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Context of 'October 2003: AT&T Technician Learns Details of NSA ‘Secret Room’ in San Francisco Facility'

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US-Cuba (1959-2005)

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

July 26-27, 1970: Nixon Rejects Huston Plan

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Timeline Tags: Civil Liberties

Soliman Biheiri.Soliman Biheiri. [Source: US Immigrations and Customs]BMI Inc., a real estate investment firm based in Secaucus, New Jersey, is formed in 1986. Former counterterrorism “tsar” Richard Clarke will state in 2003, “While BMI [has] held itself out publicly as a financial services provider for Muslims in the United States, its investor list suggests the possibility this facade was just a cover to conceal terrorist support. BMI’s investor list reads like a who’s who of designated terrorists and Islamic extremists.” Investors in BMI include: [US Congress, 10/22/2003]
bullet Soliman Biheiri. He is the head of BMI for the duration of the company’s existence. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. Biheiri’s computer will eventually be searched and found to have contact information for Ghaleb Himmat and Youssef Nada, leaders of the Al Taqwa Bank, which is founded two years after BMI (see 1988). After 9/11, the US and UN will designate both Himmat and Nada and the Al Taqwa Bank as terrorist financiers, and the bank will be shut down (see November 7, 2001). US prosecutors say there are other ties between BMI and Al Taqwa, including financial transactions. Biheiri also has close ties with Yousuf Abdullah Al-Qaradawi. Qaradawi is said to be a high-ranking member of the Muslim Brotherhood, a shareholder in Al Taqwa, and has made statements supporting suicide bombings against Israel. In 2003, US investigators will accuse Biheiri of ties to terrorist financing. He will be convicted of immigration violations and lying to a federal agent (see June 15, 2003). [Wall Street Journal, 9/15/2003; Forward, 10/17/2003] Biheiri will be convicted of immigration fraud in 2003 and then convicted of lying to federal investigators in 2004 (see June 15, 2003).
bullet Abdullah Awad bin Laden, a nephew of Osama bin Laden. He invests about a half-million dollars in BMI real estate ventures, earning a profit of $70,000. For most of the 1990s he runs the US branch of a Saudi charity called World Assembly of Muslim Youth (WAMY). He is investigated by the FBI in 1996 (see February-September 11, 1996), and WAMY will be raided by US agents in 2004 (see June 1, 2004). The raid is apparently part of a larger investigation into terrorism financing. In 2001, at least two of the 9/11 hijackers will live three blocks away from the WAMY office (see March 2001 and After). [Wall Street Journal, 9/15/2003; Washington Post, 4/19/2004]
bullet Nur and Iman bin Laden, two female relatives of Osama bin Laden. Abdullah Awad bin Laden will invest some of their money in a BMI real estate project. While their bin Laden family ties are intriguing, neither have been accused of any knowing connections to terrorist financing. [Washington Post, 4/19/2004]
bullet Mousa Abu Marzouk. He has identified himself as a top leader of Hamas. The US declares him a terrorist in 1995 (see July 5, 1995-May 1997). BMI makes at least two transactions with Marzouk after he is declared a terrorist. [Wall Street Journal, 9/15/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. His lawyers will later claim he has no terrorism ties and had only a passing involvement with BMI and liquidated his investment in it in 1996. However, another company operating from the same office as BMI is called Kadi International Inc. and lists its president as al-Qadi. Al-Qadi is also a major investor in the suspect computer company Ptech (see 1994; 1999-After October 12, 2001). Al-Qadi and BMI head Biheiri have financial dealings with Yaqub Mirza, a Pakistani who manages a group of Islamic charities in Virginia known as the SAAR network (see July 29, 1983). These charities will be raided in March 2002 on suspicions of terrorism ties (see March 20, 2002). Shortly after 9/11, the US will officially declare al-Qadi a terrorist financier (see October 12, 2001). [Wall Street Journal, 9/15/2003]
bullet Saleh Kamel. BMI allegedly receives a $500,000 investment from the Dallah Al-Baraka banking conglomerate, which is headed by Kamel. For many years before 9/11, Omar al-Bayoumi, an associate of 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi, will receive a salary from Dallah, despite apparently doing no work. Some will accuse al-Bayoumi of involvement in funding the 9/11 plot, but that remains to been proven (see August 1994-July 2001). Kamel reportedly founded a Sudanese Islamic bank which housed accounts for senior al-Qaeda operatives. He is a multi-billionaire heavily involved in promoting Islam, and his name appears on the Golden Chain, a list of early al-Qaeda supporters (see 1988-1989). He denies supporting terrorism. [US Congress, 10/22/2003; Wall Street Journal, 6/21/2004]
bullet The Kuwait Finance House. According to Clarke, this organization is alleged to be a BMI investor and the “financial arm of the Muslim Brotherhood in Kuwait. Several al-Qaeda operatives have allegedly been associated with the Kuwaiti Muslim Brotherhood, including Khalid Shaikh Mohammed, Suliman abu Ghaith, Wadih El-Hage, and Ramzi Yousef.” In 2003, an apparent successor entity to the Kuwait Finance House will be designated as a terrorist entity by the US. A lawyer for the Kuwait Finance House will later say the bank has never let its accounts be used for terrorism. [Wall Street Journal, 9/15/2003; US Congress, 10/22/2003; Wall Street Journal, 4/20/2005]
bullet Tarek Swaidan. He is a Kuwaiti, an associate of al-Qadi, and a leading member of the Kuwaiti branch of the Muslim Brotherhood. It is unknown if he has made any denials about his alleged associations. [Wall Street Journal, 9/15/2003]
bullet Abdurahman Alamoudi. For many years he runs the American Muslim Council, a lobby group founded by a top Muslim Brotherhood figure. US prosecutors say he also is in the Brotherhood, and has alleged ties to Hamas. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Wall Street Journal, 6/21/2004; Washington Post, 10/16/2004]
bullet The International Islamic Relief Organization (IIRO) and the Muslim World League, closely connected Saudi charities suspected of financing terrorism. They give BMI $3.7 million out of a $10 million endowment from unknown Saudi donors. The Financial Times will later note, “While it is not clear whether that money came from the Saudi government, [a 2003] affidavit quotes a CIA report that says the Muslim World League ‘is largely financed by the government of Saudi Arabia.’” Both organizations consistently deny any support of terrorism financing, but in early 2006 it will be reported that US officials continue to suspect them of such support (see January 15, 2006). [Financial Times, 8/21/2003] In 1992, a branch of the IIRO gives $2.1 million to BMI Inc. to invest in real estate. The money disappears from BMI’s books. In October 1999, BMI goes defunct after it is unable to repay this money to the IIRO branch. The IIRO branch gives BMI the rest of the $3.7 million between 1992 and 1998. BMI will use the money to buy real estate (see 1992). Eventually, some of this money will be given to Hamas operatives in the West Bank and spent on violent actions against Israel. This will eventually lead to legal action in the US and a seizure of some of the money. [Wall Street Journal, 11/26/2002; Washington Post, 8/20/2003; Washington Times, 3/26/2004; Washington Post, 4/19/2004] By 1992, BMI has projected revenues in excess of $25 million, based largely on their real estate investments in the US. [US Congress, 10/22/2003] In early 1999, months before BMI goes defunct, the FBI hears evidence potentially tying BMI to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), but an investigation into this will not be pursued (see Early 1999). It should be noted that BMI had many investors, and presumably most BMI investors would have had no suspicions that their money might be used to fund terrorism or other types of violence.

Entity Tags: Iman bin Laden, International Islamic Relief Organization, Muslim World League, Kuwait Finance House, Nur bin Laden, Mousa Abu Marzouk, Abdurahman Alamoudi, Richard A. Clarke, Soliman Biheiri, Abdullah Awad bin Laden, Yousuf Abdullah Al-Qaradawi, Tarek Swaidan, Yassin al-Qadi, Saleh Abdullah Kamel

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Nawaf Alhazmi (left), and Khalid Almihdhar (right).Nawaf Alhazmi (left), and Khalid Almihdhar (right). [Source: FBI]Of all the 9/11 hijackers, Nawaf Alhazmi and Khalid Almihdhar have the longest records of involvement with al-Qaeda. CIA Director Tenet calls them al-Qaeda veterans. According to the CIA, Alhazmi first travels to Afghanistan in 1993 as a teenager, then fights in Bosnia with Alhazmi (see 1995). Almihdhar makes his first visit to Afghanistan training camps in 1996, and then fights in Chechnya in 1997. Both swear loyalty to bin Laden around 1998. Alhazmi fights in Afghanistan against the Northern Alliance with his brother, Salem Alhazmi. He fights in Chechnya, probably in 1998. [Observer, 9/23/2001; ABC News, 1/9/2002; US Congress, 6/18/2002; Los Angeles Times, 9/1/2002; US Congress, 7/24/2003, pp. 131 pdf file] He then returns to Saudi Arabia in early 1999 where he shares information about the 1998 US embassy bombings. However it is not clear what information he disclosed to whom or where he obtained this information. [US Congress, 7/24/2003, pp. 131 pdf file] It is possible that some or all of this information came from the NSA, which is intercepting some of Alhazmi’s phone calls at this time (see Early 1999).

Entity Tags: Al-Qaeda, Osama bin Laden, George J. Tenet, Nawaf Alhazmi, Khalid Almihdhar, Northern Alliance, Salem Alhazmi

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mahmud Abouhalima.Mahmud Abouhalima. [Source: Agence France-Presse]Mahmud Abouhalima is arrested for his role in the February 1993 WTC bombing. He meets with US investigators without his lawyer and provides a detailed account of the Al-Kifah Refugee Center, bin Laden’s main support base in the US in the early 1990s. He says that twice he turned to a Texas acquaintance named Wadih El-Hage to buy weapons for his associates. El-Hage, who turns out to be bin Laden’s personal secretary (see September 15, 1998), will later be caught and convicted of bombing the US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). Abouhalima further recounts fighting in Afghanistan with the mujaheddin in the 1980s and tells of travelling to training camps with a Palestinian man named Mohammed Odeh. A Palestinian man with the name Mohammed Saddiq Odeh will later be convicted of a role in the 1998 embassy bombings as well. Abouhalima offers additional inside information about the bomb plot and his associates in exchange for a lighter sentence. But, as the New York Times will later note, prosecutors turn down the offer “for reasons that remain unclear.” Abouhalima is later found guilty and sentenced to life in prison. [New York Times, 10/22/1998]

Entity Tags: Mohammed Saddiq Odeh, Wadih El-Hage, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Essam Marzouk.Essam Marzouk. [Source: FBI]US-al-Qaeda double agent Ali Mohamed is detained by the Royal Canadian Mounted Police (RCMP) in Vancouver, British Columbia, after attempting to pick up a man named Essam Marzouk, who is carrying numerous false passports. The RCMP identifies Mohamed as a top al-Qaeda operative. Mohamed admits to it that he traveled to Vancouver to help Marzouk sneak into the US and admits working closely with Osama bin Laden. [San Francisco Chronicle, 11/4/2001; Globe and Mail, 11/22/2001; Wall Street Journal, 11/26/2001] After many hours of questioning, Mohamed tells the Canadian officials to call John Zent, his handler at the FBI. Zent confirms that Mohamed works for the FBI and asks them to release him. They do. [Lance, 2006, pp. 124] Mohamed is accompanied by fellow al-Qaeda operative Khaled Abu el-Dahab (see 1987-1998), who brings $3,000 sent by bin Laden to pay for Marzouk’s bail. Marzouk had run one of bin Laden’s training camps in Afghanistan and was an active member of the al-Qaeda allied group Islamic Jihad at the time. However, Canadian intelligence apparently is unaware of his past. Marzouk will spend almost a year in detention. But then, again with the help of another visit to Canada by Mohamed, Marzouk will be released and allowed to live in Canada (see June 16, 1993-February 1998). He later will help train the bombers who carry out the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [Globe and Mail, 11/22/2001; National Post, 11/26/2005] Jack Cloonan, an FBI agent who later investigates Mohamed, will say: “I don’t think you have to be an agent who has worked terrorism all your life to realize something is terribly amiss here. What was the follow up? It just sort of seems like [this incident] dies.” [Lance, 2006, pp. 125]

Entity Tags: Royal Canadian Mounted Police, John Zent, Osama bin Laden, Jack Cloonan, Khaled Abu el-Dahab, Essam Marzouk, Ali Mohamed, Federal Bureau of Investigation, Canadian Security Intelligence Service

