!! History Commons Alert, Exciting News

Context of 'Early July 2004: 9/11 Commission Executive Director Zelikow Tries to Prevent Formal Interviews of CIA Analysts who Drafted Presidential Daily Brief about Bin Laden'

This is a scalable context timeline. It contains events related to the event Early July 2004: 9/11 Commission Executive Director Zelikow Tries to Prevent Formal Interviews of CIA Analysts who Drafted Presidential Daily Brief about Bin Laden. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

Page 12 of 14 (1375 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 | next

After the NSA’s warrantless wiretapping program is revealed (see Early 2002 and December 15, 2005), some commentators criticize the program. Americans have fundamental Constitutional protections that are enforceable in court whether their conversations are domestic or international, says law scholar Geoffrey Stone. Stone says that President Bush’s emphasis that NSA wiretapping only takes place on US calls to overseas phones or overseas e-mails “is no different, as far as the law is concerned, from saying we only do it on Tuesdays.” Former FBI national security law chief Michael Woods, who served in the position when Bush signed the NSA directive, calls the program “very dangerous.” Though Woods says the program was justifiable in the immediate aftermath of 9/11, “[By now] we ought to be past the time of emergency responses. We ought to have more considered views now…. We have time to debate a legal regime and what’s appropriate.” [Washington Post, 12/18/2005] Kate Martin, director of the Center for National Security Studies, says the secret order may amount to Bush authorizing criminal activity in direct violation of FISA. “This is as shocking a revelation as we have ever seen from the Bush administration,” she says. “It is, I believe, the first time a president has authorized government agencies to violate a specific criminal prohibition and eavesdrop on Americans.” The American Civil Liberties Union’s Caroline Frederickson says of the program, “It’s clear that the administration has been very willing to sacrifice civil liberties in its effort to exercise its authority on terrorism, to the extent that it authorizes criminal activity.” [Washington Post, 12/16/2005]

Entity Tags: Center for National Security Studies, Geoffrey Stone, American Civil Liberties Union, National Security Agency, Caroline Frederickson

Timeline Tags: Civil Liberties

Attorney General Alberto Gonzales and NSA chief Lieutenant General Michael Hayden conduct their own “briefing” on the recently revealed NSA wiretapping program (see December 15, 2005) with the White House press corps. Gonzales and Hayden make the following points:
bullet Gonzales says that he will not discuss the internal workings of the still-classified program, only what he calls its “legal underpinnings.”
bullet He claims that the program, which he calls “the most classified program that exists in the United States government,” is legal because President Bush authorized it, and says that the idea that “the United States is somehow spying on American citizens” is wrong: it is “[v]ery, very important to understand that one party to the communication has to be outside the United States.”
bullet He says that for the NSA to eavesdrop on a US citizen’s telephone or e-mail communications, “we have to have a reasonable basis to conclude that one party to the communication is a member of al-Qaeda, affiliated with al-Qaeda, or a member of an organization affiliated with al-Qaeda, or working in support of al-Qaeda.” The wiretapping program is an essential part of the administration’s war against terror, he says.
bullet He goes on to claim that “the authorization to use force, which was passed by the Congress in the days following September 11th, constitutes” legal grounds for “this kind of signals intelligence.” [White House, 12/19/2005] The White House signed Congress’s Authorization to Use Military Force (AUMF) into law on September 18, 2001 (see September 14-18, 2001. [White House, 9/18/2001]
Hayden Claims Supreme Court Backing - While he admits that the Congressional authorization to use force against international terrorism does not specifically mention any kind of electronic surveillance, he refers the listeners to the Supreme Court case concerning alleged US terrorist Yaser Esam Hamdi (see June 28, 2004), in which the Court ruled that Hamdi had the legal right to challenge his detention. “[T]he United States government took the position that Congress had authorized that detention in the authorization to use force, even though the authorization to use force never mentions the word ‘detention.’ And the Supreme Court, a plurality written by Justice O’Connor agreed. She said, it was clear and unmistakable that the Congress had authorized the detention of an American citizen captured on the battlefield as an enemy combatant for the remainder—the duration of the hostilities. So even though the authorization to use force did not mention the word, ‘detention,’ she felt that detention of enemy soldiers captured on the battlefield was a fundamental incident of waging war, and therefore, had been authorized by Congress when they used the words, ‘authorize the President to use all necessary and appropriate force.’ For the same reason, we believe signals intelligence is even more a fundamental incident of war, and we believe has been authorized by the Congress. And even though signals intelligence is not mentioned in the authorization to use force, we believe that the Court would apply the same reasoning to recognize the authorization by Congress to engage in this kind of electronic surveillance.”
Bush 'Very Concerned' With Protecting Civil Liberties - Gonzales insists, Bush “is very concerned about the protection of civil liberties, and that’s why we’ve got strict parameters, strict guidelines in place out at NSA to ensure that the program is operating in a way that is consistent with the President’s directives.” He adds, “[W]e feel comfortable that this surveillance is consistent with requirements of the Fourth Amendment. The touchstone of the Fourth Amendment is reasonableness, and the Supreme Court has long held that there are exceptions to the warrant requirement in—when special needs outside the law enforcement arena. And we think that that standard has been met here.”
Wiretapping Essential in Catching Terrorists - Hayden reiterates how important the wiretapping is to catching terrorists and stopping potential attacks against US targets, though he and Gonzales both refuse to say what, if any, terrorist plots or what terror suspects might have been captured through the NSA wiretapping program. Hayden does say, “This program has been successful in detecting and preventing attacks inside the United States.…I can say unequivocally, all right, that we have got information through this program that would not otherwise have been available,” though he refuses to cite specifics. He admits that there have been some errors in surveilling innocent US citizens, though he refuses to give any details, and says those errors were quickly corrected.
Administration Not Required to Go Through FISA - Gonzales, who is the main speaker in the briefing, reiterates that while the administration continues to seek warrants from the Foreign Intelligence Surveillance (FISA) court, “we are not legally required to do, in this particular case, because the law requires that we—FISA requires that we get a court order, unless authorized by a statute, and we believe that authorization has occurred.” He justifies the administration’s refusal to use the FISA court for obtaining warrants by insisting that NSA officials “tell me that we don’t have the speed and the agility that we need, in all circumstances, to deal with this new kind of enemy. You have to remember that FISA was passed by the Congress in 1978. There have been tremendous advances in technology… since then.” Hayden adds, “I don’t think anyone could claim that FISA was envisaged as a tool to cover armed enemy combatants in preparation for attacks inside the United States. And that’s what this authorization under the President is designed to help us do.”
'Balancing' of Civil Liberties, National Security - Hayden says the warrantless wiretapping program is part of “a balancing between security and liberty,” a more “aggressive” operation “than would be traditionally available under FISA. It is also less intrusive. It deals only with international calls. It is generally for far shorter periods of time. And it is not designed to collect reams of intelligence, but to detect and warn and prevent about attacks. And, therefore, that’s where we’ve decided to draw that balance between security and liberty.”
Media Leaks Damaging to National Security - Gonzales refuses to talk about when any members of Congress were briefed on the program or what they were told, but he does imply that there will be some sort of leak investigation as to how the New York Times found out about the program: “[T]his is really hurting national security, this has really hurt our country, and we are concerned that a very valuable tool has been compromised. As to whether or not there will be a leak investigation, we’ll just have to wait and see.”
No Evidence of Compromised National Security - When asked whether he can cite any evidence that the revelation of the program’s existence has actually compromised anything—“Don’t you assume that the other side thinks we’re listening to them? I mean, come on,” one reporter says—Gonzales responds, rather confusingly, “I think the existence of this program, the confirmation of the—I mean, the fact that this program exists, in my judgment, has compromised national security, as the President indicated on Saturday.”
Easier to Sidestep FISA Instead of Seek Congressional Approval - He does admit that the administration decided to sidestep the FISA court entirely instead of attempt to work with Congress to rewrite the FISA statutes because “we were advised that that would be difficult, if not impossible” to amend the law to the White House’s satisfaction. Gonzales says those who are concerned about the program being excessively intrusive or a threat to American civil liberties simply “don’t understand the specifics of the program, they don’t understand the strict safeguards within the program.… Part of the reason for this press brief today is to have you help us educate the American people and the American Congress about what we’re doing and the legal basis for what we’re doing.” He adds that any legal experts who believe the program is illegal are basing their judgments “on very limited information.”
Tough Questioning - One reporter asks an unusually tough series of questions to Gonzales: “Do you think the government has the right to break the law?”, to which Gonzales replies, “Absolutely not. I don’t believe anyone is above the law.” The reporter then says, “You have stretched this resolution for war into giving you carte blanche to do anything you want to do,” to which Gonzales replies cryptically, “Well, one might make that same argument in connection with detention of American citizens, which is far more intrusive than listening into a conversation.” The reporter insists, “You’re never supposed to spy on Americans,” and Gonzales deflects the responsibility for the decision back onto the Supreme Court.
Administration Will Tell Nation What It Needs to Know - Gonzales says the administration has no intention of releasing any of the classified legal opinions underpinning the program, and this press briefing is one of the methods by which the administration will “educat[e] the American people…and the Congress” to give them what they need to know about the program. [White House, 12/19/2005]

Entity Tags: White House press corps, Michael Hayden, Al-Qaeda, National Security Agency, Alberto R. Gonzales, George W. Bush, Foreign Intelligence Surveillance Court

Timeline Tags: Civil Liberties

DARPA logo.DARPA logo. [Source: Duke University]The computer and technology experts at Ars Technica, a well-regarded Web publication which describes itself as focusing on “the art of technology,” speculate on the technology behind the NSA warrantless wiretapping program recently revealed to the public (see December 15, 2005). The Ars Technica experts believe that Senator Jay Rockefeller (D-WV)‘s 2003 comparison between the program and the Total Information Awareness (TIA) project (see March 2002) is the most apt. They believe that the NSA wiretapping program may be built upon the foundation of a shadowy, highly classified surveillance program called Echelon. They write, “This system’s purpose would be to monitor communications and detect would-be terrorists and plots before they happen… This project is not interested in funding ‘evolutionary’ changes in technology, e.g., bit-step improvements to current data mining and storage techniques. Rather, the amount of data that the directors are anticipating (petabytes!) would require massive leaps in technology (and perhaps also some massive leaps in surveillance laws).” [Ars Technica, 12/20/2005; Ars Technica, 2007] Data storage measured in petabytes is a colossal capacity; a petabyte is 1,024 terabytes, and a single terabyte is 1,024 gigabytes, the usual measurement for hard drive capacity. [TechTerms, 2007] The Ars Technica experts continue, “According to DARPA, such data collection ‘increases information coverage by an order of magnitude,’ and ultimately ‘requires keeping track of individuals and understanding how they fit into models.’” They go on to note that the NSA wiretapping program was instituted shortly after the TIA project was quashed by Congress, and say they believe the NSA program is an extension and an outgrowth of TIA. They note that “the FBI requested the legal authorization to do very high-volume monitoring of digital calls” in 1995, that there is “no way for the judicial system to approve warrants for the number of calls that the FBI wanted to monitor,” and that the FBI “could never hire enough humans to be able to monitor that many calls simultaneously, which means that they’d have to use voice recognition technology to look for ‘hits’ that they could then follow up on with human wiretaps.” The Ars Technica experts believe the NSA is using “some kind of high-volume, automated voice recognition and pattern matching system,” employing a form of “smart filtering” that would weed through perhaps hundreds of thousands of computer-monitored calls and turning a fraction of those calls over to human analysts for evaluation: “[Y]es, this kind of real-time voice recognition, crude semantic parsing and pattern matching is doable with today’s technology, especially when you have a budget like the NSA.” In a follow-up, Ars Technica technology specialist and self-described conservative and “privacy nazi” Jon Stokes writes of his own concerns over the program, noting that the program is too wide-reaching and too blunt to actually catch many real terrorists, and that the program is a tremendous intrusion into Americans’ fundamental privacy: “The problem is not that such large-scale industrial fishing invariably catches a few dolphins along with the tuna, but that between 99.999 and 100 percent of what you’re going to get is dolphin.” Stokes also warns that such an intrusive surveillance program will not only violate privacy rights, but be quite ineffective: “As the TSA, with its strip-searching of people’s elderly grandparents, abundantly proves every holiday season, blunt instruments and scorched earth tactics are of dubious value in catching genuine bad actors. In fact, blunt instruments and wide nets are the easiest for professional bad guys to evade. All you need to beat such surveillance tools is patience and know-how.…Blunt instruments like airport facial recognition software and random subway bag searches produce much more noise than they do signal, and any engineer or computer scientist worth his or her salt will tell you that an intelligent, targeted, low-tech approach beats a brute-force high-tech approach every time. There is no high-tech substitute for human intelligence gathering. In fact…an overload of crudely processed information is actually more likely to lead an analyst astray than it is to produce any useful insight.…In the end, brute force security techniques are not only corrosive to democratic values but they’re also bad for national security. They waste massive resources that could be spent more effectively elsewhere, and they give governments and countries a false sense of security that a savvy enemy can exploit to devastating effect.…[I]t’s not just enough to have sound intelligence; you also need political leaders who have the wisdom to use that intelligence appropriately.” [Ars Technica, 12/20/2005]

Entity Tags: Transportation Safety Administration, Total Information Awareness, Federal Bureau of Investigation, John D. Rockefeller, Defense Advanced Research Projects Agency, Jon Stokes, National Security Agency

Timeline Tags: Civil Liberties

Jonathan Alter.Jonathan Alter. [Source: Publicity photo via Greater Talent Network]Reporter and political pundit Jonathan Alter writes that President Bush’s attempt to kill the New York Times domestic wiretapping story (see December 15, 2005 and December 6, 2005), which the Times delayed for over a year at the White House’s request, is not an attempt to protect national security, as Bush will say in his response to the article (see December 17, 2005), but “because he knew that it would reveal him as a law-breaker.” Alter continues, “He insists he had ‘legal authority derived from the Constitution and Congressional resolution authorizing force.’ But the Constitution explicitly requires the president to obey the law. And the post-9/11 congressional resolution authorizing ‘all necessary force’ in fighting terrorism was made in clear reference to military intervention. It did not scrap the Constitution and allow the president to do whatever he pleased in any area in the name of fighting terrorism.” Alter is puzzled that Bush felt the need for the program when the 1978 Foreign Intelligence Surveillance Act (see 1978) “allows the government to eavesdrop on its own, then retroactively justify it to the court, essentially obtaining a warrant after the fact.” Alter says that only four of “tens of thousands” of FISA requests have ever been rejected, and, “There was no indication the existing system was slow—as the president seemed to claim in his press conference—or in any way required extra-constitutional action.” He concludes: “[Bush] knew publication would cause him great embarrassment and trouble for the rest of his presidency. It was for that reason—and less out of genuine concern about national security—that George W. Bush tried so hard to kill the New York Times story. …We’re seeing clearly now that Bush thought 9/11 gave him license to act like a dictator, or in his own mind, no doubt, like Abraham Lincoln during the Civil War.” [Newsweek, 12/21/2005]

Entity Tags: Abraham Lincoln, Bush administration (43), National Security Agency, New York Times, George W. Bush, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act, Jonathan Alter

Timeline Tags: Civil Liberties

Chart showing NSA surveillance network.Chart showing NSA surveillance network. [Source: NSA Watch] (click image to enlarge)The National Security Agency has built a far larger database of information collected from warrantless surveillance of telephone and Internet communications to and from US citizens than the NSA or the Bush administration has acknowledged (see October 2001). On December 15, the New York Times exposed the NSA’s program (see December 15, 2005), which was authorized by President Bush in early 2002 (see Early 2002), but which actually began far earlier (see Spring 2001). The NSA built its database with the cooperation of several major American telecommunications firms (see June 26, 2006), and much of the information was mined directly into the US telecommunications system’s major connections. Many law enforcement and judicial officials question the legality of the program (see May 12, 2006 and December 18, 2005), and many say the program goes beyond the bounds of the Foreign Intelligence Surveillance Act (see 1978). One question is whether the FISA Court, or FISC, can authorize monitoring of international communications that pass through US-based telephonic “switches,” which handle much of the US’s electronic communications traffic. “There was a lot of discussion about the switches” in conversations with FISC, says a Justice Department official. “You’re talking about access to such a vast amount of communications, and the question was, How do you minimize something that’s on a switch that’s carrying such large volumes of traffic? The court was very, very concerned about that.” While Bush and his officials have insisted that the warrantless wiretaps only target people with known links to al-Qaeda, they have not acknowledged that NSA technicials have not only eavesdropped on specific conversations between people with no known links to terrorism, but have combed through huge numbers of electronic communications in search of “patterns” that might point to terrorism suspects. Such “pattern analysis” usually requires court warrants before surveillance can begin, but in many cases, no such warrants have been obtained or even requested. Other, similar data-mining operations, such as the Total Information Awareness program, developed by the Defense Department to track terror suspects (see March 2002), and the Department of Homeland Security’s CAPPS program, which screened airline passengers (see (6:20 a.m.-7:48 a.m.) September 11, 2001), were subjected to intense public scrutiny and outrage, and were publicly scrapped. The Bush administration has insisted that it has no intention of scrapping the NSA’s warrantless wiretapping program, because, as its officials have said, it is necessary to identify and track terrorism suspects and foil terrorist plots before they can be hatched. Administration officials say that FISC is not quick enough to respond to its need to respond to potential terrorist acts. A former technology manager at a major telecommunications company says that after 9/11, the leading telecom firms have been storing information on calling patterns and giving it to the federal government to aid in tracking possible terrorists. “All that data is mined with the cooperation of the government and shared with them, and since 9/11, there’s been much more active involvement in that area,” says the former manager. “If they get content, that’s useful to them too, but the real plum is going to be the transaction data and the traffic analysis. Massive amounts of traffic analysis information—who is calling whom, who is in Osama Bin Laden’s circle of family and friends—is used to identify lines of communication that are then given closer scrutiny.” And, according to a government expert on communications privacy who used to work at the NSA, says that in the last few years, the government has quietly encouraged the telecom firms to rout more international traffic through its US-based switches so it can be monitored. Such traffic is not fully addressed by 1970s-era laws that were written before the onset of modern communications technology; neither does FISA adequately address the issues surrounding that technology. Computer engineer Phil Karn, who works for a major West Coast telecom firm, says access to those switches is critical: “If the government is gaining access to the switches like this, what you’re really talking about is the capability of an enormous vacuum operation to sweep up data.” [New York Times, 12/24/2005]

Entity Tags: US Department of Defense, US Department of Justice, Total Information Awareness, New York Times, US Department of Homeland Security, Computer Assisted Passenger Prescreening System, Bush administration (43), Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, George W. Bush, National Security Agency, Phil Karn

Timeline Tags: Civil Liberties

Suzanne Spaulding, a former counsel for the CIA, the Senate and House intelligence commission, and executive director of the National Terrorism Commission from 1999 through 2000, writes an op-ed criticizing the Bush administration for its domestic surveillance program. She writes that the three main sources of oversight and restraint on Bush’s unfettered efforts to monitor US citizens—Congress, the judiciary, and the American people—have failed to halt what she calls “this extraordinary exercise of presidential power.” Spaulding, who will testify along similar lines before the Senate over a year later (see April 11, 2007), writes, “Ironically, if it is ultimately determined that this domestic surveillance program reflects the exercise of unchecked power in contravention of law, it will wind up weakening the presidency. Once again, we will confront the challenge of restoring Americans’ faith in the rule of law and our system of checks and balances.” The pretense of oversight by the administration, in providing limited and perhaps misleading briefings on the program only to the so-called “Gang of Eight” Congressional leaders, is superficial and ineffective, she writes; the entire process “effectively eliminates the possibility of any careful oversight.” She notes that because of the severe restrictions both in the information doled out to these Congressional leaders, and their strict prohibition on discussing the information with anyone else, even other intelligence panel members, “[i]t is virtually impossible for individual members of Congress, particularly members of the minority party, to take any effective action if they have concerns about what they have heard in one of these briefings. It is not realistic to expect them, working alone, to sort through complex legal issues, conduct the kind of factual investigation required for true oversight and develop an appropriate legislative response.” Congressional oversight is key to retaining the trust of the US citizenry, she writes, and adds that that particular principle was well understood at the CIA while she was there. Oversight “is vital for a secret agency operating in a democracy. True oversight helps clarify the authority under which intelligence professionals operate. And when risky operations are revealed, it is important to have members of Congress reassure the public that they have been overseeing the operation. The briefings reportedly provided on the National Security Agency (NSA) surveillance program reflect, instead, a ‘check the box’ mentality—allowing administration officials to claim that they had informed Congress without having really achieved the objectives of oversight.” While those few members of Congress are given little real information, the judiciary, particularly the Foreign Intelligence Surveillance Court (FISC), is cut out of the process entirely. “Instead of going to a judge on the secret court that was specifically established to authorize foreign intelligence surveillance inside the United States, we are told that an NSA shift supervisor was able to sign off on the warrantless surveillance of Americans,” she writes. “That’s neither a check nor a balance. The primary duty of the NSA shift supervisor, who essentially works for the president, is to collect intelligence. The task of the judge is to ensure that the legal standards set out in the 1978 Foreign Intelligence Surveillance Act (FISA) have been met. Which one has stronger independence to say no, if no needs to be said? The objectives of the surveillance program, as described in news reports, seem laudable. The government should be running to ground the contacts listed in a suspected terrorist’s cell phone, for example. What is troubling is that this domestic spying is being done in apparent contravention of FISA, for reasons that still are not clear.” In her piece she takes issue with the Bush administration’s insistence that its surveillance program is legal and necessary. She makes the following case:
Specious Arguments to Duck FISA Court - The argument that the FISA Court is too slow to respond to immediate needs for domestic surveillance is specious, she says. “FISA anticipates situations in which speed is essential. It allows the government to start eavesdropping without a court order and to keep it going for a maximum of three days. And while the FISA application process is often burdensome in routine cases, it can also move with remarkable speed when necessary, with applications written and approved in just a few hours.” Instead, she says that the Bush administration must have dodged FISC because their wiretaps didn’t meet FISA standards of probable cause. Since FISC is staffed by judges hand-picked by conservative then-Supreme Court Chief Justice William Rehnquist, “who presumably felt that they had the right temperament and expertise to understand the national security imperatives as well as the need to protect civil liberties,” and since FISC has granted all but four of the more than 5,645 requests for wiretaps and surveillance made by the administration since 2001, to argue that FISC is unresponsive is simply wrong-headed. And, she notes, if the administration felt that FISA’s standards were too strict, it could have moved to amend the law to allow more leniency in obtaining such warrants. It has not done so since the passage of the 2001 Patriot Act. She writes, “The administration reportedly did not think it could get an amendment without exposing details of the program. But this is not the first time the intelligence community has needed a change in the law to allow it to undertake sensitive intelligence activities that could not be disclosed. In the past, Congress and the administration have worked together to find a way to accomplish what was needed. It was never previously considered an option to simply decide that finding a legislative solution was too hard and that the executive branch could just ignore the law rather than fix it.”
No Justification for Keeping Program Secret - In addition, the administration has consistently failed to make a case for keeping the domestic wiretapping policy secret for four years. US-designated terrorist groups already know that the government listens to their cell phone conversations whenever possible, and they are well aware of the various publicly known programs to search through millions of electronic communications, such as the NSA’s Echelon program (see April 4, 2001). “So what do the terrorists learn from a general public discussion about the legal authority being relied upon to target their conversations?” she asks. “Presumably very little. What does the American public lose by not having the public discussion? We lose the opportunity to hold our elected leaders accountable for what they do on our behalf.”
Assertions that Program Authorized by Congress Fallacious - The argument advanced by Attorney General Alberto Gonzales that says the program does not violate the law because Congress’s post-9/11 authorization of force against terrorists gives the administration the right to circumvent FISA is equally specious, she argues. “FISA does provide for criminal penalties if surveillance is conducted under color of law ‘except as authorized by statute.’ This is a reference to either FISA or the criminal wiretap statute. A resolution, such as the Use of Force resolution, does not provide statutory authority. Moreover, FISA specifically provides for warrantless surveillance for up to 15 days after a declaration of war. Why would Congress include that provision if a mere Use of Force resolution could render FISA inapplicable? The law clearly states that the criminal wiretap statute and FISA are ‘the exclusive means by which electronic surveillance…and the interception of domestic wire, oral, and electronic communications may be conducted.’ If these authorities are exclusive, there is no other legal authority that can authorize warrantless surveillance. Courts generally will not view such a clear statutory statement as having been overruled by a later congressional action unless there is an equally clear indication that Congress intended to do that.” Therefore, by any legal standard, the administration’s program is, apparently, illegal.
No Inherent Presidential Authority - The ultimate argument by Bush officials, that the president has some sort of inherent authority as commander-in-chief to authorize illegal wiretaps, is the same groundless legal argument recently used to justify the use of torture by US intelligence and law enforcement agents (see December 28, 2001). That argument was withdrawn, Spaulding notes, after it became publicly known. While the courts have not specifically ruled on this particular argument, Spaulding notes that the Supreme Court refused to recognize then-President Harry Truman’s attempt to seize control of the nation’s steel mills to avert a possible strike during the Korean War. The Supreme Court ruled “that the president’s inherent authority is at its weakest in areas where Congress has already legislated. It ruled that to find inherent presidential authority when Congress has explicitly withheld that authority—as it has in FISA—‘is not merely to disregard in a particular instance the clear will of Congress. It is to disrespect the whole legislative process and the constitutional division of authority between president and Congress.’” She notes that in 2004, the Supreme Court rejected the argument for unchecked presidential power in the Hamdi case (see June 28, 2004), with Justice Sandra Day O’Connor writing for the court, “We have long since 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. …Whatever power the United States Constitution envisions for the Executive in its exchanges with… enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake.” Spaulding concludes, “The rule of law and our system of checks and balances are not a source of weakness or a luxury of peace. As O’Connor reminded us in Hamdi, ‘It is during our most challenging and uncertain moments…that we must preserve our commitment at home to the principles for which we fight abroad.’” [Washington Post, 12/25/2005]

Entity Tags: Sandra Day O’Connor, William Rehnquist, USA Patriot Act, Suzanne Spaulding, National Security Agency, US Supreme Court, Harry S. Truman, Alberto R. Gonzales, “Gang of Eight”, National Commission on Terrorism, Central Intelligence Agency, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Echelon, Bush administration (43)

Timeline Tags: Civil Liberties

According to authors Joe and Susan Trento, writing in 2006, the CIA places employees undercover with both airlines and the Federal Air Marshal Service, as a part of a program to allow known terrorists to keep flying (see May 2006). The undercover employees allow the CIA to control arrangements when it wants a terrorist to fly openly without the airlines’ or Marshal Service’s knowledge. [Trento and Trento, 2006, pp. 194] One example of this is travel in 2006 by Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour. Abdullah is allowed to fly to New Zealand for flight training in the hope he will meet al-Qaeda operatives, who will then be put under surveillance (see February-May 30, 2006).

