Eventually, the agency’s Office of Medical Services criticized the waterboarding technique, saying that the “frequency and intensity” with which it was used could not be certified as “efficacious or medically safe.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009] The report refers in particular to the treatment of 9/11 mastermind Khalid Shaikh Mohammed (KSM), who was reportedly waterboarded more than once (see Shortly After February 29 or March 1, 2003). Waterboarding is considered torture and is illegal in the US. The report also raises concern that the use of these techniques could eventually cause legal troubles for the CIA officers who used them. [New York Times, 11/9/2005]
Helgerson will write: “We found that waterboarding had been utilized in a manner that was inconsistent with the understanding between CIA and the Department of Justice. The department had provided the agency a written legal opinion based on an agency assurance that although some techniques would be used more than once, repetition would ‘not be substantial.’ My view was that, whatever methodology was used to count applications of the waterboard, the very large number of applications to which some detainees were subjected led to the inescapable conclusion that the agency was abusing this technique.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
bullet In July 2002, a CIA officer used a “pressure point” technique “with both of his hands on the detainee’s neck, the officer manipulated his finger to restrict the detainee’s carotid artery.” The carotid artery supplies the brain with oxygenated blood; such “manipulat[ion]” could lead to unconsciousness or even death. A second officer “reportedly watched his eyes to the point that the detainee would nod and start to pass out. Then the officer shook the detainee to wake him. This process was repeated for a total of three applications on the detainee.”
bullet A technique routinely used by CIA interrogators was the “hard takedown,” which involves an interrogator grabbing a detainee and slamming him to the floor before having the detainee moved to a sleep-deprivation cell. One detainee was hauled off his feet by his arms while they were bound behind his back with a belt, causing him severe pain.
bullet Another routinely used technique is “water dousing,” apparently a variant of waterboarding, in which a detainee is laid on a plastic sheet and subjected to having water sluiced over him for 10 to 15 minutes. The report says that at least one interrogator believed the technique to be useful, and sent a cable back to CIA headquarters requesting guidelines. A return cable explained that a detainee “must be placed on a towel or sheet, may not be placed naked on the bare cement floor, and the air temperature must exceed 65 degrees if the detainee will not be dried immediately.”
- - Detainee Abd al-Rahim al-Nashiri, suspected of plotting the 2000 bombing of the USS Cole (see October 12, 2000), was repeatedly “bathed” with hard-bristled scrub brushes in order to inflict pain. The brushes caused abrasions and bleeding. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Helgerson will write: “Agency officers who were authorized to detain and interrogate terrorists sometimes failed in their responsibilities. In a few cases, agency officers used unauthorized, threatening interrogation techniques. The primary, common problem was that management controls and operational procedures were not in place to avoid the serious problems that arose, jeopardizing agency employees and detainees alike.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Mental Abuse - Numerous instances of mental and emotional abuse were also documented.
bullet In 2002, interrogators staged a mock execution to intimidate a detainee. CIA officers began screaming outside the room where the detainee was being interrogated. When leaving the room, he “passed a guard who was dressed as a hooded detainee, lying motionless on the ground, and made to appear as if he had been shot to death.” The report says that after witnessing this performance, the detainee “sang like a bird.”
bullet Handguns and power drills were used to threaten detainees with severe bodily harm or death. One such instance involved al-Nashiri. An American, whose name is not released but who is identified as not being a trained interrogator and lacking authorization to use “enhanced methods,” used a gun and a power drill to frighten him. The American pointed the gun at al-Nashiri’s head and “racked” a round in the chamber. The American also held a power drill near al-Nashiri and revved it, while al-Nashiri stood naked and hooded. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
In 2009, reporter David Ignatius will say he finds the “image of a CIA interrogator standing with a power drill next to somebody he’s interrogating… particularly horrific, because that’s a technique that’s been used in torturing people in Iraq.” [PBS, 8/24/2009]
bullet A CIA interrogator told al-Nashiri that if he did not cooperate with his captors, “we could get your mother in here” and “we can bring your family in here.” The report says that the interrogator wanted al-Nashiri to infer for “psychological” reasons that his female relatives might be sexually abused. The interrogator has denied actually threatening to sexually abuse al-Nashiri’s mother or other relatives.
bullet An interrogator threatened the lives of one detainee’s children. According to the report, an “interrogator said to Khalid Shaikh Mohammed that if anything else happens in the United States, quote, ‘we’re going to kill your children.’” According to the report, the debriefer was trying to exploit a belief in the Middle East that interrogation techniques included sexually abusing female relatives in front of the detainees. It was during these same interrogation sessions that Mohammed was waterboarded 183 times in a single month (see April 16, 2009). [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; MSNBC, 8/25/2009]
Fear of Recriminations - According to the report, there was concern throughout the agency over the potential legal consequences for agency officers. Officers “expressed unsolicited concern about the possibility of recrimination or legal action” and said “they feared that the agency would not stand behind them,” according to the report. [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009] According to the report, CIA personnel “are concerned that public revelation” of the program will “seriously damage” personal reputations as well as “the reputation and effectiveness of the agency itself.” One officer is quoted as saying he could imagine CIA agents ending up before the World Court on war crimes charges. “Ten years from now, we’re going to be sorry we’re doing this,” another officer said. But “it has to be done.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009] Helgerson will write: “This review of the agency’s early detention and interrogation activities was undertaken in part because of expressions of concern by agency employees that the actions in which they were involved, or of which they were aware, would be determined by judicial authorities in the US or abroad to be illegal. Many expressed to me personally their feelings that what the agency was doing was fundamentally inconsistent with long established US government policy and with American values, and was based on strained legal reasoning. We reported these concerns.” [Central Intelligence Agency, 5/7/2004 pdf file; Washington Post, 8/24/2009]
Recommendations - The report lists 10 recommendations for changes in the treatment of detainees, but it will not be reported what these are. Eight of the recommendations are apparently later adopted. Former CIA assistant general counsel John Radsan will later comment, “The ambiguity in the law must cause nightmares for intelligence officers who are engaged in aggressive interrogations of al-Qaeda suspects and other terrorism suspects.” [New York Times, 11/9/2005]
Approval, Contradictory Statements by Attorney General - The report says that Attorney General John Ashcroft approved all of these actions: “According to the CIA general counsel, the attorney general acknowledged he is fully aware of the repetitive use of the waterboard and that CIA is well within the scope of the DOJ opinion that the authority given to CIA by that opinion. The attorney general was informed the waterboard had been used 119 times on a single individual.” In 2009, reporter Michael Isikoff will say that the contents of the report “conflict… with the public statements that have been made over the years by Bush administration officials and CIA directors.” In 2007, then-CIA Director Michael Hayden will tell the Council on Foreign Relations that the agency’s detention and interrogation program was “very carefully controlled and lawfully conducted—has been carefully controlled and lawfully conducted.” Isikoff will say, “It’s kind of hard to square that with… what was in the CIA inspector general report that had been presented five years ago in 2004.” [Central Intelligence Agency, 5/7/2004 pdf file; MSNBC, 8/25/2009]
Questions of Effectiveness - The report does document that some interrogations obtained critical information to identify terrorists and stop potential plots, and finds that some imprisoned terrorists provided more information after being exposed to brutal treatment (see August 24, 2009). It finds that “there is no doubt” that the detention and interrogation program itself prevented further terrorist activity, provided information that led to the apprehension of other terrorists, warned authorities of future plots, and helped analysts complete an intelligence picture for senior policymakers and military leaders. But whether the harsh techniques were effective in this regard “is a more subjective process and not without some concern,” the report continues. It specifically addresses waterboarding as an illegal tactic that is not shown to have provided useful information. “This review identified concerns about the use of the waterboard, specifically whether the risks of its use were justified by the results, whether it has been unnecessarily used in some instances,” the report reads, and notes that in many instances, the frequency and volume of water poured over prisoners’ mouths and noses may have exceeded the Justice Department’s legal authorization. In the instance of detainee Abu Zubaida, the report finds, “It is not possible to say definitively that the waterboard is the reason for Abu [Zubaida]‘s increased production [of intelligence information], or if another factor, such as the length of detention, was the catalyst.” In 2009, Isikoff will note that the effectiveness of torture is not clarified by the report. “As you know, Vice President [Dick] Cheney and others who had defended this program have insisted time and again that valuable intelligence was gotten out of this program. You could read passages of this report and conclude that that is the case, that they did get—some passages say important intelligence was gotten. But then others are far more nuanced and measured, saying we don’t really know the full story, whether alternative techniques could have been used.” [Central Intelligence Agency, 5/7/2004 pdf file; New York Times, 8/24/2009; MSNBC, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009]
Cheney Blocked Report's Completion - Reporter Jane Mayer later learns that Cheney intervened to block Helgerson from completing his investigation. Mayer will write that as early as 2004, “the vice president’s office was fully aware that there were allegations of serious wrongdoing in the [interrogation] program.” Helgerson met repeatedly and privately with Cheney before, in Mayer’s words, the investigation was “stopped in its tracks.” She will call the meetings “highly unusual.” In October 2007, CIA Director Michael Hayden will order an investigation of Helgerson’s office, alleging that Helgerson was on “a crusade against those who have participated in controversial detention programs.” [Public Record, 3/6/2009]