Timeline Tags: Complete 911 Timeline

A National Security Agency (NSA) linguist runs afoul of his superiors after he and other linguists submit a report concluding that Islamist terrorists are planning attacks on America. The analyst, who insists on remaining anonymous and is nicknamed “J” by press reports, is fluent in an unusual number of languages. His and his colleagues’ study of Arabic language messages, and the flow of money to terrorist organizations from Saudi Arabia, lead them to believe that Saudi extremists are plotting an attack. J will recall in January 2006: “You could see, this was the pure rhetoric of Osama bin Laden and his group, the exact same group, and we had an early indication.… All of us in the group had this view of a burgeoning threat, and suddenly we were all trotted off to the office of security. Then came the call to report for a battery of psychological tests.” J will issue further warnings of potential terrorist strikes, this time involving hijackers, passenger planes, and US buildings, in May 2001 (see May 2001). In 2006, other current and former NSA officials will claim that the NSA routinely uses unfavorable psychological evaluations to retaliate against whistleblowers and those employees who come into conflict with superiors (see January 25-26, 2006). [Cybercast News Service, 1/25/2006]

Entity Tags: “J”, National Security Agency

Timeline Tags: Complete 911 Timeline

Oussama Ziade.Oussama Ziade. [Source: Beta Consulting]Ptech is founded in 1994 by Oussama Ziade, Hussein Ibrahim, and James Cerrato. Ziade came from Lebanon to study at Harvard University. As the Associated Press will describe it, Ptech’s “idea was to help complicated organizations like the military and large companies create a picture of how their assets—people and technology—work together. Then the software could show how little changes, like combining two departments, might affect the whole.” They raise $20 million to start the company. A number of Ptech employees and investors will later be suspected of having ties to groups that have been designated by the US as terrorist organizations: [CNN, 12/6/2002; Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003]
bullet Yassin al-Qadi, a Saudi multimillionaire. He will invest $5 million of Ptech’s start-up money. The US will declare him an al-Qaeda financier shortly after 9/11 (see October 12, 2001). In 1998, al-Qadi will come under investigation by FBI agent Robert Wright (see October 1998) for potential ties to the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Qadi is also a major investor in BMI Inc., an investment firm with connections to a remarkable number of suspected terrorist financiers (see 1986-October 1999). Al-Qadi later will claims that he sold his investment in Ptech in 1999, but there will be evidence he may continue to hold a financial stake after that year, and even after the US will officially declare him a terrorism financier (see 1999-After October 12, 2001). [Wall Street Journal, 12/6/2002; Washington Post, 12/7/2002; Associated Press, 1/3/2003]
bullet Gamel Ahmed, Ptech’s comptroller in the mid-1990s. One al-Qadi loan Wright will investigate also involves Ahmed. [Associated Press, 1/3/2003]
bullet Hussein Ibrahim, Ptech vice president and chief scientist. He also serves as vice president and then president of BMI from 1989 until 1995. He has no known direct terrorism finance connections, but it has been reported that al-Qadi brought Ibrahim into Ptech as his representative. [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet Soliman Biheiri. He is the head of BMI and a member of Ptech’s board. US prosecutors will later call him the US banker for the Muslim Brotherhood, a banned Egyptian militant group. He will later be convicted for lying and immigration fraud (see June 15, 2003). [FrontPage Magazine, 6/17/2005]
bullet Abdurahman Alamoudi. He is one of Ptech’s founders, as well as an investor in BMI. In 2004, the US will sentence him to 23 years in prison for illegal dealings with Libya (see October 15, 2004). [Washington Post, 10/16/2004; FrontPage Magazine, 6/17/2005]
bullet Muhammed Mubayyid and Suheil Laheir. Neither have any known direct ties to terrorism financing. However, both are longtime Ptech employees whom formerly worked for Care International, a Boston-based suspect Islamic charity (not to be confused with a large international charity having the same name). [Wall Street Journal, 12/6/2002] In 2005, Mubayyid will be charged with conspiring to defraud the US and making false statements to the FBI. Care International had previously been the Boston branch of the Al-Kifah Refugee Center (see [a0493kifahboston]]) and a recruitment office for Mektab al Khidmat (MAK), the precursor organization to al-Qaeda (see 1985-1989). Laheir, Ptech’s chief architect, wrote many articles in support of Islamic holy war. He frequently quoted Abdullah Azzam, bin Laden’s mentor. [Associated Press, 5/13/2005; FrontPage Magazine, 6/17/2005]
bullet Yaqub Mirza. He is a Ptech investor and on a Ptech advisory board. He directs SAAR, a multi-million dollar network of companies and charities in Herndon, Virginia (see July 29, 1983). In March 2002, US investigators will raid the SAAR network for suspected terrorism ties (see March 20, 2002). In late 2002, the Wall Street Journal will report, “US officials privately say Mr. Mirza and his associates also have connections to al-Qaeda and to other entities officially listed by the US as sponsors of terrorism.” [Wall Street Journal, 12/6/2002; WBZ 4 (Boston), 12/9/2002; Associated Press, 1/3/2003]
bullet BMI itself directly invests in Ptech. It also gives Ptech a founding loan, and leases Ptech much of its office and computer equipment. [Wall Street Journal, 12/6/2002; Associated Press, 1/3/2003] Ptech president Ziade and other Ptech employees will claim that all of their ties to suspected terrorist financiers are coincidental. By 2002, Ptech will have annual revenues of up to $10 million. [Wall Street Journal, 12/6/2002] Ptech’s potential ties to suspected terrorist financiers will be of particular concern because of its potential access to classified government information (see 1996-1997). [Wall Street Journal, 12/6/2002; Boston Globe, 12/7/2002] Joe Bergantino, a CBS journalist who will be the first to report on Ptech, will say of Ptech in 2002, “The worst-case scenario is that this is a situation where this was planned for a very long time to establish a company in this country and in the computer software business that would target federal agencies and gain access to key government data to essentially help terrorists launch another attack.” [National Public Radio, 12/8/2002]

Entity Tags: Oussama Ziade, Hussein Ibrahim, James Cerrato, Muhammed Mubayyid, Gamel Ahmed, Care International (Boston), Yassin al-Qadi, Al-Qaeda, Yacub Mirza, BMI Inc., Suheil Laheir, Abdurahman Alamoudi, Soliman Biheiri, Ptech Inc.

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Anas al-Liby.Anas al-Liby. [Source: FBI]Anas al-Liby, member of a Libyan al-Qaeda affiliate group called Al-Muqatila, lives in Britain during this time. He had stayed with bin Laden in Sudan (see May 18, 1996). In late 1995, he moves to Britain and applies for political asylum, claiming to be a political enemy of the Libyan government (see (Late 1995)). He is involved in an al-Qaeda plot (see Late 1993-Late 1994) that will result in the bombing of two US embassies in Africa in 1998 (see 10:35-10:39 a.m., August 7, 1998). The British government suspects he is a high-level al-Qaeda operative, and Egypt tells Britain that he is wanted for an assassination attempt of Egyptian President Hosni Mubarak (see (Late 1995)). In 1996, he is involved in a plot with the British intelligence agency to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi (see 1996), and presumably his ability to live in Britain is connected to cooperation with that plot. [Observer, 11/10/2002; Times (London), 1/16/2003] After the failed assassination attempt in 1996, the British allegedly continues to support Al-Muqatila—for instance, the group openly publishes a newsletter from a London office. [Brisard and Dasquie, 2002, pp. 97-98] Whistleblower David Shayler, a British intelligence agent, gives British authorities details of this Libya plot in 1998 and again in 1999, and later will serve a short prison sentence for revealing this information to the public (see November 5, 2002). [Observer, 8/27/2000] In late 1998, al-Liby is monitored calling an al-Qaeda operative in the US and discussing their ties to one of the African embassy bombers, but this results in no action against al-Liby (see Shortly After August 12, 1998). He lives in Manchester until May of 2000. In 2002, it will be reported that he eluded a police raid on his house and fled abroad. [Observer, 11/10/2002] However, in a 2011 book, FBI agent Ali Soufan will claim that al-Liby actually was arrested and then let go (see May 2000). His asylum application will still be under review at the time of his arrest. [Times (London), 1/16/2003] An important al-Qaeda training manual is discovered in the raid on his Manchester residence (see May 2000). The US will later post a $25 million reward for al-Liby’s capture. [Federal Bureau of Investigation, 2002; Observer, 11/10/2002]

Entity Tags: United Kingdom, Mu’ammar al-Qadhafi, Federal Bureau of Investigation, Osama bin Laden, Anas al-Liby, Al-Muqatila, Al-Qaeda, David Shayler

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

April 25, 1996: New Anti-Terrorism Law Passed

President Clinton signs the Antiterrorism and Effective Death Penalty Act, which the New York Times calls “broad legislation that provides new tools and penalties for federal law-enforcement officials to use in fighting terrorism.” The Clinton administration proposed the bill in the aftermath of the Oklahoma City terrorist bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). In many ways, the original bill will be mirrored by the USA Patriot Act six years later (see October 26, 2001). Civil libertarians on both the left and right opposed the legislation. Political analyst Michael Freeman called the proposal one of the “worst assaults on civil liberties in decades,” and the Houston Chronicle called it a “frightening” and “grievous” assault on domestic freedoms. Many Republicans opposed the bill, and forced a compromise that removed increased wiretap authority and lower standards for lawsuits against sellers of guns used in crimes. CNN called the version that finally passed the Republican-controlled Congress a “watered-down version of the White House’s proposal. The Clinton administration has been critical of the bill, calling it too weak. The original House bill, passed last month, had deleted many of the Senate’s anti-terrorism provisions because of lawmakers’ concerns about increasing federal law enforcement powers. Some of those provisions were restored in the compromise bill.” [CNN, 4/18/1996; New York Times, 4/25/1996; Roberts, 2008, pp. 35] An unusual coalition of gun rights groups such as the National Rifle Association (NRA) and civil liberties groups such as the American Civil Liberties Union (ACLU) led the opposition to the law. [New York Times, 4/17/1996] By the time Congress passed the bill, it had been, in the words of FBI Director Louis Freeh, “stripped… of just about every meaningful provision.” [Roberts, 2008, pp. 35] The law makes it illegal in the US to provide “material support” to any organization banned by the State Department. [Guardian, 9/10/2001]

Entity Tags: William Jefferson (“Bill”) Clinton, Louis J. Freeh, National Rifle Association, American Civil Liberties Union, Clinton administration, Michael Freeman, USA Patriot Act, US Congress

Timeline Tags: Complete 911 Timeline, Civil Liberties, US Domestic Terrorism

According to counterterrorism expert Rohan Gunaratna, US intelligence monitoring al-Qaeda communications learn that al-Qaeda is canceling an attack on Western targets in Singapore. On April 18, 1996, 108 Lebanese civilians seeking refuge at a UN camp in Qana, Lebanon, are killed by mortars fired by Israeli forces. Bin Laden “was keen not to dissipate what he envisaged as widespread revulsion against Israel’s action and hence called off the strike in Southeast Asia. Al-Qaeda’s team in question was very determined to go ahead, having spent years preparing the attack, and according to the intercepts it proved difficult for Osama to convince it otherwise.” Gunaratna claims the US learned this through the NSA’s Echelon satellite network (see Before September 11, 2001) “and other technical monitoring of their communications traffic.” [Gunaratna, 2003, pp. 133-134] If true, this case supports other evidence that the US was successfully monitoring bin Laden’s communications from an early date (see Early 1990s) and that al-Qaeda’s Southeast Asia operations were penetrated years before an important al-Qaeda summit in Malaysia discussing the 9/11 plot (see January 5-8, 2000).