Entity Tags: Joseph Trento, Federal Air Marshal Service, Susan Trento, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

After 9/11 there was much discussion about how hijackers Nawaf Alhazmi and Khalid Almihdhar were able to participate in an operation like 9/11, even though they were well known to US intelligence (see, for example, January 5-8, 2000, Early 2000-Summer 2001, and 9:53 p.m. September 11, 2001).
FBI Theory - Based on conversations with FBI agents, author Lawrence Wright speculates on why the CIA withheld information it should have given the FBI: “Some… members of the [FBI’s] I-49 squad would later come to believe that the [CIA] was shielding Almihdhar and Alhazmi because it hoped to recruit them.… [They] must have seemed like attractive opportunities; however, once they entered the United States they were the province of the FBI. The CIA has no legal authority to operate inside the country, although in fact, the bureau often caught the agency running backdoor operations in the United States.… It is also possible, as some FBI investigators suspect, the CIA was running a joint venture with Saudi intelligence in order to get around that restriction. Of course, it is also illegal for foreign intelligence services to operate in the United States, but they do so routinely.” [Wright, 2006, pp. 312-313]
Explanation of Acquired Visas - This theory offers a possible explanation, for example, of how Almihdhar and Alhazmi managed to move in and out of Saudi Arabia and obtain US visas there even though they were supposedly on the Saudi watch list (see 1997 and April 3-7, 1999), and why a Saudi agent in the US associated with them (see January 15-February 2000). Wright points out that “these are only theories” but still notes that “[h]alf the guys in the Bureau think CIA was trying to turn them to get inside al-Qaeda.” [Wright, 2006, pp. 313; Media Channel, 9/5/2006]
Participant Does Not Know - Doug Miller, an FBI agent loaned to the CIA who was part of a plot to withhold the information from the FBI (see 9:30 a.m. - 4:00 p.m. January 5, 2000), will indicate he does not know why he was ordered to withhold the information, but that his superiors may have had a good reason for keeping it from the FBI. Another intelligence source will claim that the CIA withheld the information to keep the FBI away from a sensitive operation to penetrate al-Qaeda. [Congressional Quarterly, 10/1/2008]
CIA Wanted to Keep FBI Off Case - Another unnamed FBI agent loaned to Alec Station before 9/11 will say: “They didn’t want the bureau meddling in their business—that’s why they didn’t tell the FBI. Alec Station… purposely hid from the FBI, purposely refused to tell the bureau that they were following a man in Malaysia who had a visa to come to America. The thing was, they didn’t want… the FBI running over their case.” [Bamford, 2008, pp. 20]
Similar Explanation - Wright is not the first to have made the suggestion that Alhazmi and Almihdhar were protected for recruitment purposes. Investigative journalist Joe Trento reported in 2003 that a former US intelligence official had told him that Alhazmi and Almihdhar were already Saudi Arabian intelligence agents when they entered the US (see August 6, 2003).

Entity Tags: Nawaf Alhazmi, Lawrence Wright, Doug Miller, Saudi General Intelligence Directorate, Central Intelligence Agency, Khalid Almihdhar, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation.Vice President Cheney mentioned NSA intercepts of the 9/11 hijackers’ calls in a speech to the Heritage Foundation. [Source: David Bohrer / White House]Vice President Dick Cheney uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Cheney points out that, “There are no communications more important to the safety of the United States than those related to al-Qaeda that have one end in the United States,” and says that if the NSA’s warrantless program had been implemented before 9/11, “we might have been able to pick up on two hijackers [Nawaf Alhazmi and Khalid Almihdhar] who subsequently flew a jet into the Pentagon.” He adds: “They were in the United States, communicating with al-Qaeda associates overseas. But we did not know they were here plotting until it was too late.” [White House, 1/4/2006] Other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005).

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, Richard (“Dick”) Cheney

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

John Yoo’s ‘The Powers of War and Peace.’John Yoo’s ‘The Powers of War and Peace.’ [Source: University of Maryland]Libertarian law professor Cass Sunstein reviews a recent book by former Bush legal adviser John Yoo, who authored several of the Bush administration’s most controversial legal opinions concerning terrorism and executive power (see September 21, 2001, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 6-10, 2001, November 15, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24, 2002, January 24-26, 2002, March 13, 2002, April 8, 2002, June 27, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and October 11, 2002). Yoo’s book, The Powers of War and Peace: The Constitution and Foreign Affairs After 9/11, is a compendium of his pre-9/11 academic writings that landed him his job at the Justice Department’s Office of Legal Counsel. Sunstein notes that Yoo, perhaps more than any other single legal scholar, has reshaped the government’s legal stance on any number of issues. He argued for the president’s unilateral ability to declare war without the approval of Congress, the use of “enhanced interrogation techniques” on suspected terrorists, the withdrawal of essential civil liberties and legal rights from suspected terrorists and enemy collaborators, the right of the administration to electronically eavesdrop on the American citizenry without judicial consent or oversight, the ability to ignore or withdraw from international treaties without congressional approval, and more besides. Sunstein writes: “[T]aken as a whole, the claims of the Bush administration may be properly regarded as an effort to create a distinctive set of constitutional understandings for the post-September 11 era. The White House is attempting to create a kind of 9/11 Constitution. A defining feature of these understandings is a strong commitment to inherent presidential authority over national security, including a belief that in crucial domains the president can act without congressional permission, and indeed cannot be checked by congressional prohibitions.” Yoo is a key figure in that effort. Sunstein calls his work interesting but completely one-sided, simply ignoring “the mountainous counter-evidence” against most of his constitutional claims. “Yoo’s reading would require us to ignore far too many statements by prominent figures in the founding generation,” Sunstein writes. “There are not many issues on which James Madison, Thomas Jefferson, John Marshall, Alexander Hamilton, George Washington, James Wilson, John Adams, and Pierce Butler can be said to agree. Were all of them wrong?” Sunstein concludes: “[W]ith respect to war, there is no reason for a 9/11 Constitution. The old one, read in the light of our traditions, will do just fine.” [New Republic, 1/9/2006; Savage, 2007, pp. 81-82]

Entity Tags: Bush administration (43), Office of Legal Counsel (DOJ), John C. Yoo, Cass Sunstein

Timeline Tags: Civil Liberties

It had been widely reported that the Saudi government began to crack down seriously on al-Qaeda and other radical militants after a 2003 al-Qaeda attack in Saudi Arabia (see May 12, 2003). However, the Los Angeles Times reports that US officials now claim that is not true. While Saudis have been very aggressive and cooperative in cracking down on militants within Saudi Arabia since that attack, they have done little outside the country. Millions of dollars continue to flow from wealthy Saudis through charity fronts to al-Qaeda and other suspected groups, and the Saudi government is doing next to nothing about it. In 2004, the Saudis promised to set up a government commission to police such groups, but they have yet to do so. The Saudi government has also done little to rein in influential radical religious leaders who openly encourage their followers to attack US interests in Iraq and elsewhere in the world. US officials claim that at least five organizations, including the Muslim World League (MWL), the International Islamic Relief Organization (IIRO), and the World Assembly of Muslim Youth (WML), “are headquartered in Saudi Arabia but continue to engage in highly suspect activity overseas.” A senior US counterterrorism official says that some known terrorist financiers continue to “operate and live comfortably in Saudi Arabia” despite US objections. [Los Angeles Times, 1/15/2006]

Entity Tags: Saudi Arabia, International Islamic Relief Organization, Muslim World League, World Assembly of Muslim Youth

Timeline Tags: Complete 911 Timeline

Al Gore speaks to the Liberty Coalition and the American Constitution Society.Al Gore speaks to the Liberty Coalition and the American Constitution Society. [Source: American Constitution Society]Former Vice President Al Gore delivers a long, impassioned speech on civil liberties and constitutional issues to the Liberty Coalition and the American Constitution Society. Gore joins former Representative Bob Barr (R-GA) in speaking out against the Bush administration’s infringement on American civil liberties. Gore and Barr have what Gore calls a “shared concern that America’s Constitution is in grave danger.”
Patently Illegal Domestic Surveillance - Gore’s speech is sparked by recent revelations that the NSA has been spying on American citizens for years (see December 15, 2005), and in response, the administration “has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress precisely to prevent such abuses.” As the Foreign Intelligence and Surveillance Act (FISA) is perfectly sufficient, there was no need for the Bush administration to circumvent that law. “At present, we still have much to learn about the NSA’s domestic surveillance,” Gore says. “What we do know about this pervasive wiretapping virtually compels the conclusion that the president of the United States has been breaking the law, repeatedly and insistently. A president who breaks the law is a threat to the very structure of our government.” Gore says he agrees with Bush on the threat of terrorism, but disagrees that the US has to “break the law or sacrifice our system of government” to protect itself, as this will make it “weaker and more vulnerable.” In addition, he says, “once violated, the rule of law is itself in danger,” and, “Unless stopped, lawlessness grows, the greater the power of the executive grows, the more difficult it becomes for the other branches to perform their constitutional roles.” It is patently obvious that the Bush administration has broken the law in conducting and approving its warrantless wiretaps, Gore says, regardless of what arguments and defenses administration officials may put forth (see September 12-18, 2001 and Early 2002). So, Gore says, “When President Bush failed to convince Congress to give him the power he wanted when this measure was passed, he secretly assumed that power anyway, as if Congressional authorization was a useless bother. But as [Supreme Court] Justice [Felix] Frankfurter once wrote, ‘To find authority so explicitly withheld is not merely to disregard in a particular instance the clear will of Congress. It is to disrespect the whole legislative process and the constitutional division of authority between the president and the Congress.‘… And the disrespect embodied in these apparent mass violations of the law is part of a larger pattern of seeming indifference to the Constitution that is deeply troubling to millions of Americans in both political parties.”
Illegal Seizure of American Citizens - Gore notes that Bush has declared that he has “a heretofore unrecognized inherent power to seize and imprison any American citizen that he alone determines to be a threat to our nation, and that notwithstanding his American citizenship that person in prison has no right to talk with a lawyer, even if he wants to argue that the president or his appointees have made a mistake and imprisoned the wrong person” (see November 13, 2001 and March 5, 2002). He says: “The president claims that he can imprison that American citizen—any American citizen he chooses—indefinitely, for the rest of his life, without even an arrest warrant, without notifying them of what charges have been filed against them, without even informing their families that they have been imprisoned.” Gore then says: “No such right exists in the America that you and I know and love. It is foreign to our Constitution. It must be rejected.”
Specious Authority to Torture - Neither does the executive branch have the right to authorize torture, Gore says. After citing horrific examples from Guantanamo and Abu Ghraib, he calls it “a shameful exercise of power that overturns a set of principles that you’re nation has observed since General George Washington first enunciated them during our Revolutionary War. They have been observed by every president since then until now. They violate the Geneva Conventions, the International Convention Against Torture, and our own laws against torture.”
Unlawful Kidnapping of Foreign Citizens - The president has no right to have foreign citizens kidnapped from their homes and brought to the US for interrogation and imprisonment, or worse, delivered to other nations for harsh interrogations and torture, says Gore. The closest allies of the US have been shocked by such claims.
No Restraint in the Constitution? - Gore asks whether the president really has such powers under the Constitution and, if so, “are there any acts that can on their face be prohibited?” He quotes the dean of Yale’s law school, Harold Koh, who said, “If the president has commander in chief power to commit torture, he has the power to commit genocide, to sanction slavery, to promote apartheid, to license summary execution.” Gore is “deeply troubl[ed]” that “our normal American safeguards have thus far failed to contain this unprecedented expansion of executive power.” He cites the numerous usage of “signing statements” by Bush that signal his intent “not to comply” with particular legislation (see December 30, 2005). When the Supreme Court struck down Bush’s indefinite detention of “enemy combatants” (see June 28, 2004), “the president then engaged in legal maneuvers designed to prevent the court from providing any meaningful content to the rights of the citizens affected.”
Historical Cycles - Since the founding of America, Gore says, the country has abrogated its citizens’ rights in one circumstance or another, and cites numerous examples. But those abrogations were always rectified to some degree in a repeated cycle of what he calls “excess and regret.” Gore is worried that the country may not be in such a cycle now. Instead, he says, the US may be on a path to permanent, state-sanctioned authoritarianism, with the constitutional safeguards American citizens have come to expect eroded and undermined to the point of irretrievability. Gore specifically cites the administration’s support for the so-called “unitary executive” theory of government, which he says “ought to be more accurately described as the unilateral executive.” That theory “threatens to expand the president’s powers until the contours of the Constitution that the framers actually gave us become obliterated beyond all recognition.”
Stark Authoritarianism - Why are Bush and his top officials doing this? Gore says that “[t]he common denominator seems to be based on an instinct to intimidate and control. The same pattern has characterized the effort to silence dissenting views within the executive branch, to censor information that may be inconsistent with its stated ideological goals, and to demand conformity from all executive branch employees.” Gore continues: “Intellectually, it is possible to carry on this process for an indefinite time. The only check on it is that, sooner or later, a false belief bumps up against solid reality, usually on a battlefield. Two thousand two hundred American soldiers have lost their lives as this false belief bumped into a solid reality.”
Gutting Congress - Though serious damage has been done to the judicial branch, Gore acknowledges, “the most serious damage in our constitutional framework has been to the legislative branch. The sharp decline of Congressional power and autonomy in recent years has been almost as shocking as the efforts by the executive to attain this massive expansion of its power.… [T]he legislative branch of government as a whole, under its current leadership, now operates as if it were entirely subservient to the executive branch.… [T]he whole process is largely controlled by the incumbent president and his political organization” (see February 1, 2004). Gore says each member of Congress, Republican and Democrat, must “uphold your oath of office and defend the Constitution. Stop going along to get along. Start acting like the independent and co-equal branch of American government that you are supposed to be under the Constitution of our country.”
We the People - The American people still, for the moment, have the power to enforce the Constitution, Gore says, quoting former President Dwight Eisenhower, who said, “Any who act as if freedom’s defenses are to be found in suppression and suspicion and fear confess a doctrine that is alien to America.” Gore continues: “Fear drives out reason. Fear suppresses the politics of discourse and opens the door to the politics of destruction.… The founders of our country faced dire threats. If they failed in their endeavors, they would have been hung as traitors. The very existence of our country was at risk. Yet in the teeth of those dangers, they insisted on establishing the full Bill of Rights. Is our Congress today in more danger than were their predecessors when the British army was marching on the Capitol? Is the world more dangerous than when we faced an ideological enemy with tens of thousands of nuclear missiles ready to be launched on a moment’s notice to completely annihilate the country?” [Congressional Quarterly, 1/16/2006; American Constitutional Society, 1/16/2006]

Entity Tags: National Security Agency, Liberty Coalition, US Supreme Court, Harold Koh, George W. Bush, Albert Arnold (“Al”) Gore, Jr., American Constitution Society, Bush administration (43), Convention Against Torture, Felix Frankfurter, George Washington, Geneva Conventions, Foreign Intelligence Surveillance Act, Robert “Bob” Barr

Timeline Tags: Civil Liberties

The Justice Department (DOJ) issues a 42-page “white paper” detailing its arguments that the National Security Agency’s warrantless wiretapping program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006) is legal. The DOJ reiterates two previous arguments (see December 19, 2005 and December 21-22, 2005)—that Congress implicitly authorized the program in 2001 when it authorized the Bush administration to begin military actions against al-Qaeda (see September 14-18, 2001), and that the president has the authority as commander in chief to conduct such a program—even though these arguments have been thoroughly refuted (see January 9, 2006) and overridden by the Supreme Court’s recent Hamdan v. Rumsfeld ruling (see December 15, 2005 and July 8, 2006). In its paper, the DOJ declares that if necessary, it will attack the legality of the Foreign Intelligence Surveillance Act (FISA) in order to stop that law from “imped[ing]” the president’s power to order domestic surveillance. In essence, according to columnist and civil liberties lawyer Glenn Greenwald, the DOJ is asserting that the president’s powers are limitless as long as he or she declares a given action necessary to battle terrorism. “Because the president has determined that the NSA activities are necessary to the defense of the United States from a subsequent terrorist attack in the armed conflict with al-Qaeda, FISA would impermissibly interfere with the president’s most solemn constitutional obligation—to defend the United States against foreign attack,” the DOJ claims. Neither Congress nor the court system has the right to limit or even review the president’s powers, according to the DOJ. Greenwald calls the DOJ’s argument “a naked theory of limitless presidential power.” In fact, Greenwald argues, the DOJ is asserting that FISA itself is unconstitutional, because no law can in any way limit the president’s power to conduct foreign policy or protect the nation’s security. The document is part of a larger Bush administration defense of the USA Patriot Act, and part of the administration’s push to convince Congress to reauthorize that legislation. Attorney General Alberto Gonzales sends the document to Congress. Justice Department official Steven Bradbury says, “When it comes to responding to external threats to the country… the government would like to have a single executive who could act nimbly and agilely.” [US Department of Justice, 1/19/2006 pdf file; Glenn Greenwald, 1/20/2006; Washington Post, 1/20/2006]
Dubious Legality - The program has already been found to be of questionable legality by two reports recently released by the nonpartisan Congressional Research Service (see January 5, 2006 and January 18, 2006). And author James Bamford, a US intelligence expert who has written extensively about the NSA, says that the Justice Department’s arguments are specious in light of Congress’s clear intent in its 1978 passage of FISA to block warrantless wiretapping, and its demonstrated lack of intent to allow any such operations within US borders in the October 2001 legislation. “You could review the entire legislative history in the authorization to use military force and I guarantee you won’t find one word about electronic surveillance,” he says. “If you review the legislative history of FISA, you will find Attorney General Griffin Bell testifying before the intelligence committee saying this was specifically passed to prevent a president from claiming inherent presidential powers to do this again.” [Washington Post, 1/20/2006]
Self-Contradictory Justifications - In 2007, author and reporter Charlie Savage will write of the “shaky foundation” supporting the administration’s “two-pronged attacks on critics of the wiretapping program and the Patriot Act,” which some officials have claimed authorizes the program. “Beneath the simplistic rhetoric, the administration’s position was self-contradicting,” Savage will write. If Bush has the inherent presidential authority to order warrantless wiretapping, then he needs no authorization from the Patriot Act or any other legislation. But if Congress is endangering the nation by delaying in reauthorizing the Patriot Act and thusly not rendering the program legal, then the wiretapping program is illegal after all. The memo attempts to “paper… over” this problem by claiming that, while Bush has the inherent authority to do whatever he feels is necessary to protect the country, the Patriot Act’s extra police powers are still necessary in “contexts unrelated to terrorism.” Savage will write, “In other words, the administration’s own position, hidden in the fine print, was that the Patriot Act was superfluous and irrelevant to the war on terrorism—a somewhat absurd stance made necessary by their desire to say the wiretapping program was legal.” [Savage, 2007, pp. 315]
Failure to Address Probable Beginning of Program Before Attacks - The Justice Department says nothing about the program apparently beginning well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: National Security Agency, James Bamford, Steven Bradbury, US Department of Justice, Griffin Bell, Senate Judiciary Committee, Glenn Greenwald, Foreign Intelligence Surveillance Act, Alberto R. Gonzales, Arlen Specter, George W. Bush, Congressional Research Service, Charlie Savage

Timeline Tags: Civil Liberties

President Bush’s top political adviser, deputy White House chief of staff Karl Rove, tells a meeting of the Republican National Committee that the warrantless wiretapping controversy (see December 15, 2005 and December 18, 2005) can be used to boost Republicans’ election chances in the 2006 midterm elections. Republicans should emphasize that the wiretapping proves that Bush is willing to do whatever it takes to defeat terrorism and keep Americans safe. Critics of the program, therefore, can be painted as weak on terrorism. “The United States faces a ruthless enemy, and we need a commander in chief and a Congress who understand the nature of the threat and the gravity of the moment America finds itself in,” Rove says. “President Bush and the Republican Party do; unfortunately, the same cannot be said of many Democrats.… Let me be clear as I can be: President Bush believes if al-Qaeda is calling somebody in America, it is in our national security interests to know who they’re calling and why. Some important Democrats clearly disagree.” [WIS-TV, 1/20/2006; Savage, 2007, pp. 203]

Entity Tags: George W. Bush, Democratic Party, Republican Party, Republican National Committee, Karl C. Rove

Timeline Tags: Civil Liberties

In a public speech, former National Security Agency chief Michael Hayden claims that everything the NSA does is with authorization from the White House, specifically the warrantless wiretapping program that spies on US citizens (see Early 2002). “I didn’t craft the authorization,” he says. “I am responding to a lawful order.” Hayden claims that while the NSA continues to use court warrants from the Foreign Intelligence Surveillance Court (FISC), technological advances and terrorist threats have made the law that created and supports FISC, the Foreign Intelligence Surveillance Act of 1978 (see 1978), obsolete. Therefore, the NSA has carried out domestic surveillance operations with or without FISC warrants. Hayden says the warrantless surveillance operations are “operationally more relevant, operationally more effective” than anything FISA can handle. Hayden repeatedly denies, in the face of reams of evidence collected by journalists and others to the contrary, that the NSA is spying on domestic antiwar groups and religious organizations like the Quakers who publicly advocate nonviolence and peace. [Michael Hayden, 1/23/2006]

Entity Tags: Foreign Intelligence Surveillance Court, Al-Qaeda, Foreign Intelligence Surveillance Act, Religious Society of Friends (Quakers), Terrorist Surveillance Program, National Press Club, Bush administration (43), National Security Agency, Michael Hayden, George W. Bush

Timeline Tags: Civil Liberties

President Bush at the National Security Agency.President Bush at the National Security Agency. [Source: Eric Draper / White House]President George Bush uses calls between the 9/11 hijackers in the US and an al-Qaeda communications hub in Yemen that were intercepted by the NSA (see Early 2000-Summer 2001) to justify the NSA’s warrantless wiretapping program (see December 15, 2005). Bush says: “We know that two of the hijackers who struck the Pentagon [Nawaf Alhazmi and Khalid Almihdhar] were inside the United States communicating with al-Qaeda operatives overseas. But we didn’t realize they were here plotting the attack until it was too late.” Bush also quotes former NSA Director Michael Hayden, who previously said, “Had this program been in effect prior to 9/11… we would have detected some of the 9/11 al-Qaeda operatives in the United States, and we would have identified them as such” (see January 23, 2006). Bush and other administration officials make similar claims about the calls by Almihdhar and Alhazmi in the years after the program is revealed by the New York Times (see December 17, 2005). [White House, 1/25/2006] Bush made similar remarks at Kansas State University two days previously. [White House, 1/23/2006]

Entity Tags: Khalid Almihdhar, Nawaf Alhazmi, George W. Bush

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

In his State of the Union address, President Bush insists that his authority to wiretap Americans’ phones without warrants (see December 15, 2005 and December 18, 2005) is validated by previous administrations’ actions, saying that “previous presidents have used the same constitutional authority I have.” He fails to note that those presidents authorized warrantless wiretaps before court orders were required for such actions (see June 19, 1972 and 1973). Since the Foreign Intelligence Surveillance Act passed (see 1978), no president except Bush has ever defied the law. Law professor David Cole calls Bush’s assertion of authority “either intentionally misleading or downright false.” Fellow law professor Richard Epstein predicts that the Supreme Court will strike down any such assertions, if it ever addresses the issue. “I find every bit of this legal argument disingenuous,” he says. Even many conservatives refuse to support Bush, with columnist George Will calling his arguments “risible” and a “monarchical doctrine” that is “refuted by the plain text of the Constitution.” David Keene, the chairman of the American Conservative Union, says the legal powers claimed by Bush and his officials can be used to justify anything: “Their argument is extremely dangerous.… The American system was set up on the assumption that you can’t rely on the good will of people with power.” Conservative activist Grover Norquist says flatly, “There is no excuse for violating the rule of law.” And former Justice Department official Bruce Fein says Bush and his officials have “a view that would cause the Founding Fathers to weep. The real conservatives are the ones who treasure the original understanding of the Constitution, and clearly this is inconsistent with the separation of powers.” Even former George H. W. Bush official Brent Scowcroft says that Bush’s interpretation of the Constitution is “fundamentally in error.” [Savage, 2007, pp. 203-204]

Entity Tags: David D. Cole, Brent Scowcroft, American Conservative Union, Bruce Fein, Richard Epstein, Grover Norquist, Foreign Intelligence Surveillance Act, David Keene, George Will, George W. Bush