Entity Tags: Office of Medical Services (CIA), International Criminal Court, Jane Mayer, John Helgerson, David Ignatius, John Radsan, John Ashcroft, Convention Against Torture, Abu Zubaida, Bush administration (43), US Department of Justice, Richard (“Dick”) Cheney, Central Intelligence Agency, Michael Hayden, Abd al-Rahim al-Nashiri, Khalid Shaikh Mohammed, Michael Isikoff

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Timeline Tags: Torture of US Captives

The New York Times learns that FBI Director Robert Mueller has ordered FBI interrogators to stay out of CIA-led interrogations of suspected al-Qaeda members. Mueller, and many FBI officials, believe the CIA’s interrogation tactics are too brutal and violate domestic and international laws. Mueller and other FBI officials have objected to the use of techniques such as waterboarding, as well as forced starvation, forced drugging, and beatings. FBI officials told Mueller that the techniques would be prohibited in criminal cases. Some CIA officers are worried that public outrage over the recent revelations of prisoner abuse at Baghdad’s Abu Ghraib prison might lead to a closer examination of the agency’s treatment of al-Qaeda prisoners. “Some people involved in this have been concerned for quite a while that eventually there would be a new president, or the mood in the country would change, and they would be held accountable,” one says. “Now that’s happening faster than anybody expected.” [BBC, 5/13/2004] In 2008, a Justice Department investigation (see May 20, 2008) will reveal that sometime in mid-2002, the FBI’s then-assistant director for counterterrorism, Pasquale D’Amuro, ordered FBI agents at Guantanamo to stop participating in interrogations and leave the facility. D’Amuro brought the issue to Mueller’s attention; according to the Justice Department report, D’Amuro “stated that his exact words to Mueller were ‘we don’t do that’ and that someday the FBI would be called to testify and he wanted to be able to say that the FBI did not participate in this type of activity.” D’Amuro was concerned that the use of such aggressive interrogation techniques “failed to take into account an ‘end game.’” The report will continue: “D’Amuro stated that even a military tribunal would require some standard for admissibility of evidence. Obtaining information by way of ‘aggressive’ techniques would not only jeopardize the government’s ability to use the information against the detainees, but also might have a negative impact on the agents’ ability to testify in future proceedings.” Mueller agreed with D’Amuro and issued what became a “bright line rule” barring FBI agents from participating in CIA and military interrogations involving such methods. [Newsweek, 5/20/2008]

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Robert S. Mueller III, Pasquale D’Amuro, US Department of Justice

Timeline Tags: Torture of US Captives

A newspaper article reveals that Ptech, the Boston-based computer company with ties to Yassin al-Qadi and other suspected terrorist financiers (see 1994), is still continuing its business under a different name. The article states, “Although no one associated with the company has been charged, the US attorney’s office has never issued a statement exonerating the company or ending the investigation.” Ptech is now called GoAgile. The company lost many customers in the wake of the widely-publicized raid on its offices in 2002 (see December 5, 2002). However, CEO Oussama Ziade states, “We still have government agencies as customers, including the White House.” [Patriot Ledger, 5/14/2004; FrontPage Magazine, 6/17/2005]

Entity Tags: Oussama Ziade, Ptech Inc.

Timeline Tags: Complete 911 Timeline

The 9/11 Commission’s staff team that is investigating the emergency response on 9/11 comes to the conclusion that New York City was, in author Philip Shenon’s words, “shockingly ill-prepared for the attacks.” It is clear to the investigators that former Mayor Rudy Giuliani was largely responsible for what went wrong.
Two Major Problems - One problem was that New York’s emergency command center, based on the 23rd floor of World Trade Center 7, was knocked out early in the attacks, leaving the emergency response without a focal point, and the police and fire departments set up separate command posts (see (9:05 a.m.) September 11, 2001, (9:50 a.m.-10:10 a.m.) September 11, 2001, and (After 10:28 a.m.-12:00 pm.) September 11, 2001). The command center, sometimes referred to as “Rudy’s bunker,” was criticized when it was built precisely because this problem was foreseen (see June 8, 1999). In addition, the radios used by firefighters in the World Trade Center failed to work on 9/11. The same problem was encountered during the response to the 1993 WTC bombing (see February 26, 1993), but the solution that was implemented—a repeater to boost the radios’ signal—did not work on the day of the attacks. This problem was especially grave, as many firefighters were instructed to flee the about-to-collapse towers, but did not hear the instruction due to the poor radio system and died as a result (see (Between 9:59 a.m. and 10:28 a.m.) September 11, 2001).
Tempering Criticism - However, the team, led by former New Jersey attorney general John Farmer, is aware that Giuliani’s image as a global hero after the attacks could complicate matters. Shenon will describe their thinking: “But would the Commission be willing to take on the most popular political figure in the country—the president-in-waiting, it seemed?… [Giuliani] was a hero, the embodiment of everything Americans wanted to believe about themselves about 9/11.” Therefore, “Farmer and his team always qualif[y] their criticism of the former mayor.” Nevertheless, the Commission’s two staff statements issued during the hearings about this topic in New York will be extremely critical of Giuliani. [Shenon, 2008, pp. 347-350]