Entity Tags: Echelon, Al-Qaeda, Osama bin Laden, National Security Agency

Timeline Tags: Complete 911 Timeline

After fleeing Qatar, Khalid Shaikh Mohammed (KSM) travels the world and plans many al-Qaeda operations. He previously was involved in the 1993 World Trade Center bombing, and the Operation Bojinka plot. [Time, 1/20/2003] He is apparently involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), the 2000 USS Cole bombing (see October 12, 2000), and other attacks. One US official later says, “There is a clear operational link between him and the execution of most, if not all, of the al-Qaeda plots over the past five years.” [Los Angeles Times, 12/22/2002] He lives in Prague, Czech Republic, through much of 1997. [Los Angeles Times, 9/1/2002] By 1999, he is living in Germany and visiting with the hijackers there. [New York Times, 6/8/2002; New York Times, 9/22/2002] Using 60 aliases and as many passports, he travels through Europe, Africa, the Persian Gulf, Southeast Asia and South America, personally setting up al-Qaeda cells. [Los Angeles Times, 12/22/2002; Time, 1/20/2003]

Entity Tags: USS Cole, Al-Qaeda, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Complete 911 Timeline

Based on a review of the Lexis-Nexus database, the term al-Qaeda is first mentioned in the mainstream media on this day. A United Press International article draws from a State Department fact sheet released today (see August 14, 1996) and states, “Earlier, during the Soviet invasion of Afghanistan, Usama Bin Ladin drew on his family’s wealth ‘plus donations received from sympathetic merchant families in the Gulf region’ to organize the Islamic Salvation Foundation, or al-Qaida. The group established recruitment centers in Egypt, Saudi Arabia, and Pakistan that enlisted and sheltered thousands of Arab recruits to fight the Soviets. ‘This network remains active,’ the State Department said.” (The spelling is the same as in the original.) [US Department of State, 8/14/1996; United Press International, 8/14/1996] The term was first used in an overseas article by the French wire service Agence France-Presse, in May 1993 (see May 30, 1993). The CIA has been aware of the term since at least the start of 1996 (see Shortly Before February 1996) and possibly by 1991, if not earlier (see February 1991- July 1992). However, the term will remain little used and little understood by the media for the next several years. For instance, the New York Times will first mention it two years later in quoting the courtroom testimony of one of the plotters of the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). It is referred to as “al-Qaeda, an international terrorist group, led by Mr. bin Laden.” [New York Times, 8/28/1998]

Entity Tags: US Department of State, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

An Inmarsat Compact M satellite phone, the type used by bin Laden.An Inmarsat Compact M satellite phone, the type used by bin Laden. [Source: Inmarsat]During this period, Osama bin Laden uses a satellite phone to direct al-Qaeda’s operations. The phone—a Compact M satellite phone, about the size of a laptop computer—was purchased by a student in Virginia named Ziyad Khaleel for $7,500 using the credit card of a British man named Saad al-Fagih. After purchasing the phone, Khaleel sent it to Khalid al-Fawwaz, al-Qaeda’s unofficial press secretary in London (see Early 1994-September 23, 1998). Al-Fawwaz then shipped it to bin Laden in Afghanistan. [CNN, 4/16/2001] It appears US intelligence actually tracks the purchase as it occurs (see November 1996-Late December 1999), probably because an older model satellite phone bin Laden has is already being monitored (see Early 1990s). Bin Laden’s phone (873682505331) is believed to be used by other top al-Qaeda leaders as well, including Ayman al-Zawahiri and Mohammad Atef. Al-Fawwaz also buys satellite phones for other top al-Qaeda leaders around the same time. Though the calls made on these phones are encrypted, the NSA is able to intercept and decrypt them. As one US official will put it in early 2001, “codes were broken.” [United Press International, 2/13/2001; Newsweek, 2/18/2002] The Los Angeles Times will report that the monitoring of these phones “produced tens of thousands of pages of transcripts over two years.” [Los Angeles Times, 10/14/2001] Bin Laden’s satellite phone replaces an older model he used in Sudan that apparently was also monitored by the NSA (see Early 1990s). Billing records for his new phone are eventually released to the media in early 2002. Newsweek will note, “A country-by-country analysis of the bills provided US authorities with a virtual road map to important al-Qaeda cells around the world.” [Sunday Times (London), 3/24/2002] The countries called are:
bullet Britain (238 or 260). Twenty-seven different phone numbers are called in Britain. Accounts differ on the exact number of calls. Khalid al-Fawwaz, who helps publish statements by bin Laden, receives 143 of the calls, including the very first one bin Laden makes with this phone. Apparently most of the remaining calls are made to pay phones near him or to his associates. He also frequently calls Ibrahim Eidarous, who works with al-Fawwaz and lives near him. [CNN, 4/16/2001; Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; O'Neill and McGrory, 2006, pp. 111]
bullet Yemen (221). Dozens of calls go to an al-Qaeda communications hub in Sana’a, Yemen, which is run by the father-in-law of 9/11 hijacker Khalid Almihdhar (see Late August 1998). [Newsweek, 2/18/2002; Los Angeles Times, 9/1/2002; Bamford, 2008, pp. 8]
bullet Sudan (131). Bin Laden lived in Sudan until 1996 (see May 18, 1996), and some important al-Qaeda operatives remained there after he left (see February 5, 1998). [Sunday Times (London), 3/24/2002]
bullet Iran (106). Newsweek will later report: “US officials had little explanation for the calls to Iran. A Bush administration official said that US intelligence has believed for years that hard-line anti-American factions inside Iran helped bin Laden’s organization operate an ‘underground railroad’ smuggling Islamic militants to al-Qaeda training camps in Afghanistan.” [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002]
bullet Azerbaijan (67). An important al-Qaeda operative appears to be based in Baku, Azerbaijan. [Washington Post, 5/2/2001] This is most likely Ahmad Salama Mabruk, who is very close to al-Qaeda number two Ayman al-Zawahiri and is said to be the head of the al-Qaeda cell there. He kidnapped by the CIA in Baku in late August 1998 (see Late August 1998).
bullet Kenya (at least 56). In the embassy bombings trial, prosecutors introduce evidence showing 16 calls are made on this phone to some of the embassy bombers in Kenya (see 10:35-10:39 a.m., August 7, 1998), apparently all before a raid in August 1997 (see August 21, 1997). The defense introduces evidence showing at least 40 more calls are made after that time (see Late 1996-August 1998). [CNN, 4/16/2001]
bullet Pakistan (59).
bullet Saudi Arabia (57).
bullet A ship in the Indian Ocean (13).
bullet The US (6).
bullet Italy (6).
bullet Malaysia (4).
bullet Senegal (2). [Sunday Times (London), 3/24/2002]
bullet Egypt (unknown). Newsweek reports that calls are made to Egypt but doesn’t say how many. [Newsweek, 2/18/2002]
bullet Iraq (0). Press reports note that the records indicate zero calls were made to Iraq. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002] 1,100 total calls are made on this phone. Adding up the above numbers means that the destination of over 100 calls is still unaccounted for. [Newsweek, 2/18/2002] The use of this phone stops two months after the August 1998 embassy bombings in Africa. However, it appears bin Laden and other al-Qaeda leaders continue to use other satellite phones occasionally after this time. Shortly after 9/11, James Bamford, an expert authority on the agency, says “About a year or so ago the NSA lost all track of him.… He may still use [satellite phones] occasionally to talk about something mundane, but he discovered that the transmitters can be used for honing.” [CNN, 9/21/2001] According to a different account, bin Laden will attempt to use a different phone communication method, but US intelligence will soon discover it and continue monitoring his calls (see Late 1998 and After).

Entity Tags: Ziyad Khaleel, Saad al-Fagih, Osama bin Laden, Ibrahim Eidarous, Khalid al-Fawwaz, Mohammed Atef, Al-Qaeda, Ayman al-Zawahiri, Ahmad Salama Mabruk

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In 2001, four men will be convicted of participating in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). During their trial, it will come to light that the NSA was listening in on bin Laden’s satellite phone (see November 1996-Late August 1998). Additionally, during this time bin Laden calls some of the plotters of the bombing before the bombing takes place. The prosecution will show records revealing that bin Laden calls Kenya 16 times, apparently all before an August 1997 raid on the Nairobi, Kenya, house of Wadih El-Hage (see August 21, 1997), who is taking part in the embassy bombing plot and is bin Laden’s former personal secretary. The transcripts of two calls between El-Hage and al-Qaeda leader Mohammed Atef (using bin Laden’s phone) are even read to the jury in the trial. The defense however, shows that at least 40 additional calls are made from bin Laden’s phone to Kenya after El-Hage left Kenya in September 1997. Further, El-Hage makes some calls to Khalid al-Fawwaz, who essentially is serving as bin Laden’s press secretary in London and is being frequently called by bin Laden around the same time. The transcript of a February 1997 call between El-Hage and Mohamed Saddiq Odeh, one of the other embassy bombing plotters, is also read to the jury. The US had been wiretapping El-Hage’s phone and other phones connected to the al-Qaeda Kenya cell, since at least April 1996 (see April 1996). [CNN, 4/16/2001] In one call, El-Hage is overheard saying after returning from visiting bin Laden in Afghanistan that bin Laden has given the Kenya al-Qaeda cell a “new policy.” After the raid on El-Hage’s house, US investigators will discover that policy is “militarizing” the cell. But most details of what is said in these calls has not been made public. [Washington Post, 5/2/2001] In another call in July 1997, cell member Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) specifies which mobile phone the cell needs to use when calling bin Laden. [New York Times, 1/13/2001] US intelligence also listens in during this time as bin Laden frequently calls the Kenya office of Mercy International, an office that is being monitored because of suspected al-Qaeda ties (see Late 1996-August 20, 1998). It has not been explained how the US failed to stop the August 1998 embassy bombings, given their surveillance of all these calls before the bombing took place.

Entity Tags: Fazul Abdullah Mohammed, Wadih El-Hage, Mohammed Atef, Osama bin Laden, Khalid al-Fawwaz, Mohammed Saddiq Odeh

Timeline Tags: Complete 911 Timeline

A lieutenant general meets with Qwest CEO Joe Nacchio and Dean Wandry, who heads Qwest’s government business unit. According to documents filed in 2006 by Nacchio concerning his trial on insider trading charges (see October 12, 2007), the general “told Mr. Wandry that he ran the largest telecom operation in the world, he had looked at Qwest’s network, and he wanted to use it for government purposes.” The general in question could be NSA Director Kenneth Minihan, who will be replaced in 1999 by another lieutenant general, Michael Hayden, but neither Minihan nor Hayden will comment on the allegation. Many former intelligence officials will say that it is likely Minihan who met with Nacchio and Wandry. Nacchio’s court documents indicate that he and Wandry agree to work with the general. Nacchio is not allowed to announce the contract publicly, but according to the court documents, he “understood at the time this was the beginning of a relationship which had enormous potential for future work. This proves increasingly true as time went on.” By 1999 Qwest is working extensively with the NSA. Minihan is particularly concerned about the potential of “cyberwarfare” by foreign governments, terrorist organizations, drug cartels, and organized crime, a prospect which he felt the NSA is unprepared. He particularly worries about Russia and China; in June 1998, he will testify are training personnel in potential cyber-attacks. “These opportunists, enabled by the explosion of technology and the availability of inexpensive, secure means of communication, pose a significant threat to the interests of the United States and its allies,” Minihan will state. In 2007, a former senior NSA official will say that the agency felt those groups knew US privacy laws all too well and were capable of using those laws against the NSA and other intelligence agencies. He will say, “There was such a nuanced understanding of how to tie us in knots and use American law against us, that there were certainly pockets of people saying, ‘We’ve got to be assertive; we’ve got to be more aggressive on this.’” Hayden, Minihan’s successor, will be particularly willing to push agency operations to the edge of legality. After 9/11, Hayden will say, “We’re pretty aggressive within the law. As a professional, I’m troubled if I’m not using the full authority allowed by law.” [National Journal, 11/2/2007] The NSA will approach Qwest will a similar offer in the months before 9/11 (see February 2001).

