!! History Commons Alert, Exciting News

Context of 'Late 2003: FBI Keeping Data on Innocent US Citizens'

This is a scalable context timeline. It contains events related to the event Late 2003: FBI Keeping Data on Innocent US Citizens. You can narrow or broaden the context of this timeline by adjusting the zoom level. The lower the scale, the more relevant the items on average will be, while the higher the scale, the less relevant the items, on average, will be.

1970s: MEK Kills US Personnel in Tehran

The Mujahedeen-e Khalq (MEK), a militant Iranian political organization formed in the 1960s, kills US military personnel and US civilians working on defense projects in Tehran. MEK is currently led by husband and wife Massoud and Maryam Rajavi. MEK is part of a larger political organization know as the National Council of Resistance of Iran (NCRI). [US Department of State, 4/30/2003; US Department of State, 4/2005; GlobalSecurity (.org), 4/27/2005; National Memorial Institute for the Prevention of Terrorism, 5/12/2005]

Entity Tags: People’s Mujahedin of Iran, Massoud Rajavi, Maryam Rajavi

Timeline Tags: US confrontation with Iran

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

The Mujahedeen-e Khalq (MEK), a militant Iranian opposition group, helps Saddam Hussein suppress the Shia uprisings in southern Iraq and the Kurdish uprisings in the north. [US Department of State, 4/30/2003]

Entity Tags: People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran

A Pakistani-based proliferation network centered around nuclear scientist A. Q. Khan and the ISI intelligence agency begins to use Turkish fronts to acquire technology in the US. This move is made because it is thought Turks are less likely to attract suspicion than Pakistanis. At one point the operation is headed by ISI Director Lt. Gen. Mahmood Ahmed. According to FBI whistleblower Sibel Edmonds, intercepted communications show Mahmood and his colleagues stationed in Washington are in constant contact with attach├ęs at the Turkish embassy. Edmonds will also say that venues such as the American Turkish Council (ATC), a Washington-based lobby group, are used for handovers, and packages containing nuclear secrets are then delivered by Turkish operatives, using their cover as members of the diplomatic and military community, to contacts at the Pakistani embassy in Washington. Edmonds will also allege: “Certain greedy Turkish operators would make copies of the material and look around for buyers. They had agents who would find potential buyers.” [Sunday Times (London), 1/6/2008]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, American-Turkish Council, Mahmood Ahmed, Sibel Edmonds

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

The US State Department includes the Mujahedeen-e Khalq (MEK), a militant Iranian opposition group, in its list of foreign terrorist organizations. [Executive Office of the President, 9/12/2002 pdf file; Newsweek, 9/26/2002; US Department of State, 4/30/2003] MEK, which in English means, “People’s Holy Warriors,” [Christian Science Monitor, 7/29/2004] is later described by its former members as a cult. Its husband-and-wife leaders, Massoud and Maryam Rajavi, exercise absolute control over the group’s rank-and-file, requiring that members worship them and practice Mao-style self-denunciations. Many of the MEK’s members are tricked into joining the group. For example, the parents of Roshan Amini will tell the Christian Science Monitor in 2003 that their son joined because he had been told he would be able to complete two school grades in one year and earn a place in college. But after joining, Amini was not permitted to leave. [Christian Science Monitor, 12/31/2003; Los Angeles Times, 12/5/2004]

Entity Tags: Massoud Rajavi, People’s Mujahedin of Iran, Maryam Rajavi

Timeline Tags: US confrontation with Iran

Former US ambassador Joe Wilson and CIA officer Valerie Plame meet for the first time at a reception held at the Turkish ambassador’s residence. Wilson is a political adviser to the Commander in Chief of the US Armed Forces in Europe. Plame describes herself as an “energy executive living in Brussels.” Wilson and Plame will marry a year later and will become involved in the “Plame Affair,” when Plame’s affiliation with the CIA is disclosed in the media (see July 14, 2003). After her marriage, Plame will generally be referred to by the name Plame Wilson. Wilson, who is accompanied by General James Jamerson, is there to receive an award from the American-Turkish Council. The reason for Plame’s presence there is not known. [Wilson, 2004, pp. 239-242, 273] However, the American-Turkish Council will later be said to be involved in the smuggling of nuclear weapons material to Turkey and other countries (see Late 1990s-Early 2001 and Mid-Late 1990s), and Plame’s job at the CIA is in its non-proliferation section (see Late February 1999), so she may be there for operational reasons. [Sunday Times (London), 1/6/2008; Sunday Times (London), 1/27/2008]

Entity Tags: James Jamerson, American-Turkish Council, Valerie Plame Wilson, Joseph C. Wilson

Timeline Tags: A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

An FBI investigation finds that Turkish nationals are involved in efforts to bribe members of Congress, both Republican and Democrat. Targets of the FBI’s investigation include individuals at Chicago’s Turkish Consulate and the American-Turkish Consulate, as well as members of the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Wiretaps obtained by investigators also contain what appears to be references to large scale drug shipments and other crimes. In 1999 some FBI investigators call for the appointment of a special prosecutor to continue the investigation. But after the Bush administration comes to office, higher-ups in the Department of State pressure the bureau to shift the attention of its investigation away from elected politicians and instead focus on appointed officials. [Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]

Entity Tags: US Department of State, US Congress, Turkish Consulate of Chicago, Federal Bureau of Investigation, American-Turkish Consulate, American-Turkish Council, Assembly of Turkish American Associations

Timeline Tags: Complete 911 Timeline

Yellowcake.Yellowcake. [Source: CBC]Pakistani nuclear scientist A. Q. Khan takes a trip to West Africa. Ostensibly, he is going to oversee the construction of the Hendrina Khan Hotel in Timbuktu, Mali, which he bought the year before and is named after his wife, but it is believed that is just a cover for nuclear-related business. He spends several days in Khartoum, Sudan, where he is spotted touring the al-Shifa factory, bombed by the US the year before in response to al-Qaeda bombings in Africa (see August 20, 1998). In 2006, intelligence sources in India and Israel will claim that Khan actually partly owns the factory. Khan then travels to N’Djamena, the capital of Chad, Timbuktu in Mali, and Niamey, the capital of Niger. Niger has considerable uranium deposits and had been a major supplier of yellowcake uranium to Pakistan in the 1970s. Khan returns to Sudan, where he meets with the Sudanese president, and then returns to Pakistan. He is accompanied by his top nuclear aides and a number of Pakistani generals, and all expenses on the trip are paid for by the Pakistani government.
CIA Investigates Khan Trip - CIA undercover agent Valerie Plame Wilson learns about the trip, and the CIA is so concerned that it launches an investigation, especially to find out if Khan could be buying yellowcake from Niger. Plame Wilson’s husband Joseph Wilson, a former National Security Council official and US ambassador to the nearby country of Gabon who has close ties to important politicians in Niger, and who who has just set up a private consulting firm with a focus on advising clients who want to do business in Africa, is approached by officials from the CIA’s National Resources Division (NR) to visit Niger. The agency asks Wilson, who already has a business trip planned to West Africa, to find out what he can about Khan’s trip.
Illicit Uranium Sales Highly Unlikely - Wilson concludes that illicit uranium sales are very unlikely since the French government tightly controls Niger’s uranium mines and uranium sales. However, Khan’s trip does raise concern that he could be working with Osama bin Laden, because of his interest in the al-Shifa factory in Sudan, and because of intelligence that the hotel he owns in Timbuktu was paid for by bin Laden as part of a cooperative deal between them. The CIA writes and distributes a report on the trip. (In 2004, the Senate Intelligence Committee will erroneously conclude that the CIA did not distribute the Wilson-Niger report—see July 9, 2004.) Wilson will keep this trip secret, even refusing to mention it in his 2004 memoir The Politics of Truth, presumably because he signed a confidentiality agreement with the CIA. In 2002, he will return to Niger to investigate if Saddam Hussein could be buying uranium in Niger (see February 21, 2002-March 4, 2002). That will lead to the eventual outing of his wife Plame Wilson’s status as a CIA agent. [Levy and Scott-Clark, 2007, pp. 283-285, 516; Wilson, 2007, pp. 358-360]

Entity Tags: Valerie Plame Wilson, Abdul Qadeer Khan, Osama bin Laden, Joseph C. Wilson

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

FBI translators Sibel Edmonds and Behrooz Sarshar will later claim to know of an important warning given to the FBI at this time. In their accounts, a reliable informant on the FBI’s payroll for at least ten years tells two FBI agents that sources in Afghanistan have heard of an al-Qaeda plot to attack the US and Europe in a suicide mission involving airplanes. Al-Qaeda agents, already in place inside the US, are being trained as pilots. By some accounts, the names of prominent US cities are mentioned. A report on the matter is filed with squad supervisor Thomas Frields, but it’s unclear if this warning reaches FBI headquarters or beyond. The two translators will later privately testify to the 9/11 Commission. [WorldNetDaily, 3/24/2004; Salon, 3/26/2004; WorldNetDaily, 4/6/2004; Village Voice, 4/14/2004] Sarshar’s notes of the interview indicate that the informant claimed his information came from Iran, Afghanistan, and Hamburg, Germany (the location of the primary 9/11 al-Qaeda cell). However, anonymous FBI officials will claim the warning was very vague and doubtful. [Chicago Tribune, 7/21/2004] In reference to this warning and apparently others, Edmonds will say, “President Bush said they had no specific information about September 11, and that’s accurate. However, there was specific information about use of airplanes, that an attack was on the way two or three months beforehand, and that several people were already in the country by May of 2001. They should’ve alerted the people to the threat we were facing.” [Salon, 3/26/2004] She will add, “There was general information about the time-frame, about methods to be used but not specifically about how they would be used and about people being in place and who was ordering these sorts of terror attacks. There were other cities that were mentioned. Major cities with skyscrapers.” [Independent, 4/2/2004]