Entity Tags: John Farmer, 9/11 Commission, Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline

Mohdar Abdullah is quietly deported to Yemen after spending nearly three years in US prisons. Abdullah was arrested shortly after 9/11 and held as a material witness. He was eventually charged with an immigration violation. He pled guilty to lying on an asylum application and then served a six-month sentence. However, he chose to remain imprisoned so he could fight deportation. He is a Yemeni citizen, and the US wanted to deport him to Yemen, but the Yemeni government would not take him. According to his lawyer, Yemen twice refused to admit him and only finally agreed after intense pressure from the US State Department. [San Diego Union-Tribune, 5/26/2004]
Suspicious Links to 9/11 Hijackers - Officials said in court documents that Abdullah regularly dined and prayed with 9/11 hijackers Nawaf Alhazmi, Khalid Almihdhar, and Hani Hanjour. Additionally, he helped Alhazmi and Almihdhar adjust to life in the US in a variety of ways, including help with: interpreting, computer use, finding a job, finding a place to live, obtaining Social Security cards, and obtaining driver licenses. He also worked with Alhazmi at a gas station where many other radical Islamists worked, including some who had been investigated by the FBI (see Autumn 2000). [San Diego Union-Tribune, 5/26/2004; San Diego Union-Tribune, 6/2/2004]
9/11 Commission Not Allowed to Interview Him before Deportation - The 9/11 Commission’s work is almost done by the time that Abdullah is deported; its final report will be released two months later. However, the Commission is not allowed to interview Abdullah even though he is being held in a US prison (and not in Guantanamo or some secret overseas prison). 9/11 Commission co-chair Tom Kean will later say, “He should not have been let out of the country when the 9/11 Commission wanted to interview him.” Kean will not comment on why the Commission does not or is not able to interview him before his deportation. [MSNBC, 9/8/2006]
Justice Department Will Not Delay Deportation to Help Investigation - In late 2003, new evidence emerged that Abdullah may have had foreknowledge of the 9/11 attacks. But US prosecutors decided not to charge him based on that new evidence, and the Justice Department does not even try to delay his deportation to allow investigators time to pursue the new leads (see September 2003-May 21, 2004).
FBI Will Reopen Investigation into Abdullah - The new evidence suggested that Abdullah may have learned about the 9/11 attack plans as early as the spring of 2000 (see Early 2000). He also seemed to show foreknowledge of the attacks shortly before they occurred (see Late August-September 10, 2001). By October 2004, it will be discovered that he cased the Los Angeles airport with Alhazmi and an unknown man (see June 10, 2000), and this revelation will cause the FBI to reopen its investigation into him—after he is deported (see September 2003-May 21, 2004). In September 2006, it will be reported that the investigation is still continuing. [MSNBC, 9/8/2006]

Entity Tags: Nawaf Alhazmi, Federal Bureau of Investigation, 9/11 Commission, Hani Hanjour, Mohdar Abdullah, US Department of State, Khalid Almihdhar, Thomas Kean, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Ottaway.David Ottaway. [Source: AAAS.org]According to the Oregon branch of the Islamic charitable organization the Al-Haramain Islamic Foundation, Washington Post reporter David Ottaway receives a classified document that is evidence of illegal surveillance by the National Security Agency. The document shows that the NSA illegally intercepted telephone conversations and e-mails between Al Haramain officials in Oregon and Washington, DC. The document, dated May 24, 2004 and marked “Top Secret,” is accidentally provided to Al Haramain by Treasury Department officials that same month; Al Haramain quickly turns the document over to Ottoway, who is researching Islamic groups and individuals labeled as terrorists by the US government and are attempting to prove their innocence. Instead of reporting on the document, Ottaway will return it to the FBI when that organization demands it back in November 2004. In February 2006, Al Haramain will sue the Bush administration for illegally spying on it (see February 28, 2006) as part of its warrantless wiretapping program (see After September 11, 2001 and December 15, 2005). The Treasury Department has been investigating the charitable organization for possible ties to terrorism, and designated the group as a terrorist organization. The FBI will approach the organization and then Ottaway himself, demanding that all copies of the document be returned and threatening them with prosecution if the contents are revealed. Ottaway will consult with Post editors and lawyers, who will conclude, according to Ottaway, “that it was not relevant to what I was working on at the time.” Post executive editor Leonard Downie, Jr., will defend the decision, saying, “At the time we had this document, it was before we had any knowledge of the eavesdropping program. Without that knowledge, the document provided no useful information. At the time, all we knew was that this document was not relevant to David’s reporting.” [Washington Post, 3/3/2006]

Entity Tags: US Department of the Treasury, Washington Post, Leonard Downie, Jr., Al Haramain Islamic Foundation (Oregon branch), Bush administration (43), National Security Agency, David Ottaway, Federal Bureau of Investigation

Timeline Tags: Civil Liberties, Domestic Propaganda

WAMY logo.
WAMY logo. [Source: WAMY]US agents raid the US branch of World Assembly of Muslim Youth (WAMY), a large Saudi charity. The branch was founded in 1992 by Abdullah Awad bin Laden, a nephew of Osama, and he was still listed as president of the branch in a 2002 business listing. [Weekly Standard, 4/8/2002; Washington Post, 6/2/2004] In 1996, an FBI investigation into WAMY, Abdullah Awad, and his brother Omar, was closed down, apparently for political reasons (see February-September 11, 1996). At least two of the 9/11 hijackers lived about three blocks from WAMY’s office for much of 2001 (see March 2001 and After). A new investigation of WAMY was launched one week after 9/11 (see September 14-19, 2001). All of WAMY’s files and computer files are seized; one person is arrested on immigration charges. The raid appears to have taken place because WAMY came up in a terrorism investigation of the SAAR network (see March 20, 2002), located outside Washington and relatively close to the WAMY office. A federal affidavit alleges that WAMY has ties to Hamas. [Washington Post, 6/2/2004]

Entity Tags: Federal Bureau of Investigation, Hamas, World Assembly of Muslim Youth

Timeline Tags: Complete 911 Timeline

Al-Qaeda operative Musaad Aruchi is arrested in Karachi, Pakistan, by Pakistani paramilitary forces and the CIA. Aruchi is said to be a nephew of 9/11 mastermind Khalid Shaikh Mohammed and a cousin of 1993 WTC bomber Ramzi Yousef. (Another of his nephews, Ali Abdul Aziz Ali, was captured in Karachi the year before (see April 29, 2003). CIA telephone and Internet intercepts led investigators to the apartment building where Aruchi lived. Aruchi is in frequent contact with Muhammad Naeem Noor Khan, who is in touch with al-Qaeda operatives all over the world. Aruchi is flown out of the country in an unmarked CIA plane; there have been no reports on his whereabouts since and he will not be transferred to Guantanamo Bay with other high-ranking prisoners in 2006. Noor Khan is followed and then arrested a month later (see July 13, 2004). [Washington Post, 8/3/2004; Guardian, 8/8/2004]