Entity Tags: Michael Hayden, Dean Wandry, Kenneth Minihan, National Security Agency, Joe Nacchio, Qwest

Timeline Tags: Civil Liberties

Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia.Al Haramain Islamic Foundation’s main office in Riyadh, Saudi Arabia. [Source: Bilal Qabalan / Agence France-Presse / Getty Images]Wadih El-Hage has been bin Laden’s personal secretary since the early 1990s. When US agents raid his house in Nairobi, Kenya, they seize his address book (see August 21, 1997), which contains the names and phone numbers for many other al-Qaeda operatives. [CNN, 5/25/2001] The names discovered in the book include:
bullet Ali Mohamed, the al-Qaeda double agent living in California. US investigators are already tapping his California phone and have been tapping calls between him and El-Hage since at least 1996 (see April 1996).
bullet Mamoun Darkazanli. He is a Syrian-born businessman living in Hamburg, Germany, who has contacts with Mohamed Atta’s al-Qaeda cell in the same city. Darkazanli’s name and phone number are listed, and El-Hage even has a business card listing El-Hage’s address in Texas and Darkazanli’s address in Hamburg (see Late 1998).
bullet Ghassan Dahduli. He works at two US non-profit organizations, the Islamic Association for Palestine and InfoCom. Both organizations will be shut down for supporting terrorist networks (see September 16, 1998-September 5, 2001).
bullet Salah al-Rajhi (see Shortly After August 21, 1997). He and his brother of Sulaiman Abdul Aziz al-Rajhi, are billionaires and jointly own the Al-Rajhi Banking & Investment Corp. Sulaiman started a network of organizations in Herndon, Virginia known as the SAAR network (named for the four initials in his name). This network will be raided by US officials in 2002 for suspected terrorist funding ties (see March 20, 2002). [Newsweek, 12/9/2002]
bullet Ihab Ali Nawawi, an al-Qaeda operative living in Florida. He is referred to as “Ihab Ali” and his location in Tampa, Florida, is mentioned. He will not be arrested until May 1999 (see May 18, 1999). [United States of America v. Usama Bin Laden, et al., Day 39, 5/3/2001]
bullet Essam Marzouk. He is linked to both al-Qaeda and Islamic Jihad and is living in Vancouver, Canada at the time. He will later train the 1998 embassy bombers. It is unclear if the link to Marzouk is shared with Canadian intelligence (see Shortly After August 21, 1997). [National Post, 3/19/2002]
bullet Essam al Ridi. He is a US citizen and a pilot who helped bin Laden buy an airplane in the US in the early 1990s (see Early 1993). He appears to have no militant ties after that. In late 1999, US prosecutors will contact al Ridi where he is living in Bahrain and convince him to testify against El-Hage and others involved in the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [CNN, 7/2/2002]
bullet Farid Adlouni. He is a civil engineer living in Lake Oswego, Oregon. In 1996 and 1997, El-Hage calls Adlouni in Oregon 72 times, sometimes just before or after meeting with bin Laden. Adlouni’s home phone and fax numbers are be found in two personal phone directories and one notebook kept by El-Hage (see Shortly After August 21, 1997). Earlier in 1997, El-Hage also sent him a fax written by al-Qaeda leader Mohammed Atef (see Febuary 25, 1997). Records show that El-Hage has extensive dealings with Adlouni, mostly by selling gems El-Hage bought in Africa for a better price in the US. The FBI interviews Adlouni twice in late 1997, but he is not arrested. As of 2002, it will be reported that he continues to live in Oregon and remains a “person of interest” and subject of investigation by the FBI. [Oregonian, 9/13/2002]
bullet Khalid al-Fawwaz. He is al-Qaeda’s de facto press secretary in London. El-Hage gives al-Fawwaz’s correct name, London phone number, and street address, but lists him as living in Texas. Presumably this is a slight attempt at subterfuge. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
bullet A business card in the name Mamdouh M. Salim is found. This is a reference to Mamdouh Mahmud Salim, a known al-Qaeda leader. [United States of America v. Usama Bin Laden, et al., Day 37, 5/1/2001]
bullet A business card belonging to Mansour al-Kadi is found. [New Yorker, 4/21/2008] Al-Kadi is the Deputy General of the Al Haramain Islamic Foundation, a suspect Saudi charity closely linked to the Saudi government. Al-Kadi will be fired in early 2004 and the entire foundation will be shut down several months later (see March 2002-September 2004). The Treasury Department will later say that Al Haramain has a role in the 1998 African embassy bombings (see Autumn 1997). [US Treasury Department, 9/9/2004]
bullet Several business cards relating to the International Islamic Relief Organization (IIRO). A 1996 CIA report connected the IIRO to terrorist funding, but the IIRO will not be prosecuted due to its close ties to the Saudi government (see January 1996 and October 12, 2001). [Newsweek, 12/9/2002]
bullet According to author Douglas Farah, the address book is “full of the names of diamond dealers and jewelers, often including the purchaser’s home phone number.” This suggests al-Qaeda could be profiting from the diamond trade in Africa. [Farah, 2004, pp. 64-65]
But Farah also will note in 2004 that many of the leads from El-Hage’s address book and other documents discovered around the same time are not fully explored. In fact, he says that “Most of El-Hage’s notebooks, written in Arabic, have still not been translated into English.” [Farah, 2004, pp. 64-65]

Entity Tags: Ihab Ali Nawawi, International Islamic Relief Organization, Mamdouh Mahmud Salim, Khalid al-Fawwaz, Mamoun Darkazanli, Ghassan Dahduli, Farid Adlouni, Ali Mohamed, Essam Marzouk, Essam al Ridi, Wadih El-Hage, Salah al-Rajhi, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

Al Haramain Foundation’s Kenya office in 2004.Al Haramain Foundation’s Kenya office in 2004. [Source: Associated Press]An informant tells an intelligence agency allied to the US that the Nairobi, Kenya, branch of a Saudi charity named the Al Haramain Islamic Foundation is plotting to blow up the US embassy in Nairobi. The chief of the CIA station in Kenya passes on this informant’s warning to Ambassador Prudence Bushnell and others at the embassy. On October 31, 1997, the Kenyan government acts on the informants’ tip, arresting nine Arabs connected to the charity and seizing their files.
Charity Already Linked to Al-Qaeda Cell in Kenya - A 1996 secret CIA report shows the CIA has already linked Al Haramain to militants, smuggling, drug running, and prostitution (see January 1996). In August 1997, US intelligence raids the Kenya house of Wadih el-Hage because they correctly believe he is heading an al-Qaeda cell there (see August 21, 1997). The raid uncovers a business card belonging to Mansour al-Kadi, the Deputy General of Al Haramain’s worldwide operations (see Shortly After August 21, 1997).
CIA Fails to Take Warning Seriously - The CIA sends a special team to analyze the files and finds no evidence of a plot. This team wants to question the nine arrested Arabs, but the CIA station chief refuses to ask the Kenyan government for access to the suspects, saying he doesn’t want to bother them any more about the issue. The CIA drops the investigation and the nine Arabs are deported. Ambassador Bushnell is told that the threat has been eliminated. But some members of the CIA team are furious and feel that their investigation was short-circuited. Some intelligence officials believe at the time that members of the charity have ties to bin Laden. [New York Times, 1/9/1999]
Charity Later Linked to Kenya Bombings - The Nairobi embassy will be bombed in August 1998 (see 10:35-10:39 a.m., August 7, 1998). In 2004, it will be reported that according to US officials, “A wholesale fish business financed with Al Haramain funds… steered profits to the al-Qaeda cell behind the [embassy bombing].” One of the bombers confessed days after the bombing that this “business was for al-Qaeda.” [Associated Press, 6/7/2004] In 2004, the Treasury Department will say that two members of the Al Haramain branch in the nearby Comoros Islands helped some of the bombers escape from Kenya after the bombings. [US Treasury Department, 9/9/2004]
Charity Stays Open, Linked to Later Kenya Bombing - A month later after the bombing,s the Kenyan government will ban Al Haramain from the country, but its office nonetheless remains open. Some funds connected to it are believed to have helped support the al-Qaeda cell behind the 2002 bombings in Mombasa, Kenya (see November 28, 2002). Yet Al Haramain’s Kenya office still remains open until late 2004, when Al Haramain is shut down worldwide (see March 2002-September 2004). [Associated Press, 6/7/2004]

Entity Tags: Wadih El-Hage, Al-Qaeda, Prudence Bushnell, Central Intelligence Agency, Mansour al-Kadi, Al Haramain Islamic Foundation

Timeline Tags: Complete 911 Timeline

The Texas tire store where El-Hage worked in 1997.The Texas tire store where El-Hage worked in 1997. [Source: CNN]In August 1997, US intelligence raids the home of Wadih El-Hage, bin Laden’s former personal secretary and a US citizen (see August 21, 1997). With his cover blown, El-Hage decides to return to the US. Arriving at a New York City airport on September 23, he is served with a subpoena to testify before a grand jury the next day. He testifies for several hours and is questioned extensively. [United State of America v. Usama Bin Laden, et al., Day 36, 4/30/2001] US prosecutor Patrick Fitzgerald will later claim that “El-Hage chose to lie repeatedly to the grand jury, but even in his lies he provided some information of potential use to the intelligence community—including potential leads” to the location of his confederates and wanted missing files. [New York Times, 1/9/1999; US Congress, 10/21/2003] But after this, El-Hage is not arrested. He moves back to Texas, where he had lived in the early 1990s, and works in a tire store. [Arizona Republic, 9/28/2001] In October 1997, he is interviewed by agents in Texas [United State of America v. Usama Bin Laden, et al., Day 28, 4/12/2001] , and then left alone until August 1998 when he will be interrogated again shortly after the bombings in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). He is ultimately arrested and found guilty for his role in those bombings.

Entity Tags: Wadih El-Hage, Patrick J. Fitzgerald

Timeline Tags: Complete 911 Timeline

Fazul Abdullah Mohammed.Fazul Abdullah Mohammed. [Source: Daily Nation]Shortly after the US raid on Wadih El-Hage’s house in Nairobi, Kenya (see August 21, 1997), US investigators discover a letter in the house that mentions a cache of incriminating files had been moved from the house and hidden elsewhere. Investigators suspect the files could contain evidence of a coming attack by El-Hage’s Nairobi cell. A law enforcement official later says US investigators begin a “somewhat frantic, concerted effort” to locate the missing files. “The concern was high enough about something being out there to go right away.” A search for the files is conducted at another location in Kenya in September 1997, but the files are not found. [New York Times, 1/9/1999] But despite this search, and even though other documents found in the raid refer to other unknown members of the cell and the imminent arrival of more operatives (see Shortly After August 21, 1997), the wiretaps on five phone numbers connected to El-Hage are discontinued in October 1997, one month after El-Hage moved to the US (see September 24, 1997). Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who had been living with El-Hage and using the same phones as him, takes over running the cell. US intelligence will resume monitoring the phones in May 1998 and continue to monitor them through August 1998 (see May 1998), when the cell will successfully attack US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). It will be stated in the 2002 book The Cell, “The hardest thing to understand in retrospect is why US law enforcement did nothing else to disrupt the activities of the Nairobi cell” after the raid on El-Hage’s house. [New York Times, 1/13/2001; Miller, Stone, and Mitchell, 2002, pp. 203-205] The files will be found only after the African embassy bombings, when the offices of the charity Mercy International are searched on August 20, 1998. They will contain incriminating information, including numerous phone calls from bin Laden to Nairobi. [United States of America v. Usama Bin Laden, et al, 3/20/2001] It is not clear why the charity was not searched before the attacks, since two of the five phones monitored since 1996 were to Mercy’s Kenya offices (see Late 1996-August 20, 1998).