Timeline Tags: Civil Liberties

Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group and a reporter to expose the collusion of AT&T and the National Security Agency in pushing the government’s illegal surveillance program (see Early January 2006 and January 23, 2006 and After), contacts the office of Senator Dianne Feinstein (D-CA) at the advice of Electronic Frontier Foundation lawyer Kevin Bankston. Klein talks to Feinstein’s chief attorney in Washington, DC, Steven Cash. Klein will later write: “I instinctively recoiled at the thought of trying to approach her as my memory of her record told me she was no friend of civil liberties, though she plays one on TV. My instinct was not wrong.” After an initial discussion with Cash, Klein emails him his packet of documentation (see December 31, 2005). On the afternoon of February 3, Cash calls Klein and says he is very interested in his story, though Feinstein’s staff rates the probability of the NSA performing illegal acts at somewhere around “50-50,” according to Klein. Cash promises to get back in touch with Klein on February 6, but fails to do so. Neither Klein nor his attorneys (see Early January 2006) are able to talk to anyone on Feinstein’s staff from here on. Klein later writes: “The silent message was unmistakable: the senator did not want to sully her political skirts by having contact with a whistleblower. And this was a foretaste of her behavior and voting for the next two and a half years. At every turn, she was there pushing for immunity for the telecom companies in the Senate Intelligence and Judiciary Committees; peddling her toothless restatement of the ‘exclusive means’ clause of FISA [the Foreign Intelligence Surveillance Act—see 1978] as a substitute for any confrontation with the president over ongoing illegal NSA spying; ushering former NSA Director Michael Hayden through his nomination for CIA director; and backing Michael Mukasey as a clone replacement for the resigning Attorney General [Alberto] Gonzales. Moreover, this ultimately turned out to be the attitude of virtually the entire Democratic Party leadership, not to mention the Republicans.” Klein will explain that FISA’s “exclusive means” clause states that FISA should be the “exclusive means” for the federal government to conduct surveillance. Congress’s duty under the law was, Klein will state, to enforce the law against President Bush, “who openly flouted the law.” Instead, Klein will claim, Feinstein uses the “exclusive means” clause to protect the Bush administration and the telecom firms. [Klein, 2009, pp. 57-60]

Entity Tags: Electronic Frontier Foundation, AT&T, Dianne Feinstein, Mark Klein, National Security Agency, Steven Cash, Kevin Bankston

Timeline Tags: Civil Liberties

Jaber Elbaneh.Jaber Elbaneh. [Source: Yahya Arhab / EPA / Corbi]Twenty-three suspected al-Qaeda operatives break out of a high-security prison in the Yemeni capital of Sana’a. Escapees include Jamal al-Badawi, wanted for a role in the bombing of the USS Cole (see October 12, 2000), and Jaber Elbaneh, a US citizen believed to be linked to the alleged al-Qaeda sleeper cell in Lackawanna, New York (see April-August 2001). The men allegedly tunnel their way from the prison to the bathroom of a neighboring mosque. However, the New York Times will later comment: “[T]hat account is viewed with great skepticism, both in the United States and in Yemen. Many in Yemen say the escape could not have taken place without assistance, whether from corrupt guards or through a higher-level plan.” [New York Times, 3/1/2008] The prison is located in the basement of the Political Security Organization (PSO), Yemen’s equivalent of the FBI. Several days later, a cable sent from the US embassy in Yemen notes “the lack of obvious security measures on the streets,” and concludes, “One thing is certain: PSO insiders must have been involved.” Newsweek comments: “[P]rivately, US officials say the plotters must have had serious—possibly high-level—help at the Political [Security Organization].…. [T]he head of the PSO, Ali Mutahar al-Qamish, is said to be under suspicion, according to two US officials.” [Newsweek, 2/13/2006] Al-Badawi and nine others escaped a Yemeni prison in 2003 and then were recaptured one year later (see April 11, 2003-March 2004). Al-Badawi and Elbaneh turn themselves in to the Yemeni government in 2007 and then are freed (see October 17-29, 2007 and February 23, 2008).

Entity Tags: Jamal al-Badawi, Ali Mutahar al-Qamish, Jaber Elbaneh, Yemeni Political Security Organization

Timeline Tags: Complete 911 Timeline

In an interview with PBS’s Gwen Ifill, Representative Jane Harman (D-CA), the ranking Democrat on the House Intelligence Committee, says she supports the administration’s warrantless wiretapping program (see Spring 2001), a position that places her at odds with most Congressional Democrats. “Well, I said then and I say now that I support the program,” she tells Ifill. Harman is critical of the insider leaks that led to the public divulgance of the program (see December 15, 2005), saying, “Well, I think the leaks have done a lot of damage, and I deplore the leaks of this critical program.” She goes on to complain that the administration “says it adequately oversees this program,” but “the system of checks and balances that we have… requires that Congress as an independent branch of government pass the laws, fund the programs, and oversee how all that works.” In addition to requesting greater cooperation on oversight with Congress, she adds that “the courts need to be cut back in,” and thinks the “entire program” should be brought under the Foreign Intelligence Surveillance Act. [PBS, 2/8/2006] Four days later, Harman reiterates her position on NBC’s Meet the Press. She tells moderator Tim Russert, “If the press was part of the process of delivering classified information, there have to be some limits on press immunity.” Russert asks, “But if [the NSA leak] came from a whistleblower, should the New York Times reporter be prosecuted?” Harman answers: “Well, it’s not clear it was a whistleblower. You have to prove that first. If it’s protected by the whistleblower statute, then it’s protected.… By the way, I deplore that leak. This is a very valuable foreign [intelligence] collection program. I think it is tragic that a lot of our capabilities are now [spread] across the pages of the newspapers.” [MSNBC, 2/12/2006; NewsMax, 2/12/2006]

Entity Tags: Jane Harman, Gwen Ifill, New York Times, House Intelligence Committee, Foreign Intelligence Surveillance Act, Tim Russert

Timeline Tags: Civil Liberties

Retired AT&T technician Mark Klein (see December 15-31, 2005 and July 7, 2009), working with a civil liberties group about his knowledge of governmental illegality in eavesdropping on Americans’ telephone and Internet communications (see Early January 2006), has contacted Los Angeles Times reporter Joseph Menn about publishing an article expising AT&T’s collusion with the National Security Agency (NSA) to illegally conduct surveillance against American citizens (see January 23, 2006 and After). Klein believed Menn was enthusiastic about exposing AT&T and the NSA in his newspaper. Instead, Klein is shocked to hear from Menn that the Times’s “top guy” is preparing to meet with Director of National Intelligence John Negroponte to discuss any such publication. “I nearly fell down in shock,” Klein will later write. “[T]hey were actually negotiating with the government on whether to publish!” Menn describes himself to Klein as “demoralized,” and says the chances of getting the story published are “grim.” In his seven years at the Times, Menn tells Klein, he has never seen a story “spiked” for “nefarious reasons,” implying that the reason behind the story’s non-publication are “nefarious.” Klein is also dismayed that the Times has now revealed his existence as a whistleblower to Negroponte, and by extension to the US intelligence apparatus. Two days ago, Klein began emailing a New York Times reporter, James Risen, the co-author of a 2005 expose about the NSA’s surveillance program (see December 15, 2005). After hearing from Menn, Klein emails Risen to inform him of the Los Angeles Times’s decision to “consult” with Negroponte, and also of the lack of interest he has received from Senator Dianne Feinstein’s office (see February 1-6, 2006). Risen calls in fellow reporter Eric Lichtblau, his co-author on the 2005 story, and the two begin working on their own story. Klein remains worried about his personal and professional safety, since, as he will write, “[t]he government was on to me, but I did not yet have a published article and the protection that comes with publicity. I had visions, perhaps paranoid in hindsight, of being disappeared in the night, like [nuclear industry whistleblower] Karen Silkwood.” The Los Angeles Times story will drag on until March 29, when Menn will inform Klein that it is officially dead, blocked by Times editor Dean Baquet. Klein will later learn that Baquet had not only been in contact with Negroponte, but with NSA Director Michael Hayden. In 2007, Baquet will tell ABC News reporters that “government pressure played no part in my decision not to run with the story,” and will say that he and managing editor Doug Frantz decided “we did not have a story, that we could not figure out what was going on” with Klein’s documentation (see March 26, 2007). Klein will call Baquet’s explanation an “absurd and flimsy excuse,” and will say it is obvious that the Los Angeles Times “capitulated to government pressure.” [PBS Frontline, 5/15/2007; Klein, 2009, pp. 59-62]

Entity Tags: James Risen, Dean Baquet, AT&T, Dianne Feinstein, Eric Lichtblau, Joseph Menn, Michael Hayden, John Negroponte, Douglas Frantz, National Security Agency, Los Angeles Times, Mark Klein

Timeline Tags: Civil Liberties

The Al Haramain Islamic Foundation, a now-defunct Saudi Arabian charitable organization that once operated in Oregon, sues the Bush administration [Associated Press, 2/28/2006] over what it calls illegal surveillance of its telephone and e-mail communications by the National Security Agency, the so-called Terrorist Surveillance Program. The lawsuit may provide the first direct evidence of US residents and citizens being spied upon by the Bush administration’s secret eavesdropping program, according to the lawsuit (see December 15, 2005). According to a source familiar with the case, the NSA monitored telephone conversations between Al Haramain’s director, then in Saudi Arabia, and two US citizens working as lawyers for the organization and operating out of Washington, DC. The lawsuit alleges that the NSA violated the Foreign Intelligence Surveillance Act (see 1978), the US citizens’ Fourth Amendment rights, and the attorney-client privilege. FISA experts say that while they are unfamiliar with the specifics of this lawsuit, they question whether a FISA judge would have allowed surveillance of conversations between US lawyers and their client under the circumstances described in the lawsuit. Other lawsuits have been filed against the Bush administration over suspicions of illegal government wiretapping, but this is the first lawsuit to present classified government documents as evidence to support its contentions. The lawsuit alleges that the NSA illegally intercepted communications between Al Haramain officer Suliman al-Buthe in Saudi Arabia, and its lawyers Wendell Belew and Asim Ghafoor in Washington. One of its most effective pieces of evidence is a document accidentally turned over to the group by the Treasury Department, dated May 24, 2004, that shows the NSA did indeed monitor conversations between Al Haramain officials and lawyers. When Al Haramain officials received the document in late May, 2004, they gave a copy to the Washington Post, whose editors and lawyers decided, under threat of government prosecution, to return the document to the government rather than report on it (see Late May, 2004). [Washington Post, 3/2/2006; Washington Post, 3/3/2006] Lawyer Thomas Nelson, who represents Al Haramain and Belew, later recalls he didn’t realize what the organization had until he read the New York Times’s December 2005 story of the NSA’s secret wiretapping program (see December 15, 2005). “I got up in the morning and read the story, and I thought, ‘My god, we had a log of a wiretap and it may or may not have been the NSA and on further reflection it was NSA,’” Nelson will recall. “So we decided to file a lawsuit.” Nelson and other lawyers were able to retrieve one of the remaining copies of the document, most likely from Saudi Arabia, and turned it over to the court as part of their lawsuit. [Wired News, 3/5/2007]
Al Haramain Designated a Terrorist Organization - In February 2004, the Treasury Department froze the organization’s US financial assets pending an investigation, and in September 2004, designated it a terrorist organization, citing ties to al-Qaeda and alleging financial ties between Al Haramain and the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). The organization was disbanded by the Saudi Arabian government in June 2004 and folded into an “umbrella” private Saudi charitable organization, the Saudi National Commission for Relief and Charity Work Abroad (see March 2002-September 2004). In February 2005, the organization was indicted for conspiring to funnel money to Islamist fighters in Chechnya. The charges were later dropped. [US Treasury Department, 9/9/2004; Washington Post, 3/2/2006] The United Nations has banned the organization, saying it has ties to the Taliban. [United Nations, 7/27/2007]
Challenging Designation - In its lawsuit, Al Haramain is also demanding that its designation as a terrorist organization be reversed. It says it can prove that its financial support for Chechen Muslims was entirely humanitarian, with no connections to terrorism or violence, and that the Treasury Department has never provided any evidence for its claims that Al Haramain is linked to al-Qaeda or has funded terrorist activities. [Associated Press, 8/6/2007] The lawsuit also asks for $1 million in damages, and the unfreezing of Al Haramain’s US assets. [Associated Press, 8/5/2007]
Administration Seeks to Have Lawsuit Dismissed - The Bush administration will seek to have the lawsuit thrown out on grounds of national security and executive privilege (see Late 2006-July 2007, Mid-2007).

Entity Tags: Wendell Belew, Suliman al-Buthe, Taliban, Washington Post, United Nations, Saudi National Commission for Relief and Charity Work Abroad, US Department of the Treasury, National Security Agency, Thomas Nelson, Foreign Intelligence Surveillance Act, Al Haramain Islamic Foundation, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Foreign Intelligence Surveillance Court, Asim Ghafoor, Bush administration (43)

Timeline Tags: Civil Liberties

When journalists Joe and Susan Trento obtain a copy of the US international no-fly list, which the Transportation Security Administration uses to prevent known terrorists from flying to the US and other countries, they find that 14 of the alleged 9/11 hijackers are still on it. They are: Satam Al Suqami, Waleed Alshehri, Wail Alshehri, Abdulaziz Alomari, Hamza Alghamdi, Fayez Ahmed Banihammad, Ahmed Alghamdi, Mohand Alshehri, Majed Moqed, Hani Hanjour, Salem Alhazmi, Saeed Alghamdi, Ahmed Alnami, and Ahmed Alhaznawi. Shortly after 9/11, it was reported that some of the hijackers were still alive (see September 16-23, 2001) and this may be the reason for the apparent error, although the set of hijackers reported to be still alive and the set of 14 hijackers still on the no-fly list only partially overlap. [Trento and Trento, 2006, pp. 189-192] The no-fly list also contains manifold problems and at least one other dead terrorist is on it (see March 2006).

Entity Tags: Salem Alhazmi, Satam Al Suqami, Wail Alshehri, Waleed Alshehri, Susan Trento, Mohand Alshehri, Saeed Alghamdi, Joseph Trento, Majed Moqed, Ahmed Alhaznawi, Abdulaziz Alomari, Ahmed Alnami, Hamza Alghamdi, Hani Hanjour, Fayez Ahmed Banihammad, Ahmed Alghamdi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Rayed Abdullah.Rayed Abdullah. [Source: Scoop]Rayed Abdullah, an associate of hijacker pilot Hani Hanjour (see October 1996-December 1997 and October 1996-Late April 1999), enters New Zealand despite being on the watch list there and takes further pilot training. The New Zealand government claims it only ascertains his real identity after he has been in the country several months. Abdullah is then arrested and deported to Saudi Arabia, even though he was traveling on a Yemeni passport. [Associated Press, 6/9/2006; New Zealand Herald, 6/10/2006] However, FBI agents and CIA officers later say that the US released Abdullah after 9/11 in an attempt to use him to spy on al-Qaeda for Saudi Arabia’s intelligence agency. The CIA ensures he is allowed into New Zealand as a part of a joint operation. However, the New Zealanders get cold feet when Abdullah starts flight training again. A CIA official will say: “[W]e know if Rayed was part of the [9/11] plot, someone in al-Qaeda will reach out for him, and we have a chance of making that connection.” An FBI official will comment: “The amazing thing is the CIA convinced itself that by getting [Abdullah] tossed out of New Zealand, he would then be trusted and acceptable to Saudi intelligence and useful in al-Qaeda operations. For this tiny chance of success they put passengers at risk to enter into a partnership with Saudi intelligence.” [Stories that Matter, 10/9/2006]

Entity Tags: Central Intelligence Agency, Rayed Abdullah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui.Zacarias Moussaoui. [Source: WNBC / Jonathan Deinst]Zacarias Moussaoui becomes the first and only person charged in direct connection with the 9/11 attacks to stand trial in the US. [Associated Press, 3/17/2006] He was preparing to hijack an aircraft and fly it into a target when he was arrested 26 days before 9/11 (see August 16, 2001 and April 22, 2005). Although there has been disagreement whether Moussaoui was to take part in the actual attack of 9/11 or a follow-up plot (see January 30, 2003), the prosecution alleges that Moussaoui had information related to the attacks (see August 16, 2001) and facilitated them by lying and not disclosing everything he knew to the FBI. He is charged with six counts, including conspiracy to commit acts of terrorism and conspiracy to commit aircraft piracy. [US District Court for the Eastern District of Virginia, Alexandria Division, 12/11/2001 pdf file] The trial receives much media coverage and the highlights include the playing of United 93’s cockpit recorder (see April 12, 2006), a row over a government lawyer coaching witnesses (see March 13, 2006), and testimony by FBI agent Harry Samit (see March 9 and 20, 2006), former FBI assistant director Michael Rolince (see March 21, 2006), and Moussaoui himself (see March 27, 2006). Moussaoui is forced to wear a stun belt, controlled by one of the marshalls, under his jumpsuit. The belt is to be used if Moussaoui lunges at a trial participant. [New York Times, 4/17/2006] He has already pleaded guilty (see April 22, 2005) and the trial is divided into two phases; in the first phase the jury decides that Moussaoui is eligible for the death penalty, but in the second phase it fails to achieve unanimity on whether Moussaoui should be executed (see May 3, 2006). [Associated Press, 4/3/2006; New York Times, 4/17/2006]

Entity Tags: Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Republicans on the Senate Intelligence Committee refuse to allow an inquiry into the Bush administration’s warrantless wiretapping program (see December 15, 2005 and December 18, 2005), with the committee voting 10-8 along party lines to reject such a probe. Senate Judiciary Committee chairman Arlen Specter (R-PA) had advocated such a probe, but White House officials refused to cooperate with his committee, saying they would only cooperate via classified briefings to the Intelligence Committee. However, committee Republicans, led by chairman Pat Roberts (R-KS), have no intention of allowing such an inquiry. Roberts and his fellows say they will push to impose limitations on the program. Committee Democrats accuse their Republican colleagues of colluding with the administration to block the inquiry. “The committee is, to put it bluntly, is basically under the control of the White House,” says ranking committee member John D. Rockefeller (D-WV). “You can’t legislate properly unless you know what’s going on.” The Republicans have left Congress to “legislate in darkness and ignorance,” he says. Republicans say that a new, select subcommittee will increase oversight of the administration’s wiretapping. “It provides for a case-by-case examination and oversight by the United States Congress,” says Mike DeWine (R-OH), who is helping draft the bill for the new oversight subcommittee. “It will be very consistent with what our constitutional obligations are.” DeWine’s bill would allow the administration to ignore restrictions on wiretapping merely by invoking national security, and would not allow the committee to intervene even in clearly unjustified cases of wiretapping. “The White House could just decide not to tell them everything, and there’s no sanction,” says Bruce Fein, a former Reagan administration lawyer. “And the president can still claim that he has inherent power to conduct surveillance.” The bill is “extremely generous to the president,” says conservative law professor Douglas Kmiec. “It is not significantly different from the status quo. And I think the president would be quite delighted by that.” [Boston Globe, 3/8/2006; Savage, 2007, pp. 204]

Entity Tags: Senate Judiciary Committee, Bruce Fein, Arlen Specter, Bush administration (43), Pat Roberts, Douglas Kmiec, Mike DeWine, John D. Rockefeller, Senate Intelligence Committee

Timeline Tags: Civil Liberties

Senator Russell Feingold (D-WI) tells reporters that he intends to push through legislation that would censure President Bush because of his domestic surveillance program (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, Early 2002, September 2002, Late 2003-Early 2004, April 19-20, 2004, June 9, 2005, June 9, 2005, December 15, 2005, December 17, 2005, December 19, 2005, December 24, 2005, January 5, 2006, January 18, 2006, January 18, 2006, January 23, 2006, and January 30, 2006). “What the president did by consciously and intentionally violating the Constitution and laws of this country with this illegal wiretapping has to be answered,” Feingold tells an interviewer. “Proper accountability is a censuring of the president, saying, ‘Mr. President, acknowledge that you broke the law, return to the law, return to our system of government.‘… The president has broken the law and, in some way, he must be held accountable.… Congress has to reassert our system of government, and the cleanest and the most efficient way to do that is to censure the president. And, hopefully, he will acknowledge that he did something wrong.” Senate Majority Leader Bill Frist (R-TN) calls Feingold’s proposal “a crazy political move.” The Senate Intelligence Committee, following the Bush administration’s lead, has rejected some Democrats’ call for a full investigation of the surveillance program (see February 1-6, 2006). Instead, the committee has adopted a Republican plan for a seven-member subcommittee to conduct oversight. Feingold says his censure motion is not “a harsh approach, and it’s one that I think should lead to bipartisan support.” Frist, however, says: “I think it, in part, is a political move because here we are, the Republican Party, the leadership in the Congress, supporting the president of the United States as commander in chief who is out there fighting al-Qaeda and the Taliban and Osama bin Laden and the people who have sworn—have sworn—to destroy Western civilization and all the families listening to us.… The signal that it sends that there is in any way a lack of support for our commander in chief who is leading us with a bold vision in a way that we know is making our homeland safer is wrong. And it sends a perception around the world.” Only once in history has a president been censured by Congress: Andrew Jackson in 1834. In the House, Representative John Conyers (D-MI) is exploring the idea of introducing impeachment legislation against Bush. [New York Times, 3/12/2006; Associated Press, 3/12/2006] Feingold says on the Senate floor: “The president has violated the law and Congress must respond. A formal censure by Congress is an appropriate and responsible first step to assure the public that when the president thinks he can violate the law without consequences, Congress has the will to hold him accountable.” Most Congressional Democrats want nothing to do with either Feingold’s or Conyers’s legislative ideas, and some Republicans seem to be daring Democrats to vote for the proposal. Vice President Dick Cheney tells a Republican audience in Feingold’s home state of Wisconsin, “Some Democrats in Congress have decided the president is the enemy.” Democratic leaders in the Senate thwart an immediate vote as requested by Frist, and Senator Richard Durbin (D-IL) says he is not sure the proposal will ever come to a vote. Senate Minority Leader Harry Reid (D-NV) says he does not support it and has not read it. Senator Joseph Lieberman (D-CT) makes a similar assertion. In the House, Minority Leader Nancy Pelosi (D-CA) refuses to support such a proposal, saying in a statement that she “understands Senator Feingold’s frustration that the facts about the NSA domestic surveillance program have not been disclosed appropriately to Congress. Both the House and the Senate must fully investigate the program and assign responsibility for any laws that may have been broken.” [Associated Press, 3/14/2006] Former Nixon aide John Dean testifies in support of Feingold’s censure motion (see March 31, 2006). However, the censure motion, lacking support from Democratic leaders and being used by Republicans as a means to attack Democrats’ patriotism, never comes to a vote. [Klein, 2009, pp. 84]

Entity Tags: Joseph Lieberman, George W. Bush, Bush administration (43), Bill Frist, Harry Reid, John Dean, Russell D. Feingold, Senate Intelligence Committee, Richard (“Dick”) Durbin, Richard (“Dick”) Cheney, Nancy Pelosi, John Conyers

Timeline Tags: Civil Liberties

Michael Rolince, who headed the FBI’s International Terrorism Operations Section when Zacarias Moussaoui was arrested, testifies at Moussaoui’s trial (see March 6-May 4, 2006). He initially states that he was only informed of the Moussaoui case before 9/11 in two brief hallway conversations (see Late August 2001) and did not read a memo sent to him by the Minneapolis field office. However, under cross-examination he admits he also discussed a plan to deport Moussaoui to France, where his belongings could be searched (see (August 30-September 10, 2001)). [Associated Press, 3/21/2006; Associated Press, 3/21/2006] According to Newsday, Rolince appears “red-faced and flustered” at the end of the cross-examination and makes the court burst out laughing when he says he did not approve a briefing to FBI field offices about bin Laden threats in the US (see Before April 13, 2001), even though the briefing states he approved it. He says one of his subordinates may have approved it. [Associated Press, 3/21/2006; Newsday, 3/22/2006] Rolince is called by the prosecution, which wants him to give a list of steps the FBI would have taken if Moussaoui had confessed. However, Judge Brinkema states that, “Juries cannot decide cases on speculation… Nobody knows what would have happened.” [Associated Press, 3/21/2006; Associated Press, 3/22/2006]

Entity Tags: Michael Rolince

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

During the trial of Zacarias Moussaoui (see also March 6-May 4, 2006), the prosecution claims that if Zacarias Moussaoui had not lied when arrested and questioned (see August 16, 2001) and had provided information about the plot (see August 16, 2001), the FAA could have altered its security procedures to deal with the suicide hijacker threat. Prosecution witness Robert Cammaroto, an aviation security officer, says that security measures in effect before 9/11 were designed to cope with different types of threats, such as “the homesick Cuban,” rather than suicide hijackings. He says that if the FAA had more information about Moussaoui, its three dozen air marshals could have been moved from international to domestic flights, security checkpoints could have been tightened to detect short knives like the ones Moussaoui had, and flight crews could have been instructed to resist rather than cooperate with hijackers. Most of these steps could have been implemented within a matter of hours. However, Cammarato admits that the FAA was aware before 9/11 that terrorists considered flying a plane into the Eiffel Tower and that al-Qaeda has performed suicide operations on land and sea. [Associated Press, 3/22/2006]