Entity Tags: Musaad Aruchi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Nuradin Mahamoud Abdi.Nuradin Mahamoud Abdi. [Source: Associated Press]The Justice Department announces to the press they have thwarted an imminent terror plot to bomb malls in Ohio. A Somali native residing in Ohio is charged with plotting to blow up a Columbus shopping mall. It is alleged that he was part of a group of al-Qaeda operatives. Attorney General John Ashcroft says, “The American heartland was targeted for death and destruction by an al-Qaeda cell which allegedly included a Somali immigrant who will now face justice.” The man, Nuradin Mahamoud Abdi, is alleged to have obtained refugee documentation under false pretenses and to have attended terrorist training camps in Ethiopia. Although authorities would not state how many were involved in the plot, they do name admitted al-Qaeda member Iyman Faris as a co-conspirator (see Mid-March 2003). Faris, serving a 20-year sentence for providing material support to terrorism and conspiracy to provide material support, plead guilty in May 2003 to plotting to blow up the Brooklyn Bridge and to providing sleeping bags, mobile phones, and cash to al-Qaeda operatives. He later withdrew this plea, but was subsequently convicted. [CBS News, 6/14/2004] Later it is revealed that Abdi had been arrested November 28, 2003, for his connections to terrorism, so there is nothing “imminent” in the case. Court papers filed by the government allege the existence of a plot from March 2000. His indictment isn’t announced until June 15, 2004, and it makes no mention of the shopping mall plot publicly announced the day before. [Cincinnati Post, 6/15/2004] The Justice Department announcement comes as Democratic Presidential candidate John Kerry leads President Bush by seven points in early Ohio polls. [Rolling Stone, 9/21/2006 pdf file]

Entity Tags: John Kerry, US Department of Justice, Iyman Faris, John Ashcroft, Nuradin Mahamoud Abdi

Timeline Tags: Complete 911 Timeline

The 9/11 Commission releases a new report on how the 9/11 plot developed. Most of their information appears to come from interrogations of prisoners Khalid Shaikh Mohammed (KSM), the 9/11 mastermind, and Ramzi bin al-Shibh, a key member of the al-Qaeda Hamburg cell. In this account, the idea for the attacks appears to have originated with KSM. In mid-1996, he met bin Laden and al-Qaeda leader Mohammed Atef in Afghanistan. He presented several ideas for attacking the US, including a version of the 9/11 plot using ten planes (presumably an update of Operation Bojinka’s second phase plot (see February-Early May 1995)). Bin Laden does not commit himself. In 1999, bin Laden approves a scaled-back version of the idea, and provides four operatives to carry it out: Nawaf Alhazmi, Khalid Almihdhar, Khallad bin Attash, and Abu Bara al Taizi. Attash and al Taizi drop out when they fail to get US visas. Alhazmi and Almihdhar prove to be incompetent pilots, but the recruitment of Mohamed Atta and the others in the Hamburg al-Qaeda cell solves that problem. Bin Laden wants the attacks to take place between May and July 2001, but the attacks are ultimately delayed until September. [9/11 Commission, 6/16/2004] However, information such as these accounts resulting from prisoner interrogations is seriously doubted by some experts, because it appears they only began cooperating after being coerced or tortured. For instance, it is said that KSM was “waterboarded,” a technique in which his head is pushed under water until he nearly drowns. Information gained under such duress often is unreliable. Additionally, there is a serious risk that the prisoners might try to intentionally deceive. [New York Times, 6/17/2004] For instance, one CIA report of his interrogations is called, “Khalid Shaikh Mohammed’s Threat Reporting—Precious Truths, Surrounded by a Bodyguard of Lies.” [Los Angeles Times, 6/23/2004] The Commission itself expresses worry that KSM could be trying to exaggerate the role of bin Laden in the plot to boost bin Laden’s reputation in the Muslim world. [9/11 Commission, 6/16/2004] Most of what these prisoners have said is uncorroborated from other sources. [New York Times, 6/17/2004] In 2007, it will be alleged that as much as 90 percent of KSM’s interrogation could be inaccurate, and that he has recanted some of his confessions (see August 6, 2007).

Entity Tags: Osama bin Laden, 9/11 Commission, Ramzi bin al-Shibh, Khalid Shaikh Mohammed

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

Jack Goldsmith, once considered a rising star in the Bush administration (see October 6, 2003), resigns under fire from his position as chief of the Justice Department’s Office of Legal Counsel (OLC). In his nine-month tenure, Goldsmith fought against the administration’s warrantless wiretapping program, its advocacy of torture, and its policy of extrajudicial detention and trial for terror suspects. Goldsmith will not discuss his objections to the administration’s policy initiatives until September 2007, when he will give interviews to a variety of media sources in anticipation of the publication of his book, The Terror Presidency. Goldsmith led a small, in-house revolt of administration lawyers against what they considered to be the constitutional excesses of the legal policies advocated by the administration in its war on terrorism. “I was disgusted with the whole process and fed up and exhausted,” he will recall. Goldsmith chooses to remain quiet about his resignation, and as a result, his silence will be widely misinterpreted by media, legal, and administration observers. Some even feel that Goldsmith should be investigated for his supposed role in drafting the torture memos (see January 9, 2002, August 1, 2002, and December 2003-June 2004) that he had actually opposed. “It was a nightmare,” Goldsmith will recall. “I didn’t say anything to defend myself, except that I didn’t do the things I was accused of.” [New York Times Magazine, 9/9/2007] Goldsmith will not leave until the end of July, and will take a position with the Harvard University Law School. Unlike many other Justice Department officials, he will not be offered a federal judgeship, having crossed swords with White House lawyers too many times. [Savage, 2007, pp. 191]

Entity Tags: US Department of Justice, Office of Legal Counsel (DOJ), Jack Goldsmith

Timeline Tags: Civil Liberties

Juan Jesus Sanchez Manzano.Juan Jesus Sanchez Manzano. [Source: PBS]It is revealed that the man accused of supplying the dynamite used in the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004) was an informant who had the private telephone number of the head of Spain’s Civil Guard bomb squad. Emilio Suarez Trashorras, a miner with access to explosives, as well as an associate named Rafa Zouhier both regularly informed for the Spanish police, telling them about drug shipments. [New York Times, 4/30/2004; London Times, 6/19/2004] Trashorras began working as an informant after being arrested for drug trafficking in July 2001, while Zouhier became an informant after being released from prison early in February 2002. [Irujo, 2005, pp. 277-288] Shortly after the Madrid bombings, investigators discover that Trashorras’ wife Carmen Toro has a piece of paper with the telephone number of Juan Jesus Sanchez Manzano, head of Tedax, the Civil Guard bomb squad. She and her brother Antonio Toro are also informants (September 2003-February 2004). All four of them were arrested on charges of supplying the explosives for the Madrid bombings (see March 2003 and September 2003-February 2004). [New York Times, 4/30/2004; London Times, 6/19/2004] The London Times later comments, “The revelation has raised fresh concerns in Madrid about links between those held responsible for the March bombings, which killed 190 people, and Spain’s security services, and shortcomings in the police investigation.” [London Times, 6/19/2004] Trashorras will eventually be sentenced to life in prison for his role in the bombings, Zouhier will also get a ten or more year prison term, and the Toros will be acquitted (see October 31, 2007). [MSNBC, 10/31/2007]