Entity Tags: Fazul Abdullah Mohammed, Mercy International, US intelligence, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

November 1997: Ali Soufan Joins the FBI

Ali Soufan.Ali Soufan. [Source: CBS News]Ali Soufan joins the FBI. Soufan is a US citizen and recently graduated from a US university, but he is a Muslim who was born and raised in Lebanon and speaks fluent Arabic, making him particularly suited to understanding Islamist militant threats. Soufan is assigned to the FBI’s New York office, which happens to be the office taking the lead in cases involving Osama bin Laden. Initially, Soufan is assigned to Mafia cases. But he has had a long-standing interest in bin Laden, and after reading in an Arabic newspaper about bin Laden’s fatwa (religious edict) against the US in February 1998 (see February 22, 1998), he will write an FBI memo explaining the fatwa’s significance. This will get him increasingly involved in counterterrorism cases, and shortly after the East African embassy bombings in August 1998 (see 10:35-10:39 a.m., August 7, 1998), he will be assigned to the FBI’s Joint Terrorism Task Force (JTTF). He will begin working with FBI bin Laden expert John O’Neill and the counterterrorism I-49 squad, which is increasingly focusing on bin Laden. [Soufan, 2011, pp. 1-16]

Entity Tags: I-49, Ali Soufan, John O’Neill, Federal Bureau of Investigation, Osama bin Laden, Joint Terrorism Task Force

Timeline Tags: Complete 911 Timeline

Prudence Bushnell.
Prudence Bushnell. [Source: PBS]By December 1997, Prudence Bushnell, the US Ambassador to Kenya, is aware that her embassy could be in danger. She has been told of an August 1997 warning that proved there was an al-Qaeda cell in Nairobi (see Late 1994), a precise (and ultimately accurate) November 1997 warning detailing a plot to attack the embassy (see November 1997), and other recent warnings, including information indicating that she is an assassination target. She sends two cables to State Department headquarters in Washington, claiming that the embassy’s location makes it “extremely vulnerable to a terrorist attack,” and asks for security improvements to be made. The State Department turns down her requests and begins to see Bushnell as a nuisance. In early 1998, General Anthony Zinni, the commander of US forces in the region, visits the Nairobi embassy and decides it is vulnerable to terrorist attacks. He offers to send a security team to inspect the situation, but his offer is turned down. The State Department sends its own team instead and in March 1998 determines that about $500,000 worth of easily implemented improvements should make the embassy secure. But the money is not quickly allocated. Bushnell then sends “an emotional letter to Secretary of State Madeleine K. Albright begging for the Secretary’s personal help.” She says she has been fighting for months for a more secure embassy as threats increase, and that the State Department’s refusal to grant her requests for funding is “endangering the lives of embassy personnel.” Albright takes no action. The embassy will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 1/9/1999]

Entity Tags: Prudence Bushnell, US Department of State, Anthony Zinni, Madeleine Albright

Timeline Tags: Complete 911 Timeline

Ali Mohamed, the al-Qaeda double agent living in California, receives a letter from Ihab Ali Nawawi (an apparent al-Qaeda sleeper cell operative living in Orlando, Florida, at the time (see September 1999)). Nawawi tells Mohamed that Wadih El-Hage, a key member of the al-Qaeda cell in Kenya, has been interviewed by the FBI (see August 21, 1997). Mohamed is given a new contact number for El-Hage. Mohamed calls El-Hage and speaks to him about this, then calls other operatives who pass on the warning of the FBI’s interest in El-Hage to bin Laden. US intelligence is monitoring Mohamed’s phone calls at this time, so presumably they are aware of these connections. [New York Times, 10/24/2000; Raleigh News and Observer, 10/21/2001; Chicago Tribune, 12/11/2001] Yet, despite all of these monitored communications, neither Mohamed, nor Nawawi, nor El-Hage, are apprehended at this time, even though all three are living in the US. Their plot to blow up two US embassies in Africa succeeds in August 1998 (see 10:35-10:39 a.m., August 7, 1998).

Entity Tags: Wadih El-Hage, Ihab Ali Nawawi, Ali Mohamed

Timeline Tags: Complete 911 Timeline

“Just months before” the US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), Kenyan intelligence warns the CIA about an imminent plot to attack the US embassy in Nairobi, Kenya. Paul Muite, a prominent lawyer and legislator in Kenya, later says he was told the CIA showed the Kenyan warning to the Mossad, who was dismissive about its reliability. The CIA then chose to ignore it. [Miller, Stone, and Mitchell, 2002, pp. 206]

Entity Tags: Central Intelligence Agency, Kenya, Paul Muite, Israel Institute for Intelligence and Special Tasks (Mossad)

Timeline Tags: Complete 911 Timeline

US intelligence resumes monitoring the al-Qaeda cell in Kenya, and continues to listen in all the way through the US embassy attacks that the cell implements in August 1998 (see 10:35-10:39 a.m., August 7, 1998). US intelligence had begun wiretapping five phones used by the cell by late 1996, including the phones of cell leader Wadih El-Hage and two phones belonging to Mercy International, a charity believed to have been used as a front by the Kenya cell. The monitoring stopped in October 1997, though it is not clear why. The New York Times will report that “after a break, [monitoring] began again in May 1998, just months before the bombing and precisely during the time the government now asserts the attack was being planned.” It is not known what caused the monitoring to resume nor has it been explained how the cell was able to succeed in the embassy attacks while being monitored. [New York Times, 1/13/2001]

Entity Tags: Mercy International, Al-Qaeda, Wadih El-Hage

Timeline Tags: Complete 911 Timeline

Mamdouh Mahmud Salim (a.k.a. Abu Hajer), a high-ranking al-Qaeda leader, visits Bosnia for unknown reasons and connects with a charity suspected of financing bin Laden’s organization. Salim was one of the founders of al-Qaeda and will be arrested in Germany later in the year (see September 16, 1998) and charged in connection with the 1998 embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Records show that the Bosnia branch of the US-based Benevolence International Foundation (BIF) sponsored Salim’s visa, reserved him an apartment, and identified him as one of its directors. A BIF mole in Bosnian intelligence is able to tip off Salim that investigators are onto him, so he is not caught (see September 1996-June 2000). Intelligence officials will question BIF officers about Salim’s trip in early 2000, but the reason for the trip remains a mystery. [New York Times, 6/14/2002]

Entity Tags: Benevolence International Foundation, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden.Top: Bin Laden, surrounded by security, walking to the press conference. Bottom: the three journalists attending the press conference sit next to bin Laden. [Source: CNN]Bin Laden discusses “bringing the war home to America,” in a press conference from Khost, Afghanistan. [US Congress, 9/18/2002] Bin Laden holds his first and only press conference to help publicize the fatwa he published several months before. Referring to the group that signed the fatwa, he says, “By God’s grace, we have formed with many other Islamic groups and organizations in the Islamic world a front called the International Islamic Front to do jihad against the crusaders and Jews.” He adds later, “And by God’s grace, the men… are going to have a successful result in killing Americans and getting rid of them.” [CNN, 8/20/2002] He also indicates the results of his jihad will be “visible” within weeks. [US Congress, 7/24/2003] Two US embassies will be bombed in August (see 10:35-10:39 a.m., August 7, 1998). Bin Laden sits next to Ayman al-Zawahiri and Mohammed Atef during the press conference. Two Pakistani journalists and one Chinese journalist attends. But event never gets wide exposure because no independent videotaping is allowed (however, in 2002 CNN will obtain video footage of the press conference seized after the US conquered Afghanistan in late 2001). Pakistani journalist Ismail Khan attends and will later recall, “We were given a few instructions, you know, on how to photograph and only take a picture of Osama and the two leaders who were going to sit close by him. Nobody else.” Two sons of Sheikh Omar Abdul-Rahman attend and distribute what they claim is the will or fatwa of their father (see May 1998), who has been sentenced to life in prison in the US. Journalist Peter Bergen will later comment that the significance of the sons’ presence at the press conference “can’t be underestimated” because it allows bin Laden to benefit from Abdul-Rahman’s high reputation amongst radical militants. Bergen also later says the press conference is a pivotal moment for al-Qaeda. “They’re going public. They’re saying, ‘We’re having this war against the United States.’” [CNN, 8/20/2002] The specific comment by bin Laden about “bringing the war home to America” will be mentioned in the August 2001 memo given to President Bush entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

Entity Tags: Osama bin Laden, Ismail Khan, Ayman al-Zawahiri, Ahmad Abdul-Rahman, Mohammed Atef, Mohammed Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A joint surveillance operation conducted by the CIA and Albanian intelligence identifies an Islamic Jihad cell that is allegedly planning to bomb the US Embassy in Tirana, Albania’s capital. The cell was created in the early 1990s by Mohammed al-Zawahiri, brother of Islamic Jihad and al-Qaeda leader Ayman al-Zawahiri. The operation intercepts lengthy discussions between the cell and Ayman. [New Yorker, 2/8/2005; Wright, 2006, pp. 269] At the behest of the US government, Egypt, which is co-operating with the US over renditions (see Summer 1995), issues an arrest warrant for Shawki Salama Attiya, one of the militants in the cell. Albanian forces then arrest Attiya and four of the other suspected militants. A sixth suspect is killed, but two more escape. The men are taken to an abandoned airbase, where they are interrogated by the CIA, and then flown by a CIA-chartered plane to Cairo, Egypt, for further interrogation. The men are tortured after arriving in Egypt:
bullet Ahmed Saleh is suspended from the ceiling and given electric shocks; he is later hanged for a conviction resulting from a trial held in his absence;
bullet Mohamed Hassan Tita is hung from his wrists and given electric shocks to his feet and back;
bullet Attiya is given electric shocks to his genitals, suspended by his limbs and made to stand for hours in filthy water up to his knees;
bullet Ahmed al-Naggar is kept in a room for 35 days with water up to his knees, and has electric shocks to his nipples and penis; he is later hanged for an offence for which he was convicted in absentia;
bullet Essam Abdel-Tawwab will also describe more torture for which prosecutors later find “recovered wounds.”
On August 5, 1998, a letter by Ayman al-Zawahiri will be published that threatens retaliation for the Albanian abductions (see August 5, 1998). Two US embassies in Africa will be bombed two days later (see 10:35-10:39 a.m., August 7, 1998). [Washington Post, 3/11/2002, pp. A01; New Yorker, 2/8/2005; Grey, 2007, pp. 128] The US State Department will later speculate that the timing of the embassy bombings was in fact in retaliation for these arrests. [Ottawa Citizen, 12/15/2001]

Entity Tags: Mohamed Hassan Tita, Shawki Salama Attiya, Mohammed al-Zawahiri, Albania, Central Intelligence Agency, Ahmed Saleh, Ahmed al-Naggar, Ayman al-Zawahiri, Essam Abdel-Tawwab, Islamic Jihad

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Kosovar Albanian Struggle

On May 26, 1998, Osama bin Laden said at a press conference that there would be “good news” in coming weeks (see May 26, 1998). On June 12, the State Department issues a public warning, stating, “We take those threats seriously and the United States is increasing security at many US government facilities in the Middle East and Asia.” Notably, the State Department does not mention increasing security in Africa. Two US embassies will be bombed there in August 1998 (see 10:35-10:39 a.m., August 7, 1998). There are no other public warnings given before the embassy bombings. [Bergen, 2001, pp. 110]

Entity Tags: Osama bin Laden, US Department of State

Timeline Tags: Complete 911 Timeline

The British intelligence service MI6 and Moroccan intelligence approach al-Qaeda operative L’Houssaine Kherchtou in an attempt to recruit him. Kherchtou is disillusioned with al-Qaeda and has been under surveillance by the Moroccans for some time. The results of the first meeting are not known, but after it Kherchtou returns to Nairobi, Kenya, where he had helped with a plot to bomb the US embassy and provided his apartment to other conspirators (see Late 1993-Late 1994), and makes contact with other cell members again in early August. He apparently does not know the precise details of the operation, but when the attack happens (see 10:35-10:39 a.m., August 7, 1998), he realizes who did it. MI6 is aware that he is in Kenya and he is detained at the airport by local authorities and turned over to them. MI6 debriefs him about the embassy bombings, but this information is not immediately shared with the FBI (see Shortly After August 7, 1998), which later takes him into custody (see Summer 2000). [American Prospect, 6/19/2005]

Entity Tags: UK Secret Intelligence Service (MI6), Direction de la Surveillance du Territoire (Morocco), L’Houssaine Kherchtou

Timeline Tags: Complete 911 Timeline

Khalid al-Fawwaz.Khalid al-Fawwaz. [Source: CNN]The NSA is monitoring phone calls between bin Laden in Afghanistan and Khalid al-Fawwaz in London, yet no action is taken after al-Fawwaz is given advanced notice of the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Al-Fawwaz, together with Ibrahim Eidarous and Adel Abdel Bary, are operating as bin Laden’s de facto international media office in London, and the NSA has listened in for two years as bin Laden called them over 200 times (see November 1996-Late August 1998). On July 29, 1998, al-Fawwaz is called from Afghanistan and told that more satellite minutes are needed because many calls are expected in the next few days. Al-Fawwaz calls a contact in the US and rush orders 400 more minutes for bin Laden’s phone. A flurry of calls on bin Laden’s phone ensues, though what is said has not been publicly revealed. [Knight Ridder, 9/20/2001] On August 7 at around 4:45 a.m., about three hours before the bombings take place, a fax taking credit for the bombings is sent to a shop near al-Fawwaz’s office. The fingerprints of his associates Eidarous and Abdel Bary are later found on the fax. They fax a copy of this to the media from a post office shortly after the bombings and their fingerprints are found on that fax as well. [Seattle Post-Intelligencer, 7/13/1999; Daily Telegraph, 9/19/2001] Canadian intelligence is monitoring an operative named Mahmoud Jaballah who is serving as a communication relay between operatives in Baku and London. He is monitored talking to people both in Baku and London just before the fax is sent from Baku to London (see August 5-7, 1998). The NSA has also been monitoring the operatives in Baku (see November 1996-Late August 1998). It is not clear why the Canadians or the NSA fail to warn about the bombings based on these monitored phone calls. Before 9/11, bin Laden’s phone calls were regularly translated and analyzed in less an hour or so. It has not been explained why this surge of phone calls before the embassy bombings did not result in any new attack warnings. The three men will be arrested shortly after the embassy bombings (see Early 1994-September 23, 1998).