Entity Tags: Federal Aviation Administration, Robert Cammarato, Carla Martin, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11.Zacarias Moussaoui claimed that Richard Reid (above) was to have helped him hijack a fifth plane on 9/11. [Source: Mirrorpix(.com)]Against the will of his defense attorneys, Zacarias Moussaoui takes the stand at his trial (see March 6-May 4, 2006) and claims that he was supposed to fly a fifth plane on 9/11. He says the plane would have targeted the White House and one of the muscle hijackers would have been shoe-bomber Richard Reid (see December 22, 2001). However, he claims not to have known the details of the other hijackings, only that the WTC would be hit. He does not mention any other collaborators aside from Reid, who has already been sentenced to a long prison term. When the prosecution asks him whether he lied to FBI investigators so the plan could go forward he replies, “That’s correct.” An Associated Press expert calls this, “a stunning revelation that would help prosecutors rather than him.” [Associated Press, 3/27/2006] In what the New York Times calls a “bizarre moment,” the defense team, aware of the damage this admission could do, subject Moussaoui to tough questioning and the chief prosecutor objects that one of the defense attorneys is badgering his own client. [New York Times, 4/17/2006]
Uncertainty over Fifth Jet - There is some dispute over whether Moussaoui was indeed to have flown a fifth plane (see January 30, 2003 and Before 2008). Following the testimony, the defense reads statements made by al-Qaeda leaders who are in custody, but are not permitted to testify at the trial (see May 14, 2003 and March 22, 2005). The statements say that Moussaoui was not part of 9/11, but a follow-up operation. [Associated Press, 3/28/2006; US District Court for the Eastern District of Virginia, 7/31/2006 pdf file] However, these statements were obtained using torture (see June 16, 2004). The government later concedes that there is no evidence linking Richard Reid to 9/11. [Associated Press, 4/20/2006]
"Complete Fabrication" - Moussaoui had denied being part of 9/11 before the trial (see April 22, 2005). By the end of the trial he will do so again, calling the confession he makes on this day “a complete fabrication.” [Associated Press, 5/8/2006]

Entity Tags: Zacarias Moussaoui, Richard C. Reid

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Four statements based on the CIA inspector general’s report on some aspects of the agency’s performance before 9/11 are introduced as evidence at the trial of Zacarias Moussaoui by the defense. The report was completed in 2004 (see June-November 2004), but rewritten and is still secret (see January 7, 2005). The four passages say:
bullet “Numerous” CIA officers accessed cables reporting that Khalid Almihdhar’s passport contained a US visa and Nawaf Alhazmi had flown from Thailand to Los Angeles (see Mid-January-March 2000); [US District Court for the Eastern District of Virginia, Alexandria District, 3/28/2006 pdf file]
bullet FBI Director Louis Freeh was briefed about Almihdhar in January 2000, but not told that Almihdhar had a US visa (see January 6-9, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet Nobody at Alec Station, the CIA’s bin Laden unit, notified CIA personnel authorized to collect foreign intelligence in the US together with the FBI about Almihdhar’s US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000); [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]
bullet The CIA was unaware of the Phoenix memo until after 9/11 (note: this may not actually be true—see (July 27, 2001)). [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2005 pdf file]
Two sections of the 9/11 Congressional Inquiry report are also introduced as evidence as substitutes for the CIA inspector general’s report. They cover the use of aircraft as weapons and US knowledge of bin Laden’s intentions to strike inside the US in the summer of 2001. [US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file; US District Court for the Eastern District of Virginia, Alexandria Division, 3/28/2006 pdf file]

Entity Tags: Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Justice Department prosecutors defend their designation of Ali Saleh Kahlah al-Marri, a Qatari citizen alleged to have been part of the 9/11 planning (see December 12, 2001), as an “enemy combatant.” The government’s “enemy combatant” allegations against al-Marri are contained within documents signed by Jeffrey Rapp, the director of the Pentagon’s Joint Intelligence Task for Combating Terrorism (known as the Rapp Declarations) (see April 5, 2006). The unclassified portion of the allegations states almost verbatim the same charges against al-Marri that were dropped in 2003—setting up fake bank accounts, stealing credit cards, and keeping pro-terrorist literature and photos on his computer (see June 23, 2003). The government says it has more evidence tying al-Marri to the 9/11 plot, but that evidence remains classified, so neither al-Marri nor his lawyers can see it. While al-Marri’s lawyers protest that the evidence is “triple hearsay” and inadmissible in court, the judge rules otherwise. Slate’s Emily Bazelon will report, “The declassified allegations aren’t revelatory.” The material attempts to link al-Marri to the 9/11 plotters through Khalid Shaikh Mohammed, the lead plotter for the attacks. It still is not clear in the newly released evidence who the sources of the information are, but it seems that much of the evidence against al-Marri comes from interrogation sessions held with Mohammed himself. Bazelon observes, “[I]t’s also a safe bet that evidence against al-Marri was obtained through torture.” Such evidence is legally inadmissable as well. Mohammed and other witnesses subjected to illegal interrogation methods can “certainly not be used as witnesses, because that could expose classified information and could open up charges from defense lawyers that their earlier statements were a result of torture,” says a government official. [Slate, 4/20/2006]

Entity Tags: Khalid Shaikh Mohammed, US Department of Justice, Ali Saleh Kahlah al-Marri, Emily Bazelon, Jeffrey Rapp

Timeline Tags: Torture of US Captives, Civil Liberties

Mushin Musa Matwalli Atwah.Mushin Musa Matwalli Atwah. [Source: FBI]Mohsin Musa Matawalli Atwah, an Egyptian al-Qaeda operative, is killed in a remote village in the North Waziristan region of Pakistan. There was a $5 million bountry for Atwah, who was wanted for involvement in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Witnesses describe a missile strike followed by a Pakistani helicopter gunship attack. The attack is said to have killed nine people, including two young children. [Associated Press, 4/13/2006; CNN, 10/24/2006]

Entity Tags: Mushin Musa Matwalli Atwah

Timeline Tags: Complete 911 Timeline

In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]

Entity Tags: Central Intelligence Agency, Defense Intelligence Agency, Joseph Trento, Susan Trento

Timeline Tags: Complete 911 Timeline

Osama Awadallah, an alleged associate of two 9/11 hijackers in San Diego, is acquitted in a US trial. Awadallah, a Jordanian living in the US since 1999, was not accused of terrorist activity, but was merely charged with lying to a grand jury investigating the 9/11 attacks. Nine days after 9/11, he was interviewed by the FBI, and he admitted that he knew 9/11 hijacker Nawaf Alhazmi. However, he denied knowing hijacker Khalid Almihdhar, who lived with Alhazmi in San Diego. Awadallah was detained as a material witness. After 9/11, his old phone number was found in a car used by some of the hijackers. Eleven jurors wanted to convict him, but one did not, so a mistrial was declared after jurors made clear they could not reach a unanimous verdict. Had he been convicted, he would have faced little to no jail time, and then deportation. Instead, he will continue his studies at San Diego State University. [Associated Press, 5/5/2006] It has been claimed that one day before the 9/11 attacks, Awadallah and others appeared to be celebrating the upcoming attacks (see Late August-September 10, 2001).

Entity Tags: Khalid Almihdhar, Osama Awadallah, Nawaf Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

USA Today headline.USA Today headline. [Source: CBS News]USA Today reports that “[t]he National Security Agency (NSA) has been secretly collecting the phone call records of tens of millions of Americans, using data provided by the nation’s three biggest telecommunications providers, AT&T, Verizon, and BellSouth,” according to “people with direct knowledge of the arrangement.” None of the sources would allow USA Today to identify them by name, job, or affiliation. The USA Today story claims that the NSA program “does not involve the NSA listening to or recording conversations,” but does use “the data to analyze calling patterns in an effort to detect terrorist activity,” according to their sources. One source says that the NSA program is compiling “the largest database ever assembled in the world,” with the goal of creating “a database of every call ever made” within US borders. President Bush has said that the NSA program is focused exclusively on international calls, and for the calls to be recorded, “one end of the communication must be outside the United States.” However, this is now shown not to be the case (see January 16, 2004). A US intelligence official says that the NSA program is not recording the actual phone calls themselves, but is collecting what he calls “external” data about the communications to allow the agency to emply “social network analysis” for insight into how terrorist networks are connected with one another. Another large telecommunications company, Qwest, has refused to help the NSA eavesdrop on customer calls (see February 2001, February 2001 and Beyond, and February 27, 2001). USA Today’s sources say that the NSA eavesdropping program began after the 9/11 attacks, a claim that is not bolstered by the facts (see 1997, February 27, 2000, February 27, 2000, December 2000, February 2001, February 2001, February 2001 and Beyond, February 2001, Spring 2001, April 2001, April 4, 2001, July 2001, Before September 11, 2001, and Early 2002). The sources say that the three companies agreed to provide “call-detail records,” lists of their customers’ calling histories, and updates, which would allow the agency to track citizens’ calling habits. In return, the sources say, the NSA offered to pay the firms for their cooperation. After the three firms agreed to help the agency, USA Today writes, “the NSA’s domestic program began in earnest” (see After September 11, 2001, After September 11, 2001, October 2001, September 2002, and Spring 2004). NSA spokesman Don Weber says the agency is operating strictly “within the law,” but otherwise refuses to comment. Former US prosecutor Paul Butler says that the Foreign Intelligence Surveillance Act (FISA), which governs surveillance operations by US intelligence agencies, “does not prohibit the government from doing data mining” (see 1978). White House press spokesman Dana Perino says, “There is no domestic surveillance without court approval,” and all surveillance activities undertaken by government agencies “are lawful, necessary, and required for the pursuit of al-Qaeda and affiliated terrorists.” All government-sponsored intelligence activities “are carefully reviewed and monitored,” she adds, and says that “all appropriate members of Congress have been briefed on the intelligence efforts of the United States” (see October 11, 2001 and October 25, 2001 and November 14, 2001). Don Weber, a senior spokesman for the NSA, refuses to discuss the agency’s operations, saying: “Given the nature of the work we do, it would be irresponsible to comment on actual or alleged operational issues; therefore, we have no information to provide. However, it is important to note that NSA takes its legal responsibilities seriously and operates within the law.” All three firms released similar comments saying that they would not discuss “matters of national security,” but were complying with the law in their alleged cooperation with the NSA. The Electronic Frontier Foundation (EFF) is suing AT&T for what it calls its complicity in the NSA’s “illegal” domestic surveillance program (see January 31, 2006). [USA Today, 5/11/2006]

Entity Tags: Verizon Communications, USA Today, Qwest, Paul Butler, Foreign Intelligence Surveillance Act, Jane Harman, AT&T, BellSouth, National Security Agency, Dana Perino, Don Weber

Timeline Tags: Civil Liberties

Bobby Ray Inman.Bobby Ray Inman. [Source: DefenseTech.org]Former NSA director Bobby Ray Inman says that the secret NSA program to wiretap US citizens’ phone and e-mail conversations without court warrants (see After September 11, 2001) “is not authorized.” President Bush authorized the secret wiretapping over four years ago (see Early 2002), a program only revealed at the end of 2005 (see December 15, 2005). Since the program was revealed, it has created tremendous controversy over its possible illegality and its encroachment on fundamental American civil liberties. Bush and other White House officials have repeatedly asserted that the program is legal, mainly because Bush and his officials assert that the president has the authority to implement such a program (see December 15, 2005); Bush also insists, as recently as the day before Inman’s statement, that the program is only being used to spy on terrorists and the privacy of US citizens is being “fiercely protected,” a statement that does not jibe with the facts. [Democracy Now!, 5/12/2006]

Entity Tags: National Security Agency, Al-Qaeda, Bobby Ray Inman, Bush administration (43), George W. Bush

Timeline Tags: Civil Liberties

Ira Winkler.Ira Winkler. [Source: Canadian Broadcasting Corporation]Former NSA analyst Ira Winkler, author of the 2005 book Spies Among Us, writes of his disgust with the NSA’s domestic surveillance program, saying that because it is warrantless, it is illegal. He argues the program violates both the NSA’s rules of engagement and its long-term missions.
Warrantless Surveillance is Illegal - Securing warrants under the Foreign Intelligence Surveillance Act is easily done, Winkler says: “FISA blocks no legitimate acquisition of knowledge. It doesn’t even slow the process down.” The problem, Winkler says, is that the program is so large that securing FISA warrants for every communication the NSA monitors “would [take] an army of lawyers to get all the warrants they’d need to be in compliance with FISA.” However: “[T]he law is the law. No president has the right to pick and choose which laws they find convenient to follow.” President Bush could have asked Congress to amend the FISA laws: “After all, after 9/11 Congress passed a wide variety of laws (without, for the most part, reading them) that were supposed to prevent another attack. They could have easily slipped something modifying FISA into all of that legislation. They did not, though recent revelations about this administration’s use of signing statements may indicate that they simply didn’t want to raise the possibility of questions.” Merely ignoring FISA “is illegal,” Winkler writes.
Weakens National Security - Another issue is national security. Not obtaining warrants actually weakens natural security, he argues, “since the process of obtaining the warrants has an effect on quality control.” For example: “To date, FBI agents have been sent out to do thousands of investigations based on this warrantless wiretapping. None of those investigations turned up a legitimate lead. I have spoken to about a dozen agents, and they all roll their eyes and indicate disgust with the man-years of wasted effort being put into physically examining NSA ‘leads.’ This scattershot attempt at data mining drags FBI agents away from real investigations, while destroying the NSA’s credibility in the eyes of law enforcement and the public in general. That loss of credibility makes the NSA the agency that cried wolf—and after so many false leads, should they provide something useful, the data will be looked at skeptically and perhaps given lower priority by law enforcement than it would otherwise have been given.” Winkler says the NSA’s claim that it does not retain any personal information is ludicrous. “Frankly, you have to be a complete moron to believe that,” he writes. “It is trivial to narrow down access to a phone number to just a few members of a household, if not in fact to exactly one person.”
Extortion - And the warrantless surveillance is not the only illegal action taken by the government. If the government did threaten one telecom firm, Qwest, for not cooperating (see February 2001), “[t]hat’s extortion—another crime.” Winkler writes that both Congress and the American people must demand answers, or the White House and the NSA will continue to usurp our freedom under the cloak of protecting freedoms.
Arguments For Program are Specious - Winkler says the arguments for the program that he hears are groundless. He hears three main threads:
bullet “I have nothing to worry about so I don’t care if they investigate me.” Winkler points out that plenty of people have been investigated and incarcerated in the US and abroad without doing anything wrong: “I believe that Saddam Hussein would cheerfully agree with the tired allegation that if you did nothing wrong, you shouldn’t mind the government looking at your calls. I think Lenin, Stalin, Hitler and the Chinese government would also agree with that line of thought. Is this the company we consent to keep in the name of safety?”
bullet “[W]e need to do everything we can to protect ourselves.” Protecting ourselves, Winkler argues, means letting law enforcement work to protect US citizens against real, ongoing crimes. The government is “watching for dragons while very real snakes multiply freely in our midst.”
bullet “[T]he NSA isn’t listening to the content of the calls, so there’s no harm.” Aside from the fact that Winkler believes the NSA is lying about not listening to the calls themselves, he says: “[The NSA] doesn’t need to hear your chatter to invade your privacy. By simply tying numbers together—an intelligence discipline of traffic analysis—I assure you I can put together a portrait of your life. I’ll know your friends, your hobbies, where your children go to school, if you’re having an affair, whether you plan to take a trip and even when you’re awake or asleep. Give me a list of whom you’re calling and I can tell most of the critical things I need to know about you.” The NSA is made up of mostly “good and honest people,” but it has “more than its share of bitter, vindictive mid- and senior-level bureaucrats. I would not trust my personal information with these people, since I have personally seen them use internal information against their enemies.” Winkler reminds his readers that the Bush administration deliberately outed CIA agent Valerie Plame Wilson because her husband dared debunk an administration claim about Iraq (see November 20, 2007), and tried to undermine the credibility of former counterterrorism chief Richard Clarke when he spoke out against the administration (see March 24, 2004). The NSA could easily provide the administration with damaging information about other administration enemies.
'Against Everything I Was Taught' - “NSA domestic spying is against everything I was ever taught working at the NSA,” Winkler writes. “I might be more for it if there was any credible evidence that this somehow provides useful information that couldn’t otherwise be had. However, the domestic spying program has gotten so massive that the well-established process of getting a warrant cannot be followed—and quantity most certainly doesn’t translate to quality. Quite the opposite.” The terrorists number in the hundreds, Winkler writes, but “the NSA is collecting data on hundreds of millions of people who are clearly not the enemy. These numbers speak for themselves.” [Computerworld, 5/16/2006]

Entity Tags: Qwest, George W. Bush, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Ira Winkler, National Security Agency, Valerie Plame Wilson, Saddam Hussein, Richard A. Clarke, Vladimir Lenin, Josef Stalin

Timeline Tags: Civil Liberties

Former NSA director and soon-to-be CIA director Michael Hayden says that a program in which the NSA listens in on calls between the US and other countries without obtaining warrants would have prevented 9/11, had it been in place then. Hayden tells a Senate hearing discussing his confirmation as CIA director, “Had this been in place prior to the attacks, the two hijackers who were in San Diego, Khalid Almihdhar and Nawaf Alhazmi, almost certainly would have been identified as who they were, what they were, and most importantly, where they were.” Hayden also says, “I can demonstrate in closed session how the physics and the math would work.” [US Congress, 5/18/2006 pdf file] However, the NSA actually intercepted the calls between Alhazmi and Almihdhar in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001), which it knew had been in contact with Osama bin Laden (see November 1996-Late August 1998) and was also involved in the East African embassy bombings (see August 4-25, 1998) and the attack on the USS Cole (see Mid-August 1998-October 2000). Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Attorney General Alberto Gonzales says that the government has the right to prosecute journalists for publishing classified information. “There are some statutes on the book which, if you read the language carefully, would seem to indicate that that is a possibility,” he says during an ABC News interview. “That’s a policy judgment by the Congress in passing that kind of legislation. We have an obligation to enforce those laws. We have an obligation to ensure that our national security is protected.” Asked if he is considering prosecuting the New York Times for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005), Gonzales says the Justice Department is trying to determine “the appropriate course of action in that particular case.” He continues: “I’m not going to talk about it specifically. We have an obligation to enforce the law and to prosecute those who engage in criminal activity.” Experts believe that Gonzales is probably referring to the 1917 Espionage Act, which prohibits government officials from passing classified information to anyone without proper clearance; those same experts say that the Espionage Act was never intended to apply to the press. Furthermore, journalists are protected from such prosecution by the First Amendment. Gonzales says that while the Bush administration respects the right of freedom of the press, “it can’t be the case that that right trumps over the right that Americans would like to see, the ability of the federal government to go after criminal activity.” [New York Times, 5/22/2006] Thirty years ago, then-White House chief of staff Dick Cheney recommended such prosecution against a journalist who revealed the existence of a Cold War-era submarine program (see May 25, 1975). In 2007, reporter and author Charlie Savage will write that in 1975, the attorney general had scuttled the idea. Now, the attorney general is embracing the idea. [Savage, 2007, pp. 175-176]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Bush administration (43), New York Times, Charlie Savage, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

A new 5-minute audiotape is released by a person said to be Osama bin Laden. The voice on the tape says that Zacarias Moussaoui and the vast majority of prisoners held in Guantanamo Bay had nothing to do with 9/11. The speaker says that Moussaoui “has no connection whatsoever with the events of September 11th” and “his confession that he was assigned to participate in those raids is a false confession which no intelligent person doubts is a result of the pressure put upon him for the past four and a half years.” The voice also says that, as Moussaoui has not named a support team, he cannot have been slated to pilot a hijacked airliner, and that, as he was learning to fly, he cannot have been intended to be the 20th hijacker. Further, if Moussaoui had known the 9/11 group, he would have called lead hijacker Mohamed Atta and told him to flee the country (note: jail house calls can be recorded, so this may not have been wise (see August 17, 2001)). There are various theories about Moussaoui’s closeness to the 9/11 plot, but he was supported by some of the people who supported the hijackers (see January 30, 2003). The speaker also says that the detainees in Guantanamo Bay “have no connection whatsoever to the events of September 11th, and even stranger is that many of them have no connection with al-Qaeda in the first place, and even more amazing is that some of them oppose al-Qaeda’s methodology of calling for war with America.” The apparent reason so many detainees are being held: ”(I)t is necessary to create justifications for the massive spending of hundreds of billions on the Defense Department and other agencies in their war against the Mujaheddin.” [MSNBC, 5/23/2006] One Guantanamo detainee, Mohamed al-Khatani, was allegedly supposed to meet lead hijacker Mohamed Atta in the US, but was refused entry to the country, indicating that he was scheduled to be involved in 9/11 (see August 4, 2001 and July 2002).

Entity Tags: Osama bin Laden, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

George Terwilliger, a former deputy attorney general under George H. W. Bush, argues that the current Bush administration’s controversial data mining program (see Late 1999 and After September 11, 2001) is not illegal. Terwilliger tells the conservative National Review, “I think it’s fair to say that the statutes contemplate the transfer of this generic type of data much more on a case-by-case rather than a wholesale basis,” meaning that the law calls for a court order only in cases when the government is making a targeted request for information. But, he adds, “I don’t see anything in the statute that forbids such a wholesale turnover.” Terwilliger’s argument echoes the arguments of the Bush Justice Department, which argues that the data mining program—part of the NSA’s “Stellar Wind” surveillance program (see Spring 2004 and December 15, 2005)—does not technically constitute “electronic surveillance” under the law. Both the Fourth Amendment and the Foreign Intelligence Surveillance Act, as interpreted by the courts, define such actions as “electronic surveillance,” according to a number of legal experts, including law professor Orin Kerr. And, Ars Technica reporter Julian Sanchez notes in 2009, “the Stored Communications Act explicitly makes it a crime to ‘knowingly divulge a record or other information pertaining to a subscriber to or customer of such service… to any governmental entity.’” Sanchez will call Terwilliger’s argument “very strange,” but will note that Terwilliger is the attorney for then-Attorney General Alberto Gonzales and “a prominent defender of the administration’s surveillance policies.” Sanchez will conclude that while the argument “might pass for clever in a high school debate round… [i]t would be deeply unsettling if it [passes] for anything more in the halls of power.” [National Review, 6/5/2006; Ars Technica, 12/16/2008]

Entity Tags: US Department of Justice, Alberto R. Gonzales, ’Stellar Wind’, Bush administration (43), National Security Agency, Foreign Intelligence Surveillance Act, Julian Sanchez, George Terwilliger, Orin S. Kerr

Timeline Tags: Civil Liberties

The dead Abu Musab al-Zarqawi.The dead Abu Musab al-Zarqawi. [Source: US army]Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, is apparently killed in a US airstrike north of Baghdad. There are contradictory details of what exactly happened in the airstrike, and three days later the Washington Post will report that “circumstances surrounding the killing [remain] cloudy.” [Washington Post, 6/10/2006] His killing is hailed by US and Iraqi officials as the most significant public triumph for US-allied forces since the 2003 capture of Saddam Hussein. For instance, Defense Secretary Rumsfeld calls him “the leading terrorist in Iraq and one of three senior al-Qaeda leaders worldwide.” The Washington Post calls al-Zarqawi the “mastermind behind hundreds of bombings, kidnappings and beheadings in Iraq.” [Washington Post, 6/8/2006; Washington Post, 6/10/2006] These pronouncements and media reports ignore a revelation made two months earlier by the Washington Post that the US military has been engaged in a propaganda campaign to exaggerate al-Zarqawi’s importance. The newspaper had reported that Zarqawi wasn’t behind nearly as many attacks as commonly reported (see October 4, 2004 and April 10, 2006). Even a Washington Post article about the propaganda surrounding al-Zarqawi published two days after his death will fail to mention any of the details provided in the Post’s original reporting on the campaign. [Washington Post, 6/10/2006] Later in the month, an audiotape surfaces in which bin Laden supposedly praises al-Zarqawi as a martyr (see June 30, 2006), calling him a “brave knight” and a “lion of jihad.” US officials say the tape is genuine, however it should be noted that a letter from 2004 said to tie al-Zarqawi to al-Qaeda leadership is believed by many experts to be a US-government promoted hoax (see April 10, 2006). [Washington Post, 6/30/2006] Al-Zarqawi did pledge loyalty to bin Laden in 2004, but they don’t appear to have been closely linked before then and there even are doubts about how close their relationship was after that time (see October 17, 2004).

Entity Tags: Al-Qaeda, Abu Musab al-Zarqawi, Donald Rumsfeld, Osama bin Laden

Timeline Tags: Complete 911 Timeline, Iraq under US Occupation

William Perry, the former secretary of defense under President Clinton, and Ashton Carter, his deputy at the time, write an op-ed for the Washington Post calling for the Bush administration to launch a military attack on North Korea. Perry and Carter note that North Korea is in the final stages of testing a long-range ballistic missile that, they write, “some experts estimate can deliver a deadly payload to the United States.” They note that the last such test of a North Korean missile (see August 31, 1998) “sent a shock wave around the world, but especially to the United States and Japan, both of which North Korea regards as archenemies. They recognized immediately that a missile of this type makes no sense as a weapon unless it is intended for delivery of a nuclear warhead.” Now, North Korea has broken what they call the agreed-upon moratorium on such testing, but fail to note that no such agreement was ever finalized during the Clinton years (see October 2000), and skim over the fact that the Bush administration has repeatedly refused to engage in meaningful nuclear talks with the North Korean regime (see March 7, 2001, Late March, 2001, April 2002, November 2002, January 10, 2003 and After, Mid-January 2003, February 4, 2003, March 2003-May 2003, April 2003, May 4, 2003, August 2003, December 12, 2003, December 19, 2003, June 23-August 23, 2004, April 28, 2005, September 19-20, 2005, and June 2006). Perry and Carter are critical of the Bush administration’s doctrine of “pre-emption,” which necessarily precludes meaningful dialogue, but go on to observe that “intervening before mortal threats to US security can develop is surely a prudent policy.” Therefore, they write, “if North Korea persists in its launch preparations, the United States should immediately make clear its intention to strike and destroy the North Korean Taepodong missile before it can be launched.” [Washington Post, 6/22/2006; Foreign Policy, 10/22/2010] Shortly after the op-ed appears, North Korea threatens “nuclear retaliation” if the US mounts any such military offensive (see July 3-5, 2006).