Entity Tags: Rafa Zouhier, Juan Jesus Sanchez Manzano, Carmen Toro, Antonio Toro, Emilio Suarez Trashorras

Timeline Tags: Complete 911 Timeline

After a search of Iraqi paramilitary records indicates a man named Hikmat Shakir Ahmad was a lieutenant colonel in Saddam Hussein’s Fedayeen, there is speculation that he is the same person as Ahmad Hikmat Shakir, an alleged Iraqi al-Qaeda operative who met one of the 9/11 hijackers during an al-Qaeda summit in Malaysia (see January 5-8, 2000), and was captured and inexplicably released after 9/11 (see September 17, 2001). The claim that the two men are the same person is used to bolster the theory that Saddam Hussein was in some way connected to 9/11, but turns out not to be true, as the two of them are found to be in different places at one time, in September 2001. [Knight Ridder, 6/12/2004; Washington Post, 6/22/2004; 9/11 Commission, 7/24/2004, pp. 502]

Entity Tags: Hikmat Shakir Ahmad, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney has called the prisoners being held by the US at Guantanamo Bay, Cuba, “the worst of a very bad lot” (see January 27, 2002) and other US officials have suggested that information from them has exposed terrorist cells and foiled attacks. But a lengthy New York Times investigation finds that US “government and military officials have repeatedly exaggerated both the danger the detainees posed and the intelligence they have provided.… In interviews, dozens of high-level military, intelligence and law-enforcement officials in the United States, Europe, and the Middle East said that contrary to the repeated assertions of senior administration officials, none of the detainees at the United States Naval Base at Guantanamo Bay ranked as leaders or senior operatives of al-Qaeda. They said only a relative handful—some put the number at about a dozen, others more than two dozen—were sworn al-Qaeda members or other militants able to elucidate the organization’s inner workings.” While some information from the prisoners has been useful to investigators, none of it has stopped any imminent attacks. Information from Guantanamo is considered “only a trickle” compared to what is being learned from prisoners held by the CIA in secret prisons elsewhere. Brig. Gen. Jay W. Hood, in charge of the task force running the prison, says, “The expectations, I think, may have been too high at the outset. There are those who expected a flow of intelligence that would help us break the most sophisticated terror organization in a matter of months. But that hasn’t happened.” Ironically, although few prisoners have been released, it appears about five have rejoined the Taliban and resumed attacks against US forces. Abdullah Laghmani, the chief of the National Security Directorate in Kandahar, Afghanistan, says, “There are lots of people who were innocent, and they are capturing them, just on anyone’s information. And then they are releasing guilty people.” [New York Times, 6/21/2004] Abdurahman Khadr, a CIA informant posing as a Guantanamo inmate for much of 2003 (see November 10, 2001-Early 2003 and Spring 2003), will later say about the prison: “There’s only, like, a 10 percent of the people that are really dangerous, that should be there. And the rest are people that, you know, don’t have anything to do with it, don’t even- you know, don’t even understand what they’re doing here.” [PBS Frontline, 4/22/2004] The Los Angeles Times reported back in August 2002 that no al-Qaeda leaders are being held at Guantanamo (see August 18, 2002). Some al-Qaeda leaders will be transferred into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Entity Tags: Abdurahman Khadr, Abdullah Laghmani, Jay W. Hood