Entity Tags: George W. Bush, Federal Bureau of Investigation, Behrooz Sarshar, Thomas Frields, Sibel Edmonds, Al-Qaeda, 9/11 Congressional Inquiry

Timeline Tags: Complete 911 Timeline

Marc Grossman at an American-Turkish Council meeting in 2005.Marc Grossman at an American-Turkish Council meeting in 2005. [Source: Canal+]An unnamed high-ranking State Department official tips off members of a nuclear smuggling ring about a CIA operation to penetrate it, according to FBI translator Sibel Edmonds. Edmonds will later leave the FBI, becoming a whistleblower, and will say she knows this based on telephone conversations she translated. The ring is headed by Pakistani nuclear scientist A. Q. Khan, and includes Pakistan’s ISI intelligence agency, as well as Turkish and Israeli representatives. The official is said to tell a member of the ring that a company the ring wants to do business with, Brewster Jennings & Associates, is a CIA front company. Brewster Jennings & Associates is a front for Valerie Plame Wilson, who will later be outed as a CIA officer in 2003, and possibly other operatives. A group of Turkish agents come to the US on the pretext of researching alternative energy sources and are introduced to Brewster Jennings through a lobby group, the American Turkish Council (ATC). The Turks apparently believe Brewster Jennings are energy consultants and plan to hire them. According to Edmonds, the State Department official finds out about this and contacts a foreign target under FBI surveillance, telling him, “[Y]ou need to stay away from Brewster Jennings because they are a cover for the government.” The FBI target then warns several people about Brewster Jennings, including a person at the ATC and an ISI agent, and Plame Wilson is moved to another operation.
Comments and Denial - The Sunday Times will comment: “If the ISI was made aware of the CIA front company, then this would almost certainly have damaged the investigation into the activities of Khan. Plame [Wilson]‘s cover would also have been compromised, although Edmonds never heard her name mentioned on the intercepts.” The unnamed State Department official will deny the allegations, calling them “false and malicious.” Former CIA officer Philip Giraldi will comment: “It’s pretty clear Plame [Wilson] was targeting the Turks. If indeed that [State Department] official was working with the Turks to violate US law on nuclear exports, it would have been in his interest to alert them to the fact that this woman’s company was affiliated to the CIA. I don’t know if that’s treason legally but many people would consider it to be.” [Sunday Times (London), 1/27/2008]
Official Said to be Marc Grossman - The high-ranking State Department official who is not named in the Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and Giraldi, writing in the American Conservative. [Raw Story, 1/20/2008; American Conservative, 1/28/2008]

Entity Tags: Sibel Edmonds, Valerie Plame Wilson, Philip Giraldi, US Department of State, Pakistan Directorate for Inter-Services Intelligence, Larisa Alexandrovna, Brewster Jennings & Associates, American-Turkish Council, Marc Grossman, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network, Niger Uranium and Plame Outing

NSA director Michael Hayden addresses the NSA in a global videoconference, saying that the NSA, like other government agencies, will have to do more to protect the country from further terrorist attacks. The challenge, he says, is to balance Americans’ security with civil liberties, “to keep America free by making Americans feel safe again.” Hayden will say in a 2006 speech reflecting on that videoconference (see January 23, 2006) that US citizens operate under misconceptions about the NSA’s capabilities—that while citizens believe the NSA has a global electronic surveillance network that can, and does, spy on citizens willy-nilly, in reality the NSA is understaffed and unprepared to handle the technological advances of the last decade. Hayden will say that with more extensive domestic surveillance of US citizens and foreign visitors, the NSA could have caught some of the 9/11 hijackers before they were able to put their plan into motion. The standards by which US citizens and foreign visitors are monitored must change, Hayden believes.
Expansion of NSA Surveillance Powers - Using Ronald Reagan’s 1981 executive order 12333 (see December 4, 1981), Hayden expands the NSA’s domestic surveillance practices to eavesdrop, sometimes without court approval, on selected international calls made by US citizens. Though Hayden’s expansion of NSA surveillance is not directly authorized by President Bush, and is not the same program as authorized by Bush’s secret executive order of 2002 (see Early 2002), Hayden will later say that this expansion is based on the intelligence community’s assessment “of a serious and continuing threat to the homeland.” Hayden’s program is reviewed and approved by lawyers at the NSA, the Justice Department, and the White House, as well as Attorney General John Ashcroft. [Michael Hayden, 1/23/2006]
Domestic Surveillance Began Before 9/11? - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, US Department of Justice, National Security Agency, John Ashcroft, George W. Bush, Bush administration (43), Ronald Reagan, Michael Hayden

Timeline Tags: Civil Liberties

NSA Director Michael Hayden briefs the House Intelligence Committee on the NSA’s efforts to combat terrorism. Though the NSA is already working on a domestic wiretapping program to spy, without warrants, on US citizens (see Early 2002), Hayden does not mention the program to the committee members, but merely discusses the ramifications of President Reagan’s Executive Order 12333 (see December 4, 1981 and September 13, 2001) on NSA functions. He does not mention that Reagan’s executive order forbids warrantless surveillance of US citizens “unless the Attorney General has determined in each case that there is probable cause to believe that the technique is directed against a foreign power or an agent of a foreign power.” On October 11, committee member Nancy Pelosi (D-CA) will write to Hayden expressing her concerns about the warrantless nature of the NSA wiretaps (see October 11, 2001). [Washington Post, 1/4/2006]

Entity Tags: National Security Agency, House Intelligence Committee, Michael Hayden, Nancy Pelosi, Terrorist Surveillance Program, Ronald Reagan

Timeline Tags: Civil Liberties

Melek Can Dickerson begins working for the FBI as a Turkish translator with top security clearance. She joins Sibel Edmonds and Kevin Taskasen (see September 20, 2001 and Early October 2001, respectively) as the FBI’s only Turkish translators. The FBI hired Dickerson without verifying that the information she provided on her application was correct. Had the bureau done this they would have learned that she spent two years working as an intern for the American-Turkish Council (ATC), a group that is being investigated by the FBI’s own counterintelligence unit and whose phone calls she will be listening in on as an FBI translator. [Anti-War (.com), 7/1/2004] On her application, Dickerson failed to disclose that she had worked for the organization. She also hid her tie to the group when she was interviewed as part of her background security check. [Vanity Fair, 9/2005] According to Sibel Edmonds, it’s not clear that Dickerson’s background check was ever completed. [Anti-War (.com), 7/1/2004]

Entity Tags: Federal Bureau of Investigation, Melek Can Dickerson

Timeline Tags: Complete 911 Timeline

John Yoo, a lawyer with the Justice Department’s Office of Legal Counsel (OLC), writes a legal opinion that claims the attorney general, under Executive Order 12333 (see December 4, 1981), can grant the deputy attorney general the legal authority to approve the use of surveillance techniques for which a warrant would be required for law enforcement purposes. [US Department of Justice, 11/5/2001; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Chicago FBI special agent Joel Robertz contacts FBI contract linguist Sibel Edmonds and asks her to review more than 40 wiretaps, some of which are several years old. The wiretaps include what Sibel believes are references to large scale drug shipments and other crimes. The targets of these recordings are individuals at Chicago’s Turkish Consulate and the American-Turkish Consulate, as well as members of the American-Turkish Council and the Assembly of Turkish American Associations. She also finds evidence of attempts to bribe members of Congress, both Republican and Democrat, during the late 1990s (see Late 1990s-Early 2001). [Anti-War (.com), 8/15/2005; Vanity Fair, 9/2005]

Entity Tags: Sibel Edmonds, Assembly of Turkish American Associations, American-Turkish Council, Turkish Consulate of Chicago, Joel Robertz, American-Turkish Consulate

Timeline Tags: Complete 911 Timeline

Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place.Matthew Edmonds sitting in the kitchen where he and his wife Sibel claim their encounter with the Dickersons took place. [Source: Canal+]FBI translator Sibel Edmonds receives a call from co-worker Melek Can Dickerson, whom she barely knows. Dickerson says she and her husband Major Douglas Dickerson are in the area and would like to stop by for a visit. [Vanity Fair, 9/2005] Douglas is a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern governments. [Anti-War (.com), 8/15/2005] “I’m in the area with my husband and I’d love you to meet him. Is it OK if we come by?” Edmonds recalls Dickerson saying. When the couple arrives, Douglas Dickerson encourages Edmonds and her husband Matthew Edmonds to join the American-Turkish Council (ATC) and the Assembly of Turkish American Associations (ATAA). Joining the organizations would get them tied in with a network of high-level people, including officials at the Turkish Embassy. When Sibel’s husband Michael suggests that there are probably strict eligibility requirements for becoming a member of this organization, Douglas says to Sibel, “All you have to do is tell them who you work for and what you do and you will get in very quickly.” Sibel attempts to steer the conversation toward another topic. As part of her job at the FBI, some of the wiretapped conversations she translates involve the very same people the Dickersons are describing as “high-level friends.” She is concerned that the ultimate goal of the Dickersons’ offer is to get Sibel involved in espionage and to help shield those groups from FBI surveillance. [Washington Post, 6/19/2002; CBS News, 10/25/2002; New York Observer, 1/22/2004; Vanity Fair, 9/2005] Major Dickerson brings up the name of a wealthy Turkish man living in nearby McLean, Virginia, who is involved with the ATC and has access to US military information. Sibel Edmonds is surprised because she recognizes his name from an investigation she is working on and knows that he is the target of an FBI counterintelligence operation. The Dickersons intimate that they are so close to this man that they shop for him and his wife. [Sperry, 2005, pp. 163] “They wanted to sell me for the information I could provide,” she later explains in an interview. They promised her she would receive enough to “live a very comfortable life wherever we wanted. We would never have to work again.” [Anti-War (.com), 7/1/2004]

Entity Tags: Matthew Edmonds, Douglas Dickerson, Assembly of Turkish American Associations, Melek Can Dickerson, Sibel Edmonds, American-Turkish Council

Timeline Tags: Complete 911 Timeline

The conservative National Review publishes an op-ed article by Sam Dealy titled “A Very, Very Bad Bunch,” commenting on the Iranian opposition group known as People’s Mujahedeen of Iran (MEK) and “its surprising American friends.” Dealy’s piece is an attack on Congresspersons who support the MEK despite the exile group’s past history of anti-Americanism (see 1970s and November 4, 1979-January 20, 1981). “How has a terrorist group managed to win the support of mainstream US politicians?” he asks. “Simple: Its political representatives in the US have worked hard to repackage the group as a legitimate dissident organization fighting for democracy in Iran—by whitewashing its record and duping our leaders.” Dealy emphasizes that the group’s initial ideological underpinning had been influenced by the likes of Marx, Ho Chi Minh, and Che Guevara, whose ideas the MEK attempted to apply to Shiite society. [National Review, 3/25/2002]

Entity Tags: People’s Mujahedin of Iran, Sam Dealy

Timeline Tags: US confrontation with Iran

The White House publishes a 26-page government white paper titled, “A Decade of Deception and Defiance,” which seeks to demonstrate that Saddam Hussein represents a serious and imminent threat to the United States. The report, written by White House Iraq Group member James Wilkinson, relies primarily on public sources, including reports that have been published by human rights groups and the State Department, as well as various newspaper articles, including two by the New York Times. [Isikoff and Corn, 2006, pp. 48] Section 5 of the report deals with “Saddam Hussein’s support for international terrorism,” though it makes no attempt to tie Hussein’s government to al-Qaeda or Osama bin Laden. It lists six points linking Saddam Hussein to terrorist activities, some dating as far back as the ‘70s. One of the points criticizes Iraq for its ties to the Mujahadeen-e Khalq Organization (MKO), an obscure militant Iranian dissident group whose main office is in Baghdad. The report says: “Iraq shelters terrorist groups including the Mujahedin-e-Khalq Organization (MKO), which has used terrorist violence against Iran and in the 1970s was responsible for killing several US military personnel and US civilians.” The paper notes that the US State Department classified MKO as a “foreign terrorist organization” in 1997, “accusing the Baghdad-based group of a long series of bombings, guerilla cross-border raids and targeted assassinations of Iranian leaders.” [Newsweek, 9/26/2002 Sources: Richard Durbin] The administration is quickly ridiculed for making the claim when, two weeks later, Newsweek reports that MKO’s front organization, the National Council of Resistance of Iran, has a small office in the National Press Building in Washington, DC. It is also reported that only two years beforehand this very group had been supported by then-Senator John Ashcroft and more than 200 other members of Congress. On several issues the senator and his colleagues had expressed solidarity with MKO at the behest of their Iranian-American constituencies. [Newsweek, 9/26/2002] Another allegation included in the paper states that Iraqi defector Adnan Ihsan Saeed al-Haideri, a civil engineer, “had visited twenty secret facilities for chemical, biological, and nuclear weapons.” According to the White House dossier, Haideri “supported his claims with stacks of Iraqi government contracts, complete with technical specifications.” Ten months earlier, the CIA had debriefed Haideri in Bangkok and concluded from the results of a polygraph that Haideri account was a complete fabrication (see December 17, 2001). [Executive Office of the President, 9/12/2002 pdf file]

Entity Tags: White House Iraq Group, Adnan Ihsan Saeed al-Haideri, Osama bin Laden, US Congress, John Ashcroft, James R. Wilkinson, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

Representative Ileana Ros-Lehtinen (R-FL) defends her support for the Mujahedeen-e Khalq (MEK) (see October 2002), a militant Iranian opposition group that has been included in the US State Department’s list of foreign terrorist organizations since 1997 (see 1997). “This group loves the United States” and they are “assisting us in the war on terrorism; they’re pro-US,” she says. “This group has not been fighting against the US. It’s simply not true.” Regarding the group’s past history, which has included lethal attacks against US citizens, collusion with Saddam Hussein, and terrorist attacks against Iran, she says that they are “past history,” asserting that they have “no bearing on what is going on right now in the field.” Ros-Lehtinen further says that there is “wide support” in Congress for the group and that the MEK will be “one of the leading groups in establishing a secular government in Iran.” Ros-Lehtinen currently chairs the House International Relations Committee’s Central Asia and Middle East Subcommittee. [Hill, 4/8/2003]

Entity Tags: Ileana Ros-Lehtinen, People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran

Robert Novak.Robert Novak. [Source: MediaBistro (.com)]Conservative columnist Robert Novak, after being told by Deputy Secretary of State Richard Armitage and White House political guru Karl Rove that Valerie Plame Wilson is a CIA officer (see July 8, 2003), writes a syndicated op-ed column that publicly names her as a CIA officer. The column is an attempt to defend the administration from charges that it deliberately cited forged documents as “evidence” that Iraq had tried to purchase uranium from Niger (see July 6, 2003). It is also an attempt to discredit Joseph Wilson, Plame Wilson’s husband, who had gone to Niger at the behest of the CIA to find out whether the Iraq-Niger story was true (see 11:00 a.m. July 11, 2003). Novak characterizes Wilson’s findings—that an Iraqi deal for Nigerien uranium was highly unlikely—as “less than definitive,” and writes that neither CIA Director George Tenet nor President Bush were aware of Wilson’s report before the president’s 2003 State of the Union address where he stated that Iraq had indeed tried to purchase uranium from Niger (see 9:01 pm January 28, 2003). Novak writes: “Wilson never worked for the CIA, but his wife, Valerie Plame, is an agency operative on weapons of mass destruction. Two senior administration officials [Armitage and Rove, though Novak does not name them] told me that Wilson’s wife suggested sending him to Niger to investigate the Italian report. The CIA says its counterproliferation officials selected Wilson and asked his wife to contact him. ‘I will not answer any question about my wife,’ Wilson told me.” Wilson’s July 6 op-ed challenging the administration’s claims (see July 6, 2003) “ignite[d] the firestorm,” Novak writes. [Town Hall (.com), 7/14/2003; Unger, 2007, pp. 312-313] Novak also uses the intelligence term “agency operative,” identifying her as a covert agent and indicating that he is aware of her covert status. Later, though, Novak will claim that he came up with the identifying phrase independently, and did not know of her covert status. [American Prospect, 7/19/2005]
Asked Not to Print Plame Wilson's Name - Novak will later acknowledge being asked by a CIA official not to print Plame Wilson’s name “for security reasons.” Intelligence officials will say they thought Novak understood there were larger reasons than Plame Wilson’s personal security not to publish her name. Novak will say that he did not consider the request strong enough to follow (see September 27, 2003 and October 1, 2003). [Washington Post, 9/28/2003] He will later reveal the CIA official as being agency spokesman Bill Harlow, who asked him not to reveal Plame’s identity because while “she probably never again will be given a foreign assignment… exposure of her agency identity might cause ‘difficulties’ if she travels abroad.” In 2008, current White House press secretary Scott McClellan will write: “This struck Novak as an inadequate reason to withhold relevant information from the public. Novak defended his actions by asserting that Harlow had not suggested that Plame or anybody else would be endangered, and that he learned Plame’s name (though not her undercover identity) from her husband’s entry in the well-known reference book Who’s Who in America.” [McClellan, 2008, pp. 173-174] McClellan will note, “Whether war, smear job, or PR offensive gone haywire, the CIA took the leak of Plame’s name very seriously.” [McClellan, 2008, pp. 174]
Plame Wilson Stricken - According to Wilson’s book The Politics of Truth, his wife’s first reaction is disbelief at Novak’s casual destruction of her CIA career. “Twenty years of loyal service down the drain, and for what?” she asks. She then makes a checklist to begin assessing and controlling the damage done to her work. She is even more appalled after totalling up the damage. Not only are the lives of herself and her family now endangered, but so are those of the people with whom she has worked for 20 years (see July 14, 2003). [New York Times, 5/12/2004] In 2005, Joseph Wilson will tell a reporter: “[Y]ou can assume that even if 150 people read the Novak article when it appeared, 148 of them would have been the heads of intelligence sections at embassies here in Washington and by noon that day they would have faxing her name or telexing her name back to their home offices and running checks on her: whether she had ever been in the country, who she may have been in contact with, etc.” [Raw Story, 7/13/2005]
Intimidation of Other Whistle-Blowers? - In 2007, author Craig Unger will write: “The implication from the administration was that the CIA’s selection of Wilson was somehow twisted because his wife was at the CIA. But, more importantly, the administration had put out a message to any and all potential whistle-blowers: if you dare speak out, we will strike back. To that end, the cover of Valerie Plame Wilson, a CIA operative specializing in WMD, had been blown by a White House that was supposedly orchestrating a worldwide war against terror.” [Unger, 2007, pp. 312-313]
Outing about Iraq, Not Niger, Author Says - In 2006, author and media critic Frank Rich will write: “The leak case was about Iraq, not Niger. The political stakes were high only because the scandal was about the unmasking of an ill-conceived war, not the unmasking of a CIA operative who posed for Vanity Fair. The real victims were the American people, not the Wilsons. The real culprits—the big enchilada, in John Ehrlichman’s Nixon White House lingo—were not the leakers but those who provoked a war in Iraq for their own motives and in so doing diverted finite resources, human and otherwise, from the fight against those who did attack America on 9/11, and had since regrouped to deadly effect.… Without Iraq, there never would have been a smear campaign against an obscure diplomat or the bungled cover-up [that followed]. While the Bush White House’s dirty tricks, like [former President] Nixon’s, were prompted in part by a ruthless desire to crush the political competition at any cost, this administration had upped the ante by playing dirty tricks with war.” [Rich, 2006, pp. 184]
Elevating Profile of Controversy - In 2008, McClellan will write, “By revealing Plame’s status, Novak inadvertently elevated the Niger controversy into a full-blown scandal.” [McClellan, 2008, pp. 173]

Entity Tags: Scott McClellan, Robert Novak, Valerie Plame Wilson, Richard Armitage, George J. Tenet, Joseph C. Wilson, Bill Harlow, Bush administration (43), Karl C. Rove, Central Intelligence Agency, Frank Rich, George W. Bush, Craig Unger

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The Bush administration reverses a long-standing policy requiring FBI agents to destroy their files on innocent US citizens, residents, and companies after investigations are closed. This information is now being put in government data banks to be shared with other agencies. [Washington Post, 11/6/2005]

Entity Tags: Federal Bureau of Investigation, Bush administration (43)

Timeline Tags: Civil Liberties

The Bush administration reverses a long-standing policy requiring FBI agents to destroy their files on innocent US citizens, residents, and companies after investigations are closed. Such information has since commonly been put in government data banks and shared with other agencies. [Washington Post, 11/6/2005]

Entity Tags: Federal Bureau of Investigation, Bush administration (43)

Timeline Tags: Complete 911 Timeline

The FBI begins compiling a database of information about US citizens (see October 25, 2005). The database, ordered by Attorney General John Ashcroft, uses as one of its primary sources information gleaned through so-called “National Security Letters,” or NSLs, which are documents ordering US citizens to reveal private information about their clients, relatives, or employees. Ashcroft overrides a 1995 guideline that mandates the destruction of such information obtained through NSLs if it proves “not relevant to the purposes for which it was collected.” Ashcroft orders the FBI to compile the information in its database, and even tells the agency that it can freely share that information with other government agencies if it desires. Ashcroft also orders the FBI to develop “data mining” technology to probe for “hidden links” among the citizens in its growing cache of electronic data. The FBI complies, using the same technology used by the CIA, which itself is barred from keeping such files on US citizens. Ashcroft extends the mandate even further, allowing the FBI to compile consumer data from private data-collection firms such as ChoicePoint and LexisNexis, though Ashcroft’s predecessors had ruled that compiling such data would violate citizens’ constitutional rights to privacy. Soon, FBI field offices will have access to ChoicePoiint databases in their squad rooms. Adding this commercially provided data to the NSL-based data gleaned by the FBI, and the FBI will soon have a wealth of data on hundreds of thousands of US citizens never accused of a crime. Former Republican congressman Bob Barr, and many others, strenuously object to the practice, but their concerns are largely ignored. [Washington Post, 11/6/2005]

Entity Tags: Robert “Bob” Barr, LexisNexis, Federal Bureau of Investigation, National Security Letters, John Ashcroft, ChoicePoint

Timeline Tags: Civil Liberties

After a 16-month review by the US State Department and the Federal Bureau of Investigation, the Bush administration says it has found no basis to charge any of the 3,800 Mujahedeen-e Khalq (MEK) fighters held in custody by the US at Camp Ashraf with violations of American law. The decision is made in spite of the group’s long history of collusion with Saddam Hussein. MEK fought alongside Iraqi forces against Iran during the 1980s (see December 2003) and helped Saddam’s internal security forces brutally put down the 1991 Shia uprisings (see 1991). The organization was also responsible for a number of American deaths during the 1970s (see 1970s) and has been listed on the State Department’s list of “foreign terrorist organizations” since 1997 (see 1997). “A member of a terrorist organization is not necessarily a terrorist,” a senior American official explains. “To take action against somebody, you have to demonstrate that they have done something.” [New York Times, 7/27/2004; Christian Science Monitor, 7/29/2004]

Entity Tags: People’s Mujahedin of Iran, Bush administration (43), US Department of State, Federal Bureau of Investigation

Timeline Tags: US confrontation with Iran

Maj. Gen. Geoffrey D. Miller, the deputy commanding general in Iraq, says in a memorandum that the US has designated members of the Mujahedeen-e Khalq (MEK) as “protected persons.” According to the Fourth Geneva Convention, people who are designated as “protected” cannot be punished collectively or forced to leave an occupied country. The members were afforded the new status only after signing an agreement rejecting violence and terrorism, the memo says. [New York Times, 7/27/2004; Christian Science Monitor, 7/29/2004] The memorandum angers Tehran. “We already knew that America was not serious in fighting terrorism,” Iran’s foreign ministry spokesman Hamid Reza Asefi says, adding that by affording MEK fighters the new status, the US has created a new category of “good terrorists.” “The American resort to the Geneva Conventions to support the terrorist hypocrites [MKO] is naive and unacceptable,” he says. Despite the members’ new status and despite having been cleared of any wrongdoing, the US military and the MEK leadership do not allow any of the group’s members to leave Camp Ashraf. Several of the members say they were lured into joining the group with false promises and now want to return home to Iran. The MEK has been called cult-like (see January 2005) and its leadership compared to Stalin by former members of the group. [Christian Science Monitor, 12/31/2003; Christian Science Monitor, 7/29/2004]

Entity Tags: People’s Mujahedin of Iran, Hamid Reza Asefi, Geoffrey D. Miller, Geneva Conventions

Timeline Tags: US confrontation with Iran

The US sends teams of US-trained former Iranian exiles, sometimes accompanied by US Special Forces, from Iraq into southern and eastern Iran to search for underground nuclear installations. [New Yorker, 1/24/2005; United Press International, 1/26/2005; Guardian, 1/29/2005] In the north, Israeli-trained Kurds from northern Iraq, occasionally assisted by US forces, look for signs of nuclear activity as well. [United Press International, 1/26/2005] Both teams are tasked with planting remote detection devices, known as “sniffers,” which can sense radioactive emissions and other indicators of nuclear-enrichment programs while also helping US war planners establish targets. [New Yorker, 1/24/2005; United Press International, 1/26/2005] The former Iranian exiles operating in the south and east are members of Mujahedeen-e Khalq (MEK), a group that has been included in the State Department’s list of foreign terrorist organizations since 1997 (see 1997) and included in a government white paper (see September 12, 2002) that criticized Iraq for its support of the group. After the US invaded Iraq, members of MEK were “consolidated, detained, disarmed, and screened for any past terrorist acts” by the US (see July 2004) and designated as “protected persons.” (see July 21, 2004) Initially, the MEK operate from Camp Habib in Basra, but they later launch their incursions from the Baluchi region in Pakistan. [United Press International, 1/26/2005; Newsweek, 2/15/2005] They are assisted by information from Pakistani scientists and technicians who have knowledge of Iran’s nuclear program. [New Yorker, 1/24/2005] Pakistan apparently agreed to cooperate with the US in exchange for assurances that Pakistan would not have to turn over A. Q. Khan, the so-called “father of Pakistan’s nuclear bomb,” to the IAEA or to any other international authorities for questioning. Khan, who is “linked to a vast consortium of nuclear black-market activities,” could potentially be of great assistance to these agencies in their efforts to undermine nuclear weapons proliferation. [New Yorker, 1/24/2005] In addition to allowing Pakistan to keep Khan, the US looks the other way as Pakistan continues to buy parts for its nuclear-weapons arsenal in the black market, according to a former high-level Pakistani diplomat interviewed by Seymour Hersh [New Yorker, 1/24/2005] The United States’ use of MEK is criticized by Western diplomats and analysts who agree with many Iranians who consider the group to be traitors because they fought alongside Iraqi troops against Iran in the 1980s. [Christian Science Monitor, 12/31/2003]

Entity Tags: Abdul Qadeer Khan, Bush administration (43), People’s Mujahedin of Iran

Timeline Tags: US confrontation with Iran, Iraq under US Occupation, A. Q. Khan's Nuclear Network

The FBI office in New Haven, Connecticut receives an e-mail that looks like a terrorist threat. The agents there follow the normal routine: they ask the service provider, a group of Connecticut public libraries, for the real name, street address, and Internet logs of the sender. The agents have no search warrant, grand jury subpoena, or court order. What they do have is a National Security Letter (NSL) that describes the records needed. According to the expanded USA Patriot Act, the NSL is all the FBI needs, and the NSL statute bars the librarians from disclosing the request to anyone. The librarians will refuse to hand over the information, and will file a federal lawsuit challenging the NSL as an unconstitutional infringement on free speech (see July 13, 2005). The e-mailed threat will turn out to be a hoax. Kevin O’Connor, the US attorney in Connecticut, later says the FBI suspected that the threat was a hoax from the outset, but believed they had an “obligation” to pursue it. “We weren’t tying up librarians or reading through books,” he will say. “All we wanted was identifying information. God forbid it isn’t a hoax.” The librarians who challenge the NSL, however, feel differently. George Christian, the point man in the librarians’ legal challenge, will say, “The idea that the government can secretly investigate what the public is informing itself about is chilling.” A judge will strike down the NSL gag order, allowing Christian and his three colleagues (by now dubbed the “Connecticut Four” by the media) to disclose the fact that they had received an NSL, with a judge calling the NSL gag order “antithetical to democratic concepts”. In April 2006, the government will drop its NSL request (see August 2005-May 2006). Christian will be unmollified. “The fact that I can speak now is a little like being permitted to call the Fire Department only after a building has burned to the ground,” he will say. [USA Today, 7/6/2006]

Entity Tags: Connecticut Four, American Civil Liberties Union, Central Intelligence Agency, Defense Intelligence Agency, Federal Bureau of Investigation, Kevin O’Connor, National Security Letters, USA Patriot Act, Foreign Intelligence Surveillance Court

Timeline Tags: Civil Liberties

George Christian.George Christian. [Source: PBS]Librarian and data manager George Christian is served with a so-called “National Security Letter” (NSL) from the FBI demanding that his firm turn over private information on its patrons because of an apparent terrorist threat e-mailed from one of his libraries (see February 2005). Christian is the executive director of Library Connection, Inc., which manages catalog information, patron records, and circulation information for 27 libraries in and around Hartford, Connecticut, as well as providing telecommunications services to many of its member libraries. Christian is given the NSL, as well as a gag order preventing them from ever mentioning their receipt of the letter, or any details surrounding it. Christian is notified of the letter five days before actually receiving it; he spends those days frantically learning more about NSLs and the laws surrounding them (see October 25, 2005). He learns that a district court in New York had found the entire NSL statute unconstitutional because of what Christian calls “prima facie violations of the 1st, 4th and 5th amendments.” By the time they receive the letter, he has decided to oppose it. The letter, delivered by two FBI agents, orders Christian and Library Connection to turn over information about a specific IP address registered to the firm. One of the agents warns Christian that the gag order prohibits anyone in the firm from telling anyone that the FBI is attempting to secure information from its library business records. Christian, who will testify before the Senate Judiciary Committee about the NSL in April 2007 (see April 11, 2007), says neither he nor his colleagues could “fathom any ‘exigent’ nature for the FBI request.” The letter was dated May 19, nearly two months before its delivery, was not addressed to Christian, and requested information from the use of the IP address five months earlier, February 15. Christian later says that while he and his colleagues want to assist the FBI in any way they can, and have no desire to “impede the investigation of a perilous situation that endanger[s] my country or my fellow citizens,” because of the date of the letter and the IP usage, they conclude that the FBI has not been in any rush to get the information. Christian tells the FBI agents that he believes the use of NSLs is unconstitutional and that he will consult his attorney. Library Connection’s attorney says that the only way to contest compliance with an NSL is to take the Attorney General, Alberto Gonzales, to court. Christian is understandably reluctant to involve his firm in such a court challenge without authorization, and takes the case to the Executive Committee of the firm’s board of directors. The three members, Barbara Bailey, Peter Chase, and Janet Nocek (who will soon be dubbed the “Connecticut Four” by the media), after conferring with the attorney and reviewing the New York court’s decision against NSLs, decide to go forward with the complaint. They secure representation from the American Civil Liberties Union (ACLU). Together, they decide to ask for relief from the NSL, to seek a broader ruling that the use of NSLs is unconstitutional, and to have the gag order lifted so they can publicly discuss the incident as “part of the national debate over renewal of the Patriot Act” (see March 9, 2006). Christian will tell the Senate Judiciary Committee, “We… felt we were defending our democracy by insisting that the checks and balances established in the Constitution be observed. We had no court order, and there was no evidence that an independent judge had examined the FBI’s evidence and found there to be probable cause justifying their request for information.… [W]e did not want to aid terrorists or criminals.… But we did not feel we would be helping the country or making anyone safer by throwing out the Constitution either.” Because of the way the computer system is set up, to give the FBI the information about the specific IP address and usage it required, Christian would have to give the FBI information about everyone using every computer in the particular library on the day in question. He later says, “[S]ince there was no way of determining who was using the computers in the library five months after the fact, we felt that [the FBI wanted] information we had on all the patrons of that library. That seemed like a rather sweeping request. Some would call it a fishing expedition.” The case goes to trial in August 2005 (see August 2005-May 2006). [Senate Judiciary Committee, 4/11/2007] It is later learned that the original e-mailed threat is a hoax. [USA Today, 7/6/2006]

Entity Tags: Peter Chase, National Security Letters, Senate Judiciary Committee, Library Connection, Inc., Barbara Bailey, George Christian, American Civil Liberties Union, Janet Nocek, Alberto R. Gonzales, Federal Bureau of Investigation, Connecticut Four

Timeline Tags: Civil Liberties

The Connecticut Four, from left to right: Janet Nocek, Peter Chase, George Christian, and Barbara Bailey.The Connecticut Four, from left to right: Janet Nocek, Peter Chase, George Christian, and Barbara Bailey. [Source: Robert Deutsch/ USA Today]A case filed against Attorney General Alberto Gonzales by four plaintiffs from Connecticut’s Library Connection, Inc.—George Christian, Barbara Bailey, Peter Chase, and Janet Nocek—goes to trial in federal district court (see July 13, 2005). The trial is filed as Doe v. Gonzales because the government has filed a gag order against the plaintiffs forbidding them from identifying themselves or discussing the case publicly. The case involves a demand for information from the FBI for information concerning library usage by patrons of a Connecticut library; the four plaintiffs, on behalf of their data management firm Library Connection, have refused. The case revolves around the use of a National Security Letter (NSL) by the FBI; the plaintiffs, with support from the American Civil Liberties Union, want the NSL voided, the gag order lifted, and such use of NSLs found unconstitutional. Christian and his three colleagues are not allowed to attend the hearings in person because of the possibility that they might be identified as the plaintiffs; they are forced to watch the proceedings on a closed-circuit broadcast from a locked room in the Hartford courthouse. When the judge in the proceeding asks to review the government’s evidence for keeping the gag rule in place, Justice Department lawyers insist on submitting secret evidence directly to the judge, without providing that evidence to the plaintiff’s lawyers. The judge is not pleased, and rules, as did her predecessor in New York, that a perpetual gag order amounts to prior restraint, and thereby is unconstitutional. She adds that her review of the secret evidence gives no national security rationale for keeping the plaintiffs gagged. The Justice Department immediately appeals the ruling, and the plaintiffs stay silent and gagged. While the four plaintiffs remain silent about the NSL and the court case, the Justice Department’s primary lawyer, Kevin O’Conner, does not: O’Conner has frequently debated one of the plaintiffs, Chase, about the Patriot Act, and though Chase is now required to remain silent, O’Conner continues to make frequent public appearances touting the Patriot Act. Christian later says, in 2007 testimony before the Senate Judiciary Committee (see April 11, 2007), that the continuing gag order causes the four “John Does” considerable professional and personal distress, especially after the national media begins reporting the story. The media eventually learns, through the careless redaction of information by government lawyers, of Chase’s identity as one of the four plaintiffs, and reveals that Library Connection is the firm involved in the lawsuit. Christian’s name comes to light shortly thereafter. The attorneys warn Christian and the others that even though their identities and their firm have been revealed, they still cannot comment at all on the case. Christian, for one, wants to testify before Congress in regards to the upcoming reauthorization of the Patriot Act (see March 9, 2006), but cannot. The four plaintiffs quickly become known in the media as the “Connecticut John Does” or the “Connecticut Four.”
Appeals Court - In November 2005, a New York court of appeals hears the case. Christian and his colleagues are allowed to be present at the case this time, but are required to conceal their identities by entering and leaving the court building separately, are not allowed to sit together, and are not allowed to confer with, or even make eye contact with, each other or their attorneys. The Justice Department lawyers argue that even revealing themselves as recipients of a NSL would violate national security, an argument refuted by submission of the raft of news articles identifying Christian, Chase, and Library Connection. The government argues that those news reports don’t matter because no one in Connecticut reads the primary newspaper carrying the story, the New York Times, and that surveys prove that most people don’t believe what they read in the news anyway. The Justice Department also tries to get the news articles to be kept under seal in court papers. Christian characterizes the entire proceeding as “absurd.” The court refuses to admit the plaintiff’s claim that 48 states, including Connecticut, have laws protecting the privacy of library patrons, but does admit into evidence the claims by Gonzales that there is no statutory justification for claims of privacy. In an attempt to get the gag order lifted before the Patriot Act reauthorization, the plaintiff’s attorneys make an emergency appeal directly to the Supreme Court, but are rebuffed. [Senate Judiciary Committee, 4/11/2007] In June 2006, Nocek tells a reporter, “Imagine the government came to you with an order demanding that you compromise your professional and personal principles. Imagine then being permanently gagged from speaking to your friends, your family or your colleagues about this wrenching experience.… Under the Patriot Act, the FBI demanded Internet and library records without showing any evidence or suspicion of wrongdoing to a court of law. We were barred from speaking to anyone about the matter and we were even taking a risk by consulting with lawyers.” [Interview: George Christian, 6/2/2006]
Gag Order Lifted, Case Dropped - Weeks after President Bush signs into law the Patriot Act reauthorization (see March 9, 2006), the FBI voluntarily lifts the gag order without waiting for a court order. The agency then tries to get the original ruling against the gag order vacated, an attempt that the appeals court refuses. The appellate judges are clearly disturbed by the breadth of the NSL gag provisions; one appellate judge writes, “A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens… Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence.” The appeals court refers the case back to district court, allowing the original opinion to stand. Weeks later, the FBI withdraws its NSL, saying that it no longer needs the information it originally requested. Christian later testifies, “In doing so, they removed the Patriot Act from the danger of court review.” Christian later says that he believes the entire procedure was managed as an attempt to prevent the case from becoming public knowledge before Congress could vote on the reauthorization of the Patriot Act. [Senate Judiciary Committee, 4/11/2007]

Entity Tags: Peter Chase, Senate Judiciary Committee, National Security Letters, US Department of Justice, Library Connection, Inc., George Christian, George W. Bush, American Civil Liberties Union, Barbara Bailey, Connecticut Four, Alberto R. Gonzales, Federal Bureau of Investigation, Kevin O’Conner

Timeline Tags: Civil Liberties

President Bush signs Executive Order 13388, which dramatically expands the powers of the US government to monitor and collect data on US citizens. [Executive Order 13388 of October 25, 2005, 10/25/2005] The order augments the power of “National Security Letters,” authorized in 1981 by then-President Ronald Reagan (see December 4, 1981), but rarely used against US citizens until the advent of the Bush administration and the USA Patriot Act. Thanks to the order, the data files are even more accessible to what the order calls “state, local, and tribal” governments as well as the undefined “appropriate private sector entities,” presumably private data-mining corporations that collect personal and financial data on US citizens for the government.
Over 30,000 NSLs a Year - The FBI now issues over 30,000 NSLs a year, a hundredfold increase from earlier administration usages. NSLs are issued by FBI field supervisors at their discretion without court warrant or oversight by the judiciary or Congress. NSLs force their recipients—librarians, booksellers, employers, Internet providers, and others—to turn over any and all personal data on their customers and employees and are legally required not to tell the targets of the investigations about the letters or the data collection. An FBI supervisor can, without oversight or reasonable suspicion of terrorist activity, collect data on what a citizen makes, spends, invests, gambles, reads in books and on the Internet, buys online, and with whom that citizen lives, works, associates, telephones, and exchanges e-mails. Senior FBI officials admit that the huge spike in NSLs stems from the FBI’s new authority to collect tremendous amounts of data on US citizens not accused of criminal activities. And NSLs are now used to generate leads against terrorist suspects and not merely pursue them.
NSLs Handled With Discretion, Officials Insist - FBI and White House officials insist that NSLs are handled with discretion and with a recognizance of Americans’ right to privacy. Joseph Billy Jr, the FBI’s deputy director for counterterrorism, says he understand that “merely being in a government or FBI database… gives everybody, you know, neck hair standing up.” But innocent Americans “should take comfort at least knowing that it is done under a great deal of investigative care, oversight, within the parameters of the law.” [Washington Post, 11/6/2005]

Entity Tags: US Department of Justice, Bush administration (43), USA Patriot Act, Federal Bureau of Investigation, National Security Letters, George W. Bush

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Bush signs the USA Patriot Improvement and Reauthorization Act of 2005 into law. The bill, which extends and modifies the original USA Patriot Act (see October 26, 2001), was driven through Congress primarily by the Republican majorities in both Houses. However, Senator Dianne Feinstein (D-CA) cosponsored the Senate bill, numerous Democrats in both Houses voted with the Republicans in favor of the bill, and the final bill sailed through the Senate by an 89-10 vote on March 2. [GovTrack, 3/9/2006; Library of Congress, 3/9/2006] In the signing ceremony, Bush calls the Reauthorization Act “a really important piece of legislation… that’s vital to win the war on terror and to protect the American people.” He repeatedly evokes the 9/11 attacks as a reason why the new law is needed. [Government Printing Office, 3/9/2006]
Provisions for Oversight Added - One of the reasons why the reauthorization bill received such support from Congressional moderates on both sides of the aisle is because Congress added numerous provisions for judicial and Congressional oversight of how government and law enforcement agencies conduct investigations, especially against US citizens. Representative Butch Otter (R-ID) said in 2004 that Congress came “a long way in two years, and we’ve really brought an awareness to the Patriot Act and its overreaches that we gave to law enforcement.” He adds, “We’ve also quieted any idea of Patriot II, even though they snuck some of Patriot II in on the intelligence bill” (see February 7, 2003). [Associated Press, 1/23/2004]
Opposition From Both Sides - Liberal and conservative organizations joined together in unprecedented cooperation to oppose several key provisions of the original reauthorization and expansion of the Patriot Act, including easing of restrictions on government and law enforcement agencies in obtaining financial records of individuals and businesses, “sneak-and-peek” searches without court warrants or the target’s knowledge, and its “overbroad” definition of the term “terrorist.” Additionally, lawmakers in Congress insisted on expiration dates for the various surveillance and wiretapping methodologies employed by the FBI and other law enforcement agencies (see Early 2002). [Associated Press, 5/23/2005] The final bill mandates that anyone subpoenaed for information regarding terrorist investigations has the right to challenge the requirement that they not reveal anything about the subpoena, those recipients will not be required to tell the FBI the name of their lawyer, and libraries that are not Internet service providers will not be subject to demands from “national security letters” for information about their patrons. Many of the bill’s provisions will expire in four years. [Christian Science Monitor, 3/3/2006]
Reauthorizing Original Provisions - The bill does reauthorize many expiring provisions of the original Patriot Act, including one that allows federal officials to obtain “tangible items,” such as business records from libraries and bookstores, in connection with foreign intelligence and international terrorism investigations. Port security provisions are strengthened, and restrictions on the sale of over-the-counter cold and allergy medicine that can be used in the illegal manufacture of methamphetamine are imposed, forcing individuals to register their purchases of such medicines and limiting the amounts they can buy. [CBS News, 3/9/2006]
Bush Signing Statement Says He Will Ignore Oversight Mandates - But when he signs the bill into law, Bush also issues a signing statement that says he has no intention of obeying mandates that enjoin the White House and the Justice Department to inform Congress about how the FBI is using its new powers under the bill. Bush writes that he is not bound to tell Congress how the new Patriot Act powers are being used, and in spite of what the law requires, he can and will withhold information if he decides that such disclosure may “impair foreign relations, national security, the deliberative process of the executive, or the performance of the executive’s constitutional duties.” [Statement on Signing the USA PATRIOT Improvement and Reauthorization Act, 3/9/2006; Boston Globe, 3/24/2006] Senator Patrick Leahy (D-VT) says that Bush’s assertion that he can ignore provisions of the law as he pleases, under the so-called “unitary executive” theory, are “nothing short of a radical effort to manipulate the constitutional separation of powers and evade accountability and responsibility for following the law.” Law professor David Golove says the statement is illustrative of the Bush administration’s “mind-bogglingly expansive conception” of executive power, and its low regard for legislative power. [Boston Globe, 3/24/2006] Author and legal expert Jennifer Van Bergen warns of Bush using this signing statement to avoid accountability about the NSA’s warrantless wiretapping program, writing: “[I]t is becoming clearer every day that Bush has no qualms about violating either international laws and obligations or domestic laws. The recent revelations about the secret NSA domestic surveillance program revealed Bush flagrantly violating the Foreign Intelligence Surveillance Act which was specifically enacted to prevent unchecked executive branch surveillance. … His signing statements, thus, are nothing short of an attempt to change the very face of our government and our country.” [Institute for Public Accuracy, 3/27/2006]
Request to Rescind Signing Statement - In late March, Democratic House members Jane Harman and John Conyers will write to Attorney General Alberto Gonzales requesting that the administration rescind the signing statement, writing: “As you know, ‘signing statements’ do not have the force of law. Legislation passed by both Houses and signed by the president does. As Article 1, Section 7, of the Constitution states: ‘Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it.’” Bush and Gonzales will ignore the request. [US House of Representatives, 3/29/2006]

Entity Tags: US Department of Justice, Domestic Security Enhancement Act of 2003, David Golove, Alberto R. Gonzales, Butch Otter, Dianne Feinstein, Patrick J. Leahy, USA Patriot Act, John Conyers, Federal Bureau of Investigation, National Security Agency, Foreign Intelligence Surveillance Act, Jennifer Van Bergen, Jane Harman, George W. Bush

Timeline Tags: Civil Liberties

The US is receiving false and misleading information about Iran’s nuclear capabilities from an Iranian dissident group labeled as a terrorist organization, says a former UN weapons inspector. The Mujahedeen-e Khalq, or MEK (see 1970s), is an exile group labeled by the US State Department as a terrorist organization, but embraced by many Washington neoconservatives, including a key group of White House officials operating inside Vice President Dick Cheney’s office and another working with Deputy Defense Secretary Paul Wolfowitz. David Albright, a former UN weapons inspector for the International Atomic Energy Agency (IAEA), says, “We should be very suspicious about what our leaders or the exile groups say about Iran’s nuclear capacity. There’s a drumbeat of allegations, but there’s not a whole lot of solid information. It may be that Iran has not made the decision to build nuclear weapons. We have to be very careful not to overstate the intelligence.” Albright says the information from MEK is somewhat more believable than the extravagantly false information provided by Ahmed Chalabi’s Iraq National Congress, which was used to bolster Bush administration allegations that Saddam Hussein’s Iraq posed a grave and imminent threat to world peace and US security (see (1994). In 2002, MEK provided critical information about Iran’s nuclear-enrichment complex at Natanz and a heavy-water production facility at Arak (see August 2002). It is unclear if Iran is pursuing a nuclear-weapons program; one UN official says of the information gleaned by the IAEA, “It’s a mixed bag.” Of MEK, he says, “The Mujahedeen Khalq appears to have some real sources inside Iran, but you can’t trust them all the time.” Iran has not been fully compliant with IAEA attempts to determine the nature and extent of its nuclear program. Nevertheless, some Congressional lawmakers say that, in light of the misinformation surrounding the claims of Iraq’s weapons programs, policy makers need to be doubly cautious about making claims and pursuing aggressive deterrence operations against Iran. Jane Harman, the ranking Democrat on the House Intelligence Committee, says, “In Iran, as well as North Korea, Syria, and so on, we need accurate, unbiased and timely intelligence. Iraq has shown that our intelligence products have a credibility problem and improvements are critically needed.” Iranian journalist Emadeddin Baghi, a columnist for the liberal Sharq newspaper who served two years in prison for criticizing the religious establishment, says that in Iran, skepticism runs deep. “Many Iranians instinctively disbelieve anything their own government says, but they also disbelieve the Americans, and what has happened in Iraq has strengthened that,” Baghi says. “Iranians see the failure to find weapons of mass destruction in Iraq, and they see the American accusations about nuclear weapons as just another pretext for other hidden aims.” [San Francisco Chronicle, 10/26/2006]

Entity Tags: Iraqi National Congress, David Albright, Bush administration (43), Ahmed Chalabi, Emadeddin Baghi, International Atomic Energy Agency, Jane Harman, Paul Wolfowitz, US Department of State, Richard (“Dick”) Cheney, Saddam Hussein, People’s Mujahedin of Iran, House Intelligence Committee

Timeline Tags: US confrontation with Iran

Suzanne Spaulding.Suzanne Spaulding. [Source: Bipartisan Security Group]Suzanne Spaulding, a national security expert with twenty years of experience in the CIA, on various Congressional oversight committees, and executive director of two separate commissions on terrorism and weapons of mass destruction, testifies before the Senate Judiciary Committee as part of that body’s hearings on the improper use of National Security Letters (NSLs) by the FBI (see October 25, 2005). Spaulding has spoken out before against the NSA’s wiretapping program (see December 25, 2005). She says that the nation’s law enforcement and intelligence agents need “the tools they need to do their job” and “clear guidance on just what it is that we want them to do on our behalf—and how we want them to do it. Clear rules and careful oversight provide essential protections for those on the front lines of our domestic counterterrorism efforts.” However, Spaulding testifies, “it appears both were lacking in the implementation of national security letter authorities.” Spaulding says that Congress should begin a much larger examination of domestic surveillance issues, saying, “The appropriateness of using FISA electronic surveillance to eavesdrop on Americans should be considered in light of other, less intrusive techniques that might be available to establish whether a phone number belongs to a suspected terrorist or the pizza delivery shop. It’s not the ‘all or nothing’ proposition often portrayed in some of the debates.” However, according to recent findings by the Justice Department’s Inspector General, Glenn A. Fine, “there is not sufficient guidance on how to apply that in the NSL context or in conjunction with other available collection techniques.” Therefore, there is a strong “need for a broader examination of domestic intelligence tools.”
Urges Congressional Review - Spaulding urges Congress “to undertake a comprehensive review of all domestic intelligence collection, not just by FBI but also by the other national security agencies engaged in domestic intelligence collection, including the Central Intelligence Agency, the Department of Defense, and the National Security Agency. A Joint Inquiry or Task Force could be established by the Senate leadership, with representation from the most relevant committees (Judiciary, Intelligence, Armed Services, and Homeland Security and Government Affairs), to carefully examine the nature of the threat inside the US and the most effective strategies for countering it. Then Congress, and the American public, can consider whether we have the appropriate institutional and legal framework for implementing those strategies with adequate safeguards and oversight.”
FBI's Expanded Powers Need Review - In addition, she testifies, the FBI’s expanded ability to use NSLs under the Patriot Act must be examined. Currently, the law seems to allow the FBI to use NSLs to obtain evidence pursuant to a FISA warrant, thus allowing “the government to get information about individuals who are not themselves the subject of an investigation”—“parties two or three steps removed from their subjects without determining if these contacts reveal suspicious connections,” Fine reported. Spaulding expands on Fine’s findings: “In fact, the most tenuous of connections would seem to suffice for this NSL standard. For example, it’s not clear why an ‘investigation to protect against international terrorism’ couldn’t justify demanding information about all residents of, say, Dearborn, Michigan [home to a large Arab-American community], so that you could run them through some logarithmic profile to identify ‘suspicious’ individuals. In fact, Congress should examine the facts surrounding the nine NSLs in one investigation that were, according to the IG Report, used to obtain information regarding over 11,000 different phone numbers.”
Data Mining Efforts Should Be Examined - Also, she says, data mining efforts by other law enforcement and intelligence agencies should be carefully examined and addressed: “NSLs should not become a mechanism for gathering vast amounts of information about individuals with no known connection to international terrorism for purposes of data mining.” Spaulding also notes that the Patriot Act allows FBI special agents in charge (SACs) to issue NSLs; instead, she says, only attorneys in the Justice Department’s National Security Division should be able to issue NSLs. Yet another problem Spaulding notes is the FBI’s policy of retention of data gathered on US citizens through NSLs, even when those citizens have no connection to terrorist activities. Spaulding expressed similar concerns in a previous op-ed for the Washington Post (see December 25, 2005). [Senate Judiciary Committee, 4/11/2007]

Entity Tags: US Department of Justice, US Department of Defense, USA Patriot Act, Senate Judiciary Committee, Foreign Intelligence Surveillance Act, Federal Bureau of Investigation, Central Intelligence Agency, Suzanne Spaulding, National Security Letters, National Security Agency

Timeline Tags: Civil Liberties

Alberto Gonzales testifies before Congress.Alberto Gonzales testifies before Congress. [Source: Associated Press]Attorney General Alberto Gonzales lied to Congress during Congressional hearings over the reauthorization of the USA Patriot Act (see March 9, 2006). In testimony before Congress, Gonzales asserted that he knew nothing of any abuses of National Security Letters (NSLs), documents that require employers, librarians, and others to turn over information on their employees and patrons to the government, and further require that those served with NSLs remain silent about them and the information being given over. But internal FBI documents made available on this day reveal that Gonzales indeed had been briefed about such abuses. (The Justice Department is fighting two court cases from plaintiffs seeking to halt the indiscriminate and allegedly unconstitutional use of NSLs to demand information about US citizens that, by law, should remain private.) George Christian, a Connecticut librarian who fought the FBI over its demand for information about his library patrons (see July 13, 2005 and April 11, 2007), says, “Having experienced first-hand the impact of the government’s abuse of surveillance powers, it is particularly disheartening to learn more and more about the deceit surrounding that abuse. I and my colleagues were fortunate enough to have the gag order against us lifted, but thousands more believed to have received national security letters are not so lucky, and must suffer the injustice in silence. It’s bad enough that these abuses occur, but salt is added to the wound when the top law enforcement agent in the country knows about the abuses, does nothing to correct them, and then plays ignorant when confronted with them.” [American Civil Liberties Union, 7/10/2007]

Entity Tags: US Department of Justice, George Christian, Federal Bureau of Investigation, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Coinciding with the publication of the first article in a series in Britain’s Sunday Times covering some of her allegations (see Mid-Late 1990s, (1997-2002), 2000-2001, Summer 2000, Summer 2001 and After September 11, 2001), former FBI translator Sibel Edmonds posts a gallery of 18 photos of people and three images of question marks on her website, justacitizen.com (see August 8, 2009). The 21 images are divided into three groups, and the page is titled “State Secrets Privilege Gallery.” No other explanation of the images is given, and the photos include no names or captions. [Sibel Edmonds, 1/6/2008] Luke Ryland, a blogger who has been closely following Sibel Edmonds’s case, posts an entry on his blog titled “Sibel ‘names names’ (in pictures!),” in which he puts names to the faces, and says, “we can reasonably presume that they are the 21 guilty people in her case.” Ryland notes that the three groups correspond to the affiliations of the people in the photos: “The first group contains current and former Pentagon and State Department officials”: Richard Perle, Douglas Feith, Eric Edelman, Marc Grossman, Brent Scowcroft, and Larry Franklin. “The second group is current and former congressmen”: Ex-House Speaker Dennis Hastert (R-IL), Roy Blunt (R-MO), Dan Burton (R-IN), Tom Lantos (D-CA), ? (box with question mark), Bob Livingston (R-LA), a former House speaker, and Stephen Solarz (D-NY). “The third group includes people who all appear to work at think tanks—primarily WINEP, the Washington Institute for Near East Policy”: Graham E. Fuller—RAND Corporation, David Makovsky—WINEP, Alan Makovsky—WINEP, ? (box with question mark), ? (box with question mark), Yusuf Turani (president-in-exile, Turkestan), Professor Sabri Sayari (Georgetown, WINEP), and Mehmet Eymur (former head of the Turkish intelligence agency MIT). [Luke Ryland, 1/6/2008]

Entity Tags: Tom Lantos, Sibel Edmonds, David Makovsky, Dan Burton, Brent Scowcroft, Bob Livingston, Alan Makovsky, Dennis Hastert, Stephen Solarz, Douglas Feith, Graham Fuller, Sabri Sayari, Roy Blunt, Richard Perle, Marc Grossman, Luke Ryland, Eric Edelman, Yusuf Turani

Timeline Tags: Complete 911 Timeline

Newly released CIA documents show that the agency uses “national security letters” (NSLs) to secure financial and other information about US citizens from employers, financial institutions, libraries, and other private and public firms (see January 2004). The documents were requested by the American Civil Liberties Union under the Freedom of Information Act. The FBI has used NSLs for years, and drawn heavy criticism for its use of the instruments (see February 2005), but until now, the CIA’s use of NSLs has been a closely guarded secret. Like the FBI NSLs, the CIA’s letters come with “gag orders” that force the recipients to remain silent about the demand for information, or that there was even such a demand. According to ACLU lawyer Melissa Goodman, often the recipient of an NSL cannot keep a copy of the letter or even take notes about the information turned over to the CIA. A CIA spokesman denies that its use of NSLs was ever kept secret, and the information has always been requested on a voluntary basis for “such legitimate purposes as counterintelligence and counterterrorism.” [Washington Post, 1/25/2008]

Entity Tags: Central Intelligence Agency, American Civil Liberties Union, Federal Bureau of Investigation, Freedom of Information Act, Melissa Goodman

Timeline Tags: Civil Liberties

FBI whistleblower Sibel Edmonds testifies under oath in a deposition for the Schmidt v. Krikorian case. David Krikorian, a 2010 Democratic candidate for US Representative of Ohio, had been sued by Jean Schmidt (R-OH) in response to his claim that she had accepted “blood money” from the Turkish lobby in exchange for opposing an Armenian genocide resolution. As part of his defense against Schmidt’s charge that he had libeled her, Krikorian subpoenaed Edmonds’s testimony, as she had previously spoken and written about corruption of members of Congress by the Turkish Lobby. In two unrelated lawsuits prior to this one, Edmonds had been blocked from testifying by former Attorney General John Ashcroft, under the State Secrets Act. In Schmidt v. Krikorian, however, the Department of Justice under Attorney General Eric Holder does not reinvoke the claim of “state secrets” or otherwise move to block the testimony, and does not dispatch legal counsel to raise objections during the deposition. At the deposition, Krikorian is represented by Dan Marino of Mark Geragos’ law firm, Schmidt is represented by Bruce Fein, and Edmonds has retained Stephen M. Kohn of the National Whistleblower Center. Kohn says he has “asked [Sibel Edmonds] to limit her responses only to the information that she believes to be publicly available or she has learned from sources outside of her employment.” Marino begins his examination of Edmonds by asking basic questions about her background and work with the FBI, then works through a lengthy series of questions based on public statements Edmonds had made regarding events she witnessed. Much of this information has previously been reported, but for the first time, Edmonds is swearing to it under oath. [Edmonds, 8/8/2009] The following subjects were covered in attorney Dan Marino’s initial examination of Sibel Edmonds:
Edmonds' Experience with Her FBI Co-worker Melek Can Dickerson and Her Husband, Major Douglas Dickerson - Edmonds and her husband Matthew Edmonds had previously said former FBI colleague Melek Can Dickerson and her husband, Major Douglas Dickerson, attempted to bribe her to pass on sensitive information (see December 2, 2001), and she confirms this. Edmonds had also previously reported to Congress and the Justice Department Inspector General that Melek Can Dickerson was spying for subjects of the FBI’s investigations (see (Late October 2001)), and she confirms this as well. [Edmonds, 8/8/2009, pp. 22-34, 38]
Turkish Entities Targeted by FBI Investigations of Influence and Espionage - When asked if the American Turkish Council was a target of FBI investigations (see Late 1990s-Early 2001, Edmonds confirms it, but when asked to identify others, she declines to specifically name any. When asked about the “Turkish Lobby”, Edmonds says there is an overt and a covert lobby. The covert lobby involves “trying to obtain very sensitive, classified, highly classified US intelligence information, weapons technology information, classified congressional records, recruiting—recruiting key US individuals with access to highly sensitive information, blackmailing, bribery.” She testifies the Turkish government is indirectly involved, and that its concerns include access to US aid and weapons, as well as preventing Congress from passing a resolution acknowledging the Turkish genocide of the Armenians. [Edmonds, 8/8/2009, pp. 26-41]
Edmonds' 'State Secrets Privilege Gallery' - Marino asks the meaning of the ‘State Secrets Privilege Gallery’ at her website, justacitizen.com (see January 6, 2008). The gallery is a collection of photos without names; Edmonds explains it features the subjects of FBI investigations Edmonds was part of during her time as an FBI translator, whose names and criminal activities were being protected by claims of State Secrets and the gag orders she had been placed under. The twenty-one photos (including three place holders with question marks) feature current and former State and Defense Dept. officials; current and former members of Congress; and lobbyists and members of think tanks. Marino then names nine of the people listed in the gallery, and asks why they’re listed. As it had been reported by others that Marc Grossman was the person involved, Edmonds discusses, in some detail, her knowledge of his involvement with a criminal network stealing and selling US nuclear secrets (see January 6, 2008 and After), as well as his disclosure to a Turkish agent that Brewster Jennings was a CIA front company investigating nuclear trafficking (see Summer-Autumn 2001). Edmonds discusses the others in more general terms; Dennis Hastert (R-IL), Dan Burton (R-IN), Stephen Solarz (D-NY), Bob Livingston (R-LA) and Tom Lantos (D-CA) are all variously accused of accepting bribes in exchange for serving the interests of foreign governments, as well as involvement in blackmail and money laundering. Lantos is also accused of “disclosing highest level protected US intelligence and weapons technology information both to Israel and to Turkey.” Edmonds indicates the question mark in the Congressional group is a bisexual woman and a current member of Congress. Turkish agents wanted her to oppose an Armenian genocide resolution, and because her husband was an influential businessman. Edmonds did not include her photo in the gallery, and declines to name her in the deposition, as she is unaware if the congresswoman had actually been blackmailed, or done anything illegal. However, in an interview published in the November 2008 American Conservative, Edmonds names her as Jan Schakowsky (D-IL). [Edmonds, 8/8/2009, pp. 42-84]
Indirect Knowledge of Illicit Israeli Influence on Congress - Asked if she is “aware of the Israeli government or Israeli organizations influencing members of Congress,” Edmonds responds, “Indirectly, based on how they work, some of the largest Israeli lobby groups with the entities such as ATC and also the Turkish diplomatic community and how they actually trained and make it possible for the Turkish lobby and these entities to do it. [T]hey had training period in ‘96 and ‘98 from individuals that were sent to them from both [AIPAC] and JINSA, both the lobbying, but also on… covering up the money track.” [Edmonds, 8/8/2009, pp. 64]
Behrooz Sarshar's Testimony regarding FBI 9/11 Foreknowledge - Marino asks Edmonds about an entry on her Wikipedia page that said, “[Edmonds] claims that the FBI received information in April 2001 from a reliable Iranian intelligence asset that Osama bin Ladin was planning attacks on four to five cities with planes. Some of the people were already in the country, and the attacks would happen in a few months.” Edmonds clarifies that she knew of this incident from FBI translator Behrooz Sarshar (see April 2001), and her role was that she, “facilitated Mr. Sharshar’s meeting with 9/11Commission and also with the Glenn Fine, Department of Justice Inspector General’s Office, and… put him in touch with the members of media.” [Edmonds, 8/8/2009, pp. 66-67]
How Blackmail Operations Are Conducted by Turkish Operatives - Sibel Edmonds explains how blackmail operations were conducted by Turkish agents. “[E]veryone was taught in [FBI] counterintelligence—that the target[,] US persons, whether they are in Congress or executive branch or whatever, first go by foreign entities to what they refer to as hooking period, and it was very common; it’s a very common way of trying to find vulnerability, and that is sexual, financial, any other kinds of greeds, and it was… being done a lot, and in some cases certain people from Pentagon would send a list of individuals with access to sensitive data, whether weapons technology or nuclear technology, and this information would include all their sexual preference, how much they owed on their homes, if they have gambling issues, and the State Department, high level State Department person would provide it to these foreign operatives, and those foreign operatives then would go and hook those Pentagon people, whether they were at RAND or some other Air Force base. And then the hooking period would take some times. Sometimes it takes months, sometimes one year. They would ask for small favor, but eventually after they reviewed the targets… then they would go blackmail and that person would give them everything, nuclear related information, weapons related information. It always worked for them. So it was not always money.” [Edmonds, 8/8/2009, pp. 72-74]
The Historical Reality and Turkish Denial of the Armenian Genocide - Edmonds acknowledges the Ottoman genocide of Armenians as historical fact. She also notes that in Turkish society acknowledgment of the genocide is not permitted, and there are active efforts to suppress and dispute information and views related to it. [Edmonds, 8/8/2009, pp. 78-81]
The Revolving Door between the US Government and the Turkish Lobby - Asked if she was aware that members of Congress have left office and become lobbyists for Turkey, Edmonds affirms her knowledge of Hastert, Solarz and Livingston having done so. She also adds, “But then there are people who work for these lobbying firms who are not the top, but they have received their share while they were working, whether they are in Pentagon. One person was Defense Intelligence Agency person, Dana Bauer, and now she works for Bob Livingston, but this individual, Ms. Bauer, did a lot of favors and illegal favors… for [the] government of Turkey and others, and then was hired by Livingston and put on a big salary to represent Turkish government. So it’s not only top tier of the lobbying firm, but then the people who work for them later and the various layers of those people.” [Edmonds, 8/8/2009, pp. 83]
Quid Pro Quo: Congress and the Turkish Lobby - Attorney Marino solicits Edmonds understanding of Congress, lobbyists and ‘quid pro quo’, with a hypothetical example he deems “particularly relevant to our case”, saying: “You have a hypothetical Congresswoman from State X. Her district has no Turkish population to speak of or Armenian population to speak of. She’s the largest recipient of Turkish PAC money in the 2008 election cycle. All right? She meets with Livingston and Rogers or Livingston Group when they’re escorting members of the Turkish parliament to a reception. She receives fact sheets from the Livingston Group talking about Turkish relations; goes to luncheons in honor of the Turkish Foreign Minister, and she opposes Armenian genocide resolution and, in fact, refuses to even recognize the genocide as a historical fact.” Edmonds responds, “Based on several that I personally know about in terms of how they conduct and how they behave, those elected officials who are serving the foreign government’s interest, I would say that’s modus operandi that you describe. It’s a classic fit of how individuals who happen to owe their position and favors to a foreign government, in this particular case Turkey, behave… and the kinds of people they associate with. That modus operandi classically matches of the individuals I know who were serving Turkish government’s and other Turkish entities’ interest.” [Edmonds, 8/8/2009, pp. 84-87]
Turkish Practices and Policies 'Inimical to American Interests' that Resulted in 'Lost Lives' - Edmonds is asked about a deposition-related declaration in which she stated that she had, “obtained evidence that the government of Turkey had engaged in practices and policies that were inimical to American interests and had, in fact, resulted in both the direct and indirect loss of American lives.” As examples, Edmonds refers to the setting up of Madrassahs in order to radicalize Muslims to be Mujahedeen and use them as proxies in conflicts and terrorism; trafficking in heroin; “illegally obtaining and selling” US military weapons and technology including nuclear secrets, as well as other top secret information, including foreign policy secrets; and the exposure of Brewster-Jennings as a CIA front company investigating nuclear trafficking (see Summer-Autumn 2001). [Edmonds, 8/8/2009, pp. 88-94]
Fethullah Gulen, US-Protected Madrassah Financier - When asked who Fethullah Gulen (spelled Fetullah Gulan in the transcript) is, Edmonds states his network controlled around $25 billion and had set up 300 Madrassahs in Central Asia. She says he fled Turkey when Turkish authorities linked him to plans to overthrow the secular Turkish government, and he was permitted to enter and remain in the US without a visa. Edmonds states he is establishing Madrassah’s in the US that are allegedly moderate but are in fact radicalizing Muslims, and that Gulen is being protected by US authorities because US entities consider his network useful for waging proxy wars over Central Asian energy resources. As an analogy, Edmonds says the “Cold War is not over”. [Edmonds, 8/8/2009, pp. 94-98] After Marino’s examination, Bruce Fein cross-examines Edmonds, then Marino re-examines and Fein cross-examines her again. The entire deposition lasts about four and a half hours. [Edmonds, 8/8/2009, pp. 104-216]

Entity Tags: Federal Bureau of Investigation, Tom Lantos, Douglas Dickerson, Bruce Fein, Bob Livingston, American Turkish Council, Stephen Solarz, Sibel Edmonds, Dan Burton, Richard Gephardt, John Ashcroft, Jan Schakowsky, Fethullah Gulen, Dennis Hastert, Roy Blunt, Melek Can Dickerson, Michael Kohn, Marc Grossman

Timeline Tags: Complete 911 Timeline

Ordering 

Time period


Email Updates

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

 
Donate

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

Volunteer

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

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