Entity Tags: Bush administration (43), Ashton Carter, William Perry, Washington Post

Timeline Tags: US International Relations

In a follow-up hearing, Judge Vaughn Walker of the US District Court of Northern California hears arguments by AT&T and the Justice Department as to whether he should dismiss a lawsuit against AT&T by the Electronic Frontier Foundation (EFF—see January 31, 2006). The EFF argues that AT&T violated its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s allegedly illegal domestic wiretapping project. The government asserts that the lawsuit would jeopardize “state secrets” if permitted to go forward (see May 22, 2006). In today’s hearing, Justice Department lawyer Peter Keisler admits to Walker that the documents presented on behalf of the EFF by AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009) and others are not classified. “None of the documents they (EFF) have submitted… implicate any privileged [classified] matters,” Keisler tells Walker. The judge says, “Including the Klein documents.” Keisler agrees, saying: “We have not asserted any privilege over the information that is in the Klein and Marcus (see March 29, 2006) documents.… Mr. Klein and Marcus never had access to any of the relevant classified information here, and with all respect to them, through no fault or failure of their own, they don’t know anything.” Klein will later write that Keisler’s admission is a crippling blow to the government’s assertion that the EFF documentation would compromise national security if made public or submitted in open court. [Klein, 2009, pp. 77]

Entity Tags: US Department of Justice, AT&T, Electronic Frontier Foundation, Mark Klein, Vaughn Walker, National Security Agency, Peter Keisler

Timeline Tags: Civil Liberties

Salim Ahmed Hamdan in 1999.Salim Ahmed Hamdan in 1999. [Source: Pubic domain via the New York Times]In the Hamdan v. Rumsfeld case, the Supreme Court rules 5-3 to strike down the Bush administration’s plans to try Guantanamo detainees before military commissions. Ruling in favor of detainee Salim Ahmed Hamdan (see November 8, 2004), the Court rules that the commissions are unauthorized by federal statutes and violate international law. Writing for the majority, Justice John Paul Stevens says, “The executive is bound to comply with the rule of law that prevails in this jurisdiction.” The opinion throws out each of the administration’s arguments in favor of the commissions, including its assertion that Congress had stripped the Supreme Court of the jurisdiction to decide the case. One of the major flaws in the commissions, the Court rules, is that President Bush unilaterally established them without the authorization of Congress. [New York Times, 6/30/2006] During the oral arguments three months before, Hamdan’s lawyer, Neal Katyal, told the Court: “The whole point of this [proceeding] is to say we’re challenging the lawfulness of the tribunal [the military commissions] itself. This isn’t a challenge to some decision that a court makes. This is a challenge to the court itself, and that’s why it’s different than the ordinary criminal context that you’re positing.” [Savage, 2007, pp. 274-275]
Major Defeat for Bush Administration - Civil libertarian and human rights organizations consider the ruling a shattering defeat for the administration, particularly in its assertions of expansive, unfettered presidential authority. Bush says in light of the decision, he will work with Congress to “find a way forward” to implement the commissions. “The ruling destroys one of the key pillars of the Guantanamo system,” says Gerald Staberock, a director of the International Commission of Jurists. “Guantanamo was built on the idea that prisoners there have limited rights. There is no longer that legal black hole.” The ruling also says that prisoners held as “enemy combatants” must be afforded rights under the Geneva Conventions, specifically those requiring humane treatment for detainees and the right to free and open trials in the US legal system. While some form of military trials may be permissible, the ruling states that defendants must be given basic rights such as the ability to attend the trial and the right to see and challenge evidence submitted by the prosecution. Stevens writes that the historical origin of military commissions was in their use as a “tribunal of necessity” under wartime conditions. “Exigency lent the commission its legitimacy, but did not further justify the wholesale jettisoning of procedural protections.” [New York Times, 6/30/2006] In 2007, author and reporter Charlie Savage will write, “Five justices on the Supreme Court said Bush had broken the law.” [Savage, 2007, pp. 275]
Hardline Conservative Justices Dissent - Stevens is joined by Justices David Souter, Stephen Breyer, and Ruth Bader Ginsburg. Justice Anthony Kennedy issues a concurring opinion. Dissenting are Justices Samuel Alito, Antonin Scalia, and Clarence Thomas. Thomas, in a dissent signed by Scalia and Alito, calls the decision “untenable” and “dangerous.” Chief Justice John Roberts recused himself from the case because of his participation in a federal appeals court that ruled in favor of the administration (see November 8, 2004).
Not Charged for Three Years - Hamdan is a Guantanamo detainee from Yemen, captured in Afghanistan in November 2001 and taken to Guantanamo in June 2002. He is accused of being a member of al-Qaeda, in his function as driver and bodyguard for Osama bin Laden. He was not charged with a crime—conspiracy—until mid-2004. [New York Times, 6/30/2006]

Entity Tags: Samuel Alito, US Supreme Court, Salim Ahmed Hamdan, Stephen Breyer, Ruth Bader Ginsburg, John G. Roberts, Jr, Al-Qaeda, Antonin Scalia, Bush administration (43), Center for Constitutional Rights, Anthony Kennedy, John Paul Stevens, David Souter, International Commission of Jurists, Gerald Staberock, Geneva Conventions, Clarence Thomas

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

Former Justice Department official Marty Lederman, now a Georgetown law professor, writes of the Hamdan v. Rumsfeld case (see June 30, 2006): “Focusing just on the [military] commissions aspect of this misses the forest for the trees. This ruling means that what the CIA and the Pentagon have been doing [detaining prisoners without due process] is, as of now, a war crime, which means that it should stop immediately.” [Savage, 2007, pp. 276]

Entity Tags: US Department of Defense, Bush administration (43), Martin (“Marty”) Lederman, Central Intelligence Agency

Timeline Tags: Civil Liberties

Al-Qaeda leader Hassan Ghul is secretly transferred from US custody to Pakistani custody. The Pakistani government will later release him and he will apparently rejoin al-Qaeda. In early 2004, Ghul was captured in Iraq and put in the CIA’s secret prison system (see January 23, 2004). He became a “ghost detainee” because the US refused to admit they even held him. In 2006, the Bush administration decides to close most of the CIA’s secret prisons and transfer most of the important al-Qaeda prisoners to the Guantanamo prison. But Ghul is given to the Pakistani government instead, apparently as a goodwill gesture. According to a 2011 article by the Associated Press, “[T]he move frustrated and angered former CIA officers, who at the time believed Ghul should have been moved to Guantanamo along with 14 other high-value detainees” (See September 2-3, 2006). The ISI, Pakistan’s intelligence agency, promises that it will make sure Ghul is never released. But after only about a year, Pakistan will secretly let Ghul go and he apparently will return to working with al-Qaeda (see (Mid-2007)). [Associated Press, 6/15/2011] Ghul is given to Pakistan even though he is linked to a Pakistani militant group supported by the ISI, Pakistan’s intelligence agency, and the ISI had a history of protecting him from arrest (see (2002-January 23, 2004)). Also, Ghul is released even though he told US interrogators key information about Osama bin Laden’s courier that will eventually prove key to the discovery of bin Laden’s location (see Shortly After January 23, 2004 and Late 2005).

Entity Tags: Hassan Ghul, Central Intelligence Agency, Pakistan Directorate for Inter-Services Intelligence, Pakistan

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

A poll by Ohio University and Scripps Howard News Service finds that a significant minority of Americans believe there was US government complicity in the 9/11 attacks. Thirty-six percent of the 1,010 respondents say they believe that US government officials “either assisted in the 9/11 attacks or took no action to stop the attacks because they wanted the United States to go to war in the Middle East.” Sixteen percent believe that secretly planted explosives brought down the Twin Towers, and 12 percent believe a military cruise missile, rather than a hijacked aircraft, hit the Pentagon. [Scripps Howard News Service, 8/3/2006; San Francisco Chronicle, 9/3/2006] An earlier poll had found that half of New York City residents believed government officials knew in advance of the attacks and consciously failed to act (see August 30, 2004).

Entity Tags: Ohio University, Scripps Howard News Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Civil liberties lawyer and columnist Glenn Greenwald states that the recent Supreme Court ruling in Hamdan v. Rumsfeld (see June 30, 2006), finding that the Bush administration’s Guantanamo Bay military commissions violate both federal law and the Geneva Conventions, also proves that the NSA’s warrantless wiretapping program is illegal (see December 15, 2005). “To arrive at its decision,” Greenwald writes, “the Court emphatically rejected the administration’s radical theories of executive power, and in doing so, rendered entirely discredited the administration’s only defenses for eavesdropping on Americans without the warrants required by law. Actual compliance with the Court’s ruling, then, compels the administration to immediately cease eavesdropping on Americans in violation of FISA,” the Foreign Intelligence Surveillance Act (see 1978). “If the administration continues these programs now, then they are openly defying the Court and the law with a brazeness and contempt for the rule of law that would be unprecedented even for them.” Greenwald notes that FISA prohibits any surveillance of American citizens without judicial approval and oversight. The Bush administration has already admitted to conducting just such surveillance (see December 17, 2005 and December 21, 2005), and President Bush has even stated his intention to expand the program (see December 19, 2005). The Justice Department and a number of administration officials have attempted to claim the NSA surveillance program is both legal and necessary (see December 19, 2005, December 19, 2005, December 21-22, 2005, and Early 2006); Greenwald writes that the Hamdan decision “decimated” those claims, a conclusion shared by a number of legal experts (see January 9, 2006). Moreover, he writes, there is no remaining excuse for Democratic senators not to endorse Senator Russ Feingold’s resolution to censure Bush for violating FISA (see March 12, 2006 and After). The argument advanced by, among others, Senator Barack Obama (D-IL), that Bush believed he was complying with the law because his lawyers told him he was in compliance, is no longer relevant in light of Hamdan, Greenwald argues. “[T]here is no longer any good faith basis left for violating FISA. Ongoing warrantless eavesdropping can only be ordered by the president with a deliberate intent to break the law. After Hamdan, there are no more excuses left for the president to violate FISA, and there is therefore no more excuse left for Democratic senators to refuse to take a stand with Sen. Feingold against the administration’s lawbreaking.” Bush has two clear choices, Greenwald writes: either to comply with FISA or openly defy the Supreme Court. “If we are a country that continues to operate under the rule of law, compliance with the Supreme Court’s ruling compels the immediate cessation of the president’s warrantless eavesdropping program, as well as what are undoubtedly the other, still-secret programs prohibited by law but which have been justified by these same now-rejected theories of unlimited executive power. Put simply, after Hamdan, there are no more excuses left for the president’s refusal to comply with the law.” [Crooks and Liars, 7/8/2006]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), Foreign Intelligence Surveillance Act, Glenn Greenwald, US Department of Justice, US Supreme Court, George W. Bush, National Security Agency

Timeline Tags: Civil Liberties

Daniel Dell’Orto.Daniel Dell’Orto. [Source: US Department of Defense]Shortly after the Supreme Court rules that the Geneva Conventions apply to detainees suspected of terrorist affiliations (see June 30, 2006), the Bush administration publicly agrees to apply the Conventions to all terrorism suspects in US custody, and the Pentagon announces that it is now requiring all military officials to adhere to the Conventions in dealing with al-Qaeda detainees. The administration says that from now on, all prisoners in US custody will be treated humanely in accordance with the Conventions, a stipulation that would preclude torture and “harsh interrogation methods.” Until the ruling, the administration has held that prisoners suspected of terrorist affiliations did not have the right to be granted Geneva protections (see February 7, 2002). Lawyer David Remes, who represents 17 Guantanamo detainees, says, “At a symbolic level, it is a huge moral triumph that the administration has acknowledged that it must, under the Supreme Court ruling, adhere to the Geneva Conventions. The legal architecture of the war on terror was built on a foundation of unlimited and unaccountable presidential power, including the power to decide unilaterally whether, when and to whom to apply the Geneva Conventions.” But in the wake of the ruling the administration is pressuring Congress to introduce legislation that would strip detainees of some of the rights afforded them under the Conventions, including the right to free and open trials, even in a military setting. “The court-martial procedures are wholly inappropriate for the current circumstances and would be infeasible for the trial of these alien enemy combatants,” says Steven Bradbury, the acting chief of the Justice Department’s Office of Legal Counsel. Bradbury and Daniel Dell’Orto, the Defense Department’s principal deputy attorney general, have repeatedly urged lawmakers to limit the rights of detainees captured in what the administration terms its war on terrorism. Dell’Orto says Congress should not require that enemy combatants be provided lawyers to challenge their imprisonment. Congressional Democrats have a different view. Senate Judiciary Chairman Patrick Leahy (D-VT) says, “I find it hard to fathom that this administration is so incompetent that it needs kangaroo-court procedures to convince a tribunal of United States military officers that the ‘worst of the worst’ imprisoned at Guantanamo Bay should be held accountable” for crimes. “We need to know why we’re being asked to deviate from rules for courts-martial.” [Washington Post, 7/12/2006]

Entity Tags: US Department of Justice, US Supreme Court, US Department of Defense, Patrick J. Leahy, Al-Qaeda, Daniel J. Dell’Orto, David Remes, Geneva Conventions, Office of Legal Counsel (DOJ), Steven Bradbury

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

Judge Vaughn Walker of the US District Court of Northern California rejects a request by the Justice Department to dismiss a lawsuit by the Electronic Frontier Foundation (EFF—see January 31, 2006) against AT&T. The EFF argues that AT&T violated its customers’ privacy by colluding with the National Security Agency (NSA) in that agency’s allegedly illegal domestic wiretapping project. The government has asserted that the lawsuit would jeopardize “state secrets” if permitted to go forward (see May 22, 2006 and June 23, 2006). According to AT&T whistleblower Mark Klein, working with the EFF in the lawsuit, Walker “ridicule[s]” the government’s request for dismissal on state secrets grounds, finding that “[t]he government has opened the door for judicial inquiry by publicly confirming and denying material information about its monitoring of communications content.… AT&T and the government have for all practical purposes already disclosed that AT&T assists the government in monitoring communication content. [T]he government has publicly admitted the existence of a ‘terrorist surveillance program’ (see After September 11, 2001, After September 11, 2001, October 2001, and September 2002).… Considering the ubiquity of AT&T telecommunications services, it is unclear whether this program could even exist without AT&T’s acquiescence and cooperation.” EFF had given Walker the ammunition for his finding by providing him with a raft of media stories about AT&T’s involvement in the NSA surveillance program, as well as media coverage of Klein’s assertions (see April 12, 2006 and May 17, 2006). “The very subject matter of this action is hardly a secret” any longer, Walker finds (see May 24, 2006). “[D]ismissing this case at the outset would sacrifice liberty for no apparent enhancement of security.” Walker also rejects a separate motion to dismiss by AT&T, which had argued that its relationship with the government made it immune from prosecution. Marc Rotenberg of the Electronic Privacy Information Center (EPIC) says: “This cases arises against the backdrop of the accountability of the government as it pursues its surveillance program. This is a significant victory for the principle of government accountability.” AT&T spokesman Walt Sharp refuses to give a direct comment about the ruling, but says that AT&T has always protected its customers’ privacy (see February 2001 and Beyond, February 2001, and Late 2002-Early 2003). The government will obtain a stay of Walker’s ruling while it files an appeal, preventing the EFF documents from being publicly disseminated. [New York Times, 7/21/2006; Klein, 2009, pp. 78-79]

Entity Tags: Mark Klein, AT&T, Electronic Frontier Foundation, Marc Rotenberg, US Department of Justice, Walter Sharp, Vaughn Walker, National Security Agency

Timeline Tags: Civil Liberties

Following up on the Supreme Court’s recent Hamdan ruling that the Bush administration’s military commissions trial system is illegal (see June 30, 2006), a dozen members of the Judge Advocate General (JAG) corps meets with a team of White House lawyers. The JAG officers are experts in military law; much of their training centers on how to best conduct their legal proceedings in line with the Geneva Conventions. Most JAG officers had opposed the Bush administration’s decision to ignore Geneva (see June 8, 2004) in its treatment of detainees; in return, the White House’s civilian lawyers had dismissed the JAG officers as, in author and reporter Charlie Savage’s words, “closed minded, parochial, and simplistic.” The JAGs view the Hamdan ruling as vindication of their objections; for its part, the Justice Department is eager to be able to say that it incorporated the JAGs’ views in its proposed legislation for a new system of detainee trials. The JAGs’ overriding concern is to ensure that no secret evidence can be used against detainees in future trials. Defendants must be able to see and respond to all evidence used against them, the JAGs believe, otherwise the trials are not in compliance with Geneva. The original military commissions required that defendants and their lawyers be removed from the courtroom when classified evidence was introduced, a practice that the military lawyers believe was a basic violation of defendant rights. Unfortunately for the JAGs, they quickly learn that the White House lawyers are uninterested in their views. When they take their seats in a Justice Department conference room, the White House lawyers inform them that there is no reason to discuss the secret evidence question, because more senior officials will ultimately make that decision. Instead, the JAGs are limited to discussing minor technical issues and typographical changes. The meeting does allow Attorney General Alberto Gonzales to testify to Congress in early August that “our deliberations have included detailed discussions with members of the JAG corps,” whose “multiple rounds of comments… will be reflected in the legislative package.” Unlike the White House lawyers, Congress will listen to the JAG officers, and will outlaw the use of secret evidence in detainee trials. [Savage, 2007, pp. 279-281]

Entity Tags: Bush administration (43), Alberto R. Gonzales, US Department of Justice, Geneva Conventions, Judge Advocate General Corps

Timeline Tags: Civil Liberties

A map of the 2006 advance of the Islamic Courts Union in Somalia.A map of the 2006 advance of the Islamic Courts Union in Somalia. [Source: Public domain / James Dahl]In late July 2006, the Islamic Courts Union (ICU), an Islamist militant group, conquers the Somali capital of Mogadishu. Somalia has long been divided by various warlords and factions, but the ICU soon takes over much of the country. Within days of taking Mogadishu, a number of large Russian-made cargo planes begin landing in Mogadishu’s newly reopened airport, bringing in weapons for the ICU. US military officials order an investigation as to who is supplying the ICU, and within weeks US intelligence concludes that the planes are owned by companies linked to Victor Bout, the world’s biggest illegal arms dealer. Soon, intelligence confirms that Bout is working closely not only with Islamist militias in Somalia, but also their allies in nearby Eritrea. [Farah and Braun, 2007, pp. 254-255] The ICU will lose control of Mogadishu and much of Somalia in December 2006 after Ethiopia invades the country (see December 24, 2006-January 2007), but the group continues fighting. Bout’s flights will continue into 2007. In July 2007, a Sunday Times reporter posing as a middleman for the ICU will arrange an arms deal with Alexander Radionov, who runs a front company linked to Bout. Had the reporter paid, Radionov would have parachuted eight tons of ammunition into Somalia. [Sunday Times (London), 7/15/2007] Bout had previously worked with other al-Qaeda linked Islamist groups, including the Taliban (see Summer 2002), but he has also been supplying the US military in Iraq since war began there in 2003 (see Late April 2003).

Entity Tags: Islamic Courts Union, Alexander Radionov, Victor Bout

Timeline Tags: Complete 911 Timeline

The US and UN finally officially designates the Philippines and Indonesian branches of the International Islamic Relief Organization (IIRO) as a financier of terrorism. Abdul Al-Hamid Sulaiman Al-Mujil, executive director of the IRRO’s far east division, is similarly designated as well. The IIRO is a major charity connected to the Saudi government that has long been suspected of financing Islamic militant groups (see January 1996). It was reported shortly after 9/11 that the US left the IIRO off a list of designated terrorism financiers so as to not embarrass the Saudi government (see October 12, 2001). The Philippine IIRO branch in particular has been publicly accused of funding al-Qaeda since the mid-1990s, due to the activities of Mohammed Jamal Khalifa, bin Laden’s brother-in-law who headed that branch when he funded the Bojinka plot in the early 1990s (see 1987-1991). [Associated Press, 8/3/2006; Manila Times, 12/12/2006] A US Treasury Department press release says Al-Mujil has been nicknamed the “million dollar man” for his “long history of providing support to terrorist organizations.” He is accused of funding the Abu Sayyaf group in the Philippines and Jemaah Islamiyah in Indonesia. He is said to have had relationships with bin Laden and Khalid Shaikh Mohammed. The press release also calls “a senior al-Qaeda member” and accuses the current director of the IIRO’s Philippine branch, Abd al-Hadi Daguit, “a trusted associate of Khalifa.” But curiously, Khalifa himself is still not officially listed, nor is Daguit. He will die in mysterious circumstances several months later. [Treasury Department, 8/3/2006]

Entity Tags: Abu Sayyaf, US Department of the Treasury, Osama bin Laden, Khalid Shaikh Mohammed, Al-Qaeda, International Islamic Relief Organization, Abd al-Hadi Daguit, Abdul Al-Hamid Sulaiman Al-Mujil, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Ayman al-Zawahiri announcing a link-up between al-Qaeda and Al-Gama’a al-Islamiyya.Ayman al-Zawahiri announcing a link-up between al-Qaeda and Al-Gama’a al-Islamiyya. [Source: Al Jazeera]A man thought to be al-Qaeda second-in-command Ayman al-Zawahiri releases a new video recording, which is aired on Al Jazeera. In the video he says that the Egyptian group Al-Gama’a al-Islamiyya has joined forces with al-Qaeda and the two will form “one line, facing its enemies.” The spiritual leader of Al-Gama is the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, currently in prison in the US on terror charges (see (April 25-May 1989) and 1997-2002). Al-Gama’a al-Islamiyya leader Mohamed Hakaima appears in the video and confirms the link-up. Before it was folded into al-Qaeda, Al-Zawahiri himself headed the Egyptian organization Islamic Jihad, which had sometimes worked with Al-Gama’a al-Islamiyya. However, Al-Gam’a al-Islamiyya, which renounced violence in 1998 following which hundreds of its members were released from jail, denies the alliance, and analysts say that Hakaima is not a top leader in the organization. It issues a statement in Egypt that “categorically denies” al-Zawahiri’s claims, and a former leader, Sheikh Abdel Akher Hammad, says, “If [some] brothers… have joined, then this is their personal view and I don’t think that most Al-Gama’a al-Islamiyya members share that same opinion.” [CNN, 8/5/2006; Al Jazeera, 8/7/2006]

Entity Tags: Sheikh Abdel Akher Hammad, Ayman al-Zawahiri, Al-Qaeda, Mohamed Hakaima, Al-Gama’a al-Islamiyya

Timeline Tags: Complete 911 Timeline

Thomas Kean and Lee Hamilton, the former chairman and vice chairman of the 9/11 Commission, release a book giving a behind-the-scenes look at their 20-month investigation of the September 11 attacks. [Associated Press, 8/4/2006] They begin their book, titled Without Precedent, saying that, because their investigation started late, had a very short time frame, and had inadequate funding, they both felt, from the beginning, that they “were set up to fail.” [Canadian Broadcasting Corporation, 8/21/2006; Rocky Mountain News, 8/25/2006] They explain the difficulties they faced in obtaining certain government documents and describe how the commission almost splintered over whether to investigate the Bush administration’s use of 9/11 as a reason for going to war. It says that if original member Max Cleland—a strong proponent of this line of inquiry—had not resigned (see December 9, 2003), the commission probably would not have reached unanimity. It also calls their gentle questioning of former New York Mayor Rudolph Giuliani during his May 2004 testimony, “a low point” in the commission’s handling of witnesses at its public hearings (see May 19, 2004). [Associated Press, 8/4/2006; New York Daily News, 8/5/2006; New York Times, 8/6/2006] Despite the problems it faced, when discussing his book with the CBC, Hamilton says he thinks the commission has “been reasonably successful in telling the story” of 9/11. [Canadian Broadcasting Corporation, 8/21/2006] Without Precedent, however, contains little new information about the events of 9/11. Intelligence expert James Bamford says there is “an overabundance of self-censorship by the authors.” [New York Times, 8/20/2006]

Entity Tags: Thomas Kean, Lee Hamilton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