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Attempting to stem the flow of bad publicity and world-wide criticism surrounding the revelations of torture at Abu Ghraib prison in Baghdad and similar reports from Guantanamo Bay, Attorney General Alberto Gonzales and Pentagon general counsel William J. Haynes, accompanied by Pentagon lawyer Daniel Dell’Orto, give a lengthy press conference to discuss the US’s position on interrogation and torture. Gonzales and Haynes provide reporters with a thick folder of documents, being made public for the first time. Those documents include the so-called “Haynes Memo” (see November 27, 2002), and the list of 18 interrogation techniques approved for use against detainees (see December 2, 2002 and April 16, 2003). Gonzales and Haynes make carefully prepared points: the war against terrorism, and al-Qaeda in particular, is a different kind of war, they say. Terrorism targets civilians and is not limited to battlefield engagements, nor do terrorists observe the restrictions of the Geneva Conventions or any other international rules. The administration has always acted judiciously in its attempt to counter terrorism, even as it moved from a strictly law-enforcement paradigm to one that marshaled “all elements of national power.” Their arguments are as follows:
Always Within the Law - First, the Bush administration has always acted within reason, care, and deliberation, and has always followed the law. In February 2002, President Bush had determined that none of the detainees at Guantanamo should be covered under the Geneva Conventions (see February 7, 2002). That presidential order is included in the document packet. According to Gonzales and Haynes, that order merely reflected a clear-eyed reading of the actual provision of the conventions, and does not circumvent the law. Another document is the so-called “torture memo” written by the Justice Department’s Office of Legal Counsel (see August 1, 2002). Although such legal opinions carry great weight, and though the administration used the “torture memo” for months to guide actions by military and CIA interrogators, Gonzales says that the memo has nothing to do with the actions at Guantanamo. The memo was intended to do little more than explore “the limits of the legal landscape.” Gonzales says that the memo included “irrelevant and unnecessary” material, and was never given to Bush or distributed to soldiers in the field. The memo did not, Gonzales asserts, “reflect the policies that the administration ultimately adopted.” Unfortunately for their story, the facts are quite different. According to several people involved in the Geneva decision, it was never about following the letter of the law, but was designed to give legal cover to a prior decision to use harsh, coercive interrogation. Author and law professor Phillippe Sands will write, “it deliberately created a legal black hole into which the detainees were meant to fall.” Sands interviewed former Defense Department official Douglas Feith about the Geneva issue, and Feith proudly acknowledged that the entire point of the legal machinations was to strip away detainees’ rights under Geneva (see Early 2006).
Harsh Techniques Suggested from Below - Gonzales and Haynes move to the question of where, exactly, the new interrogation techniques came from. Their answer: the former military commander at Guantanamo, Michael E. Dunlavey. Haynes later describes Dunlavey to the Senate Judiciary Committee as “an aggressive major general.” None of the ideas originated in Washington, and anything signed off or approved by White House or Pentagon officials were merely responses to requests from the field. Those requests were prompted by a recalcitrant detainee at Guantanamo, Mohamed al-Khatani (see August 8, 2002-January 15, 2003), who had proven resistant to normal interrogation techniques. As the anniversary of the 9/11 attacks approached, and fears of a second attack mounted, Dell’Orto says that Guantanamo field commanders decided “that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” Thusly, a request was processed from Guantanamo through military channels, through Haynes, and ultimately to Defense Secretary Donald Rumsfeld, who approved 15 of the 18 requested techniques to be used against al-Khatani and, later, against other terror suspects (see September 25, 2002 and December 2, 2002). According to Gonzales, Haynes, and Dell’Orto, Haynes and Rumsfeld were just processing a request from military officers. Again, the evidence contradicts their story. The torture memo came as a result of intense pressure from the offices of Rumsfeld and Vice President Cheney. It was never some theoretical document or some exercise in hypothesizing, but, Sands will write, “played a crucial role in giving those at the top the confidence to put pressure on those at the bottom. And the practices employed at Guantanamo led to abuses at Abu Ghraib.” Gonzales and Haynes were, with Cheney chief of staff David Addington and Justice Department lawyers John Yoo and Jay Bybee (the authors of the torture memo), “a torture team of lawyers, freeing the administration from the constraints of all international rules prohibiting abuse,” in Sands’s words. Dunlavey was Rumsfeld’s personal choice to head the interrogations at Guantanamo; he liked the fact that Dunlavey was a “tyrant,” in the words of a former Judge Advocate General official, and had no problem with the decision to ignore the Geneva Conventions. Rumsfeld had Dunlavey ignore the chain of command and report directly to him, though Dunlavey reported most often to Feith. Additionally, the Yoo/Bybee torture memo was in response to the CIA’s desire to aggressively interrogate another terror suspect not held at Guantanamo, Abu Zubaida (see March 28, 2002). Sands will write, “Gonzales would later contend that this policy memo did ‘not reflect the policies the administration ultimately adopted,’ but in fact it gave carte blanche to all the interrogation techniques later recommended by Haynes and approved by Rumsfeld.” He also cites another Justice Department memo, requested by the CIA and never made public, that spells out the specific techniques in detail. No one at Guantanamo ever saw either of the memos. Sands concludes, “The lawyers in Washington were playing a double game. They wanted maximum pressure applied during interrogations, but didn’t want to be seen as the ones applying it—they wanted distance and deniability. They also wanted legal cover for themselves. A key question is whether Haynes and Rumsfeld had knowledge of the content of these memos before they approved the new interrogation techniques for al-Khatani. If they did, then the administration’s official narrative—that the pressure for new techniques, and the legal support for them, originated on the ground at Guantanamo, from the ‘aggressive major general’ and his staff lawyer—becomes difficult to sustain. More crucially, that knowledge is a link in the causal chain that connects the keyboards of Feith and Yoo to the interrogations of Guantanamo.”
Legal Justifications Also From Below - The legal justification for the new interrogation techniques also originated at Guantanamo, the three assert, and not by anyone in the White House and certainly not by anyone in the Justice Department. The document stack includes a legal analysis by the staff judge advocate at Guantanamo, Lieutenant Colonel Diane Beaver (see October 11, 2002), which gives legal justifications for all the interrogation techniques. The responsibility lies ultimately with Beaver, the three imply, and not with anyone higher up the chain. Again, the story is severely flawed. Beaver will give extensive interviews to Sands, and paint a very different picture (see Fall 2006). One Naval Criminal Investigative Service (NCIS) psychologist, Mike Gelles (see December 17-18, 2002), will dispute Gonzales’s contention that the techniques trickled up the chain from lower-level officials at Guantanamo such as Beaver. “That’s not accurate,” he will say. “This was not done by a bunch of people down in Gitmo—no way.” That view is supported by a visit to Guantanamo by several top-ranking administration lawyers, in which Guantanamo personnel are given the “green light” to conduct harsh interrogations of detainees (see September 25, 2002).
No Connection between Guantanamo, Abu Ghraib - Finally, the decisions regarding interrogations at Guantanamo have never had any impact on the interrogations at Abu Ghraib. Gonzales wants to “set the record straight” on that question. The administration has never authorized nor countenanced torture of any kind. The abuses at Abu Ghraib were unauthorized and had nothing to do with administration policies. Much evidence exists to counter this assertion (see December 17-18, 2002). In August 2003, the head of the Guantanamo facility, Major General Geoffrey Miller, visited Abu Ghraib in Baghdad, accompanied by, among others, Diane Beaver (see August 31, 2003-September 9, 2003). They were shocked at the near-lawlessness of the facility, and Miller recommended to Lieutenant General Ricardo Sanchez, the supreme US commander in Iraq, that many of the same techniques used at Guantanamo be used in Abu Ghraib. Sanchez soon authorized the use of those techniques (see September 14-17, 2003). The serious abuses reported at Abu Ghraib began a month later. Gelles worried, with justification, that the techniques approved for use against al-Khatani would spread to other US detention facilities. Gelles’s “migration theory” was controversial and dangerous, because if found to be accurate, it would tend to implicate those who authorized the Guantanamo interrogation techniques in the abuses at Abu Ghraib and elsewhere. “Torture memo” author John Yoo called the theory “an exercise in hyperbole and partisan smear.” But Gelles’s theory is supported, not only by the Abu Ghraib abuses, but by an August 2006 Pentagon report that will find that techniques from Guantanamo did indeed migrate into Abu Ghraib, and a report from an investigation by former defense secretary James Schlesinger (see August 24, 2004) that will find “augmented techniques for Guantanamo migrated to Afghanistan and Iraq where they were neither limited nor safeguarded.” [White House, 7/22/2004; Vanity Fair, 5/2008]

It is reported that the Swiss government is investigate an unnamed Saudi businessman who is the former president of the Muwafaq Foundation, which is now defunct. Swiss investigators will say he is suspected of transferring tens of millions of dollars to “close al-Qaeda associates” from Swiss bank accounts. The Swiss will freeze $20 million of his bank accounts. This businessman denies any connection with terrorism (see September 19, 2005). [New York Times, 6/25/2004] The have been repeated allegations that Muwafaq funded radical militants in the Bosnian war (see 1991-1995) and had ties to bin Laden (see 1995-1998).