Entity Tags: National Security Agency, Khalid al-Fawwaz, Osama bin Laden, Adel Abdel Bary, Ibrahim Eidarous, Mahmoud Jaballah

Timeline Tags: Complete 911 Timeline

US intelligence is reportedly monitoring a “very important source” in Khartoum, Sudan, during the time of the August 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). An unnamed US official working in Sudan at the time will later tell this to journalist Jonathan Randal. This official will claim the US is intercepting telephone communications between this source and al-Qaeda at least during 1998. The name of the source has not been revealed, but this person is considered so important that after the embassy bombings the US will consider killing the source in retaliation. However, a different target is chosen because the source either knows nothing about the bombings or at least does not mention them in intercepted conversations. [Randal, 2005, pp. 152] It is not known when this surveillance ends or what happens to the source.

Entity Tags: US intelligence, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files.Sayyid Iskandar Suliman. This picture is from a poor photocopy of his passport found in Sudanese intelligence files. [Source: Public domain via Richard Miniter]On August 4, 1998, Sudanese immigration suspects two men, Sayyid Nazir Abbass and Sayyid Iskandar Suliman, arriving in Sudan, apparently due to something in their Pakistani passports. They attempt to rent an apartment overlooking the US embassy. Three days later, US embassies are bombed in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). Within hours, Sudanese officials arrest Abbass and Suliman. The two of them had just come from Kenya, and one of them quickly admits to staying in the same hotel in Kenya as some of the embassy bombers. Sudanese intelligence believes they are al-Qaeda operatives involved in the bombings. [Observer, 9/30/2001; Vanity Fair, 1/2002; Randal, 2005, pp. 132-135] The US embassy in Sudan has been shut down for several years. But around August 14, a Sudanese intelligence official contacts an intermediary and former White House employee named Janet McElligott and gives her a vague message that Sudan is holding important suspects and the FBI should send a team immediately to see if they want to take custody of them. [Randal, 2005, pp. 132-135] The FBI wants the two men, but on August 17, Secretary of State Madeleine Albright forbids their extradition. The US has decided to bomb a factory in Sudan in retaliation for the embassy bombings instead of cooperating with Sudan. But FBI agent John O’Neill is not yet aware of Albright’s decision, and word of the Sudanese offer reaches him on August 19. He wants immediate approval to arrest the two suspects and flies to Washington that evening to discuss the issue with counterterrorism “tsar” Richard Clarke. But Clarke tells O’Neill to speak to Attorney General Janet Reno. Later that night, O’Neill talks to Reno and she tells him that the decision to retaliate against Sudan instead has already been made. Mere hours later, the US attack a factory in Sudan with cruise missiles (see August 20, 1998). Within days, it becomes apparent that the factory had no link to al-Qaeda (see September 23, 1998), and no link between the bombings and the Sudanese government will emerge (although Sudan harbored bin Laden until 1996). [Randal, 2005, pp. 132-138] The Sudanese will continue to hold the two men in hopes to make a deal with the US. But the US is not interested, so after two weeks they are send to Pakistan and set free there (see August 20-September 2, 1998).

Entity Tags: US Department of State, Sayyid Nazir Abbass, Sayyid Iskandar Suliman, Sudan, Osama bin Laden, Janet Reno, John O’Neill, Madeleine Albright, Richard A. Clarke, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

The Islamic Jihad, a militant group that has joined forces with al-Qaeda, issues a statement threatening to retaliate against the US for its involvement rounding up an Islamic Jihad cell in Albania (see Summer 1998). It is believed Ayman al-Zawahiri wrote the statement, which says, “We wish to inform the Americans… of preparations for a response which we hope they read with care, because we shall write it with the help of God in the language they understand.” The bombing of two US embassies in Africa follows two days later (see 10:35-10:39 a.m., August 7, 1998). [CNN, 1/2001; Wright, 2006, pp. 269]

Entity Tags: Islamic Jihad, Ayman al-Zawahiri

Timeline Tags: Complete 911 Timeline

Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam.Usama al-Kini, a.k.a. Fahid Muhammad Ally Msalam. [Source: FBI]Most of the al-Qaeda operatives involved in the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998) leave the country the night before the bombings. Abdullah Ahmed Abdullah and Ahmed Khalfan Ghailani fly from Nairobi to Karachi, Pakistan, on one flight. Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam), Mohammed Saddiq Odeh, and five unnamed bombers fly from Nairobi to Karachi with a stopover in Dubai on another flight. Some use false passports, but others, such as Abdullah, travel in their real name. Two others, Sheikh Ahmed Salim Swedan and Mustafa Fadhil, flew to Pakistan on August 2. Odeh is arrested at 5:30 a.m., Kenya time, while going through customs in Karachi, but the others on his flight are not (see 5:30 a.m., August 7, 1998). Two suicide bombers are killed in the bombings. The only operatives who remain in East Africa after the bombings are Fazul Abdullah Mohammed (a.k.a. Haroun Fazul), who volunteered to clean up the evidence in Kenya, and Khalfan Khamis Mohamed, who volunteered to do the same in Tanzania, plus Mohamed al-Owhali, one of the suicide bombers in Kenya who unexpectedly ran away at the last minute and survived with only minor injuries. [United Press International, 1/2/2001; United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001] Given the extent to which US intelligence was monitoring the members of the Kenyan cell (see April 1996 and May 1998), and even reportedly had multiple informants in the cell (see Before August 7, 1998), it is unclear how the US missed the departure of nearly every suspect from Kenya.

Entity Tags: Sheikh Ahmed Salim Swedan, Usama al-Kini, Mustafa Fadhil, Mohamed al-Owhali, Abdullah Ahmed Abdullah, Mohammed Saddiq Odeh, Ahmed Khalfan Ghailani, Khalfan Khamis Mohamed, Fazul Abdullah Mohammed

Timeline Tags: Complete 911 Timeline

Al-Qaeda operatives plan to bomb the US embassy in Kampala, Uganda, at the same time the embassies in Kenya and Tanzania are bombed (see 10:35-10:39 a.m., August 7, 1998), but there is a delay at the last moment. Police arrest 18 people over the next two weeks before the attack can be carried out. A Ugandan official will later say, “The attacks were planned to be more serious and devastating” than the other two. It is unclear what becomes of these 18 suspects; none of them are tried in the US. [Associated Press, 9/25/1998; Reeve, 1999, pp. 200]

Entity Tags: Al-Qaeda

Timeline Tags: Complete 911 Timeline

At approximately 5:30 in the morning, Kenya time, Mohammed Saddiq Odeh is arrested at the airport in Karachi, Pakistan. Odeh is one of the bombers in the embassy bombings which take place four hours later in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998). [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001]
Odeh Stopped Because of Alert Inspector or CIA? - He had flown out of Nairobi, Kenya, the night before, with his plane stopping in Dubai on the way to Pakistan (see August 6-7, 1998). According to some accounts, an inspector notices that Odeh’s passport picture has a beard, while Odeh does not have a beard and looks different. Furthermore, Odeh is unable to look the inspector in the eyes. But according to UPI, he is stopped because he had been identified by the CIA. In any case, over the next hours, he is handed over to intelligence officers and makes a full confession. He admits that he is a member of al-Qaeda, led by bin Laden, and that he is the head of the al-Qaeda cell in Kenya. He even gives the address of the villa where the bomb was built and the names of the other bombers. [Bergen, 2001, pp. 116; United Press International, 1/2/2001; Associated Press, 4/3/2001; Miller, Stone, and Mitchell, 2002, pp. 213]
False or Mistaken Account by CIA Officer - CIA officer Gary Berntsen heads the CIA’s emergency deployment team to Tanzania in the immediate wake of the bombings. He will improbably claim in a 2005 book that the US at first primarily suspects Hezbollah. According to him, it is only on August 15 when a CIA officer in Karachi happens to notice an article saying that an Arab traveling on a false passport was arrested in Karachi near the time of the bombings. This is discovered to be Odeh, who is transferred to US custody. Only then does al-Qaeda’s involvement become clear. Perhaps to support this timeline, Berntsen also falsely claims that another bomber, Mohamed al-Owhali, is arrested on August 15 when in fact he is arrested three days earlier. [United States of America v. Usama Bin Laden, et al., Day 38, 5/2/2001; Berntsen and Pezzullo, 2005]
Odeh's Confession and Other Al-Qaeda Evidence Kept Secret for Days - Publicly, the US does not link any evidence from the bombing to al-Qaeda until August 17, when Odeh’s confession is finally mentioned in front page news stories. Even then, the story is based on accounts from Pakistani officials and US officials say they cannot confirm it. [Washington Post, 8/17/1998] In fact, there is a wealth of information immediately tying al-Qaeda to the bombings that is kept secret, including wiretaps of many of the bombers (see April 1996 and May 1998), informants in the cell (see Before August 7, 1998), and even a statement of responsibility that was intercepted hours before the bombings had occurred (see August 5-7, 1998).

Entity Tags: Mohammed Saddiq Odeh, Mohamed al-Owhali, Central Intelligence Agency, Gary Berntsen, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline

In November 1997, an Egyptian named Mustafa Mahmoud Said Ahmed walked into the US embassy in Nairobi, Kenya, and told CIA officers of a group planning to blow up the embassy (see November 1997). His warning would turn out to be a startlingly accurate description of the 1998 US embassy bombing in Nairobi (see 10:35-10:39 a.m., August 7, 1998). Ahmed apparently is involved in the bombing of the US embassy in Dar es Salaam, Tanzania, that takes place the same day the Nairobi embassy is bombed. One day after the attacks, Ahmed contacts the British embassy and offers to help. He is overheard saying, “I told them everything I knew.” He also tells the British that it was “not the first time” he had cooperated with Western officials, and that he had been doing so “since last year.” [New York Times, 10/23/1998; New York Times, 1/9/1999] CIA officer Gary Berntsen will later reveal that he meets Ahmed as Ahmed is being kicked out of an allied government’s embassy. Berntsen then interviews Ahmed, and while the account of the interview is almost completely censored, Ahmed apparently gives information that leads to the arrest of one of the embassy bombers in Pakistan on August 15. This is the crucial break that allows the US to conclusively determine al-Qaeda’s role in the bombings and arrest some of the other bombers. [Berntsen and Pezzullo, 2005, pp. 22-25] The US does not ask for Ahmed’s extradition, and he is charged for the Tanzania bombing in that country. The New York Times will report, “Several non-American diplomats in the region [speculate] that the United States is allowing the Tanzanians to try Mr. Ahmed because they fear his trial in America might bring to light his dealings with American authorities and other Western intelligence services.” [New York Times, 10/23/1998; New York Times, 1/9/1999] In March 2000, Tanzania will announce that all charges against Ahmed have been dropped and he is being deported. No reason will be given. [New York Times, 3/20/2000]

Entity Tags: Gary Berntsen, Mustafa Mahmoud Said Ahmed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Two days after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), the FBI interview double agent Ali Mohamed over the telephone. Mohamed is living openly in California. He says al-Qaeda is behind the bombings and that he knows who the perpetrators are, but he won’t give their names to the FBI. He also tries to downplay his involvement in the bombings, saying that he lived in Kenya in 1994 and ran front companies for bin Laden there, but when he was shown a file containing a plan to attack the US embassy in Kenya, he “discouraged” the cell members from carrying out the attack. A week later, prosecutors subpoena Mohamed to testify before a grand jury hearing in New York to be held in September. Author Peter Lance will later comment, “Considering that Mohamed had told [US Attorney Patrick] Fitzgerald at their dinner meeting in the fall of 1997 (see October 1997) that he had fake passports and the means to leave the country quickly, it’s mind-boggling how long it took the Feds to search his home…” They do not arrive at his house until August 24 (see August 24, 1998). On August 27, he again tells the FBI on the phone that he knows who the bombers are but again refuses to name names. He will not be arrested until September 10 (see September 10, 1998). [New York Times, 1/13/2001; Lance, 2006, pp. 296]

Entity Tags: Ali Mohamed, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Mohamed al-Owhali is arrested and immediately begins confessing to FBI investigators his role in the recent al-Qaeda bombing of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998). In addition to revealing the existence of an al-Qaeda network in the US planning an attack there (August 12-25, 1998) and also revealing the phone number of a key al-Qaeda communications hub in Yemen (see Late August 1998), it appears he also reveals al-Qaeda plans for an attack in Yemen. In October 2000, Al-Qaeda operatives bombed the USS Cole in a port in Yemen (see October 12, 2000). In January 2001, in coverage of al-Owhali’s trial for his role in the embassy bombings, a court document mentions that during his interrogation he mentioned “a possible attack in Yemen.” [CNN, 1/19/2001] However, one newspaper notes, “It could not be learned how the authorities followed up on the information or how detailed it was.” [New York Times, 1/18/2001] It will later be revealed that al-Owhali identified the two leaders of the Cole bombing as participants in the planning for the US embassy bombings. [CNN, 10/16/2001]

Entity Tags: Mohamed al-Owhali, Al-Qaeda

Timeline Tags: Complete 911 Timeline

In 1998, President Clinton faces a growing scandal about his sexual relationship with aide Monica Lewinsky, and even faces the possibility of impeachment over the matter. He is publicly interrogated about the scandal on August 17, 1998. Counterterrorism “tsar” Richard Clarke will later claim that he worries Clinton might let the timing of the scandal get in the way of acting on new intelligence to hit Osama bin Laden with a missile strike in retaliation for the recent African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). But Clarke is reassured when Clinton tells his advisers, “Do you all recommend that we strike on the 20th? Fine. Do not give me political advice or personal advice about the timing. That’s my problem. Let me worry about that.” [Clarke, 2004, pp. 185-186] Defense Secretary William Cohen also warns Clinton that he will be criticized for changing the subject from the Lewinsky scandal. [Benjamin and Simon, 2005, pp. 358]
Criticism from Politicians - Clinton gives the go-ahead for the missile strike on August 20th anyway (see August 20, 1998) and is immediately widely criticized for it. In late 1997, there was a popular movie called “Wag the Dog,” based on a fictional president who creates an artificial crisis in order to distract the public from a domestic scandal. Republicans are particularly critical and seize upon a comparison to the movie. House Speaker Newt Gingrich (R-GA) initially supports the missile strike, but later criticizes it as mere “pinpricks.” [9/11 Commission, 7/24/2004, pp. 117] Sen. Arlen Specter (R-PA) says, “The president was considering doing something presidential to try to focus attention away from his personal problems.” [Benjamin and Simon, 2005, pp. 358-359] Sen. Daniel Coats (R-IN) says, “I just hope and pray the decision that was made was made on the basis of sound judgment, and made for the right reasons, and not made because it was necessary to save the president’s job.” [New York Times, 8/4/2004]
Media Criticism - The media is also very critical, despite a lack of any evidence that Clinton deliberately timed the missile strike as a distraction. Television networks repeatedly show clips of the “Wag the Dog” movie after the missile strike. New Yorker journalist Seymour Hersh reports, “Some reporters questioned whether the president had used military force to distract the nation’s attention from the Lewinsky scandal.” [Benjamin and Simon, 2005, pp. 358-359]
9/11 Commission Commentary - The 9/11 Commission will later conclude, “The failure of the strikes, the ‘wag the dog’ slur, the intense partisanship of the period, and the [fact that one of the missile targets probably had no connection to bin Laden (see September 23, 1998)] likely had a cumulative effect on future decisions about the use of force against bin Laden.” [9/11 Commission, 7/24/2004, pp. 118]

Entity Tags: Richard A. Clarke, William S. Cohen, William Jefferson (“Bill”) Clinton, Osama bin Laden, Monica Lewinsky, Daniel Coats, Arlen Specter, Newt Gingrich

Timeline Tags: Complete 911 Timeline

Through its own monitoring of Osama bin Laden’s satellite phone, the CIA determines that he intends to travel to a training camp in Khost, in eastern Afghanistan. The CIA has to use its own equipment to do this because of a dispute with the NSA, which refused to provide it with full details of its intercepts of bin Laden’s calls (see December 1996). Although the CIA can only get half of what the NSA gets, shortly after the attacks on US embassies in East Africa (see 10:35-10:39 a.m., August 7, 1998), it determines that bin Laden will travel to Khost the next day. On that day, the US launches several missile strikes, one of which is against Khost (see August 20, 1998), but bin Laden does not travel there, evading the missiles. Some will later claim that bin Laden changes his mind on the way there for no particular reason, but there will also be allegations that the Pakistani ISI warned him of the upcoming attack (see July 1999). [Wright, 2006, pp. 283]

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

Timeline Tags: Complete 911 Timeline

Around the time of a US missile strike against al-Qaeda leaders (see August 20, 1998), Ayman al-Zawahiri uses Osama bin Laden’s satellite phone to speak to Rahimullah Yusufzai, a leading Pakistani reporter for the BBC and the Karachi-based News. During the call, Al-Zawahiri denies al-Qaeda is responsible for attacks on two US embassies in East Africa, which killed over 200 people (see 10:35-10:39 a.m., August 7, 1998): “Mr. bin Laden has a message. He says, ‘I have not bombed the American embassies in Kenya and Tanzania. I have declared jihad, but I was not involved.’” Although bin Laden’s trial for the embassy bombings in Afghanistan, arranged by the Taliban, collapses when the US fails to provide sufficient evidence of his involvement (see (October 25-November 20, 1998)), bin Laden is generally thought to have known of and authorized the two attacks. [Wright, 2006, pp. 279, 283]

Entity Tags: Rahimullah Yusufzai, Ayman al-Zawahiri, Al-Qaeda, Osama bin Laden

Timeline Tags: Complete 911 Timeline

After he is arrested for the Nairobi embassy bombing (see 10:35-10:39 a.m., August 7, 1998), Mohamed al-Owhali is questioned by local Kenyan law enforcement and the FBI, and discloses important information (see August 4-25, 1998). When he is shown photographs of al-Qaeda operatives, one of the people he identifies is Abd al-Rahim al-Nashiri (a.k.a. Bilal), a cousin of another Nairobi bomber. Al-Nashiri is an al-Qaeda leader who helped al-Owhali obtain a false passport in Yemen when al-Owhali stayed at an al-Qaeda safe house in April-May 1998. It is unclear where the FBI obtained the photo of al-Nashiri, although US intelligence was previously informed of al-Nashiri’s involvement in a plot to smuggle anti-tank missiles into Saudi Arabia (see 1997). [Federal Bureau of Investigation, 9/9/1998, pp. 16 pdf file; United State of America v. Usama bin Laden, et al., Day 14, 3/7/2001; Burke, 2004, pp. 174; 9/11 Commission, 7/24/2004, pp. 152-3]

Entity Tags: Abd al-Rahim al-Nashiri, Mohamed al-Owhali, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two days after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), double agent Ali Mohamed told the FBI over the telephone that he knows who the perpetrators are, but he won’t reveal their names (see August 9, 1998). Mohamed is living openly in Sacramento, California, but is not arrested. A week later, he received a subpoena ordering him to testify before a grand jury hearing in New York to be held in September. On August 24, a ten-person team of federal agents secretly search Mohamed’s apartment. They copy computer files and photograph documents. His computer has been bugged since October 1997, but agents nonetheless clone his hard drives. They also copy his CD-Roms and floppy disks and photocopy documents. Then they try to hide any trace that they have been in his apartment. They discover a false passport and a number of training documents. One file, created in May 1998, discusses security measures for terrorist cells and specifically mentions his links to al-Qaeda. They even find documents from the Nairobi al-Qaeda cell and training manuals. [San Francisco Chronicle, 9/21/2001; Raleigh News and Observer, 10/21/2001; Wall Street Journal, 11/26/2001; Lance, 2006, pp. 296] However, he will still not be arrested until September 10 (see September 10, 1998).

Entity Tags: Federal Bureau of Investigation, Ali Mohamed, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Al-Qaeda’s communications hub in Sana’a, Yemen.Al-Qaeda’s communications hub in Sana’a, Yemen. [Source: PBS NOVA]The investigation of the East Africa embassy bombings (see 10:35-10:39 a.m., August 7, 1998) led to the discovery of the phone number of an al-Qaeda communications hub in Sana’a, Yemen (see August 4-25, 1998). The hub is run by an al-Qaeda veteran named Ahmed al-Hada, who is helped by his son Samir and is related to many other al-Qaeda operatives in Yemen and elsewhere. He is also the father in law of 9/11 hijacker Khalid Almihdhar, whose wife, Hoda al-Hada, lives at the hub with their children. [Newsweek, 6/2/2002; Die Zeit (Hamburg), 10/1/2002; MSNBC, 7/21/2004; Suskind, 2006, pp. 94; Wright, 2006, pp. 277, 309, 343, 378] Several of Ahmed al-Hada’s relatives die fighting for al-Qaeda before 9/11, a fact known to US intelligence. [Los Angeles Times, 12/21/2005; Guardian, 2/15/2006] The NSA may already be aware of the phone number, as they have been intercepting Osama bin Laden’s communications for some time (see November 1996-Late August 1998) and, according to Newsweek, “some” of bin Laden’s 221 calls to Yemen are to this phone number. [Newsweek, 2/18/2002; Sunday Times (London), 3/24/2002; Media Channel, 9/5/2006] The US intelligence community now begins a joint effort to monitor the number. The NSA and CIA jointly plant bugs inside the house, tap the phones, and monitor visitors with spy satellites. [Mirror, 6/9/2002; Wright, 2006, pp. 343; New Yorker, 7/10/2006 pdf file] US intelligence also learns that the communications hub is an al-Qaeda “logistics center,” used by agents around the world to communicate with each other and plan attacks. [Newsweek, 6/2/2002] The joint effort enables the FBI to map al-Qaeda’s global organization (see Late 1998-Early 2002) and at least three of the hijackers use the number, enabling the NSA to intercept their communications and find out about an important al-Qaeda meeting in Malaysia (see December 29, 1999 and January 5-8, 2000 and Early 2000-Summer 2001). It appears al-Qaeda continues to use this phone line until Samir al-Hada dies resisting arrest in early 2002 (see February 13, 2002).

Entity Tags: National Security Agency, Federal Bureau of Investigation, Samir al-Hada, Khalid Almihdhar, Central Intelligence Agency, Osama bin Laden, Hoda al-Hada, Ahmed al-Hada

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Mohamed al-Owhali, one of the bombers of the US embassy in Nairobi, Kenya (see 10:35-10:39 a.m., August 7, 1998), is rendered from Kenya to the US. Al-Owhali was arrested in Nairobi after the bombing and gave up information to local authorities and the FBI about it (see August 4-25, 1998 and August 22-25 1998). He will be tried in the US and sentenced to life in prison (see October 21, 2001). [Grey, 2007, pp. 129, 246]

Entity Tags: Mohamed al-Owhali

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Following the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), CIA managers ask Alec Station, the CIA’s bin Laden unit, what it most needs to improve the agency’s capabilities against al-Qaeda. Alec Station chief Michael Scheuer will later say that he raises “our dire need for verbatim reports derived from electronic collection.” This is a reference to his desire to get verbatim transcripts of calls to and from al-Qaeda’s operations hub in Yemen, in particular ones between it and Osama bin Laden in Afghanistan. The NSA has the transcripts, but is refusing to provide them to the CIA, and the two agencies have been at loggerheads over the issue for nearly two years. Alec Station needs the transcripts, not the summaries the NSA provides, because the operatives talk in code on the phone and this code cannot be cracked based on the summaries, only using the transcripts (see February 1996-May 1998, December 1996, After December 1996, and After December 1996). Other senior CIA officers have similar trouble getting transcripts from the NSA. Higher officials order the NSA to comply, and they do, but only for less than 12 requests. Then the system returns to the way it was, with NSA only sharing summaries. [Atlantic Monthly, 12/2004] The reason for the change back is unclear, although bin Laden stops using his satellite phone around this time (see Late August 1998).

Entity Tags: National Security Agency, Alec Station, Central Intelligence Agency, Al-Qaeda, Michael Scheuer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Wadih El Hage.Wadih El Hage. [Source: FBI]On September 15, 1998, Wadih El-Hage is arrested in the US after appearing before a US grand jury. A US citizen, he had been bin Laden’s personal secretary. He will later be convicted for a role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). [New York Times, 9/18/1998]

Entity Tags: Wadih El-Hage

Timeline Tags: Complete 911 Timeline

Mamdouh Mahmud Salim.Mamdouh Mahmud Salim. [Source: FBI]Mamdouh Mahmud Salim (a.k.a. Abu Hajer), an al-Qaeda operative from the United Arab Emirates connected to the 1998 East African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), is arrested at a used car dealership near Munich, Germany. He is arrested by a special commando unit of German police, with CIA agents directing them nearby. The German government has no idea who Salim is, and the US only notified Germany about the planned arrest five hours in advance. [PBS, 9/30/1998; Der Spiegel (Hamburg), 12/12/2005] The 9/11 Congressional Inquiry will later say that Salim was Osama bin Laden’s “right hand man,” and “head of bin Laden’s computer operations and weapons procurement.” He is also “the most senior-level bin Laden operative arrested” up until this time. [New York Times, 9/29/2001; US Congress, 7/24/2003, pp. 51 pdf file] Author Lawrence Wright will later note that bin Laden and Salim worked together in Afghanistan in the 1980s, “forging such powerful bonds that no one could get between them.” Salim was also one of the founding members of al-Qaeda (see August 11-20, 1988) and bin Laden’s personal imam (i.e., preacher). [Wright, 2006, pp. 131, 170] Starting in 1995, Salim had been making frequent visits to Germany. Mamoun Darkazanli, who lives in Hamburg and associates with Mohamed Atta’s al-Qaeda cell, had signing powers over Salim’s bank account. Both men attended Al-Quds mosque, the same Hamburg mosque as future 9/11 hijackers Atta and Marwan al-Shehhi attend. [Vanity Fair, 1/2002] The FBI learns much from Salim about al-Qaeda, and this information could be useful to the US embassy bombings investigation. However, the FBI is unwilling to brief its German counterparts on what it knows about Salim and al-Qaeda. [New York Times, 9/29/2001]

Entity Tags: Osama bin Laden, Mamdouh Mahmud Salim, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Khalid al-Fawwaz, Osama bin Laden’s de facto press secretary, is arrested in London on September 23, 1998. He is arrested with six other suspects, presumably including Ibrahim Eidarous and Adel Abdel Bary. The three of them effectively run the Advice and Reformation Committee (ARC), a bin Laden front in London. Al-Fawwaz is arrested again on September 27 at the request of the US, which issues an extradition warrant for him the same day. On July 12, 1999, Eidarous and Bary are arrested again, as the US issues extradition warrants for them as well. All three are charged in the US for roles in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Apparently, none of them are released before being arrested on the new charges (see July 12, 1999). Presumably, the other three who were originally arrested are released. [New York Times, 9/29/1998; New York Times, 7/13/1999] It is not clear why the three were not arrested earlier, or why they were not charged in Britain. They had been monitored in London for years. Bin Laden called them over 200 hundred times from 1996 to 1998, and they are alleged to have been involved in many plots (see Early 1994-September 23, 1998). For instance, the three received a fax from al-Qaeda operatives taking credit for the embassy bombings hours before the bombings actually took place and passed it on to media outlets (see July 29-August 7, 1998). In 1996, the US requested that Britain should arrest al-Fawwaz, Eidarous, and Bary, but the British decided there wasn’t enough evidence. [Soufan, 2011, pp. 98]

Entity Tags: Ibrahim Eidarous, Adel Abdel Bary, Advice and Reformation Committee, Khalid al-Fawwaz

Timeline Tags: Complete 911 Timeline


Mark Flessner.
Mark Flessner. Two months after the US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998), FBI agent Robert Wright and his Vulgar Betrayal investigation discover evidence they think ties Saudi multimillionaire Yassin al-Qadi to the bombings. Since 1997, Wright had been investigating a suspected terrorist cell in Chicago that was connected to fundraising for Hamas. They discovered what they considered to be clear proof that al-Qadi and other people they were already investigating had helped fund the embassy bombings. Wright asks FBI headquarters for permission to open an investigation into this money trail at this time, but the permission is not granted. Wright will later recall, “The supervisor who was there from headquarters was right straight across from me and started yelling at me: ‘You will not open criminal investigations. I forbid any of you. You will not open criminal investigations against any of these intelligence subjects.’” Instead, they are told to merely follow the suspects and file reports, but make no arrests. Federal prosecutor Mark Flessner, working with the Vulgar Betrayal investigation, later will claim that a strong criminal case was building against al-Qadi and his associates. “There were powers bigger than I was in the Justice Department and within the FBI that simply were not going to let [the building of a criminal case] happen. And it didn’t happen.… I think there were very serious mistakes made. And I think, it perhaps cost, it cost people their lives ultimately.” [ABC News, 12/19/2002] Flessner later will speculate that Saudi influence may have played a role. ABC News will report in 2002, “According to US officials, al-Qadi [has] close personal and business connections with the Saudi royal family.” [ABC News, 11/26/2002] Wright later will allege that FBI headquarters even attempted to shut down the Vulgar Betrayal investigation altogether at this time. He says, “They wanted to kill it.” [ABC News, 12/19/2002] However, he will claim, “Fortunately an assistant special agent in Chicago interceded to prevent FBI headquarters from closing Operation Vulgar Betrayal.” [Federal News Service, 6/2/2003] He claims that a new supervisor will write in late 1998, “Agent Wright has spearheaded this effort despite embarrassing lack of investigative resources available to the case, such as computers, financial analysis software, and a team of financial analysts. Although far from being concluded, the success of this investigation so far has been entirely due to the foresight and perseverance of Agent Wright.” [Federal News Service, 5/30/2002] When the story of this interference in the alleged al-Qadi-embassy bombings connection will be reported in late 2002, Wright will conclude, “September the 11th is a direct result of the incompetence of the FBI’s International Terrorism Unit. No doubt about that. Absolutely no doubt about that. You can’t know the things I know and not go public.” He will remain prohibited from telling all he knows, merely hinting, “There’s so much more. God, there’s so much more. A lot more.” [ABC News, 12/19/2002]

Entity Tags: Yassin al-Qadi, Hamas, US Department of Justice, International Terrorism Unit, Mark Flessner, Robert G. Wright, Jr., Al-Qaeda, Federal Bureau of Investigation, Vulgar Betrayal

Timeline Tags: Complete 911 Timeline

After the Taliban is warned that bin Laden has been accused of involvement in the recent 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), it initiates judicial proceedings against him. But when the US fails to provide Afghanistan’s supreme court with sufficient evidence, bin Laden is acquitted. [Associated Press, 11/20/1998] The Taliban has already received some claims regarding bin Laden’s involvement in terrorism from the US (see August 23, 1998), but these are insufficient and more evidence is requested. Originally, there is no cut-off date for supplying evidence, but when the US does nothing, the Taliban leaders become frustrated and announce a time limit on the inquiry: “If anyone has any evidence of bin Laden’s involvement in cases of terrorism, subversion, sabotage, or any other acts, they should get it to the court before November 20. If by then there is nothing, we will close the case and in our eyes he will be acquitted.” In a November 10 cable the US embassy in Pakistan, which also handles Afghan affairs, comments: “The Taliban appear to many observers not to be totally unreasonable in their demand that the US provide them evidence on bin Laden.” [US Embassy (Islamabad), 11/10/1998 pdf file] The US then sends the Taliban a video of an interview bin Laden gave CNN in 1997, a transcript of his ABC 1998 interview, and a copy of his US indictment for the embassy bombings. [US Department of State, 11/11/1998 pdf file] The inquiry is headed by the country’s chief justice, Noor Mohamed Saqib. After the evidence is found not to be enough and bin Laden is set free, Saqib comments: “It is their shame that they have been silent. America is wrong about bin Laden… Anything that happens now anywhere in the world they blame Osama, but the reality is in the proof and they have not given us any. It’s over and America has not presented any evidence. Without any evidence, bin Laden is a man without sin… he is a free man.” [Associated Press, 11/20/1998] However, the State Department says that it did not “endorse, support, or request” the sharia court trial, but simply wanted bin Laden extradited. A White House spokesperson says, “Without commenting on the rigor of the Taliban judicial system, it is clear that Mr. bin Laden is a proven threat to US national interests.” [US Department of State, 11/11/1998 pdf file; Associated Press, 11/20/1998] The Taliban’s leadership is not satisfied with the outcome of the trial and will subsequently ask the US for help in getting rid of bin Laden (see November 28, 1998).

Entity Tags: US Embassy in Islamabad, US Department of State, Taliban, Noor Mohamed Saqib, Osama bin Laden, Supreme Court of Afghanistan

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

William Wechsler.William Wechsler. [Source: CAP]Shortly after the US embassy bombings in 1998 (see 10:35-10:39 a.m., August 7, 1998), the US launches a new interagency effort to track bin Laden’s finances. There had been a previous interagency effort in 1995 but it had fizzled (see October 21, 1995). Counterterrorism “tsar” Richard Clarke sets up a task force. He orders it to find out how much money bin Laden has, where it comes from, how it is distributed, and to stop it. Clarke appoints William Wechsler, a National Security Council staff member, to head the task force. The task force begins an investigation of bin Laden’s finances (see Late 1998). Clarke later writes that he and Wechsler “quickly [come] to the conclusion that the [US government] departments [are] generally doing a lousy job of tracking and disrupting international criminals’ financial networks and had done little or nothing against terrorist financing.” [New York Times, 9/20/2001; Clarke, 2004, pp. 190-191] Clarke will later claim there was only limited effort from within the US government to fight bin Laden’s financial network. He will assert that within weeks of setting up the interagency effort, it was determined that only one person in the US government, a lowly Treasury Department official, appeared to have any expertise about the hawala system, an informal and paperless money transfer system used by al-Qaeda that is popular with Muslim populations worldwide (see 1993-September 11, 2001). Clarke will later write that the “CIA knew little about the [hawala] system, but set about learning. FBI knew even less, and set about doing nothing.” The FBI claims there are no hawalas in the US, but Wechsler finds several in New York City using a simple Internet search. Clarke will say, “Despite our repeated requests over the following years, nobody from the FBI ever could answer even our most basic questions about the number, location, and activities of major hawalas in the US—much less taken action.” The efforts of other departments are not much better. The one Treasury official with some expertise about hawalas is eventually let go before 9/11. [Clarke, 2004, pp. 192-193] Efforts to pressure governments overseas also meet with little success (see August 20, 1998-1999).

Entity Tags: William Wechsler, Richard A. Clarke, Federal Bureau of Investigation, Osama bin Laden, Al-Qaeda, Central Intelligence Agency, US Department of the Treasury

Timeline Tags: Complete 911 Timeline

In an interview for Time magazine held on this date, Osama bin Laden is asked whether he was responsible for the August 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). He replies, “If the instigation for jihad against the Jews and the Americans in order to liberate [Islamic shrines in Mecca and Medina] is considered a crime, then let history be a witness that I am a criminal. Our job is to instigate and, by the grace of God, we did that—and certain people responded to this instigation.… I am confident that Muslims will be able to end the legend of the so-called superpower that is America.” He admits knowing certain people accused of being behind the bombing, such as Wadih El-Hage and Mamdouh Mahmud Salim, but denies they had any connection to the bombings. [Time, 1/11/1999; Globe and Mail, 10/5/2001]

Entity Tags: Osama bin Laden, Wadih El-Hage, Mamdouh Mahmud Salim

Timeline Tags: Complete 911 Timeline

During the investigation of the August 7, 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998), FBI counterterrorism expert John O’Neill finds a memo by al-Qaeda leader Mohammed Atef on a computer. The memo shows that bin Laden’s group has a keen interest in and detailed knowledge of negotiations between the Taliban and the US over an oil and gas pipeline through Afghanistan. Atef’s analysis suggests that the Taliban are not sincere in wanting a pipeline, but are dragging out negotiations to keep Western powers at bay. [Salon, 6/5/2002]

Entity Tags: Mohammed Atef, United States, Taliban, John O’Neill, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

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

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