Former 9/11 Commission co-chair Lee Hamilton.Former 9/11 Commission co-chair Lee Hamilton. [Source: CBC]Lee Hamilton, the former co-chair of the 9/11 Commission, gives a wide-ranging interview to the CBC about Without Precedent, a book he recently co-authored about his time on the 9/11 Commission (see August 15, 2006). In the interview he discusses the various “conspiracy theories” surrounding the events of 9/11. The interviewer, Evan Solomon, mentions to him a recent Zogby poll (see May 17, 2006) that found that 42% of Americans agreed that “the US government, and its 9/11 Commission, concealed or refused to investigate critical evidence that contradicts the official explanation of September 11th.” Hamilton calls this lack of trust in the Commission’s report “dispiriting,” but attacks the “conspiracy theory people,” saying, “when they make an assertion they do it often on very flimsy evidence.” He addresses some of the various “conspiracy theories” that have been put forward about 9/11:
bullet In order to contradict the allegation that the Twin Towers were brought down deliberately with pre-planted explosives, Hamilton says the WTC collapsed (see 8:57 a.m. September 11, 2001) because “the super-heated jet fuel melted the steel super-structure of these buildings and caused their collapse.” He adds, “There’s a powerful lot of evidence to sustain that point of view, including the pictures of the airplanes flying into the building.”
bullet With regard to the collapse of WTC Building 7 (see (5:20 p.m.) September 11, 2001), which some people claim was also caused by explosives, he argues, “[W]e believe that it was the aftershocks of these two huge buildings in the very near vicinity collapsing. And in the Building 7 case, we think that it was a case of flames setting off a fuel container, which started the fire in Building 7, and that was our theory on Building 7.” However, the interviewer points out that the 9/11 Commission’s final report does not actually mention the collapse of Building 7, and Hamilton says he does not recall whether the Commission made a specific decision to leave it out.
bullet In reply to a question about why the debris of Building 7 were moved quickly from the scene without a thorough investigation, even though nobody died in Building 7 and there was no need for rescue operations there, Hamilton responds, “You can’t answer every question when you conduct an investigation.”
bullet When asked whether Saeed Sheikh sent Mohamed Atta $100,000 for the 9/11 plot (see Early August 2001 and Summer 2001 and before), Hamilton replies, “I don’t know anything about it.” When the interviewer presses him about whether the Commission investigated a possible Pakistani Secret Service (ISI) connection to the attacks, Hamilton replies, “They may have; I do not recall us writing anything about it in the report. We may have but I don’t recall it.”
bullet Asked about Secretary of Transportation Norman Mineta’s claim that Vice President Dick Cheney was in the presidential bunker beneath the White House at 9:20 a.m. on 9/11 (see (Between 9:20 a.m. and 9:27 a.m.) September 11, 2001), almost 40 minutes earlier than the Commission claimed he had arrived there, Hamilton replies, “I do not recall.” When pressed, he expands, “Well, we think that Vice President Cheney entered the bunker shortly before 10 o’clock. And there is a gap of several minutes there, where we do not really know what the Vice President really did. There is the famous phone call between the President and the Vice President. We could find no documentary evidence of that phone call.”
bullet When the interviewer points out that Richard Clarke’s account conflicts with the Commission’s over what time authorization was received from Dick Cheney to shoot down Flight 93 (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001 and (Between 10:00 a.m. and 10:15 a.m.) September 11, 2001), Hamilton retorts, “Look, you’ve obviously gone through the report with a fine-toothed comb, you’re raising a lot of questions—I can do the same thing.”
The interviewer also asks Hamilton whether he has any unanswered questions of his own about 9/11. Hamilton’s response is: “I could never figure out why these 19 fellas did what they did. We looked into their backgrounds. In one or two cases, they were apparently happy, well-adjusted, not particularly religious - in one case quite well-to-do, had a girlfriend. We just couldn’t figure out why he did it. I still don’t know.” [Canadian Broadcasting Corporation, 8/21/2006]

Entity Tags: Saeed Sheikh, World Trade Center, Richard (“Dick”) Cheney, Pakistan Directorate for Inter-Services Intelligence, Lee Hamilton, 9/11 Commission, Richard A. Clarke, Mohamed Atta, Norman Mineta

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of the ‘puffs of smoke’ observed during the Twin Towers collapses.One of the ‘puffs of smoke’ observed during the Twin Towers collapses. [Source: Richard Lethin]The National Institute of Standards and Technology (NIST) issues a seven-page fact sheet to counter alternative theories about the WTC collapses. NIST conducted a three-year study of the collapses, and concluded they were caused by the damage when the planes hit combined with the effects of the ensuing fires. However, many people—what the New York Times calls an “angry minority”—believe there was US government complicity in 9/11, and a recent poll (see July 6-24, 2006) found 16 percent of Americans believe the WTC towers were brought down with explosives. [National Institute of Standards and Technology, 8/31/2006; New York Times, 9/2/2006; Reuters, 9/2/2006] The fact sheet responds to 14 “Frequently Asked Questions.” Some of its key points include the following:
bullet Regarding whether NIST considered a controlled demolition hypothesis: “NIST found no corroborating evidence for alternative hypotheses suggesting that the WTC towers were brought down… using explosives… Instead, photographs and videos from several angles clearly show that the collapse initiated at the fire and impact floors and that the collapse progressed from the initiating floors downward until the dust clouds obscured the view.” However, it admits, “NIST did not test for the residue” of explosives in the remaining steel from the towers.
bullet Its explanation for puffs of smoke seen coming from each tower as it collapsed: “[T]he falling mass of the building compressed the air ahead of it—much like the action of a piston—forcing smoke and debris out the windows as the stories below failed sequentially.”
bullet Its explanation for a stream of yellow molten metal that poured down the side of the South Tower shortly before it collapsed (see (9:50 a.m.) September 11, 2001). NIST previously claimed it was aluminum, but this should not have been yellow in color: “Pure liquid aluminum would be expected to appear silvery. However, the molten metal was very likely mixed with large amounts of hot, partially burned, solid organic materials (e.g., furniture, carpets, partitions and computers) which can display an orange glow.”
bullet Regarding reports of molten steel in the wreckage at Ground Zero (see September 12, 2001-February 2002): “Any molten steel in the wreckage was more likely due to the high temperature resulting from long exposure to combustion within the pile than to short exposure to fires or explosions while the buildings were standing.”
bullet Regarding the collapse of WTC 7 (see (5:20 p.m.) September 11, 2001): “While NIST has found no evidence of a blast or controlled demolition event, NIST would like to determine the magnitude of hypothetical blast scenarios that could have led to the structural failure of one or more critical elements.” [National Institute of Standards and Technology, 8/30/2006] In response to the fact sheet, Kevin Ryan, the coeditor of the online Journal of 9/11 Studies, says, “The list of answers NIST has provided is generating more questions, and more skepticism, than ever before.” He says, “NIST is a group of government scientists whose leaders are Bush appointees, and therefore their report is not likely to veer from the political story.” [New York Times, 9/2/2006; Reuters, 9/2/2006]

Entity Tags: National Institute of Standards and Technology, Kevin Ryan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abd al-Hadi al-Iraqi.Abd al-Hadi al-Iraqi. [Source: FBI]Abd al-Hadi al-Iraqi, said to be an adviser to Osama bin Laden, is captured and detained in a secret CIA prison. President Bush announced on September 6, 2006 that the secret CIA prisons have just been emptied, at least temporarily (see September 2-3, 2006 and September 6, 2006). Nonetheless, Al-Hadi is put in the CIA’s secret prison system (see Autumn 2006-Late April 2007). Very little is known about al-Hadi’s arrest, which will not even be announced until late April 2007, shortly after he is transferred to the Guantanamo prison. It is unknown whether he is captured before Bush’s announcement (in which case he should have been sent to Guantanamo with other high-ranking prisoners), or after. [Salon, 5/22/2007] Prior to Al-Hadi’s arrest, the US government had posted a $1 million reward for his capture. His reward announcement calls him “one of Osama bin Laden’s top global deputies, personally chosen by bin Laden to monitor al-Qaeda operations in Iraq.… He has been associated with numerous attacks in Afghanistan and Pakistan and has been known to facilitate communication between al-Qaeda in Iraq and al-Qaeda.” The announcement notes that al-Hadi once served as a major in the Iraqi army, and he may still be in contact with bin Laden. [Rewards for Justice, 1/4/2007] In 2005, Newsweek reported that al-Hadi had been the main liaison between bin Laden and the independent minded Islamist militant leader Abu Musab al-Zarqawi in Iraq. [Newsweek, 4/4/2005]

Entity Tags: Osama bin Laden, Abd al-Hadi al-Iraqi, Abu Musab al-Zarqawi, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Mohamad Farik Amin.Mohamad Farik Amin. [Source: FBI]The US temporarily closes a network of secret CIA prisons around the world and transfers the most valuable prisoners to the US prison in Guantanamo, Cuba, for eventual military tribunals. The prison network will be reopened a short time later (see Autumn 2006-Late April 2007). There were reportedly fewer than 100 suspects in the CIA prisons; most of them are apparently sent back to their home countries while fourteen are sent to Guantanamo. All fourteen have some connection to al-Qaeda. Seven of them reportedly had some connection to the 9/11 attacks. Here are their names, nationalities, and the allegations against them.
bullet Khalid Shaikh Mohammed (KSM) (Pakistani, raised in Kuwait). He is the suspected mastermind of 9/11 attacks and many other al-Qaeda attacks. A CIA biography of KSM calls him “one of history’s most infamous terrorists.”
bullet Mustafa Ahmed al-Hawsawi (Saudi). He allegedly helped finance the 9/11 attacks.
bullet Hambali (Indonesian). He attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and is accused of involvement in many other plots, including the 2002 Bali bombings (see October 12, 2002).
bullet Khallad bin Attash (a.k.a. Tawfiq bin Attash) (Yemeni). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000) and had a role in other plots such as the 2000 USS Cole bombing (see October 12, 2000).
bullet Ali Abdul Aziz Ali (Pakistani, raised in Kuwait). He allegedly helped finance the 9/11 attacks and arranged transportation for some hijackers. His uncle is KSM.
bullet Ramzi bin al-Shibh (Yemeni). A member of the Hamburg al-Qaeda cell with Mohamed Atta and other 9/11 hijackers. The CIA calls him the “primary communications intermediary” between the hijackers and KSM. He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
bullet Abd al-Rahim al-Nashiri (Saudi). He is said to have been one of the masterminds of the USS Cole bombing (see October 12, 2000). He also attended a key planning meeting for the 9/11 attacks in Malaysia (see January 5-8, 2000).
The remaining seven suspects are alleged to have been involved in other al-Qaeda plots:
bullet Abu Zubaida (Palestinian, raised in Saudi Arabia). He is said to be a facilitator who helped make travel arrangements for al-Qaeda operatives. He is also alleged to have organized a series of planned millennium attacks.
bullet Ahmed Khalfan Ghailani (Tanzanian). He was indicted for a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He is also said to be an expert document forger.
bullet Majid Khan (Pakistani). He lived in the US since 1996 and is said to have worked with KSM on some US bomb plots (see March 5, 2003).
bullet Abu Faraj al-Libbi (a.k.a. Mustafa al-‘Uzayti) (Libyan). He allegedly became al-Qaeda’s top operations officer after KSM was captured.
bullet Mohamad Farik Amin (a.k.a. Zubair) (Malaysian). He is a key Hambali associate and was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) (Malaysian). He is a key Hambali associate. He is accused of providing funds for the 2003 bombing of the Marriott hotel in Jakarta, Indonesia (see August 5, 2003). He was allegedly tapped for a suicide mission targeting Los Angeles.
bullet Gouled Hassan Dourad (Somali). He allegedly scouted a US military base in Djibouti for a planned terrorist attack.
The fourteen are expected to go on trial in 2007. [Knight Ridder, 9/6/2006; Central Intelligence Agency, 9/6/2006; USA Today, 9/7/2006]

Entity Tags: Majid Khan, Mustafa Ahmed al-Hawsawi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Ramzi bin al-Shibh, Hambali, Gouled Hassan Dourad, Abd al-Rahim al-Nashiri, Abu Faraj al-Libbi, Khallad bin Attash, Abu Zubaida, Ali Abdul Aziz Ali, Central Intelligence Agency, Ahmed Khalfan Ghailani, Khalid Shaikh Mohammed

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

Bush acknowledging the secret CIA prison network.Bush acknowledging the secret CIA prison network. [Source: Gerald Herbert / Associated Press]In a speech, President Bush acknowledges a network of secret CIA prisons and announces plans to try 14 top al-Qaeda terrorist suspects in military tribunals. [Knight Ridder, 9/6/2006]
Admits Existence of Detainees in CIA Custody - Bush tells his listeners: “In addition to the terrorists held at Guantanamo, a small number of suspected terrorist leaders and operatives captured during the war have been held and questioned outside the United States, in a separate program operated by the Central Intelligence Agency.… Many specifics of this program, including where these detainees have been held and the details of their confinement, cannot be divulged.… We knew that Abu Zubaida (see March 28, 2002) had more information that could save innocent lives, but he stopped talking.… As his questioning proceeded, it became clear that he had received training on how to resist interrogation. And so the CIA used an alternative set of procedures… The procedures were tough, and they were safe, and lawful, and necessary.… These procedures were designed to be safe, to comply with our laws, our Constitution, and our treaty obligations. The Department of Justice reviewed the authorized methods extensively and determined them to be lawful. I cannot describe the specific methods used—I think you understand why.” Bush then adds that Zubaida “began to provide information on key al-Qaeda operatives, including information that helped us find and capture more of those responsible for the attacks on September 11” (see June 2002). Another high-value detainee, 9/11 planner Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), provided “many details of other plots to kill innocent Americans” (see March 7 - Mid-April, 2003 and August 6, 2007). [Vanity Fair, 12/16/2008; New York Review of Books, 3/15/2009] The 14 prisoners will be put on trial as soon as Congress enacts the Military Commissions Act (MCA—see October 17, 2006), which he is sending to Congress for its approval today. [Savage, 2007, pp. 308-309]
Political Reasons to Acknowledge CIA Prisons - The US government has never officially acknowledged the existence of the CIA prisons before, despite numerous media accounts about them. Bush’s speech comes less than two months before midterm Congressional elections and also comes as the White House is preparing new legislation to legalize the CIA’s detention program and shield US officials from prosecution for possible war crimes. Knight Ridder comments that the speech “appeared to be intended to give him more leverage in his negotiations with Congress over how to try suspected terrorists.… In addition to the potential political benefits, Bush had other reasons to make the program public. A Supreme Court ruling in June struck down the administration’s plan to bring terrorist suspects before military tribunals and called into question the legality of secret CIA detentions.” [Knight Ridder, 9/6/2006]
Sites Closed Down? - Other administration officials say the CIA prison network has been closed down, at least for the time being. (In fact, it will be reopened a short time later (see Autumn 2006-Late April 2007).) Reportedly, “fewer than 100” suspects had ever been in CIA custody. It is not known who they were or what happened to all of them, but most of them reportedly were returned to their home countries for prosecution. Fourteen “high-value” suspects, including accused 9/11 mastermind Khalid Shaikh Mohammed, were transferred from the secret CIA prisons to the prison in Guantanamo, Cuba in the days just prior to Bush’s speech (see September 2-3, 2006).
Torture is 'against [US] Values' - Bush says: “I want to be absolutely clear with our people and the world: The United States does not torture. It’s against our laws, and it’s against our values. I have not authorized it—and I will not authorize it.” However, he says the Geneva Conventions’ prohibition against “humiliating and degrading treatment” could potentially cause legal problems for CIA interrogators. Other administration officials say harsh interrogation techniques such as waterboarding were used in the CIA prisons. Such techniques are considered by many to be forms of torture. Bush claims that information gleaned from interrogations in the secret prisons helped thwart attacks on the US and provided valuable information about al-Qaeda operations around the world. [Knight Ridder, 9/6/2006; Washington Post, 9/7/2006]

Entity Tags: Geneva Conventions, Central Intelligence Agency, George W. Bush, Military Commissions Act, Abu Zubaida, Khalid Shaikh Mohammed

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

Shortly after 14 high-ranking al-Qaeda prisoners are transferred from secret CIA prisons to the US-controlled Guantanamo prison in Cuba (see September 2-3, 2006), the International Committee of the Red Cross is finally allowed to interview them. The prisoners include 9/11 mastermind Khalid Shaikh Mohammed, Ramzi bin al-Shibh, Hambali, and Abu Zubaida. The Red Cross has a policy of not publicizing or commenting its findings. However, some US officials are shown the report on the interviews with these prisoners and apparently some of these officials leak information to the New Yorker about one year later. The New Yorker will report, “Congressional and other Washington sources familiar with the report said that it harshly criticized the CIA’s practices. One of the sources said that the Red Cross described the agency’s detention and interrogation methods as tantamount to torture, and declared that American officials responsible for the abusive treatment could have committed serious crimes. The source said the report warned that these officials may have committed ‘grave breaches’ of the Geneva Conventions, and may have violated the US Torture Act, which Congress passed in 1994. The conclusions of the Red Cross, which is known for its credibility and caution, could have potentially devastating legal ramifications.” [New Yorker, 8/6/2007]

Entity Tags: Ahmed Khalfan Ghailani, Mustafa Ahmed al-Hawsawi, Ramzi bin al-Shibh, Khallad bin Attash, Abd al-Rahim al-Nashiri, Abu Zubaida, Mohamad Farik Amin, Mohammed Nazir Bin Lep, Khalid Shaikh Mohammed, Ali Abdul Aziz Ali, Central Intelligence Agency, Majid Khan, International Committee of the Red Cross, Abu Faraj al-Libbi, Hambali, Gouled Hassan Dourad

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

Two simultaneous suicide attacks on oil and gas installations in Yemen fail. The Safer refinery in Marib and the al-Dhabba terminal in Hadramout are attacked by four suicide bombers with car bombs, but Yemeni security forces blow the cars up just before they reach their targets. The four suicide bombers and one security guard are killed. The attacks come just a few days after al-Qaeda number two leader Ayman al-Zawahiri called for attacks on oil facilities in the Persian Gulf region. A Yemeni court later sentences 32 men to between two and 15 years in jail for their roles in the attacks. Three of them are alleged al-Qaeda operatives tried in absentia who escaped from prison earlier in 2006 (see February 3, 2006). [BBC, 11/7/2007] Anwar al-Awlaki, an imam for several of the 9/11 hijackers while they lived in the US, was arrested in Yemen earlier in the month (see Early September 2006-December 2007). He allegedly also has a role preparing for the foiled attacks. [Australian, 11/3/2006; Australian, 11/4/2006] The attempted attacks also come just days before Yemen’s presidential elections. Yemeni President Ali Abdallah Saleh, in power since 1978, quickly uses the attacks to criticize his opponent, because one of the opponents’ guards was accused of being involved. The guard is later acquitted. Saleh wins reelection. [New York Times, 3/1/2008] In 2008, one anonymous senior Yemeni official will tell the Washington Post that some important al-Qaeda members have had a long relationship with Yemen’s intelligence agencies and have targeted political opponents in the past. [Washington Post, 5/4/2008]

Entity Tags: Anwar al-Awlaki, Ayman al-Zawahiri, Al-Qaeda, Ali Abdallah Saleh

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

Former Nixon White House counsel John Dean is troubled by the Military Commissions Act (MCA) (see October 17, 2006) currently under consideration in Congress. The MCA authorizes military tribunals instead of criminal court trials for suspected terrorists. Dean supported the idea of tribunals when they were first suggested in 2001, but, he writes: “[T]he devil… arrived later with the details. It never occurred to me (and most people) that Bush & Co. would design a system more befitting a totalitarian state than a democratic nation that once led the world by its good example.” After a previous tribunal procedure was struck down by the Supreme Court (see June 30, 2006), Bush sent another proposal to Congress in early September. Where the bill did not actively rewrite the Court’s findings, it ignored them altogether, Dean writes. Dean finds the law a stunning reversal of decades—centuries, in some instances—of US jurisprudence and international law, including its dismissal of Geneva protections, its retroactive protection for US officials who may have tortured detainees, and its dismissal of habeas corpus rights for detainees. Dean calls the proposed legislation “shameful,” and writes: “This proposal… is going to tell us a great deal about where we are as a nation, for as General [Colin] Powell said, ‘The world is beginning to doubt the moral basis of our fight against terrorism. To redefine [the Geneva Conventions] would add to those doubts.’ As will amending the war crimes law to absolve prior wrongs, denying detainees ‘a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples,’ and enacting a law that insults the Supreme Court.” [FindLaw, 9/22/2006]

Entity Tags: US Supreme Court, Bush administration (43), Military Commissions Act, Colin Powell, Geneva Conventions, John Dean

Timeline Tags: Civil Liberties

The 9/11 Commission interviewed presidents Bill Clinton and George W. Bush in 2004 (see April 29, 2004) but the details of what was revealed in these interviews were not included in the commission’s final report (with one exception, see August 6, 2001). On this day, former 9/11 Commission Richard Ben-Veniste says, “I had hoped that we had—we would have made both the Clinton interview and the Bush interview a part of our report, but that was not to be. I was outvoted on that question.… I didn’t have the votes.… I think the question was that there was a degree of confidentiality associated with that and that we would take from that the output that is reflected in the report, but go no further. And that until some five years’ time after our work, we would keep that confidential. I thought we would be better to make all of the information that we had available to the public and make our report as transparent as possible so that the American public could have that.” [CNN, 9/25/2006]

Entity Tags: George W. Bush, Richard Ben-Veniste, 9/11 Commission, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Senator Barack Obama (D-IL) speaks out against the Military Commissions Act (MCA), which gives the federal government wide latitude to incarcerate and interrogate “terror suspects” without charge or due process of the law (see October 17, 2006). Obama says that “political considerations” for the upcoming midterm elections played a significant role in the timing of the bill, but “what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics. This is serious. If this was a debate with obvious ideological differences—heartfelt convictions that couldn’t be settled by compromise—I would understand. But it’s not.” Obama notes that in five years of the Bush administration’s system of military tribunals, “not one terrorist has been tried. Not one has been convicted. And in the end, the Supreme Court of the United States found the whole thing unconstitutional (see June 30, 2006), which is why we’re here today. We could have fixed all of this in a way that allows us to detain and interrogate and try suspected terrorists while still protecting the accidentally accused from spending their lives locked away in Guantanamo Bay. Easily. This was not an either-or question.” Congress could have written and passed legislation that would have established “a real military system of justice that would sort out the suspected terrorists from the accidentally accused,” one that would be in line with domestic law and the Geneva Conventions. Instead, “politics won today.… The administration got its vote, and now it will have its victory lap, and now they will be able to go out on the campaign trail and tell the American people that they were the ones who were tough on the terrorists.” Meanwhile, Obama says, questions about the efficacy and legality of the Bush system of justice persist, al-Qaeda and the Taliban are regrouping “while we look the other way,” and the administration is bent on fighting a war in Iraq “that our own government’s intelligence says is serving as al-Qaeda’s best recruitment tool.… This is not how a serious administration would approach the problem of terrorism.” [US Senate, 9/28/2006]

Entity Tags: Military Commissions Act, Barack Obama, Bush administration (43)

Timeline Tags: Torture of US Captives

Original cover to Woodward’s ‘State of Denial.’Original cover to Woodward’s ‘State of Denial.’ [Source: Barnes and Noble]Journalist Bob Woodward’s new book State of Denial is released. While the book focuses mainly on politics regarding the Iraq war, it also describes an urgent warning that then-CIA Director George Tenet gave to Condoleezza Rice, National Security Adviser at the time, and other White House officials on July 10, 2001 (see July 10, 2001). [New York Times, 9/29/2006; New York Daily News, 9/29/2006; Washington Post, 10/1/2006] This warning had been mentioned in passing in a 2002 Time magazine article, but it had escaped widespread attention until Woodward’s book. [Time, 8/4/2002] The meeting is particularly controversial because neither the 9/11 Congressional Inquiry nor the 9/11 Commission mentioned in it in their final reports. The 9/11 Commission had learned about it from Tenet in early 2004 (see January 28, 2004). Rice and a number of 9/11 Commissioners deny knowing about the July meeting for several days, until documentation surfaces in the media detailing the meeting and Tenet’s testimony to the commission (see October 1-2, 2006 and September 30-October 3, 2006). Details about the July meeting and surrounding controversies are reported on by the mainstream media for about a week, but there are no articles on it in any prominent newspaper after October 3, 2006. On October 5, Sen. John Kerry (D-MA) formally asks Sen. Richard Lugar (R-IN), chairman of the Senate Foreign Relations Committee, for hearings about the revelations in Woodward’s book, including controversies surrounding the July meeting. Kerry says in a letter to Lugar, “It is necessary to understand the mistakes of the past in order to ensure they are not repeated, and having testimony from the parties under oath will help to sharpen recollections and clarify the exact nature of this important meeting.” However, no hearings take place. [Kerry, 10/5/2006]

Entity Tags: Bob Woodward, Condoleezza Rice, Bob Kerry, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In late September 2006, a new book by Bob Woodward reveals that CIA Director Tenet and CIA counterterrorism chief Cofer Black gave National Security Adviser Rice their most urgent warning about a likely upcoming al-Qaeda attack (see July 10, 2001 and September 29, 2006). Tenet detailed this meeting to the 9/11 Commission in early 2004 (see January 28, 2004), but it was not mentioned in the 9/11 Commission’s final report later that year. According to the Washington Post, “Though the investigators had access to all the paperwork on the meeting, Black felt there were things the commissions wanted to know about and things they didn’t want to know about.” [Washington Post, 10/1/2006] The 9/11 Commissioners initially vigorously deny that they were not told about the meeting. For instance, 9/11 Commissioner Jamie Gorelick says she checked with commission staff who told her they were never told about a meeting on that date. She says, “We didn’t know about the meeting itself. I can assure you it would have been in our report if we had known to ask about it.” [Washington Post, 9/30/2006] Commissioner Tim Roemer says, “None of this was shared with us in hours of private interviews, including interviews under oath, nor do we have any paper on this. I’m deeply disturbed by this. I’m furious.” Commissioner Richard Ben-Veniste says the meeting “was never mentioned to us.” Philip Zelikow, the executive director of the 9/11 Commission, says the commissioners and their staff had heard nothing in their private interviews with Tenet and Black to suggest that they made such a dire presentation to Rice. “If we had heard something that drew our attention to this meeting, it would have been a huge thing.” [New York Times, 10/2/2006] However, on October 3, 2006, a transcript of Tenet’s private testimony to the 9/11 Commission is leaked to reporters and clearly shows that Tenet did warn Rice of an imminent al-Qaeda threat on July 10, 2001. Ben-Veniste, who attended the meeting along with Zelikow and other staff members, now confirms the meeting did take place and claims to recall details of it, even though he, Zelikow, and other 9/11 Commissioners had denied the existence of the meeting as recently as the day before. In the transcript, Tenet says “the system was blinking red” at the time. This statement becomes a chapter title in the 9/11 Commission’s final report but the report, which normally has detailed footnotes, does not make it clear when Tenet said it. [Washington Post, 10/3/2006] Zelikow had close ties to Rice before joining the 9/11 Commission, having co-written a book with her (see March 21, 2004), and became one of her key aides after the commission disbanded (see February 28, 2005). Zelikow does not respond to requests for comments after Tenet’s transcript surfaces. [McClatchy Newspapers, 10/2/2006; Washington Post, 10/3/2006]