Entity Tags: Muwafaq Foundation, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Yaser Esam Hamdi.Yaser Esam Hamdi. [Source: Associated Press]In the case of Yaser Esam Hamdi v. Donald Rumsfeld, the Supreme Court rules 8-1 that, contrary to the government’s position, Hamdi (see December 2001), as a US citizen held inside the US, cannot be held indefinitely and incommunicado without an opportunity to challenge his detention. It rules he has the right to be given the opportunity to challenge the basis for his detention before an impartial court. Justice Sandra Day O’Connor writes for the majority: “It would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.” Hamdi, on the other hand, apart from military interrogations and “screening processes,” has received no process. Due process, according to a majority of the Court, “demands some system for a citizen detainee to refute his classification [as enemy combatant].” A “citizen-detainee… must receive notice of the factual basis for his classification, and a fair opportunity to rebut the government’s factual assertions before a neutral decision-maker.” However, O’Connor writes, “an interrogation by one’s captor… hardly constitutes a constitutionally adequate factfinding before a neutral decisionmaker.”
Conservative Dissent: President Has Inherent Power to Detain Citizens during War - Only Justice Clarence Thomas affirms the government’s opinion, writing, “This detention falls squarely within the federal government’s war powers, and we lack the expertise and capacity to second-guess that decision.” [Supreme Court opinion on writ of certiorari. Shafiq Rasul, et al. v. George W. Bush, et al., 6/28/2004] Thomas adds: “The Founders intended that the president have primary responsibility—along with the necessary power—to protect the national security and to conduct the nation’s foreign relations. They did so principally because the structural advantages of a unitary executive are essential in these domains.” [Dean, 2007, pp. 105]
'A State of War Is Not a Blank Check for the President' - The authority to hold Hamdi and other such US citizens captured on enemy battlefields derives from Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001). Justice Antonin Scalia dissents from this portion of the majority ruling, saying that because Congress had not suspended habeas corpus, Hamdi should either be charged with a crime or released. The Court also finds that if Hamdi was indeed a missionary and not a terrorist, as both he and his father claim, then he must be freed. While the Court does not grant Hamdi the right to a full criminal trial, it grants him the right to a hearing before a “neutral decision-maker” to challenge his detention. O’Connor writes: “It is during our most challenging and uncertain moments that our nation’s commitment to due process is most severely tested; and it is in these times that we must preserve our commitment at home to the principles for which we fight abroad.… We have long made clear that a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens.”
Affirms President's Right to Hold US Citizens Indefinitely - Although the media presents the ruling as an unmitigated defeat for the Bush administration, it is actually far more mixed. The White House is fairly pleased with the decision, insamuch as Hamdi still has no access to civilian courts; the administration decides that Hamdi’s “neutral decision-maker” will be a panel of military officers. Hamdi will not have a lawyer, nor will he have the right to see the evidence against him if it is classified. This is enough to satisfy the Court’s ruling, the White House decides. In 2007, author and reporter Charlie Savage will write: “[T]he administration’s legal team noted with quiet satisfaction that, so long as some kind of minimal hearing was involved, the Supreme Court had just signed off on giving presidents the wartime power to hold a US citizen without charges or a trial—forever.” The Justice Department says of the ruling that it is “pleased that the [Court] today upheld the authority of the president as commander in chief of the armed forces to detain enemy combatants, including US citizens.… This power, which was contested by lawyers representing individuals captured in the War on Terror, is one of the most essential authorities the US Constitution grants the president to defend America from our enemies.” [Savage, 2007, pp. 193-194]

Entity Tags: Sandra Day O’Connor, Antonin Scalia, Donald Rumsfeld, Yaser Esam Hamdi, Clarence Thomas, Charlie Savage

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

After 9/11 commission staffer Lorry Fenner discovers material apparently related to 9/11 in files made available to the commission by the NSA (see January 2004), a group of commission staff goes to the NSA to have a look at its archives. The group includes Fenner, as well as Lloyd Salvetti and Doug MacEachin, who have already looked at some of the material (see June 2004). The trip is at the weekend just before the commission is to complete its final report, and the group leaves Washington at 7:00 a.m. and stays “virtually all day.” They are given “huge piles of documents” to review. MacEachin will say: “There were stacks and stacks of paper. I was angry I hadn’t seen this before.” This appears to be the only trip made by the 9/11 Commission to the NSA to review documents and many NSA documents go unseen by the Commission. Author Philip Shenon will write: “[What the commission] staff knew… perfectly well, was that the NSA archives almost certainly contained other vital information about al-Qaeda and its history. But there was no time left to search for it. [Executive director Philip] Zelikow would later admit he too was worried that important classified information had never been reviewed at the NSA and elsewhere in the government before the 9/11 commission shut its doors, that critical evidence about bin Laden’s terrorist network sat buried in government files, unread to this day. By July 2004, it was just too late to keep digging.” [Shenon, 2008, pp. 373]

Entity Tags: 9/11 Commission, Doug MacEachin, Lloyd Salvetti, Lorry Fenner, National Security Agency

Timeline Tags: Complete 911 Timeline

The 9/11 Commission arranges for a final interview of CIA Director George Tenet. The Commission’s staff thinks of the interview as a “final test of Tenet’s credibility,” because they believe that both he and other CIA managers have not been telling them the full truth (see Before January 14, 2004 and January 22, 2004). In particular they want to ask him about a memorandum of notification that enabled the CIA to kill Osama bin Laden, but was not acted on (see December 24, 1998).
What Memo? - When the Commission’s Executive Director Philip Zelikow says he wants to talk about the memo, Tenet, who spent a long time revising for his sessions with the Commission (see Before January 22, 2004), replies, “What are you referring to?” Zelikow explains about the memo, but Tenet says, “I’m not sure what we’re talking about.” He then says he remembers an early draft of the memo, which did not authorize the CIA to kill bin Laden. Zelikow explains that the draft Tenet is referring to is an early version of the memo, and that a later version, apparently requested by Tenet himself, allowed the CIA to kill bin Laden. Zelikow has not been able to bring the memo with him, because it is so highly classified, and Tenet still does not remember, saying, “Well, as I say, I don’t know what you’re talking about.”
Disbelief - Author Philip Shenon will write: “Zelikow and [Commission staffer Alexis] Albion looked at each other across the table in disbelief. It was the last straw with Tenet, the final bit of proof they needed to demonstrate that Tenet simply could not tell the truth to the Commission.” Zelikow will later say that he concluded Tenet’s memory lapses were not genuine, but that “George had decided not to share information on any topic unless we already had documentary proof, and then he would add as little as possible to the record.”
False Denial - However, Tenet will deny this was the case, and say he could not remember the authorization to kill bin Laden because he had been on holiday when it was signed and transmitted to Afghanistan. [Shenon, 2008, pp. 359-360] However, the 9/11 Commission will state that this memo was “given to Tenet.” In addition, the 9/11 Commission Report calls the message in which the instructions were communicated to the assets in Afghanistan that were to kill bin Laden “CIA cable, message from the DCI.” DCI stands for director of central intelligence, Tenet’s official job title. Therefore, Tenet very probably did know about it. [9/11 Commission, 7/24/2004, pp. 132, 485]

Entity Tags: 9/11 Commission, George J. Tenet, Philip Zelikow, Central Intelligence Agency, Alexis Albion

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Navy General Counsel Alberto J. Mora writes a secret, but unclassified, memo to Vice Admiral Albert Church, who led a Pentagon investigation into abuses at the US detention facility at Guantanamo Bay. Mora writes the memo in an attempt to stop what he sees as a disastrous and unlawful policy of authorizing cruel and inhuman treatment of terror suspects. The memo details in chronological fashion Mora’s earlier attempts to speak out against the Bush administration’s decision to circumvent the Geneva Conventions (see January 9, 2002 and January 11, 2002).
Specific Problems - Mora, a veteran of the Reagan and George H. W. Bush administrations and a strong supporter of the “war on terror,” argues that a refusal to outlaw cruelty toward US-held terrorist suspects is an implicit invitation to abuse. Mora also writes that the Bush administration’s legal arguments that justify an expansion of executive power in everything from interrogations to warrantless wiretapping are “unlawful,” “dangerous,” and “erroneous” legal theories. Not only are they wrong in granting President Bush the right to authorize torture, he warns that they may leave US personnel open to criminal prosecution. While the administration has argued that it holds to humane, legal standards in interrogation practices (see January 12, 2006), Mora’s memo shows that from the outset of the administration’s “war on terror,” the White House, the Justice Department, and the Defense Department intentionally skirted and at times ignored domestic and international laws surrounding interrogation and detention of prisoners.
Cruelty and Torture - Mora will later recall the mood in the Pentagon: “The mentality was that we lost three thousand Americans [on 9/11], and we could lose a lot more unless something was done. It was believed that some of the Guantanamo detainees had knowledge of other 9/11-like operations that were under way, or would be executed in the future. The gloves had to come off. The US had to get tougher.” But, Mora will say, the authorization of cruel treatment of detainees is as pernicious as any defined torture techniques that have been used. “To my mind, there’s no moral or practical distinction,” he says. “If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole notion of individual rights. The Constitution recognizes that man has an inherent right, not bestowed by the state or laws, to personal dignity, including the right to be free of cruelty. It applies to all human beings, not just in America—even those designated as ‘unlawful enemy combatants.’ If you make this exception, the whole Constitution crumbles. It’s a transformative issue.… The debate here isn’t only how to protect the country. It’s how to protect our values.” [Mora, 7/7/2004 pdf file; New Yorker, 2/27/2006]

Entity Tags: Geneva Conventions, Richard (“Dick”) Cheney, US Department of Defense, Alberto Mora, Albert T. Church III, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Deforest B. Soaries Jr.Deforest B. Soaries Jr. [Source: MSNBC]On July 6, John Kerry named John Edwards as his running mate. [Rolling Stone, 9/21/2006 pdf file] This produced a slight increase in the opinion polls and a media focus on the Kerry campaign. [MSNBC, 6/4/2007] Two days later, Homeland Security Secretary Tom Ridge warns that “Al-Qaeda is moving forward with its plans to carry out a large-scale attack in the United States in an effort to disrupt our democratic process.” [Department of Homeland Security, 7/8/2004] Officials cite “alarming” intelligence about a possible al-Qaeda strike inside the United States this fall and admit they are reviewing a proposal that could allow for the postponement of the November presidential election in the event of an attack. Officials point to the recent Madrid train bombings as an attempt by al-Qaeda to influence the political process in a democratic nation (see 7:37-7:42 a.m., March 11, 2004). Intercepted chatter leads one analyst to say, “they want to interfere with the elections.” It is reported that the Department of Homeland Security (DHS) recently asked the Justice Department’s Office of Legal Counsel to analyze the necessary legal steps that would permit the postponement of the election were an attack to take place. [Newsweek, 7/19/2004] The head of the US Election Assistance Commission, Deforest B. Soaries Jr., confirms he has written to Tom Ridge to discuss this prospect. [MSNBC, 6/4/2007] Soaries notes that, while a primary election in New York on September 11, 2001 was suspended by the State Board of Elections after the attacks, “the federal government has no agency that has the statutory authority to cancel and reschedule a federal election.” Soaries advises Ridge to seek emergency legislation from Congress that would grant such power to the DHS. DHS spokesman Brian Roehrkasse says, “We are reviewing the issue to determine what steps need to be taken to secure the election.” [Newsweek, 7/19/2004] A top European spy says of the threat, “I am aware of no intelligence, nothing that shows there will be an attack before the US presidential election.” No attack will materialize and no further information on the threat will be presented to the public. [Rolling Stone, 9/21/2006 pdf file] Ridge will later concede that he had no “precise knowledge” of the attack he warned against, and he never made plans to raise the color-coded threat level. [Rich, 2006, pp. 146]

Entity Tags: US Election Assistance Commission, Deforest B. Soaries Jr., John Edwards, John Kerry, Tom Ridge, Brian Roehrkasse

Timeline Tags: Complete 911 Timeline, 2004 Elections

Mohammed al-Zubaidi, a former Iraqi National Congress (INC) official who worked until April 2003 to prep INC defectors with falsified stories to link the Saddam Hussein regime to the 9/11 attacks (see November 6-8, 2001), admits that the INC intentionally exaggerated information it provided to journalists. (His former boss Ahmed Chalabi has admitted the same; see February 18, 2004). “We all know the defectors had a little information on which they built big stories,” he says. INC officials will respond by calling al-Zubaidi “loony” and “childish.” [Mother Jones, 4/2006]

Entity Tags: Ahmed Chalabi, Saddam Hussein, Mohammed al-Zubaidi, Iraqi National Congress

Timeline Tags: Events Leading to Iraq Invasion

The 9/11 Commission interviews two CIA analysts who drafted an August 2001 Presidential Daily Briefing (PDB) item entitled “Bin Laden Determined to Strike in US” (see August 6, 2001). The interview is conducted mainly by commissioners Richard Ben-Veniste and Jim Thompson and follows an internal battle inside the Commission (see June 2004 and Early July 2004). Despite a claim by the Commission’s Executive Director Philip Zelikow that the analysts, known only as Barbara S and Dwayne D, were reluctant to answer questions, they are willing and eager to respond to Ben-Veniste.
PDB Item Not 'Historical' - According to author Philip Shenon, the analysts are “confused” and “appalled” by claims by National Security Adviser Condoleezza Rice and others at the White House that the PDB item only contained an “historical” overview of domestic terrorism threats. The analysts say that this was not its purpose and that it was supposed to remind President Bush that al-Qaeda remained a dire threat in August 2001 and that a domestic attack was certainly a possibility. For example, the item referred to “patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks.” Barbara S says, “That’s not historical,” and adds the threat of a domestic terror attack by al-Qaeda was thought “current and serious” at that time.
Ordered up 'In-House' - In addition, the analysts say that another claim made by the White House, that President Bush specifically ordered the PDB (see April 13, 2004), is false. They state that the PDB item was ordered “in-house” by the CIA in the hope that the White House would pay more attention to the threat. However, President Bush had asked his intelligence briefers about the possibility of a domestic attack by terrorists that summer (see July 5, 2001).
Zelikow Objects to Placement of Material in Final Report - Ben-Veniste insists that the material from the two analysts is placed prominently in the Commission’s final report, although Zelikow objects to this. After negotiations, the relevant paragraph will read as follows: “During the spring and summer of 2001, President Bush had on several occasions asked his briefers whether any of the threats pointed to the United States. Reflecting on these questions, the CIA decided to write a briefing article summarizing its understanding of this danger. Two CIA analysts involved in preparing this briefing article believed it represented an opportunity to communicate their view that the threat of a bin Laden attack in the United States remained both current and serious. The result was an article in the August 6 Presidential Daily Brief titled ‘Bin Laden Determined to Strike in US.’” [Shenon, 2008, pp. 377-379]

Entity Tags: Central Intelligence Agency, ’Barbara S’, 9/11 Commission, James Thompson, Richard Ben-Veniste, Philip Shenon, ’Dwayne D’

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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