Entity Tags: Richard Ben-Veniste, Tim Roemer, Jamie Gorelick, George J. Tenet, Condoleezza Rice, 9/11 Commission, Philip Zelikow, Cofer Black

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Secretary of State Rice says that she does not recall the meeting on July 10, 2001, when CIA Director Tenet and other officials briefed her about the al-Qaeda threat (see July 10, 2001). “What I am quite certain of is that I would remember if I was told, as this account apparently says, that there was about to be an attack in the United States, and the idea that I would somehow have ignored that I find incomprehensible.” [Associated Press, 10/2/2006] Rice says she has no recollection of what she variously calls “the supposed meeting” and “the emergency so-called meeting.” [Editor & Publisher, 10/1/2006; McClatchy Newspapers, 10/2/2006] The Washington Post comments that “Rice added to the confusion… by strongly suggesting that the meeting may never have occurred at all—even though administration officials had conceded for several days that it had.” Hours after Rice’s latest denial, the State Department confirms that documents show Rice did attend such a meeting on that date. However, State Department spokesman Sean McCormack then says, “The briefing was a summary of the threat reporting from the previous weeks. There was nothing new.” The Washington Post notes that when it was pointed out to McCormack that Rice asked for the briefing to be shown to Defense Secretary Rumsfeld and Attorney General Ashcroft (see July 11-17, 2001), “McCormack was unable to explain why Rice felt the briefing should be repeated if it did not include new material.” [Washington Post, 10/3/2006]

Entity Tags: John Ashcroft, Sean McCormack, Condoleezza Rice, US Department of State, Al-Qaeda, George J. Tenet, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Timeline Tags: Torture of US Captives

Joanne Mariner, an attorney with the civil liberties organization Human Rights Watch, calls the Military Commissions Act (see October 17, 2006) “exceedingly harmful” and a “grab-bag of unnecessary and abusive measures” that creates for detainees “a system of justice that is far inferior to that of the federal courts and courts-martial.” The bill does not directly address detention, Mariner writes, but does nothing to limit detention and, she believes, will be used by the administration to justify its current detention practices. [FindLaw, 10/9/2006]

Entity Tags: Joanne Mariner, Human Rights Watch, Military Commissions Act

Timeline Tags: Civil Liberties

President Bush signs the Military Commissions Act into law.President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]

Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner

Timeline Tags: Civil Liberties

John Yoo, a former Justice Department official, celebrates the passage of the Military Commissions Act (see October 17, 2006). Yoo writes that Congress has ordered “the courts, in effect, to get out of the war on terror.” The bill is not so much a victory for the presidency, Yoo writes, as it is a loss for the judiciary, a “stinging rebuke to the Supreme Court. It strips the courts of jurisdiction to hear any habeas corpus claim filed by any alien enemy combatant anywhere in the world.” It supersedes the Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), which Yoo calls “an unprecedented attempt by the court to rewrite the law of war and intrude into war policy… [a] stunning power grab.” Now, he writes: “Congress and the president did not take the court’s power grab lying down. They told the courts, in effect, to get out of the war on terror, stripped them of habeas jurisdiction over alien enemy combatants, and said there was nothing wrong with the military commissions. It is the first time since the New Deal that Congress had so completely divested the courts of power over a category of cases. It is also the first time since the Civil War that Congress saw fit to narrow the court’s habeas powers in wartime because it disagreed with its decisions. The law goes farther. It restores to the president command over the management of the war on terror. It directly reverses Hamdan by making clear that the courts cannot take up the Geneva Conventions. Except for some clearly defined war crimes, whose prosecution would also be up to executive discretion, it leaves interpretation and enforcement of the treaties up to the president. It even forbids courts from relying on foreign or international legal decisions in any decisions involving military commissions.” Yoo had previously authored numerous torture memos (see October 4, 2001, November 6-10, 2001, November 20, 2001, December 21, 2001, December 28, 2001, January 9, 2002, January 11, 2002, January 14, 2002, January 22, 2002, January 24-26, 2002, March 13, 2002, July 22, 2002, August 1, 2002, August 1, 2002, and March 14, 2003) and opinions expanding the power of the president (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, October 23, 2001, and June 27, 2002). [Wall Street Journal, 10/19/2006]

Entity Tags: Military Commissions Act, John C. Yoo

Timeline Tags: Civil Liberties

Exercising its new authority under the just-signed Military Commissions Act (MCA—see October 17, 2006), the Bush administration notifies the US District Court in Washington that it no longer has jurisdiction to consider 196 habeas corpus petitions filed by Guantanamo detainees. Many of these petitions cover multiple detainees. According to the MCA, “no court, justice, or judge” can consider those petitions or other actions related to treatment or imprisonment filed by anyone designated as an enemy combatant, now or in the future. The MCA is already being challenged as unconstitutional by several lawyers representing Guantanamo detainees. The MCA goes directly against two recent Supreme Court cases, Rasul v. Bush (see June 28, 2004) and Hamdan v. Rumsfeld (see June 30, 2006), which provide detainees with habeas corpus and other fundamental legal rights. Many Congressional members and legal experts say that the anti-habeas provisions of the MCA are unconstitutional. For instance, Senator Arlen Specter (R-PA) notes that the Constitution says the right of any prisoner to challenge detention “shall not be suspended” except in cases of “rebellion or invasion.” [Washington Post, 10/20/2006] Law professor Joseph Margulies, who is involved in the detainee cases, says the administration’s persistence on the issue “demonstrates how difficult it is for the courts to enforce [the clause] in the face of a resolute executive branch that is bound and determined to resist it.” Vincent Warren of the Center for Constitutional Rights, which represents many of the detainees, expects the legal challenges to the law will eventually wind up before the Supreme Court. [Washington Post, 10/20/2006]

Entity Tags: Center for Constitutional Rights, Arlen Specter, Bush administration (43), Vincent Warren, Military Commissions Act, Joseph Margulies

Timeline Tags: Civil Liberties

Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi.Vice President Cheney linked the NSA’s warrantless surveillance program to the case of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi. [Source: White House]Vice President Dick Cheney justifies an NSA program for warrantless surveillance of conversations between the US and other countries by referring to communications between 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi in the US and an al-Qaeda communications hub in Yemen (see Early 2000-Summer 2001). The calls were intercepted by the NSA, but this did not help the US roll up the plot. Echoing remarks previously made by President Bush (see December 17, 2005), Cheney says: “If you’ll recall, the 9/11 Commission focused criticism on the nation’s inability to uncover links between terrorists at home and terrorists overseas [note: the 9/11 Commission’s final report does not actually say this (see December 17, 2005)]. The term that was used is ‘connecting the dots’—and the fact is that one small piece of data might very well make it possible to save thousands of lives. If this program had been in place before 9/11, we might have been able to prevent it because we had two terrorists living in San Diego, contacting terrorist-related numbers overseas.” [Office of the Vice President, 8/25/2006] Before 9/11, the NSA was entitled to pass on information about the calls to the FBI, but did not do so, even though the FBI had specifically asked for information about calls between the communications hub in Yemen and the US (see Late 1998 and (Spring 2000)). Various explanations for this failure are offered after 9/11 (see Summer 2002-Summer 2004 and March 15, 2004 and After).

Entity Tags: National Security Agency, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Timeline Tags: Torture of US Captives

After learning that a new book published by Pakistani President Pervez Musharraf (see September 25, 2006) says that alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) either killed American reporter Daniel Pearl or played a leading role in the murder (see January 31, 2002), the lawyer for Saeed Sheikh, one of the kidnappers, says he plans to use the book in an appeal. Sheikh was found guilty of the kidnapping (see April 5, 2002), but the lawyer, Rai Bashir, says, “I’m going to submit an application that [Musharraf’s] book be used as a piece of evidence. The head of state has exonerated [Sheikh and his accomplices].” [Christian Science Monitor, 11/8/2006] Bashir will also make similar comments after KSM says that he carried out the murder in early 2007 (see March 10, 2007): “In the next court hearing, I am going to submit the recent statement by Khalid Shaikh Mohammed in which he said he himself beheaded the US journalist… From day one, my contention was that the evidence presented in court was not strong enough to lead to the conviction of my client.” [Guardian, 3/19/2007] Sheikh was convicted in July 2002 (see July 15, 2002). As of late July 2005, the appeal proceedings had been adjourned thirty-two times. [International Herald Tribune, 7/29/2005] As of 2007, his appeal process is still in limbo.

Entity Tags: Pervez Musharraf, Rai Bashir, Saeed Sheikh

Timeline Tags: Complete 911 Timeline

Army Times logo.Army Times logo. [Source: Army Times / Grantham University]An Army Times editorial says that to tell the “hard bruising truth” of the war in Iraq is to conclude that Defense Secretary Donald Rumsfeld must resign. The editorial observes, “One rosy reassurance after another has been handed down by President Bush, Vice President Cheney and… Rumsfeld: ‘mission accomplished’ (see May 1, 2003 and April 30, 2008), the insurgency is ‘in its last throes” (see Summer 2005), and ‘back off,’ we know what we’re doing (see May 2004), are a few choice examples.” Some retired and active generals and military leaders are now beginning to speak out (see April 13-14, 2006, April 14-16, 2006, April 16, 2006, and October 5, 2006). In August, US CENTCOM commander General John Abizaid predicted the possibility of all-out civil war in Iraq (see August 3, 2006). And in mid-October, the New York Times reported on a confidential CENTCOM briefing that called the situation in Iraq “critical,” and sliding towards “chaos” (see October 18, 2006). The Army Times editorial observes that “despite the best [US] efforts… the problem of molding a viciously sectarian population into anything resembling a force for national unity has become a losing proposition.” Bush has vowed to stick by Rumsfeld for the remainder of his second term. The Army Times calls that decision “a mistake.” It explains: “It is one thing for the majority of Americans to think Rumsfeld has failed. But when the nation’s current military leaders start to break publicly with their defense secretary, then it is clear that he is losing control of the institution he ostensibly leads.… Rumsfeld has lost credibility with the uniformed leadership, with the troops, with Congress and with the public at large. His strategy has failed, and his ability to lead is compromised. And although the blame for our failures in Iraq rests with the secretary, it will be the troops who bear its brunt.… Donald Rumsfeld must go.” [Army Times, 11/6/2006] The Department of Defense responds to an advance copy of the Army Times editorial a day before its official publication. The editorial is “inaccurate and misleading,” and took Abizaid’s words “out of context.” The Pentagon claims that Rumsfeld has always presented what it calls a “balanced” picture of Iraq, and has never engaged in “rosy scenarios” to mislead the public (see April 11, 2003, April 12, 2003, Summer 2005, June 25, 2005, November 1, 2005, February 17, 2006, and April 18, 2006). It goes on to call the editorial little more than a rehash of old criticisms, and chides the writer(s) for “insulting military commanders” and “attack[ing]” Rumsfeld. [US Department of Defense, 11/5/2006] Rumsfeld resigns on the same day as the editorial appears (see November 6-December 18, 2006).

Entity Tags: New York Times, US Department of Defense, Richard (“Dick”) Cheney, US Central Command, Donald Rumsfeld, Army Times, John P. Abizaid, George W. Bush

Timeline Tags: Iraq under US Occupation

The Justice Department argues in federal court that immigrants arrested in the US and labeled as “enemy combatants” under the Military Commissions Act (MCA) (see October 17, 2006) can be indefinitely detained without access to the US justice system. The argument comes as part of the Justice Department’s attempt to dismiss a habeas corpus suit challenging the detention of Ali Saleh Kahlah al-Marri, a Qatari citizen accused by the government of being an al-Qaeda agent (see December 12, 2001 and February 1, 2007). The government argues that the MCA “removes federal court jurisdiction over pending and future habeas corpus actions and any other actions filed by or on behalf of detained aliens determined by the United States to be enemy combatants, such as petitioner-appellant al-Marri.… In plain terms, the MCA removes this Court’s jurisdiction (as well as the district court’s) over al-Marri’s habeas action. Accordingly, the Court should dismiss this appeal for lack of jurisdiction and remand the case to the district court with instructions to dismiss the petition for lack of jurisdiction.” This is the first time the Bush administration has argued in court that the MCA strips a detainee held within the US of habeas rights.
Defense Counterargument - Al-Marri’s lawyers say that because he is being held in a South Carolina detention facility, he has the right to challenge his detention in a civilian court like any other non-citizen held on criminal charges. The Justice Department says that enemy combatants have no such rights regardless of where they are being held. Jonathan Hafetz, one of al-Marri’s lawyers, says: “[T]he president has announced that he can sweep any of the millions of non-citizens off the streets of America and imprison them for life in a military jail without charge, court review, or due process. It is unprecedented, unlawful, and un-American.” [Jurist, 11/14/2006] The government has “never admitted that he has any rights, including the right not to be tortured,” Hafetz adds. “They’ve created a black hole where he has no rights.” [Progressive, 3/2007] The Bush administration is also challenging lawsuits filed by detainees at the Guantanamo Bay detention facility on similar grounds. [Jurist, 11/14/2006]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Jonathan Hafetz, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

The Director of National Intelligence, John Negroponte, and NSA Director Keith Alexander try to get a lawsuit dismissed that alleges the NSA illegally wiretapped a Saudi charitable organization (see February 28, 2006). The organization, the Al Haramain Islamic Foundation, is presenting a classified US document as proof of the illegal wiretapping.
Invoking 'State Secrets' Privilege - In late 2006, Negroponte and Alexander tell the presiding judge, US District Judge Garr King, that in order to defend itself, the government would have to disclose “state secrets” (see March 9, 1953) that would expose US anti-terrorism efforts. This same argument will be reiterated in July 2007, when government lawyers say, “Whether plaintiffs were subjected to surveillance is a state secret, and information tending to confirm or deny that fact is privileged.” The judge will hear arguments for and against dismissing the case on August 15, 2007. [Associated Press, 8/5/2007]
Judicial Examination - King, in Portland, Oregon, examined the document for himself, and read classified briefs supplied by the Justice Department. Upon reading the briefs, King met with government lawyers to discuss turning over yet more documents in discovery—a decision unlikely to have been taken had King not believed the evidence did not show that the Al Haramain plaintiffs were, in fact, monitored. And, under FISA, had the surveillance been lawful and court-ordered, King would have been legally constrained to dismiss the lawsuit, since according to that law, plaintiffs can only sue if no warrant was ever issued for the alleged surveillance. “If there was a FISA warrant, the whole case would have crumbled on the first day,” says plaintiff attorney Thomas Nelson, “It’s pretty obvious from the government’s conduct in the case, there was no warrant.”
'Inherent Authority' of President - Justice Department lawyers rely on the argument that the president has the inherent authority to order surveillance of suspected terrorists with or without warrants, and that to judge the president’s decision would reveal national secrets that would alert terrorists to government anti-terrorist actions, thereby mandating that this and other lawsuits be dismissed.
Consolidation of Lawsuits - An August 2006 court ruling ordering that the Al Haramain case be consolidated with 54 other NSA-related lawsuits, under US District Court Judge Vaughn Walker, damaged the government’s argument that it cannot be sued in court. Walker has presided over the year-old class-action lawsuit brought before his court by the Electronic Frontier Foundation against AT&T for the telecom firm’s cooperation with the NSA program (see January 31, 2006); Walker ruled in July 2006 that the case would proceed, against government requests that it be thrown out because of national security requirements. Walker ruled that because the government had already admitted to the existence of the program, the state secrets privilege does not apply. (The Justice Department is appealing Walker’s decision.) As for Al Haramain, its lawyers want that case to be adjudicated separately, because the court has sufficient evidence to decide on the case without waiting for the appellate court decision. Another lawyer for the plaintiffs, Jon Eisenberg, tells Walker in February 2007, “You need only read the statutes to decide, ‘Does the president have the right to do this without a warrant?’” Walker has yet to rule on that request. [Wired News, 3/5/2007]

Entity Tags: Thomas Nelson, Vaughn Walker, National Security Agency, US Department of Justice, Jon Eisenberg, John Negroponte, AT&T, Al Haramain Islamic Foundation (Oregon branch), Garr King, Keith Alexander, Electronic Frontier Foundation

Timeline Tags: Civil Liberties

Silvestre Reyes.Silvestre Reyes. [Source: Foreign Policy (.com)]Representative Nancy Pelosi (D-CA), slated to become the new speaker of the House when the Democrats take over leadership of the House in January 2007, names Silvestre Reyes (D-TX) as the chairman of the House Intelligence Committee. Reyes, a former soldier and Border Patrol chief before being elected to Congress, is named to the chairmanship over two other Intelligence Committee Democrats, Jane Harman (D-CA) and Alcee Hastings (D-FL), both of whom outrank him on the committee. Generally an advocate for the military, Reyes supports withdrawing from Iraq, and voted against the original war resolution. He has accused the Bush administration of using “cherry-picked” and “manipulated” intelligence to justify invading Iraq. He is also a strong critic of the Bush administration’s warrantless wiretapping program (see December 15, 2005). [Washington Post, 12/2/2006] Evidence will later show that Harman may have improperly accepted assistance from an Israeli agent, who promised to lobby Pelosi on Harman’s behalf for the chairmanship (see October 2005 and April 19, 2009).

Entity Tags: House Intelligence Committee, Bush administration (43), Jane Harman, Nancy Pelosi, Alcee Hastings, Silvestre Reyes

Timeline Tags: Civil Liberties

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Torture of US Captives, Civil Liberties

On December 24, 2006, Ethiopia invades Somalia with US encouragement, attacking the Islamic Courts Union (ICU), an Islamist militant group that rules much of the country. The invasion is triggered because the ICU had encircled the Somali town of Baidoa, the last hold out of the Transitional Federal Government (TFG), the internationally recognized government of Somalia that actually controls very little of the country. Within days, the Ethiopians conquer the capital of Mogadishu and replace the ICU with the TFG. But Ethiopian troops remain in Somalia, occupying much of the country, and the ICU and other Islamist militant groups are not completely defeated. On January 5, 2007, al-Qaeda second-in-command Ayman al-Zawahiri issues a message urging Somalis to “consume” the “crusader” Ethiopians “as the lions eat their prey.” [Time, 11/29/2007] The US had been quietly improving ties with Ethiopia, and had been secretly training Ethiopian forces in counterterrorism techniques for years. The US covertly assists Ethiopia’s invasion with spy satellite data and other intelligence. A secret US special forces unit, Task Force 88, launches operations into Somalia from Kenya and Ethiopia. On January 6, two US Air Force AC-130 gunships secretly arrive at a small airport in eastern Ethiopia. The next day, they carry out a strike near a small village close to the Kenyan border, attempting to kill al-Qaeda-linked militants fleeing the country. Eight people are killed, but apparently no important al-Qaeda leaders. [New York Times, 2/23/2007] A second AC-130 strike on January 23 also misses its target. It is unknown how many are killed, but the wreckage of six large trucks is later seen at the spot of the attack. But while the US strikes are unsuccessful, al-Qaeda leader Abu Talha al-Sudani is apparently killed at some point during the fighting between Ethiopian forces and Somali militants. The US will not officially say he is dead, but US officials will unofficially say he is to Time magazine later in the year. Al-Sudani is said to have been living in Somalia since 1993 and involved in al-Qaeda attacks in Kenya in 1998 and 2002. [Washington Post, 1/8/2007; Time, 11/29/2007] By summer 2007, US and Ethiopian officials will claim that the war in Somalia is over. However, the fighting, the occasional US strikes, and the Ethiopian occupation, continue. [Time, 11/29/2007]

Entity Tags: Abu Talha al-Sudani, Ayman al-Zawahiri, Transitional Federal Government (Somalia), US Military, Islamic Courts Union

Timeline Tags: Complete 911 Timeline

Al-Qaeda deputy leader Ayman al-Zawahiri releases a new audio message, entitled “Set Out and Support Your Brothers in Somalia.” The audio comes with a video still of al-Zawahiri from one of his previous videos, lasts for five and a half minutes, and was produced by al-Qaeda’s media arm As-Sahab. “You have to use ambushes and mines, and raids and suicidal attacks until you rend and eat your prey as the lion does with his prey,” says al-Zawahiri, who calls on Muslims everywhere—but specifically those in Yemen, the Arab Peninsula, Egypt, North Africa, and Sudan—to participate in a holy war against secular government and Ethiopian forces in Somalia. According to al-Zawahiri, Somalia needs men, experience, money, and advice to defeat the Ethiopian forces, which he calls the “slaves of America.” Addressing Somali Muslims directly, al-Zawahiri reminds them of US intervention in Somalia between 1992 and 1994, saying that America has been defeated before (see October 3-4, 1993), and due to terrorist strikes in Afghanistan and Iraq, the American Army is relatively weaker. Al-Zawahiri also directly calls upon the youth of the radical Egyptian Islamic group Al-Gama’a al-Islamiyya to participate in the jihad. He states that these members joined the group to obey Allah, and if they are prevented from that duty, “they must crush the sarcophagus where they were embalmed alive.” [Fox News, 1/5/2007]

Entity Tags: Ayman al-Zawahiri, As-Sahab, Al-Qaeda

Timeline Tags: Complete 911 Timeline

The Bush administration confirms that it believes US citizens can be designated as “enemy combatants” under the Military Commissions Act (MCA—see October 17, 2006). The confirmation comes during the trial of Ali Saleh Kahlah al-Marri, a Qatari and the only person on the American mainland being held as an enemy combatant. Al-Marri, currently held at the Charleston, South Carolina Naval brig, is a legal US resident accused of being a sleeper agent for al-Qaeda (see September 10, 2001). He was arrested in December 2001, while living with his family and studying computer science at Bradley University in Illinois. Al-Marri is charged, not with any direct terrorist activities, but with credit card fraud and lying to federal agents. He is challenging his indefinite detention in federal court, and the government is using the MCA to argue that al-Marri has no status in the courts because of his designation as an enemy combatant. One of the appellate court judges, Roger Gregory, asks Justice Department lawyer David Salmons, “What would prevent you from plucking up anyone and saying, ‘You are an enemy combatant?’” Salmons responds that the government can do just that, without interference from the courts, and adds, “A citizen, no less than an alien, can be an enemy combatant.” Gregory and the second of the three appellate judges, Diana Gribbon Motz, seem uncomfortable with the law’s provisions that the US judiciary has no role in such designations. When Motz asks Salmons about the difference between nations making war and individuals committing acts of terrorism, Salmons retorts with a familiar, and long-disputed, argument that the US Congress gave the government the right to detain terrorist suspects without charge or recourse to the judiciary when it granted the administration the right to use military force against terrorists after the 9/11 attacks (see September 14-18, 2001).
Theoretically Declaring War on PETA - Motz is skeptical of the argument, and asks a series of hypothetical questions about just what organizations or individuals President Bush could designate as enemy combatants. Using the animal rights group People for the Ethical Treatment of Animals (PETA) as an example, Motz asks, “Could the president declare war on PETA?” Salmons says the question is unrealistic, but refuses to say that Bush could not do so if he chose. The Bush administration is careful in its use of the enemy combatant designation, Salmons says, therefore, “The representative of PETA can sleep well at night.” [New York Times, 2/2/2007]
Ignoring Constitutional Concept of 'Inalienable Rights' - Author and investigative journalist Robert Parry notes that in the al-Marri case, the Bush administration is arguing against the concept of “inalienable,” or “unalienable,” rights as granted by the Constitution and the Bill of Rights. According to the administration, as long as the US is embroiled in what it calls the “war on terror,” Bush can use his “plenary,” or unlimited, executive powers to essentially waive laws and ignore Constitutional rights if he so chooses. Parry writes that “since the ‘war on terror’ will go on indefinitely and since the ‘battlefield’ is everywhere, Bush is asserting the president’s right to do whatever he wants to whomever he wants wherever the person might be, virtually forever.” Parry concludes, “The Justice Department’s arguments in the [al-]Marri case underscore that Bush still sees himself as a modern-day version of the absolute monarch who gets to decide which rights and freedoms his subjects can enjoy and which ones will be denied.” [Consortium News, 2/3/2007]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Al-Qaeda, David Salmons, George W. Bush, Robert Parry, Roger Gregory, Diana Gribbon Motz, US Department of Justice, People for the Ethical Treatment of Animals

Timeline Tags: Civil Liberties

Thom Hartmann.Thom Hartmann. [Source: Pittsburgh Post-Gazette]Author and talk show host Thom Hartmann issues a call for the repeal of the Military Commissions Act (MCA) (see October 17, 2006). He frames his argument with a quote from the revered British Conservative Prime Minister, Winston Churchill: “The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious, and the foundation of all totalitarian government whether Nazi or Communist.” The MCA is “the most conspicuous part of a series of laws which have fundamentally changed the nature of this nation, moving us from a democratic republic to a state under the rule of a ‘unitary’ president,” Hartmann writes. The MCA is an “attack on eight centuries of English law,” the foundation of US jurisprudence that goes back to 1215 and the Magna Carta. While the MCA’s supporters in and out of the administration give reassurances that the law only applies to non-citizens, Hartmann notes that two US citizens, Jose Padilla and Yaser Esam Hamdi, have already been stripped of their habeas corpus rights. Habeas corpus, Hartmann writes, is featured prominently in Article I of the US Constitution. Attorney General Alberto Gonzales was flat wrong in saying that the Constitution provided “no express grant of habeas” (see January 17, 2007), Hartmann writes. “Our Constitution does not grant us rights, because ‘We’ already hold all rights. Instead, it defines the boundaries of our government, and identifies what privileges ‘We the People’ will grant to that government.” The authors of the Constitution “must be turning in their graves,” Hartmann writes, quoting the “most conservative” of those authors, Alexander Hamilton: “The establishment of the writ of habeas corpus… are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains.… [T]he practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny.” Hamilton’s colleague Thomas Jefferson said that laws such as habeas corpus make the US government “the strongest government on earth.” Now, Hartmann writes, the strength of that government is imperiled. [CommonDreams (.org), 2/12/2007]

Entity Tags: Winston Leonard Spencer Churchill, Alberto R. Gonzales, Alexander Hamilton, Jose Padilla, Magna Carta, Military Commissions Act, Yaser Esam Hamdi, Thomas Jefferson, Thomas Hartmann

Timeline Tags: Civil Liberties

A bipartisan group of senators headed by Ron Wyden (D-OR) and Kit Bond (R-MI) campaign to force the CIA to release the executive summary of a report by its inspector general about some aspects of its performance before 9/11. Wyden says, “It’s amazing the efforts the administration is going to stonewall this,” adding that he is considering linking acceptance of President Bush’s nominations for national security positions to the report’s release. Wyden also says that the report is not being kept secret for national security reasons, but merely to protect individuals from embarrassment. Apparently, some of the officials criticized in the report are still in “senior government positions.” The idea of releasing the executive summary is twice approved by the Senate before being made law in August 2007 (see August 8, 2007). [Associated Press, 5/18/2007]

Entity Tags: Christopher (“Kit”) Bond, Office of the Inspector General (CIA), Central Intelligence Agency, Ron Wyden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Nieman Reports, a quarterly magazine about journalism, publishes an article by investigative journalist Craig Pyes describing how the US Army attempted to undermine a Los Angeles Times investigation looking into the March 2003 deaths of two Afghan detainees (see March 16, 2003). It is believed that members of a Special Forces detachment in Afghanistan murdered the two men, identified as Jamal Naseer and Wakil Mohammed, and then covered up the circumstances surrounding their deaths. An official investigation into the two deaths by the Army’s Criminal Investigation Command (CID) found insufficient probable cause to bring charges for either of the two deaths. As a result of the CID investigation, two soldiers were given noncriminal administrative letters of reprimand (see January 26, 2007) for “slapping” prisoners at the Gardez facility and for failing to report the death of Naseer. In his article, Pyes recounts the resistance he and his colleague Kevin Sack encountered from the military as they sought information about the two deaths. The military refused to disclose basic information about the circumstances surrounding the two deaths, including the two men’s identities, the circumstances of their detention, the charges against them, court papers, and investigative findings. The journalists also learned that soldiers had been told by their superiors that it was important that everyone be “on the same page in case there was an investigation.” During their investigation, they also discovered that “military examiners had made some significant errors, including their initial failure to identify the victims. They also grossly misidentified dates of crucial events and persistently failed to interview key people and locate supporting documents.” [Nieman Watchdog, 3/2/2007]

Entity Tags: Wakil Mohammed, United Nations Assistance Mission in Afghanistan, US Special Forces, Jamal Naseer, Los Angeles Times, Criminal Investigation Command

Timeline Tags: Torture of US Captives, War in Afghanistan

High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad.High value detainees. Top row, from left: KSM, Mustafa Ahmad al-Hawsawi, Hambali, Khallad bin Attash. Middle row, from left: Ali Abdul Aziz Ali, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri, Abu Zubaida. Bottom row, from left: Majid Khan, Ahmed Khalfan Ghailani, Abu Faraj al-Libbi, Mohamad Farik Amin, Mohammed Nazir Bin Lep, and Gouled Hassan Dourad. [Source: FBI (except for AFP for Hambali, New York Times for Abu Zubaida, and Reuters for Majid Khan)]Combat Status Review Tribunal hearings are held for fourteen high-value detainees who have been moved to Guantanamo Bay and are being held there by the US military (see September 2-3, 2006). The purpose of the hearings is to check that the detainees are properly designated as “enemy combatants.” Transcripts of the unclassified part of the hearings are released to the media, but no journalists are allowed to attend the hearings, and no photographs of the prisoners are released. However, Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL) view Khalid Shaikh Mohammed’s confession on closed circuit television in Guantanamo Bay (see March 10, 2007).
bullet Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) admits to being involved in dozens of terror plots and attempts to morally justify his actions (see March 10, 2007), causing a good deal of interest in the media (see March 15-23, 2007 and Shortly After).
bullet Mustafa Ahmad al-Hawsawi says he is not an al-Qaeda member. However, he admits receiving military training from al-Qaeda, and helping some of the 9/11 hijackers, as well as knowing Osama bin Laden, Ayman Al-Zawahiri, Ramzi bin al-Shibh, and KSM (see March 21, 2007).
bullet Hambali is accused of being a leader of al-Qaeda affiliate Jemaah Islamiyah (JI) and being involved in several bomb plots in Southeast Asia. He submits a wide-ranging written statement and denies all involvement in terrorist acts, saying he resigned from JI in 2000. [US department of Defense, 4/4/2007 pdf file]
bullet Khallad bin Attash is accused of being involved in the attacks on US embassies in East Africa and the USS Cole. He says that the details of his participation in the attacks, as presented in the evidence, are incorrect, but admits being involved in the attacks. [US department of Defense, 3/12/2007 pdf file]
bullet Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) admits sending hijacker Marwan Alshehhi some money, but says he knew nothing of the plot, denies being an “enemy combatant,” and says he has provided “vital information” to the US (see March 30, 2007).
bullet Ramzi bin al-Shibh refuses to attend the hearing, or talk to his personal representative and translator, so only the summary of unclassified evidence is read out at the hearing. He is accused of knowing three of the hijacker pilots and facilitating the plot, as well as helping Zacarias Moussaoui and being captured at an al-Qaeda safehouse. [US department of Defense, 3/9/2007 pdf file]
bullet Abd al-Rahim al-Nashiri is accused of involvement in the African embassy and USS Cole bombings, but claims that he was tortured into confessing details of plots he invented (see March 10-April 15, 2007). However, he admits knowing Osama bin Laden and several other militants, as well as receiving up to $500,000 from bin Laden and distributing it to associates, some of whom used the money to get married and some of whom used it “to do other stuff.” He admits knowing the people involved in the USS Cole attack, such as al-Qaeda leader Khallad bin Attash, who he describes as a “regular guy who was jihadist,” and he admits buying the boat used in the attack and some explosives in Yemen using money provided by bin Laden. [US department of Defense, 3/14/2007 pdf file]
bullet Abu Zubaida is accused of heading the Khaldan and Darunta training camps in Afghanistan, and admits heading Khaldan, but denies actually being a member of al-Qaeda (see March 27, 2007) and complains of torture (see March 10-April 15, 2007).
bullet Ahmed Khalfan Ghailani is accused of being involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998), for which he was indicted in the US. He admits being present when one of the bomb trucks was purchased and traveling in a scouting vehicle, but not to the embassy; and he admits buying the explosives, but argues another team member “could have gotten it himself, but he sent me to get it and bring it to him.” He also says he was told the explosives were for “mining diamonds.” He admits working with al-Qaeda, but denies actually being a member. He concludes by saying he “would like to apologize to the United States Government for what I did before… it was without my knowledge what they were doing but I helped them.” [US Department of Defense, 3/17/2007 pdf file]
bullet Majid Khan, who is alleged to have facilitated travel for extremists and to have planned an attack inside the US, attends the hearing, but says he “would rather have a fair trial… than a tribunal process.” He also denies the charges, complains of being tortured in US custody (see March 10-April 15, 2007), and submits favorable testimony from witnesses. For example, one witness claims he was forced to make a false statement saying that Khan wanted to participate in a suicide operation against Pakistani President Musharraf by the FBI, which threatened to transfer him to Guantanamo Bay. Khan also points out that he helped the FBI catch an illegal immigrant and says he will take a lie detector test. [US department of Defense, 4/15/2007 pdf file]
bullet Abu Faraj al-Libbi, who was accused of running an al-Qaeda guest house in Afghanistan, running a communications hub, and facilitating travel for militant trainees, elects not to participate in his hearing, as, according to his personal representative, “his freedom is far too important to be decided by an administrative process and [he] is waiting for legal proceedings.” [US department of Defense, 3/9/2007 pdf file]
bullet Mohamed Farik Amin is accused of being involved with the al-Qaeda affiliate Jemaah Islamiyah and of helping finance attacks by it. He attends the hearing, but does not say anything. [US department of Defense, 3/13/2007 pdf file]
bullet Mohammed Nazir Bin Lep (a.k.a. Lillie) does not to attend the hearing and is represented by his personal representative. He is accused of facilitating the transfer of funds for attacks in Southeast Asia, being an associate of Hambali, and having suspicious materials in the apartment where he was arrested. He says he has “nothing to do with JI” and that “it is true I facilitated the movement of money for Hambali, but I did not know what it was going to be used for.” He also points out, “it is not against the law in Thailand to have an M-16 in your apartment.” [US Department of Defense, 3/20/2007 pdf file]
bullet Gouled Hassan Dourad is accused of heading an al-Qaeda cell in Djibouti and of participating in operations by Al-Ittihad al-Islami in Somalia, but decides not to attend the hearing. He denies the specific allegations, but acknowledges fighting Ethiopians, which he says is his “right.” [US Department of Defense, 4/28/2007]

Entity Tags: Ali Abdul Aziz Ali, Gouled Hassan Dourad, Jemaah Islamiyah, Ahmed Khalfan Ghailani, Hambali, Abu Zubaida, Majid Khan, Abd al-Rahim al-Nashiri, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Mohammed Nazir Bin Lep, Mohamad Farik Amin, Khalid Shaikh Mohammed, Abu Faraj al-Libbi, Khallad bin Attash

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

A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture).A photo of Khalid Shaikh Mohammed allegedly taken during his capture in 2003 (there are controversies about the capture). [Source: FBI]Khalid Shaikh Mohammed (KSM) attends his combat status review tribunal at Guantanamo Bay (see March 9-April 28, 2007), where he admits participating in the 9/11 attacks and numerous other plots, and offers a defense of his actions. He claims responsibility or co-responsibility for a list of 31 plots, including:
bullet The 1993 World Trade Center bombing (see February 26, 1993);
bullet The 9/11 operation: “I was responsible for the 9/11 operation from A to Z”;
bullet The murder of Daniel Pearl (see January 31, 2002): “I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl”;
bullet The late 2001 shoe bombing operation (see December 22, 2001);
bullet The 2002 Bali nightclub bombings (see October 12, 2002);
bullet A series of ship-bombing operations (see Mid-1996-September 11, 2001 and June 2001);
bullet Failed plots to assassinate several former US presidents;
bullet Planned attacks on bridges in New York;
bullet Various other failed attacks in the US, UK, Israel, Indonesia, Australia, Japan, Azerbaijan, the Philippines, India, South Korea, and Turkey;
bullet The planned destruction of an El-Al flight in Bangkok;
bullet The Bojinka plot (see January 6, 1995), and assassination plans for President Clinton (see September 18-November 14, 1994) and the Pope (see September 1998-January 1999); and
bullet Planned attacks on the Library Tower in California, the Sears Tower in Chicago, the Empire State Building in New York, and the “Plaza Bank” in Washington State (see October 2001-February 2002). [US Department of Defense, 3/10/2007 pdf file] However, the Plaza Bank was not founded until 2006, three years after KSM was captured. The bank’s president comments: “We’re confused as to how we got on that list. We’ve had a little bit of fun with it over here.” [Seattle Post-Intelligencer, 3/15/2007]
On the other hand, KSM denies receiving funds from Kuwait or ever heading al-Qaeda’s military committee; he says this was a reporting error by Yosri Fouda, who interviewed him in 2002 (see April, June, or August 2002). In addition, he claims he was tortured, his children were abused in detention, and that he lied to his interrogators (see June 16, 2004). He also complains that the tribunal system is unfair and that many people who are not “enemy combatants” are being held in Guantanamo Bay. For example, a team sent by a Sunni government to assassinate bin Laden was captured by the Taliban, then by the US, and is being held in Guantanamo Bay. He says that his membership of al-Qaeda is related to the Bojinka operation, but that even after he became involved with al-Qaeda he continued to work with another organization, which he calls the “Mujaheddin,” was based in Pakistan, and for which he says he killed Daniel Pearl. [US Department of Defense, 3/10/2007 pdf file] (Note: KSM’s cousin Ramzi Yousef was involved with the militant Pakistani organization Sipah-e-Sahaba.) [Reeve, 1999, pp. 50, 54, 67] Mohammed says he was waterboarded by his interrogators. He is asked: “Were any statements you made as the result of any of the treatment that you received during that time frame from 2003 to 2006? Did you make those statements because of the treatment you receive from these people?” He responds, “CIA peoples. Yes. At the beginning, when they transferred me.” [ABC News, 4/11/2008] He goes on to compare radical Islamists fighting to free the Middle East from US influence to George Washington, hero of the American War of Independence, and says the US is oppressing Muslims in the same way the British are alleged by some to have oppressed Americans. Regarding the fatalities on 9/11, he says: “I’m not happy that three thousand been killed in America. I feel sorry even. I don’t like to kill children and the kids.” Although Islam prohibits killing, KSM argues that there is an exception because “you are killing people in Iraq.… Same language you use, I use.… The language of war is victims.” [US Department of Defense, 3/10/2007 pdf file] The hearing is watched from an adjoining room on closed circuit television by Senator Carl Levin (D-MI) and former Senator Bob Graham (D-FL). [US Congress, 3/10/2007] KSM’s confession arouses a great deal of interest in the media, which is skeptical of it (see March 15-23, 2007 and Shortly After).

Entity Tags: Daniel Robert (“Bob”) Graham, Khalid Shaikh Mohammed, Carl Levin

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

Silvestre Reyes.Silvestre Reyes. [Source: US House of Representatives]In response to a question asked at a briefing, CIA Director Michael Hayden makes an “offhand comment” to the House Intelligence Committee indicating that tapes the CIA has made of detainee interrogations have been destroyed (see Spring-Late 2002). Although some committee members have been aware of the tapes’ existence since 2003 (see February 2003), this is apparently the first time they learn of their destruction, which occurred over year ago (see November 2005). The destruction is again “briefly mentioned” in a letter to a member of the committee in mid-April. Leading committee members Silvestre Reyes and Peter Hoekstra will later write to Hayden, “We do not consider this to be sufficient notification. Moreover, these brief mentions were certainly not contemporaneous with the decision to destroy the videotapes.” [US Congress, 12/7/2007] The Senate Intelligence Committee is apparently not informed until later (see December 7, 2007).

Entity Tags: Michael Hayden, Peter Hoekstra, Central Intelligence Agency, House Intelligence Committee, Silvestre Reyes

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A cartoonist’s view of Khalid Shaikh Mohammed’s confession.A cartoonist’s view of Khalid Shaikh Mohammed’s confession. [Source: Rob Rodgers / Pittsburgh Post-Gazette]Khalid Shaikh Mohammed’s (KSM) confession at a Guantanamo Bay hearing (see March 10, 2007), becomes, as Time puts it, “a focus of cable TV and other media coverage, a reminder of America’s ongoing battle against international terrorism.” [Time, 3/15/2007] However, terrorism analysts are skeptical of some aspects of it. In an article entitled Why KSM’s Confession Rings False, former CIA agent Robert Baer says that KSM is “boasting” and “It’s also clear he is making things up.” Specifically, Baer doubts that KSM murdered Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Baer notes that this “raises the question of just what else he has exaggerated, or outright fabricated.” Baer also points out he does not address the question of state support for al-Qaeda and that “al-Qaeda also received aid from supporters in Pakistan, quite possibly from sympathizers in the Pakistani intelligence service.” [Time, 3/15/2007] Pearl’s father also takes the confession of his son’s murder “with a spice of doubt.” [Hindustan Times, 3/23/2007] Journalist Yosri Fouda, who interviewed KSM in 2002 (see April, June, or August 2002), comments, “he seems to be taking responsibility for some outrages he might not have perpetrated, while keeping quiet about ones that suggest his hand.” Specifically, he thinks KSM may have been involved in an attack in Tunisia that killed about 20 people (see April 11, 2002). [London Times, 3/18/2007] KSM is also believed to have been involved in the embassy and USS Cole bombings (see Mid-1996-September 11, 2001), but these are also not mentioned. Terrorism analyst Bruce Riedel also does not take the confession at face value, saying, “He wants to promote his own importance. It’s been a problem since he was captured.” [Time, 3/15/2007] The Los Angeles Times notes that, according to intelligence officials, “the confession should be taken with a heavy dose of skepticism.” A former FBI manager says: “Clearly he is responsible for some of the attacks. But I believe he is taking credit for things he did not have direct involvement in.” [Los Angeles Times, 3/16/2007] The Seattle Post-Intelligencer points out that the Plaza Bank, one of the targets KSM says he planned to attack, was actually established in 2006, three years after he was captured. [Seattle Post-Intelligencer, 3/15/2007] Michael Scheuer, formerly head of the CIA’s bin Laden unit, notes KSM only says he is “involved” in the plots and that 31 plots in 11 years “can hardly be called excessive.” [Hindustan Times, 3/23/2007] Some media are even more skeptical. For example, the Philadelphia Inquirer comments that KSM, “claimed credit for everything but being John Wilkes Booth’s handler.” [Philadelphia Inquirer, 3/30/2007]

Entity Tags: Yosri Fouda, Judea Pearl, Daniel Pearl, Khalid Shaikh Mohammed, Michael Scheuer, Robert Baer, Bruce Riedel

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

Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11.Mustafa Ahmed al-Hawsawi. The picture is taken from a stamped document prior to 9/11. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]At his combat status review tribunal in Guantanamo Bay, 9/11 facilitator Mustafa Ahmed al-Hawsawi denies providing a large amount of funds for the plot, although he does admit knowing some of the hijackers and helping them travel to the US. According to the Los Angeles Times, his denial that he provided substantial amounts to the hijackers is surprising because, “US authorities, as well as the Sept. 11 commission that investigated the attacks, have long alleged that al-Hawsawi was a top lieutenant of plot mastermind Khalid Shaikh Mohammed… [and he]… arranged funding and travel for several of the 19 hijackers.” Meyer also points out that, “the unclassified summary of evidence read at the hearing did not mention any instances in which he allegedly sent money to them. When specifically asked during the hearing if he had done so, al-Hawsawi said he had not.” [Los Angeles Times, 3/30/2007] The unclassified facts supporting his designation as an enemy combatant mostly relate to his receiving money transfers from some of the hijackers just before 9/11 (see September 5-10, 2001), a laptop computer hard-drive containing information about al-Qaeda that is said to be “associated with the detainee,” and a nineteen-page address book. He admits returning to Pakistan just before 9/11 on the advice of 9/11 managers Ramzi bin al-Shibh and Khalid Shaikh Mohammed, meeting Osama bin Laden and Ayman Al-Zawahiri, receiving military training in an al-Qaeda camp, meeting four of the muscle hijackers (see Early-Late June, 2001), and talking to Mohamed Atta on the phone. However, he says that the information on the hard-drive was copied from other computers and was not put there by him, the address book is not his, he never swore bayat to Bin Laden, and is therefore not an al-Qaeda member. [US department of Defense, 3/21/2007 pdf file] Several other high-value detainees have combat status review tribunals hearings at this time (see March 9-April 28, 2007).

Entity Tags: Mustafa Ahmed al-Hawsawi

Timeline Tags: Complete 911 Timeline

At a Guantanamo Bay tribunal to decide his combat status (see March 9-April 28, 2007), militant Islamist logistics manager Abu Zubaida (see March 28, 2002) is accused of heading Khaldan and Darunta training camps in Afghanistan and of co-ordinating their operation with Osama bin Laden, as well as moving money for al-Qaeda, desiring fraudulently-obtained Canadian passports for a terrorist plot, and making diary entries about planned attacks in the US. [US Department of Defense, 3/27/2007 pdf file]
Complaints of Torture, Admission of False Confessions - Zubaida complains of being tortured in US custody (see Mid-May 2002 and After and March 10-April 15, 2007). Zubaida’s statements about his treatment in US custody will be redacted from the trial transcripts, but a few remarks remain. In broken English, Zubaida states: “I was nearly before half die plus [because] what they do [to] torture me. There I was not afraid from die because I do believe I will be shahid [martyr], but as God make me as a human and I weak, so they say yes, I say okay, I do I do, but leave me. They say no, we don’t want to. You to admit you do this, we want you to give us more information… they want what’s after more information about more operations, so I can’t. They keep torturing me.” The tribunal president, a colonel whose name is also redacted, asks, “So I understand that during this treatment, you said things to make them stop and then those statements were actually untrue, is that correct?” Zubaida replies, “Yes.” [US Department of Defense, 3/27/2007 pdf file; Vanity Fair, 12/16/2008]
Denies Being Al-Qaeda Member or Enemy of US - He goes on to deny that he is an “enemy combatant,” saying that the Khaldan training camp, which he admits being logistics manager of, was around since the Soviet-Afghan War and was also used to train Muslims who wanted to fight invaders in Muslim lands, such as Chechnya, Kashmir, the Philippines, and Bosnia, where “America helped us.” After he was captured the US administration exaggerated his importance, and some media accounts have suggested his role was greatly exaggerated (see Shortly After March 28, 2002). He denies being an official member of al-Qaeda and says he disagrees with attacks on civilians. However, he admits some of his trainees subsequently decided to join al-Qaeda and that he did not prevent them from doing this. He also denies moving the money and submits a volume of his diary that apparently shows he was in Pakistan when the charges state he went to Saudi Arabia to collect the money. He requests the production of other volumes of his diaries, on which some of the charges are based, but they are not made available to the tribunal. In addition, he denies corresponding with bin Laden before 2000 and details a dispute that arose between them after that time. He says his diary entries about military targets are “strictly hypothetical,” and the passports are for non-terrorist travel. Following the US invasion of Afghanistan, he admits he helped non-aligned fighters escape from South Asia. He states that he is an enemy of the US because of its alliance with Israel, which he claims is oppressing his fellow Palestinians, saying, “A partner of a killer is also a killer.” [US Department of Defense, 3/27/2007 pdf file]

Entity Tags: Darunta training camp, Abu Zubaida, Al-Qaeda, Khaldan training camp

Timeline Tags: Torture of US Captives, Complete 911 Timeline

ACLU advertisement against the Military Commissions Act.ACLU advertisement against the Military Commissions Act. [Source: ACLU]The American Civil Liberties Union strongly objects to the stripping of habeas corpus rights contained within the Military Commissions Act (MCA—see October 17, 2006). The ACLU observes, “Habeas corpus isn’t a fancy legal term. It’s the freedom from being thrown in prison illegally, with no help and no end in sight. No president should ever be given the power to call someone an enemy, wave his hand, and lock them away indefinitely. The Founders made the president subject to the rule of law. They rejected dungeons and chose due process.” [American Civil Liberties Union, 3/28/2007]

Entity Tags: Military Commissions Act, American Civil Liberties Union

Timeline Tags: Civil Liberties

Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009.Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) at Guantanamo in July 2009. [Source: International Committee of the Red Cross]At his Combat Status Review Tribunal hearing in Guantanamo Bay (see March 9-April 28, 2007), 9/11 facilitator Ali Abdul Aziz Ali (a.k.a. Ammar al-Baluchi) denies being an enemy combatant and says he has provided “vital information” to the US. Regarding the allegations against him:
bullet He admits sending money to hijacker Marwan Alshehhi in the US, but says it was Alshehhi’s money and he regularly moved money for others—he did not know Alshehhi intended to hijack airliners (see June 28-30, 2000);
bullet He admits knowing and working for Khalid Shaikh Mohammed (KSM), his uncle, but says he had no idea KSM was connected to al-Qaeda;
bullet He admits leaving Dubai just before 9/11, but says this was due to residence permit problems (see September 9-11, 2001);
bullet He also denies various other allegations made against him and says he has never been a member of al-Qaeda, trained in the camps, or met Osama bin Laden and Ayman al-Zawahiri.
Statements by KSM and Ramzi bin al-Shibh saying he was not involved in the operation are also submitted in his defense. In his final statement to the tribunal he says: “Ever since I was turned in to the United States government, about four years ago, the government uses my services by getting information from me about al-Qaeda activities and personnel that I obtained through independent research. The United States has benefited from the vital and important information I supplied by foiling al-Qaeda plans and obtaining information on al-Qaeda personnel… So, is it fair or reasonable that after all the important and vital information I have supplied to the United States government that I be considered an enemy combatant?” [US Department of Defense, 4/12/2007 pdf file] The CIA refuses to comment on Ali’s claim he is cooperating. [Los Angeles Times, 4/13/2007]

Entity Tags: Ramzi bin al-Shibh, Ali Abdul Aziz Ali, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

French investigative journalist Guillaume Dasquie writes an article for Le Monde detailing the extensive knowledge obtained by the French intelligence service Direction Générale de la Sécurité Extérieure (DGSE) about al-Qaeda between July 2000 and October 2001. The article is based on a series of DGSE reports leaked to Dasquie about al-Qaeda’s funding (see July 24, 2000), aerial photographs of Osama bin Laden (see August 28, 2000), and al-Qaeda threats against the US (see Between September 2000 and August 2001), including aircraft piracy. [Le Monde (Paris), 4/15/2007; Le Monde (Paris), 7/4/2007]

Entity Tags: Direction Générale de la Sécurité Extérieure, Al-Qaeda, Osama bin Laden, Guillaume Dasquie

Timeline Tags: Complete 911 Timeline

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

Page 12 of 14 (1375 events)
previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 | next

Ordering 

Time period


Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike