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President-elect Obama and his family, acknowledging his election victory. From left: Barack Obama, his daughters Sasha and Malia, and his wife, First Lady-elect Michelle Obama.President-elect Obama and his family, acknowledging his election victory. From left: Barack Obama, his daughters Sasha and Malia, and his wife, First Lady-elect Michelle Obama. [Source: Hollywood Reporter]Senator Barack Obama (D-IL) wins the 2008 election for US president. He replaces President George W. Bush, a Republican. Obama becomes the first African-American president in the history of the US. He defeats Senator John McCain (R-AZ) by a 52 percent to 46 percent margin in the national popular vote, and by a 365-173 margin in the electoral vote. The Democratic Party also increases its lead in the Senate, with a 56-41 margin, and a 255-175 margin in the House of Representatives. Finally, Democrats gain a +1 margin in the nation’s 11 gubernatorial elections. [National Public Radio, 11/2008; United Press International, 11/5/2008] Obama will begin his four year term as president on January 20, 2009, after a transition period (see January 20-21, 2009).

Entity Tags: John McCain, Barack Obama

Timeline Tags: Complete 911 Timeline, 2008 Elections

Conservative radio host and convicted felon G. Gordon Liddy (see March 23, 1974) advises his listeners not to register their firearms. (Failure to register a firearm is a crime.) Liddy makes the suggestion because he believes the Obama administration intends to take away citizens’ guns, and if the guns are not registered, government and law enforcement officials have no way to locate them and their owners. While talking to a caller about assault weapons, Liddy says: “[P]eople are buying them. Some because they’ve always wanted one and think that the Obama administration will try to outlaw them again, the way the Clinton administration did (see September 13, 1994). Others figure: ‘OK, I’ll buy as many as I can get my hands on, and I’ll be grandfathered in. And then when they’re banned, I will be able to sell them at a very nice profit.’ So, that’s going on. But the main thing is, you know, get them into private hands as quickly as possible.… The first thing you do is, no matter what law they pass, do not—repeat, not—ever register any of your firearms. Because that’s where they get the list of where to go first to confiscate. So, you don’t ever register a firearm, anywhere.” [Media Matters, 4/9/2009] In 1994, Liddy advised radio listeners to shoot federal agents in the head if they came to their houses to confiscate their guns. “Head shots, head shots.… Kill the sons of b_tches,” he said (see August 26 - September 15, 1994).

Entity Tags: Obama administration, G. Gordon Liddy

Timeline Tags: Domestic Propaganda

President-elect Barack Obama faces another challenge to his presidency—an Internet-based effort to block the US Electoral College from certifying him as president, according to a report from the Christian Science Monitor. The challenge centers on long-debunked accusations that Obama is not a US citizen (see June 13, 2008, June 27, 2008, July 2008, August 21, 2008, and October 30, 2008). The Electoral College meets on December 15 to cast its votes, as garnered through the November 4 election results. The Constitution requires that the president be a US citizen; the people behind this effort insist that Obama was born in Kenya, and not in Hawaii as his birth certificate attests. North Carolina Secretary of State Elaine Marshall says: “Most of the world thinks this is settled except for a few conspiracy theorists. In the 2000 election… Republican electors felt under siege, and I expect the Democrat electors may end up feeling the same way [this time].” North Carolina elector Wayne Abraham (D-NC) says he has received three letters and a phone call asking him not to vote for Obama. “I was surprised, but I’m not worried about it,” he says. “As I said to the lady on the phone, I figured that the Bush administration had ample opportunity to investigate Senator Obama, and if they had discovered he was not truly a citizen they… would have let us know.” Immigration law expert Peter Spiro of Temple University says the entire issue is a “nonstarter, because Obama was born in Hawaii.” The biggest effort of the attempt to stop the Electoral College from certifying Obama’s presidency is a lawsuit in California brought by failed presidential candidate Alan Keyes (see November 12, 2008 and After). Lawyer Philip Berg, who has lost a lawsuit challenging Obama’s citizenship (see August 21-24, 2008), says: “People are going after electors now because they can only vote for a qualified candidate, and [Obama] hasn’t shown he’s qualified. I think we have enough trouble—we don’t need a fake president.” Melanie Siewert of Kenansville, North Carolina, says the questions surrounding Obama’s citizenship have moved her to get involved in politics for the first time in her life. “I’m not asking electors to overturn their vote, but really to, before we vote, to make absolutely sure,” she says. She says she has contacted most of North Carolina’s 15 electors. “This is not being a sore loser or racist. This is just about ensuring that our leader is being truthful about who he is.” Presidential historian Perry Leavell says: “Human beings will always go for myth because it’s compelling, dramatic, and, if it were true, it would be able to change history. You can go back into the history of the American presidency and find over and over again people… who are prepared to believe the exact opposite of what all the data would say.” Constitutional law binds state electors to cast their votes for the candidate who won their state. [Christian Science Monitor, 11/26/2008] The Electoral College will vote for Obama as president. [WRAL-TV, 12/15/2008]

Entity Tags: Wayne Abraham, Christian Science Monitor, Barack Obama, Alan Keyes, Elaine Marshall, Philip J. Berg, Melanie Siewert, Peter Spiro, Perry Leavell, US Electoral College

Timeline Tags: Domestic Propaganda, 2008 Elections

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

In a lengthy interview, terminally ill columnist Robert Novak says he would reveal the covert identity of former CIA official Valerie Plame Wilson again (see July 14, 2003), both because he feels he caused Plame Wilson no damage and because of his own personal desire for retribution against his critics. Novak says that while he expressed some “ambivalence” about his outing of Plame Wilson in his 2007 autobiography The Prince of Darkness, “Now I’m much less ambivalent. I’d go full speed ahead because of the hateful and beastly way in which my left-wing critics in the press and Congress tried to make a political affair out of it and tried to ruin me. My response now is this: The hell with you. They didn’t ruin me. I have my faith, my family, and a good life. A lot of people love me—or like me. So they failed. I would do the same thing over again because I don’t think I hurt Valerie Plame [Wilson] whatsoever.” [Washingtonian, 12/1/2008] Not only did Novak’s revelation of Plame Wilson’s identity do serious damage to the US intelligence community’s ability to learn of potential threats (see Before September 16, 2003, October 3, 2003, October 11, 2003, October 22-24, 2003, October 23-24, 2003, and February 13, 2006), Plame Wilson has written that she feared for the lives of herself and her family after Novak’s outing (see July 14, 2003).

Entity Tags: Valerie Plame Wilson, Robert Novak, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” [Time, 12/2/2008]
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” [Fox News, 12/3/2008]
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. [MSNBC, 12/4/2008]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Timeline Tags: Torture of US Captives

In a speech at the Saban Center for Middle East Policy in Washington, outgoing President Bush discusses his decision to invade Iraq. “It is true, as I have said many times, that Saddam Hussein was not connected to the 9/11 attacks,” he says. “But the decision to remove Saddam from power cannot be viewed in isolation from 9/11. In a world where terrorists armed with box cutters had just killed nearly 3,000 people, America had to decide whether we could tolerate a sworn enemy that acted belligerently, that supported terror, and that intelligence agencies around the world believed had weapons of mass destruction. It was clear to me, to members of both political parties, and to many leaders around the world that after 9/11, this was a risk we could not afford to take. So we went back to the UN Security Council, which unanimously passed Resolution 1441 calling on Saddam Hussein to disclose, disarm, or face serious consequences (see November 8, 2002). With this resolution, we offered Saddam Hussein a final chance to comply with the demands of the world. When he refused to resolve the issue peacefully, we acted with a coalition of nations to protect our people and liberated 25 million Iraqis.” Amanda Terkel, a writer for the liberal website Think Progress, notes that all of Bush’s acknowledgments that Iraq had no connections to 9/11 came after the war began; in the months prior to the invasion, Bush and his top officials strove to create the impression that Hussein had close links to al-Qaeda and the 9/11 planners (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). Terkel writes, “Bush still embraces his pre-war lies, as he admitted in his Saban address today, because without them, the public wouldn’t have supported his case for war.” [USA Today, 12/5/2008; Think Progress, 12/5/2008]

Entity Tags: George W. Bush, Amanda Terkel

Timeline Tags: Events Leading to Iraq Invasion

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Timeline Tags: Torture of US Captives

In his first exit interview after the November 2008 elections, Vice President Dick Cheney unapologetically acknowledges that the US used waterboarding on suspected terrorists, and says that the Guantanamo Bay prison should remain open until terrorism has been eradicated. Methods such as waterboarding were indeed used on at least one subject, suspected 9/11 plotter Khalid Shaikh Mohammed (see May 2002-2003, Shortly After February 29 or March 1, 2003, March 7 - Mid-April, 2003, After March 7, 2003, and May 2003), Cheney says, but he goes on to claim that those methods do not constitute torture. “On the question of so-called torture, we don’t do torture,” he says. “We never have. It’s not something that this administration subscribes to. I think those who allege that we’ve been involved in torture, or that somehow we violated the Constitution or laws with the terrorist surveillance program, simply don’t know what they’re talking about.” Asked if he authorized the waterboarding of Mohammed, Cheney says: “I was aware of the program, certainly, and involved in helping get the process cleared, as the agency [CIA] in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.” Cheney says that waterboarding Mohammed produced critically important information: “There was a period of time there, three or four years ago, when about half of everything we knew about al-Qaeda came from that one source. So it’s been a remarkably successful effort. I think the results speak for themselves.” Cheney adds that the invasion of Iraq and the overthrow of Saddam Hussein were justified regardless of whether that nation possessed weapons of mass destruction. The only thing US intelligence got wrong, he says, “was that there weren’t any stockpiles. What they found was that Saddam Hussein still had the capability to produce weapons of mass destruction. He had the technology, he had the people, he had the basic feed stock.” [ABC News, 12/15/2008; ABC News, 12/15/2008] In the US, waterboarding has been considered a war crime at least as far back as World War II (see 1947, January 21, 1968, and November 29, 2007); in 2007, a judge concurred (see November 4, 2007). A former senior Justice Department official determined that waterboarding is torture (see Late 2004-Early 2005), as did a former deputy secretary of state who was subjected to waterboarding as part of his military training (see January 21, 2009) and a US senator who was a prisoner of war in Vietnam (see April 20, 2009). The CIA suspended the use of waterboarding in 2005 after determining that the technique was most likely ineffective and certainly illegal (see Shortly After April 28, 2004-February 2005), and banned it entirely in 2006 (see Between May and Late 2006); the CIA’s Inspector General determined that the practice was torture (see March 6, 2009). The FBI and DIA have forbidden their agents from using the technique (see May 13, 2004 and February 7, 2008). The US military banned its use in 2006 (see September 6, 2006). The king of Saudi Arabia will accuse the Bush administration of torturing prisoners in its custody (see April 24, 2009). The information derived from torturing Mohammed and other prisoners is widely considered unreliable (see August 6, 2007, April 16, 2009, December 18, 2008, and March 29, 2009), and may well have been initially designed to elicit false confessions (see April 22, 2009).

Entity Tags: Central Intelligence Agency, Al-Qaeda, Bush administration (43), Richard (“Dick”) Cheney, Saddam Hussein, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” [Vanity Fair, 12/16/2008] On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” [New York Times, 4/22/2008]

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Timeline Tags: Torture of US Captives

Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) [Newsweek, 12/22/2008]

Entity Tags: Michael Isikoff, Bush administration (43), Barack Obama, Asa Hutchinson, ’Stellar Wind’, Eric Holder, Eric Lichtblau, Newsweek, US Department of Justice, Federal Bureau of Investigation, Thomas Tamm, George W. Bush

Timeline Tags: Civil Liberties

Glenn Beck, the former CNN Headline News talk show host who has just signed with Fox News, has a discussion with Fox chief executive Roger Ailes about his intentions as Fox’s newest host. Beck later recalls: “I wanted to meet with Roger and tell him: ‘You may not want to put me on the air. I believe we are in dire trouble, and I will never shut up’.” Far from warning Beck to tone down his rhetoric, Ailes tells Beck that Fox’s primary mission is now to serve as the opposition to the newly elected President Obama (see November 4, 2008). According to Beck, Ailes tells him: “I see this as the Alamo. If I just had somebody who was willing to sit on the other side of the camera until the last shot is fired, we’d be fine.” One of Beck’s primary themes on Headline News has been his fear that the US is becoming a socialist nation, a theme he says Ailes encourages him to develop on Fox. Fox vice president Bill Shine will say: “I think we’ve been doing a very good job of trying to point out some things that maybe some other news organizations haven’t pointed out. We’re kind of looking for things that people aren’t being told.” Major Garrett, Fox’s White House correspondent, will say: “[T]here very may well be a curiosity about the Fox brand interacting with the Obama brand. There may be an expectation of a higher degree of skepticism” (see October 13, 2009). One of Beck’s first additions to his Fox studio is a caricature of Obama drawn to resemble former Chinese Communist leader Mao Zedong. [Los Angeles Times, 3/6/2009]

Entity Tags: Glenn Beck, Fox News, Roger Ailes, Bill Shine, Major Garrett

Timeline Tags: Domestic Propaganda, 2010 Elections

Judge Vaughn Walker rules that “sufficient facts” exist to keep alive a lawsuit brought by the defunct Islamic charity Al Haramain, which alleges it was subjected to illegal, warrantless wiretapping by the US government (see February 28, 2006). The lawsuit centers on a Top Secret government document accidentally disclosed to plaintiffs’ lawyers Wendell Belew and Asim Ghafoo that allegedly proves the claim of illegal wiretapping; previous court rulings forced Belew and Ghafoo to return the document to the government and prohibited its use in the lawsuit. The lawsuit is widely viewed as a test case to decide in court whether the Bush administration abused its power by authorizing a secret domestic spying program (see Spring 2004 and December 15, 2005). Jon Eisenberg, the lawyer for Belew and Ghafoo, says it does not matter whether the case pertains to the Bush administration or the incoming Obama administration. “I don’t want President Obama to have that power any more than I do President Bush,” he says. Because the lawsuit contains sufficient evidence even without the Top Secret document, Walker rules, it can continue. “The plaintiffs have alleged sufficient facts to withstand the government’s motion to dismiss,” he writes. Therefore, he adds, the law demands that they be allowed to review the classified document, and others, to determine whether the lawyers were spied on illegally and whether Bush’s spy program was unlawful. “To be more specific, the court will review the sealed document ex parte and in camera,” Walker writes. “The court will then issue an order regarding whether plaintiffs may proceed—that is, whether the sealed document establishes that plaintiffs were subject to electronic surveillance not authorized by FISA” (the Foreign Intelligence Surveillance Act—see 1978). [Wired News, 1/5/2009]

Entity Tags: Vaughn Walker, Al Haramain Islamic Foundation, Asim Ghafoo, Jon Eisenberg, Bush administration (43), Wendell Belew, Foreign Intelligence Surveillance Act, Obama administration

Timeline Tags: Civil Liberties

Newsweek publishes a range of responses to its article about Justice Department whistleblower Thomas Tamm (see December 22, 2008), who alerted the New York Times to the Bush administration’s illegal domestic wiretapping program “Stellar Wind” (see Spring 2004 and December 15, 2005). Most are extremely supportive of Tamm; Newsweek writes, “Nearly all labeled Tamm a hero.” One reader wonders why “few in the Justice Department were as troubled as Tamm about the illegality of the secret domestic wiretapping program or had the courage of his convictions.” Another notes, “Whistle-blowers like him are heroes because they are protecting ‘We the people.’” A Milwaukee reader, Harvey Jay Goldstein, suggests that President-elect Obama honor Tamm’s courage and service by “issuing him a pardon” and then “seek indictments against those involved in authorizing and carrying out the illegal program, including President Bush and Vice President Cheney.” The reader is “appalled” that Tamm “is being harassed and persecuted by the FBI (see August 1, 2007) for his part in disclosing the coverup of a program that originated in the Oval Office.” He calls Tamm “a national hero who had the guts to do what he thought was right and wasn’t intimidated by the power of the presidency.” Goldstein accuses Bush and Cheney of “undermining and circumventing the protections of the First and Fourth amendments [in what] are perhaps the most egregious attempts to consolidate absolute power within the executive branch since the dark days of Richard Nixon.” Illinois reader Leonard Kliff, a World War II veteran, writes: “It is disgusting that this man is on the run when he should be receiving a medal for his actions. I am sure the majority of Americans fully support him.” The Reverend Joseph Clark of Maryland calls Tamm “a common man doing his job—upholding the Constitution of the United States and the rule of law.… Thank God for people like Thomas Tamm who spoke when no one else was finding a voice.… This nation is made up of people like Tamm, and that is our strength.” And a former schoolmate of Tamm’s, Peter Craig, writes: “No one who attended Landon School in Bethesda, Md., in the late 1960s, as I did, will be at all surprised to learn that Tom Tamm ended up risking it all to do the right thing. In his senior year, for instance, Tom, then the president of the student council, decided to turn himself in to the rest of the council for some minor infraction unknown to anyone else (and ultimately warranting no punishment). It showed the same character and a burgeoning morality that years later would compel him to do what he did.” Only one published letter, from Bob Spickelmier, expresses the view that Tamm should go to jail for his actions. [Newsweek, 1/10/2009]

Entity Tags: Thomas Tamm, Bob Spickelmier, ’Stellar Wind’, Bush administration (43), Newsweek, Harvey Jay Goldstein, Leonard Kliff, US Department of Justice, Peter Craig, Joseph Clark

Timeline Tags: Civil Liberties

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Timeline Tags: Torture of US Captives

Steven Bradbury, the outgoing head of the Justice Department’s Office of Legal Counsel (OLC), issues a legal opinion finding certain earlier opinions from the OLC invalid. Bradbury is referring to several memos issued by former OLC lawyers John Yoo, Jay Bybee, and others after the 9/11 attacks (see March 2, 2009).
'Doubtful Nature' - Bradbury writes that these opinions had not been relied upon since 2003, and notes that it is important to acknowledge in writing “the doubtful nature of these propositions.” The opinions “do not currently reflect, and have not for some years reflected, the views of the” OLC, Bradbury writes, “and on several occasions we have already acknowledged the doubtful nature of these propositions.”
President's Position - One portion of Bradbury’s memo says it is “not sustainable” to argue that the president’s power as commander in chief “precludes Congress from enacting any legislation concerning the detention, interrogation, prosecution, and transfer of enemy combatants.” Bradbury is referring to a 2002 memo that claimed President Bush could order the “rendition” of detainees to other countries without regard to Congressional legislation (see March 13, 2002).
'Novel and Complex Questions' - In repudiating the memos, Bradbury writes that they were the product of Yoo and others confronting what he calls “novel and complex questions in a time of great danger and under extraordinary time pressure.” [US Department of Justice, 1/15/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009]
Response - Yale law professor Jack Balkin later notes that the memo does not repudiate “any of the Bush administration’s specific policies regarding surveillance, detention, and interrogation.” [Jack Balkin, 3/3/2009] In 2004, the Justice Department repudiated the so-called “golden shield” memo, written by Yoo and the then-chief counsel for Vice President Cheney, David Addington, which gave US personnel almost unlimited authority to torture prisoners (see August 1, 2002). The New York Times writes that Bradbury’s last-minute memo “appears to have been the Bush lawyers’ last effort to reconcile their views with the wide rejection by legal scholars and some Supreme Court opinions of the sweeping assertions of presidential authority made earlier by the Justice Department.” Walter Dellinger, who headed the OLC during the Clinton administration, says that Bradbury’s memo “disclaiming the opinions of earlier Bush lawyers sets out in blunt detail how irresponsible those earlier opinions were.” Dellinger says it is important to note that the Bush administration’s assertions “that Congress had absolutely no role in these national security issues was contrary to constitutional text, historical practice, and judicial precedent.” [New York Times, 3/2/2009] Bradbury, who like Yoo and Bybee may face disbarment, is careful to note that while the legal opinions are invalid, he is not suggesting that the authors did not “satisfy” professional standards. [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Steven Bradbury, Office of Legal Counsel (DOJ), New York Times, Walter Dellinger, Jay S. Bybee, Jack Balkin, US Department of Justice

Timeline Tags: Civil Liberties

Neal Katyal.Neal Katyal. [Source: PBS]Georgetown law professor Neal Katyal is to be named the Justice Department’s deputy solicitor general. Katyal successfully argued for the defense in the landmark Hamdan v. Rumsfeld trial before the Supreme Court (see June 30, 2006). Legal Times reporter Joe Palazzolo writes, “Katyal’s appointment is another strong signal of President-elect Barack Obama’s intentions to depart sharply from the terrorist detention and interrogation policies of the Bush administration.” The Hamdan case, “which marked Katyal’s first appearance before the high court, was a stinging rebuke to [President Bush’s] broad assertion of wartime power.” Katyal’s boss, Harvard Law School dean Elena Kagan, was named earlier in the month. Katyal was incoming Attorney General Eric Holder’s national security adviser in the Justice Department from 1998 to 1999, when Holder was deputy attorney general for the Clinton administration. Katyal also served as one of the co-counsels for Vice President Gore in the Supreme Court election dispute of December 2000. He once clerked for Supreme Court Justice Stephen Breyer. [Legal Times, 1/17/2009]

Entity Tags: US Department of Justice, Elena Kagan, Neal Katyal, Joe Palazzolo

Timeline Tags: Torture of US Captives, Civil Liberties

As one of his first official acts as president, Barack Obama orders that all military prosecutions of terrorist suspects at the Guantanamo Bay detention facility be suspended for 120 days. The order comes during the inaugural ceremonies, and is issued by Defense Secretary Robert Gates, the only Cabinet holdover from the Bush administration. “In the interests of justice, and at the direction of the president of the United States and the secretary of defense, the government respectfully requests the military commission grant a continuance of the proceedings in the above-captioned case until 20 May 2009,” the request reads. [CNN, 1/21/2009; Agence France-Presse, 1/21/2009] Obama promised repeatedly during and after the presidential campaign that he would close the detention facility at the Guantanamo Naval Base. This request does not go that far, but it does bring to a halt the planned prosecution of 21 detainees currently facing war crimes charges, including 9/11 plotter Khalid Shaikh Mohammed. Jamil Dakwar, a representative for the American Civil Liberties Union (ACLU) at the base, calls the request “a good step in the right direction.” Gabor Rona, an observer for Human Rights Watch, also calls the order “a first step.” Rona continues, “The very fact that it’s one of his first acts reflects a sense of urgency that the US cannot afford one more day of counterproductive and illegal proceedings in the fight against terrorism.” Dakwar says the ACLU believes all charges against the prisoners should be dropped. “A shutdown of this discredited system is warranted,” he says. “The president’s order leaves open the option of this discredited system remaining in existence.” Major Jon Jackson, the lawyer for one of the 9/11 defendants, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001 and September 24, 2001-December 26, 2002), says, “We welcome our new commander in chief and this first step towards restoring the rule of law.” Approximately 245 detainees are currently housed at the camp; some 60 detainees have been cleared for release, but no country has agreed to take them. [CNN, 1/21/2009; Washington Post, 1/21/2009] Michele Cercone, spokesman for the European Union Justice and Home Affairs Commission, says the commission “has been very pleased that one of the first actions of Mr. Obama has been to turn the page on this sad episode of Guantanamo.” The request is accepted the day after (see January 21, 2009), and the Los Angeles Times writes that it “may be the beginning of the end for the Bush administration’s system of trying alleged terrorists.” [Associated Press, 1/21/2009]

Entity Tags: Jon Jackson, European Union Justice and Home Affairs Commission, Bush administration (43), Barack Obama, American Civil Liberties Union, Gabor Rona, Jamil Dakwar, Los Angeles Times, Robert M. Gates, Michele Cercone, Human Rights Watch, Khalid Shaikh Mohammed, Mustafa Ahmed al-Hawsawi

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

Omar Khadr. The photo, presumably taken in 2001, was given to Canadian reporters by his mother, Maha Khadr, after a 2005 press conference.Omar Khadr. The photo, presumably taken in 2001, was given to Canadian reporters by his mother, Maha Khadr, after a 2005 press conference. [Source: Maha Khadr / Associated Press]Colonel Patrick Parrish, a military judge in the Guantanamo prosecutions, orders that the trial of Omar Khadr be suspended. President Obama has asked for all trials of Guantanamo detainees to be suspended for 120 days (see January 20, 2009). Other trials are almost certain to be suspended as well, including the trial of five detainees accused of participating in the 9/11 attacks. Khadr is accused of killing a US soldier in Afghanistan with a grenade during a firefight in 2001. Khadr, who was 15 at the time, was captured shortly thereafter. He has been in detention ever since. Military prosecutors say it is “in the interests of justice” to freeze the trials until about May 20 to give the new administration time to evaluate the cases and decide what forum best suits any future prosecution. Obama has repeatedly promised to shut down the Guantanamo prison camp; it is not clear what will happen to the approximately 245 detainees currently housed there. While officials of the former Bush administration have said they planned to bring some 80 detainees to trial, as yet only three trials have been held. [Reuters, 1/21/2009] Prosecutor Clay Trivett says all pending cases should be suspended because a review of the military commissions system may result in significant changes. Khadr’s defense lawyer, Lieutenant Commander William Kuebler, says the suspension “has the practical effect of stopping the process, probably forever.… This military process and the charges Omar faced are dead.” Kuebler says Khadr should either be returned to his native Canada or tried in a civilian court. “He’s anxious, he’s nervous,” Kuebler says. “Let’s hope this creates the process… that will take Omar back to Canada.” The de facto leader of the five men accused of planning the 9/11 attacks, Khalid Shaikh Mohammed, tells court officials he opposes the delay. “We should continue so we don’t go backward, we go forward,” he says. [Associated Press, 1/21/2009; Washington Post, 1/21/2009]

Entity Tags: Khalid Shaikh Mohammed, Omar Khadr, Patrick Parrish, Bush administration (43), Barack Obama, William Kuebler, Clay Trivett

Timeline Tags: Torture of US Captives, Civil Liberties

President Barack Obama, in the same sweeping set of executive orders that mandates the closure of the Guantanamo Bay detention facility and orders the closure of the CIA’s secret prisons (see January 22, 2009), orders that the US no longer torture prisoners. And in a broad repudiation of Bush administration policies and legal arguments, Obama’s order nullifies every single legal order and opinion on interrogations issued by any lawyer in the executive branch—including the Department of Justice—since September 11, 2001 (see Shortly After September 11, 2001, Late September 2001, October 23, 2001, Late October 2001, November 6-10, 2001, January 9, 2002, January 25, 2002, and April 2002 and After). “Key components of the secret structure developed under Bush are being swept away,” the Washington Post reports. Obama orders that all interrogations conducted by the CIA and other US officials strictly follow the procedures outlined in the US Army Field Manual. Retired Admiral Dennis Blair, Obama’s nominee to become the director of national intelligence, says that the government may revise the Field Manual to include more coercive interrogation techniques; a commission will be appointed to determine if the Field Manual is adequate. Currently the Field Manual limits interrogators to 19 approved techniques, bans torture, and prohibits harsh questioning techniques in favor of using psychological approaches. “I can say without exception or equivocation that the United States will not torture,” Obama tells a group of listeners at the State Department. “The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals,” he adds. The US will now “observe core standards of conduct, not just when it’s easy, but also when it’s hard.” [Agence France-Presse, 1/22/2009; Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] Tom Malinowski of Human Rights Watch says that he is certain Obama will not secretly authorize torture. Malinowski says that while Obama might oversee some changes in the Field Manual, he says that Obama will not renege on his promise that detainees would not be tortured or treated inhumanely. [Financial Times, 1/22/2009]

Entity Tags: Human Rights Watch, US Department of Justice, Central Intelligence Agency, Barack Obama, Tom Malinowski, Dennis C. Blair

Timeline Tags: Torture of US Captives, Civil Liberties

News columnist Ann Woolner writes that with President Obama’s executive orders to close Guantanamo (see January 22, 2009) and stop torture of terror suspects (see January 22, 2009), “I am beginning to recognize my country again.” Referring to the infamous picture of the hooded Abu Ghraib prisoner with electric wires attached to his body (see April 29-30, 2004), “It’s time to lift the hood and let the man under it step off that box.” [Bloomberg, 1/23/2009]

Entity Tags: Ann Woolner

Timeline Tags: Torture of US Captives

White House counsel Greg Craig says that the executive orders given by President Obama in his first days in office, particularly those outlawing torture (see January 22, 2009) and closing Guantanamo (see January 22, 2009) have been in the works for over a year. Craig also notes that Obama has not finished issuing reforms, and has deliberately put off grappling with several of the most thorny legal issues. Craig says that as Obama prepared to issue the orders, he was “very clear in his own mind about what he wanted to accomplish, and what he wanted to leave open for further consultation with experts.”
Process Began before First Presidential Caucus - Craig says that the thinking and discussion behind these orders, and orders which have yet to be issued, began in Iowa in January 2008, before the first presidential caucus. Obama met with former high-ranking military officers who opposed the Bush administration’s legalization of harsh interrogation tactics, including retired four-star generals Dave Maddox and Joseph Hoar. They were sickened at the abuses committed at Abu Ghraib prison, and, as reporter Jane Mayer writes, “disheartened by what they regarded as the illegal and dangerous degradation of military standards.” They had formed what Mayer calls “an unlikely alliance with the legal advocacy group Human Rights First, and had begun lobbying the candidates of both parties to close the loopholes that Bush had opened for torture.” The retired flag officers lectured Obama on the responsibilities of being commander in chief, and warned the candidate that everything he said would be taken as an order by military personnel. As Mayer writes, “Any wiggle room for abusive interrogations, they emphasized, would be construed as permission.” Craig describes the meeting as the beginning of “an education process.”
'Joy' that US is 'Getting Back on Track' - In December 2008, after Obama’s election, the same group of retired flag officers met with Craig and Attorney General-designate Eric Holder. Both Craig and Holder were impressed with arguments made by retired Marine general and conservative Republican Charles Krulak, who argued that ending the Bush administration’s coercive interrogation and detention regime was “right for America and right for the world.” Krulak promised that if the Obama administration would do what he calls “the right thing,” which he acknowledged will not be politically easy, that he would personally “fly cover” for it. Sixteen of those flag officers joined Obama for the signing of the executive order banning torture. After the signing, Obama met with the officers and several administration officials. “It was hugely important to the president to have the input from these military people,” Craig says, “not only because of their proven concern for protecting the American people—they’d dedicated their lives to it—but also because some had their own experience they could speak from.” During that meeting, retired Major General Paul Eaton called torture “the tool of the lazy, the stupid, and the pseudo-tough. It’s also perhaps the greatest recruiting tool that the terrorists have.” Retired Admiral John Hutson said after the meeting that the feeling in the room “was joy, perhaps, that the country was getting back on track.”
Uncertainty at CIA - Some CIA officials are less enthusiastic about Obama’s changes. They insist that their so-called “enhanced interrogation techniques” have provided critical intelligence, and, as Craig says, “They disagree in some respect” with Obama’s position. Many CIA officials wonder if they will be forced to follow the same interrogation rules as the military. Obama has indeed stopped torture, Craig says, but the president “is somewhat sympathetic to the spies’ argument that their mission and circumstances are different.” Craig says that during the campaign, Obama’s legal, intelligence, and national security advisers visited CIA headquarters in Langley for two intensive briefings with current and former intelligence officials. The issue of “enhanced interrogation tactics” was discussed, and the advisers asked the intelligence veterans to perform a cost-benefit analysis of such tactics. Craig says, “There was unanimity among Obama’s expert advisers that to change the practices would not in any material way affect the collection of intelligence.” [New Yorker, 1/25/2009]

Entity Tags: Paul Eaton, Dave Maddox, Charles Krulak, Central Intelligence Agency, Barack Obama, Eric Holder, Greg Craig, Human Rights First, Jane Mayer, Joseph Hoar, John D. Hutson, Obama administration

Timeline Tags: Civil Liberties

Former Attorney General Alberto Gonzales tells an NPR reporter that he never allowed the Justice Department (DOJ) to become politicized, and that he believes the historical judgment of his tenure in the department will be favorable. He acknowledges making some errors, including failing to properly oversee the DOJ’s push to fire nine US attorneys in 2008, a process many believe was orchestrated by the White House with the involvement of Gonzales and then-White House political guru Karl Rove.
Failure to Engage - “No question, I should have been more engaged in that process,” he says, but adds that he is being held accountable for decisions made by his subordinates. “I deeply regret some of the decisions made by my staff,” he says, referring to his former deputy Paul McNulty, who resigned over the controversy after telling a Senate committee that the attorney firings were performance-related and not politically motivated. Gonzales says his then-chief of staff, Kyle Sampson, was primarily responsible for the US attorney review process and for working with McNulty. “If Paul McNulty makes a recommendation to me—if a recommendation includes his views—I would feel quite comfortable that those would be good recommendations coming to me” about the qualifications of the US attorneys under question, Gonzales says. He adds that he has “seen no evidence” that Rove or anyone at the White House tried to use the US attorneys to politicize the work at the DOJ. A review by the DOJ’s Inspector General found that the firing policy was fundamentally flawed, and that Gonzales was disengaged and had failed to properly supervise the review process.
Claims He Was Unfairly Targeted by 'Mean-Spirited' Washington Insiders - Gonzales says he has been unfairly held responsible for many controversial Bush administration policies, including its refusal to abide by the Geneva Conventions (see Late September 2001, January 9, 2002, January 18-25, 2002, January 25, 2002, August 1, 2002, November 11, 2004, and January 17, 2007) and its illegal eavesdropping on US citizens (see Early 2004, March 9, 2004, December 19, 2005, Early 2006, and February 15, 2006), because of his close personal relationship with former President Bush. Washington, he says, is a “difficult town, a mean-spirited town.” He continues: “Sometimes people identify someone to target. That’s what happened to me. I’m not whining. It comes with the job.”
Visiting Ashcroft at the Hospital - In 2004, Gonzales, then the White House counsel, and White House chief of staff Andrew Card raced to the bedside of hospitalized Attorney General John Ashcroft to persuade, or perhaps coerce, Ashcroft to sign off on a secret government surveillance program (see March 10-12, 2004). The intervention was blocked by Deputy Attorney General James Comey (see March 12-Mid-2004). Gonzales says he has no regrets about the incident: “Neither Andy nor I would have gone there to take advantage of somebody who was sick. We were sent there on behalf of the president of the United States.” As for threats by Justice Department officials to resign en masse over the hospital visit (see Late March, 2004), Gonzales merely says, “Lawyers often disagree about important legal issues.”
Warning about Plain Speaking - Gonzales says Obama’s attorney general nominee, Eric Holder, should refrain from making such statements as Holder made last week when he testified that waterboarding is torture. “One needs to be careful in making a blanket pronouncement like that,” Gonzales says, adding that such a statement might affect the “morale and dedication” of intelligence officials and lawyers who are attempting to make cases against terrorism suspects. [National Public Radio, 1/26/2009]

Entity Tags: US Department of Justice, Eric Holder, Bush administration (43), Andrew Card, Alberto R. Gonzales, Geneva Conventions, George W. Bush, James B. Comey Jr., Karl C. Rove, Paul J. McNulty, D. Kyle Sampson

Timeline Tags: Civil Liberties

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Reflecting on the Bush administration’s prewar insistence that Iraq had a nuclear weapons program (see September 4, 2002, September 8, 2002, and September 8, 2002, among others), Sir Jeremy Greenstock, Britain’s former ambassador to the UN and its former special representative in Iraq, says: “When I arrived in New York, in July 1998, it was quite clear to me that all the members of the Security Council, including the United States, knew well that there was no current work being done on any kind of nuclear weapons capability in Iraq. It was, therefore, extraordinary to me that later on in this saga there should have been any kind of hint that Iraq had a current capability. Of course, there were worries that Iraq might try, if the opportunity presented itself, to reconstitute that capability. And therefore we kept a very close eye, as governments do in their various ways, on Iraq trying to get hold of nuclear base materials, such as uranium or uranium yellowcake, or trying to get the machinery that was necessary to develop nuclear-weapons-grade material. We were watching this the whole time. There was never any proof, never any hard intelligence, that they had succeeded in doing that. And the American system was entirely aware of this.” [Vanity Fair, 2/2009]

Entity Tags: United Nations Security Council, Bush administration (43), United Nations, Jeremy Greenstock

Timeline Tags: Events Leading to Iraq Invasion

Wall Street Journal editorial board member Stephen Moore, appearing as a guest on Fox News host Glenn Beck’s show, compares Social Security to “a big Ponzi scheme.” Moore and Beck are discussing the issue of the US debt, and Moore compares the cycle of different government agencies buying and selling portions of the debt to one another to Social Security, saying: “It’s very much like the way Social Security works. It’s a big Ponzi scheme. It’s like a big vault of IOUs.” [Media Matters, 2/2/2009; Media Matters, 9/7/2010] Beck will later call Social Security a “Stalinist” program designed to forcibly redistribute wealth to poorer citizens (see January 27, 2010).

Entity Tags: Glenn Beck, Stephen Moore, Fox News

Timeline Tags: Global Economic Crises, Domestic Propaganda

George W. Bush’s former political guru Karl Rove echoes incorrect statements made by former Bush lawyer John Yoo. In an op-ed, Yoo claimed that President Obama’s prohibition against torture, and the mandate for US interrogators to use the Army Field Manual as their guide, prevents interrogators from using long-established, non-invasive techniques to question prisoners (see January 29, 2009). In an address at Loyola Marymount University, Rove tells his listeners: “The Army Field Manual prohibits ‘good cop, bad cop.’ All that stuff you see on CSI—the Army Field Manual prohibits it.… If you stop collecting that information, you begin to make America more at risk.” [Torrance Daily Breeze, 2/3/2009] Both Rove and Yoo are wrong. The Army Field Manual explicitly permits many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo and Rove claim it bans. [Army, 9/2006]

Entity Tags: Karl C. Rove

Timeline Tags: Torture of US Captives, Civil Liberties

Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).

Entity Tags: Barack Obama, Al-Qaeda, Obama administration, Richard (“Dick”) Cheney

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, 2010 Elections

Leon Panetta.Leon Panetta. [Source: San Diego Union-Tribune]President Obama’s pick to head the CIA, former Clinton administration chief of staff Leon Panetta, says that the CIA will not carry out “extraordinary renditions” under his tenure. Sparked by recent claims that the Obama administration intends to continue such extraordinary renditions, Senator Dianne Feinstein (D-CA) asks Panetta during his Senate confirmation hearings, “Will the CIA continue the practice of extraordinary rendition by which the government will transfer a detainee to either a foreign government or a black site for the purpose of long-term detention and interrogation, as opposed to for law enforcement purposes?” Panetta says, “No we will not.” He adds, “[B]ecause under the executive order signed by the president (see January 22, 2009), that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values—that has been forbidden by the executive order.” Panetta goes on to note the difference between “extraordinary rendition” and law enforcement rendition. [Think Progress, 2/5/2009]

Entity Tags: Obama administration, Central Intelligence Agency, Leon Panetta, Dianne Feinstein

Timeline Tags: Torture of US Captives, Civil Liberties

Ben Wizner, an attorney with the American Civil Liberties Union (ACLU) representing five plaintiffs suing a Boeing subsidiary for participating in their extraordinary rendition and torture (see February 9, 2009, says it is remarkable that the Obama administration is opposing the lawsuit. Wizner notes that the entire claim of “state secrets” advocated by the Justice Deparment in its quest to have the lawsuit thrown out is based on two sworn declarations from former CIA Director Michael Hayden. One was made public and one was filed secretly with the court. In those declarations, Hayden argued that courts cannot become involved in the case because to do so would be to disclose and thus degrade secret CIA programs of rendition and “harsh interrogation.” Wizner notes that President Obama ordered those programs shut down (see January 22, 2009). He says it is difficult to see how the continuation of the lawsuit could jeopardize national security when the government claims to have terminated the programs that are being protected. Salon pundit Glenn Greenwald writes: “What this is clearly about is shielding the US government and Bush officials from any accountability. Worse, by keeping Bush’s secrecy architecture in place, it ensures that any future president—Obama or any other—can continue to operate behind an impenetrable wall of secrecy, with no transparency or accountability even for blatantly criminal acts.” [Salon, 2/9/2009]

Entity Tags: Obama administration, American Civil Liberties Union, Ben Wizner, Bush administration (43), Glenn Greenwald

Timeline Tags: Torture of US Captives

Fox News on-air graphic repeating a typo from the original Senate Republican Communications Center press release.Fox News on-air graphic repeating a typo from the original Senate Republican Communications Center press release. [Source: Media Matters]Fox News anchor Jon Scott, co-anchor of the “straight news” program Happening Now, uses research provided in a Senate Republican Communications Center (SRCC) press release to make dubious claims about how the Obama economic recovery plan “grew, and grew, and grew” over time. While Scott reports the claims, Fox displays seven graphics illustrating them. The graphics’ textual content hews so closely to the SRCC’s press release that it even repeats a typographical error found in the original memo. Scott and the on-air graphics cite the SRCC’s original sources for their information, which include Politico, the Congressional Quarterly, the Denver Post, the Washington Times, the New York Times, and the Wall Street Journal, but neither Scott nor the graphics acknowledge the SRCC as the source of the research. The typo is in the seventh and last graphic, incorrectly citing the date of a Wall Street Journal article as “12/19/09.” The next day, Scott apologizes, but only for the typo, prompting Washington Post media critic and CNN host Howard Kurtz to say: “We sometimes jab at the pundits for using talking points, but in the case of Fox News anchor Jon Scott, it was literally true this week.… You should be apologizing for using partisan propaganda from the GOP without telling your viewers where it came from. Talk about missing the point” (see October 13, 2009). [Media Matters, 2/10/2009; Media Matters, 2/15/2009]

Entity Tags: Howard Kurtz, Fox News, Jon Scott, Senate Republican Communications Center

Timeline Tags: Domestic Propaganda

Secretary of State Hillary Clinton says she is not sure whether North Korea actually has a secret program to enrich uranium, as the Bush administration had long claimed. She adds that she intends to persuade Pyongyang to give up the weapons-grade plutonium it does possess. “There is a debate within the intelligence community as to exactly the extent of the highly-enriched-uranium program,” she says. “My goal is the denuclearization of North Korea,” she continues. “That means a verifiably complete accounting of whatever programs they have and the removal of the reprocessed plutonium that they were able to achieve because they were given the opportunity to do so.… When they move forward” on ending the program, “we have a great openness to working with them, [and] a willingness to help the people of North Korea.”
Broadening Focus Beyond Uranium Possession - The claim of the uranium program led to the Bush administration’s rejection of the 1994 agreement that kept the North Korean nuclear weapons program in check (see October 21, 1994), she says: “The Agreed Framework was torn up on the basis of the concerns about the highly-enriched-uranium program. There is no debate that, once the Agreed Framework was torn up, the North Koreans began to reprocess plutonium with a vengeance because all bets were off. The result is they now have nuclear weapons, which they did not have before.” When the Bush administration withdrew from the Agreed Framework (see October 20, 2002), Clinton says, North Korea restarted its plutonium-based reactor at Yongbyon and now has enough material for at least a half-dozen nuclear weapons. A 2006 nuclear test by the North Koreans prompted Bush officials to reopen negotiations and eventually craft a new agreement remarkably similar to the Agreed Framework (see February 8, 2007 and After). Most Asian nations are expected to welcome Clinton’s new position on the uranium issue, as they thought the Bush administration had put too much emphasis on North Korea’s uranium possession. [Washington Post, 2/15/2009] Clinton also warns North Korea not to test-fire a long-range ballistic missile (see February 15, 2009).
'Old Wine in a New Bottle' - The senior editorial writer for South Korea’s Hankyoreh newspaper, Jungsoo Jang, calls the Clinton proposal little more than “old wine in a new bottle,” writing: “Of course, the side by side denuclearization and normalization plan elucidated by Clinton clearly does represent a considerable change from the Bush administration, which focused on a schematic view of denuclearization first, normalization second. But Clinton’s solution does have limitations, in that normalization of North Korea-US relations cannot be pursued as long as prior issues such as total abolition of nuclear weapons and suspicions about enriched uranium are not neatly resolved.” Jang says that a conflict between a more conservative camp and a more progressive camp in the Obama State Department is currently being won by the conservatives, who favor an emphasis on US-Japanese relations and a more direct, confrontational approach to dealing with North Korea’s nuclear program. [Hankyoreh, 2/16/2009]

Entity Tags: Obama administration, Hillary Clinton, Bush administration (43), US Department of State, Jungsoo Jang

Timeline Tags: US International Relations

In a speech at the Nixon Center, neoconservative guru Richard Perle (see 1965 and Early 1970s) attempts to drastically rewrite the history of the Bush administration and his role in the invasion of Iraq. The Washington Post’s Dana Milbank writes that listening to Perle gave him “a sense of falling down the rabbit hole.” Milbank notes: “In real life, Perle was the ideological architect of the Iraq war and of the Bush doctrine of preemptive attack (see 1987-2004, Late December 2000 and Early January 2001, March, 2001, Shortly After September 11, 2001, September 15, 2001, September 19-20, 2001, November 14, 2001, November 14, 2001, November 18-19, 2001, May 2002, August 16, 2002, November 20, 2002, January 9, 2003, February 25, 2003, and March 27, 2003). But at yesterday’s forum of foreign policy intellectuals, he created a fantastic world in which:
bullet Perle is not a neoconservative.
bullet Neoconservatives do not exist.
bullet Even if neoconservatives did exist, they certainly couldn’t be blamed for the disasters of the past eight years.” [Washington Post, 2/20/2009]
Perle had previously advanced his arguments in an article for National Interest magazine. [National Interest, 1/21/2009]
'No Such Thing as a Neoconservative Foreign Policy' - Perle tells the gathering, hosted by National Interest: “There is no such thing as a neoconservative foreign policy. It is a left critique of what is believed by the commentator to be a right-wing policy.” Perle has shaped the nation’s foreign policy since 1974 (see August 15, 1974, Early 1976, 1976, and Early 1981). He was a key player in the Reagan administration’s early attempts to foment a nuclear standoff with the Soviet Union (see Early 1981 and After, 1981 and Beyond, September 1981 through November 1983, May 1982 and After, and October 11-12, 1986). Perle denies any real involvement with the 1996 “Clean Break” document, which Milbank notes “is widely seen as the cornerstone of neoconservative foreign policy” (see July 8, 1996 and March 2007). Perle explains: “My name was on it because I signed up for the study group. I didn’t approve it. I didn’t read it.” In reality, Perle wrote the bulk of the “Clean Break” report. Perle sidesteps questions about the letters he wrote (or helped write) to Presidents Clinton and Bush demanding the overthrow of Saddam Hussein (see January 26, 1998, February 19, 1998, and September 20, 2001), saying, “I don’t have the letters in front of me.” He denies having any influence on President Bush’s National Security Strategy, which, as Milbank notes, “enshrin[ed] the neoconservative themes of preemptive war and using American power to spread freedom” (see May 1, 2001), saying: “I don’t know whether President Bush ever read any of those statements [he wrote]. My guess is he didn’t.” Instead, as Perle tells the audience: “I see a number of people here who believe and have expressed themselves abundantly that there is a neoconservative foreign policy and it was the policy that dominated the Bush administration, and they ascribe to it responsibility for the deplorable state of the world. None of that is true, of course.” Bush’s foreign policy had “no philosophical underpinnings and certainly nothing like the demonic influence of neoconservatives that is alleged.” And Perle claims that no neoconservative ever insisted that the US military should be used to spread democratic values (see 1965, Early 1970s, Summer 1972 and After, August 15, 1974, 1976, November 1976, Late November, 1976, 1977-1981, 1981 and Beyond, 1984, Late March 1989 and After, 1991-1997, March 8, 1992, July 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997, November 12, 1997, January 26, 1998, February 19, 1998, May 29, 1998, July 1998, February 1999, 2000, September 2000, November 1, 2000, January 2001, January 22, 2001 and After, March 12, 2001, Shortly After September 11, 2001, September 20, 2001, September 20, 2001, September 20, 2001, September 24, 2001, September 25-26, 2001, October 29, 2001, October 29, 2001, November 14, 2001, November 20, 2001, November 29-30, 2001, December 7, 2001, February 2002, April 2002, April 23, 2002, August 6, 2002, September 4, 2002, November 2002-December 2002, November 12, 2002, February 2003, February 13, 2003, March 19, 2003, December 19, 2003, March 2007, September 24, 2007, and October 28, 2007), saying, “I can’t find a single example of a neoconservative supposed to have influence over the Bush administration arguing that we should impose democracy by force.” His strident calls for forcible regime change in Iran were not what they seemed, he says: “I’ve never advocated attacking Iran. Regime change does not imply military force, at least not when I use the term” (see July 8-10, 1996, Late Summer 1996, November 14, 2001, and January 24, 2004).
Challenged by Skeptics - Former Reagan administration official Richard Burt (see Early 1981 and After and May 1982 and After), who challenged Perle during his time in Washington, takes issue with what he calls the “argument that neoconservatism maybe actually doesn’t exist.” He reminds Perle of the longtime rift between foreign policy realists and neoconservative interventionists, and argues, “You’ve got to kind of acknowledge there is a neoconservative school of thought.” Perle replies, “I don’t accept the approach, not at all.” National Interest’s Jacob Heilbrunn asks Perle to justify his current position with the title of his 2003 book An End to Evil. Perle claims: “We had a publisher who chose the title. There’s hardly an ideology in that book.” (Milbank provides an excerpt from the book that reads: “There is no middle way for Americans: It is victory or holocaust. This book is a manual for victory.”) Perle blames the news media for “propagat[ing] this myth of neoconservative influence,” and says the term “neoconservative” itself is sometimes little more than an anti-Semitic slur. After the session, the moderator asks Perle how successful he has been in making his points. “I don’t know that I persuaded anyone,” he concedes. [Washington Post, 2/20/2009]
'Richard Perle Is a Liar' - Harvard professor Stephen Walt, a regular columnist for Foreign Policy magazine, writes flatly, “Richard Perle is a liar.” He continues: “[K]ey neoconservatives like Douglas Feith, I. Lewis ‘Scooter’ Libby, Paul Wolfowitz, and others [were] openly calling for regime change in Iraq since the late 1990s and… used their positions in the Bush administration to make the case for war after 9/11, aided by a chorus of sympathetic pundits at places like the American Enterprise Institute, and the Weekly Standard. The neocons were hardly some secret cabal or conspiracy, as they were making their case loudly and in public, and no serious scholar claims that they ‘bamboozled’ Bush and Cheney into a war. Rather, numerous accounts have documented that they had been openly pushing for war since 1998 and they continued to do so after 9/11.… The bottom line is simple: Richard Perle is lying. What is disturbing about this case is is not that a former official is trying to falsify the record in such a brazen fashion; Perle is hardly the first policymaker to kick up dust about his record and he certainly won’t be the last. The real cause for concern is that there are hardly any consequences for the critical role that Perle and the neoconservatives played for their pivotal role in causing one of the great foreign policy disasters in American history. If somebody can help engineer a foolish war and remain a respected Washington insider—as is the case with Perle—what harm is likely to befall them if they lie about it later?” [Foreign Policy, 2/23/2009]

Entity Tags: Richard Perle, Jacob Heilbrunn, Lewis (“Scooter”) Libby, George W. Bush, Douglas Feith, Dana Milbank, Bush administration (43), Stephen Walt, Paul Wolfowitz, Richard Burt

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

Fox News talk show host Glenn Beck has a special segment called “War Games” during the week’s broadcasts. In today’s show, he is joined by former CIA analyst Michael Scheuer (see February 1996) and retired Army Sergeant Major, Tim Strong. The three discuss what they say is the upcoming “civil war” in America, which, they assert, will be led by “citizen militias” made up of principled, ideologically correct conservatives. Beck says that he “believes we’re on this road.” The three decide among themselves that the US military would refuse to obey President Obama’s orders to subdue the insurrection and would instead join with “the people” in “defending the Constitution” against the government. [Salon, 2/22/2009] Conservative commentator Michelle Malkin’s blog “Hot Air” features an entry that calls Beck’s rhetoric “implausible” and “nutty.” [Hot Air, 2/22/2009]

Entity Tags: Michael Scheuer, Michelle Malkin, Tim Strong, Fox News, Glenn Beck

Timeline Tags: Domestic Propaganda, US Domestic Terrorism, 2010 Elections

Retired Major General Anthony Taguba, who headed an intensive military investigation into the abuses at Abu Ghraib prison (see March 9, 2004), is one of the most prominent supporters of the call to investigate the Bush administration’s interrogation, detention, and torture policies. Taguba joins 18 human rights organizations, former State Department officials, former law enforcement officers, and former military leaders in asking President Obama to create a non-partisan commission to investigate those abuses. Even though prosecuting former Bush officials might be difficult, Taguba says, a commission would provide some measure of accountability for the practices Taguba calls “misguided,” “illegal,” “despicable and questionable.” Taguba wants the commission to study the Bush administration’s claims that torture provides good intelligence, which he disputes. He particularly wants the commission to investigate administration officials’ claims that the administration’s policies were legal. Taguba says he supports “a structured commission with some form of authority with clear objectives and a follow-on action plan. I’m not looking for anything that is prosecutorial in nature, unless a suspected violation of relevant laws occurred, which should be referred to the Department of Justice.… In my opinion, our military prosecuted those who were involved in torture or unlawful interrogation. And I think our military has come to terms with that. We are an institution that prides itself on taking corrective action immediately, admitting to it, and holding ourselves accountable. And we have done that. But I am not so sure that our civilian authorities in government have done that for themselves.” Speaking about the Bush Justice Department’s findings that torture and indefinite detentions are legal (see Late September 2001, November 11-13, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002), Taguba says: “This notion that a lot of constitutional legal experts—lawyers with great intellect, well educated—came up with such despicable and questionable legal findings that were contrary to the definition of defending the Constitution? And then they framed this as if the executive branch had the authority to extend beyond the constitution to establish a policy of torture and illegal detention?… Some of those that were tortured were innocent. How do we come to terms with those that were cruelly mistreated and were innocent, never charged, were illegally detained, and never compensated for their suffering? This is not a political issue, but a moral and ethical dilemma which has far-reaching implications.” [Salon, 2/21/2009]

Entity Tags: Antonio M. Taguba

Timeline Tags: Torture of US Captives

White House officials give the press a broad outline of President Obama’s ambitious arms-control agenda. Obama’s plan calls for dramatic cuts in both US and Russian nuclear arsenals, an end to a Bush administration plan for a more advanced nuclear warhead, the ratification of a global treaty banning underground nuclear testing, and a worldwide ban on the production of nuclear weapons material. The long-term goal, officials say, is “a world without nuclear weapons” in which the US leads by example. Obama’s plans are striking departures from the Bush administration agenda, which had little use for arms-control treaties (see May 24, 2002 and Late May 2005) and pulled out entirely from the anti-ballistic missile treaty with Russia (see December 13, 2001). Obama has said his plans are based in part on the work of the bipartisan Nuclear Security Project, headed by former Democratic Senator Sam Nunn, former Clinton administration Defense Secretary William Perry, and former Republican Secretaries of State Henry Kissinger and George Shultz.
Criticism - Some conservative organizations and members of the national security community warn that Obama’s proposals could weaken US security. Henry Sokolski, a member of the bipartisan US Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism and an advocate of limited arms reduction, says: “This brave new, nuclear world may be anything but peaceful. As the qualitative and quantitative differences between nuclear weapons states become smaller, rivalries are likely to become much more dangerous.” The Heritage Foundation’s Baker Strang says of the Obama administration: “The problem is that they are betting the physical survival of the US on nothing more than the hope that other nuclear-armed states and any states or non-state actors that join the nuclear club will follow suit by disarming. This gamble involves the highest possible stakes and has an exceedingly low likelihood of success.” And neoconservative Frank Gaffney, a Defense Department official during the Reagan administration and president of the Center for Security Policy, says, “Every other declared nuclear weapon state is modernizing its stockpile and the most dangerous wannabes—North Korea and Iran—are building up their offensive missile capabilities and acquiring as quickly as possible the arms to go atop them.” Obama may also face opposition from within his Cabinet; Defense Secretary Robert Gates, a Republican holdover from the Bush administration, wants to implement the Reliable Replacement Warhead program (see January 26, 2009), a nuclear warhead replacement program that Obama opposes.
Support - Obama’s plan has strong support among Congressional Democrats: Representative Ellen Tauscher (D-CA), who heads the House subcommittee overseeing US nuclear forces, says that reducing US and Russian arsenals, negotiating a treaty to end production of new nuclear weapons material, and ratifying the test ban pact “are all achievable goals. The debate is at a point where it is a question about when we achieve these goals, not if,” she says. Ultimately, achieving Obama’s goals will be difficult, says nonproliferation expert Joseph Cirincione. “It is going to require a herculean effort,” he says. “It is completely doable, but it will require the sustained attention of the president himself.” [Boston Globe, 2/22/2009]

Entity Tags: Joseph Cirincione, Frank Gaffney, Ellen Tauscher, Barack Obama, Baker Strang, George Shultz, Henry Sokolski, Robert M. Gates, Sam Nunn, US Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, William Perry, Nuclear Security Project, Obama administration, Henry A. Kissinger

Timeline Tags: US International Relations

Cover of Grabe and Bucy’s ‘Image Bite Politics.’Cover of Grabe and Bucy’s ‘Image Bite Politics.’ [Source: University of Indiana]An Indiana University study shows that the three American broadcast networks, ABC, CBS, and NBC, systematically favored Republicans in their election news coverage from 1992 through 2004. The study is presented by two professors in the Department of Telecommunications, Maria Elizabeth Grabe and Erik Bucy, and is published in book form, entitled Image Bite Politics: News and the Visual Framing of Elections. The Indiana University press release notes, “Their research runs counter to the popular conventional notion of a liberal bias in the media in favor of Democrats and against Republican candidates.” Grabe says: “We don’t think this is journalists conspiring to favor Republicans. We think they’re just so beat up and tired of being accused of a liberal bias that they unknowingly give Republicans the benefit in coverage. It’s self-censorship that journalists might be imposing on themselves.”
Focusing on 'Image Bites' - Grabe and Bucy focused on visual coverage of presidential candidates. Between 1992 and 2004, they found, candidates were shown more visually over the years, in what the authors call “image bites,” while their verbal statements, or “sound bites,” steadily decreased in average length. Grabe and Bucy examined 62 hours of broadcast news coverage, totaling 178 newscasts, between Labor Day and Election Day over four US presidential elections between 1992 and 2004. Cable news outlets such as CNN and Fox News were not included in the study. The professors are now examining broadcast coverage for the 2008 election.
Favoritism in Visual Coverage - According to the press release: “Grabe and Bucy found the volume of news coverage focusing exclusively on each party—one measure of media bias—favored Republicans. Their research found there were more single-party stories about Republicans overall and in each election year except 1992. When they studied the time duration of these stories, no pattern of favoritism was evident. But they did spot differences when they studied visual coverage, that is, with the volume turned down.” Grabe and Bucy note: “Reporters do exercise control over production decisions. The internal structure of news stories—their placement in the newscast, editing techniques and manipulations related to camera angles, shot lengths, eyewitness perspectives and zoom movements—is at the volition of news workers, free of the influence of image handlers.”
Editing Techniques Favor Republicans - The authors examined several “visual packaging techniques” used in editing a film of a candidate. Two techniques worthy of note were the “lip-flap shot,” in which a reporter narrates over a video of the candidate talking, and the “Goldilocks effect,” wherein a candidate gets the last word in a piece and thus is better remembered by viewers. The “lip-flap shot” is considered so negative for a candidate that it is considered a “violation of professional television news production standards,” according to the authors. Both techniques were employed to the benefit of Republicans, the authors report. Democrats were more apt to be subjected to “lip-flapping,” while Republicans more often got the last word in (except in 2004, when the “Goldilocks effect” was relatively even-handed). Other techniques that are considered detrimental to candidates are extreme close-ups, with a face filling the screen, and long-distance shots. In general, both techniques were used to affect Democrats more often than Republicans. And Republicans garnered more favorable views with such techniques as low-angle camera shots, which the authors say demonstrably “attribute power and dominance to candidates in experimental studies.” Most professional cameramen and journalists are trained not to use low-angle or high-angle shots, says Grabe, and instead to favor more neutral eye-level shots. She notes: “It takes the same amount of time to rig a camera for a low-angle shot as for a more neutral eye-level shot. It doesn’t take any extra effort to be professionally unbiased. There is evidence that the pattern favoring Republicans is stable across networks, because there are no statistically significant differences between them.”
Impact on Poll Numbers - The impact of these negative and positive “packaging” techniques on daily polls was measurable, Grabe says: “When negative packaging over time spiked for a candidate, public opinion generally went down. You can observe the same inverse trend. When detrimental packaging subsides, public opinion is at its highest point. In experimental research, these production features have been shown to have an impact—now we have indications that they have broad impact on public opinion.”
Conclusion - Bucy concludes: “Visuals are underappreciated in news coverage. You can have a negative report. You can have the journalist being opinionated against the candidate. But if you’re showing favorable visuals, that outweighs the net effect on the viewer almost every single time.” [University of Indiana, 2/24/2009]

Entity Tags: Erik Bucy, ABC News, CNN, University of Indiana, NBC News, Maria Elizabeth Grabe, CBS News, Fox News

Timeline Tags: Domestic Propaganda

Two of the signs being carried by ‘tea party’ protesters at the Santa Monica event.Two of the signs being carried by ‘tea party’ protesters at the Santa Monica event. [Source: GayPatriot (.net)]Yasha Levine, co-author of a Playboy article alleging that the Rick Santelli “tea party” “rant” on CNBC was part of a pre-planned rollout of corporate-funded tea party organizations (see February 27, 2009), attends a tea party event at the Santa Monica pier. The event, planned as a “spontaneous” citizen protest of the Obama administration’s economic policies, was planned and supervised by Tony Katz, who organized it through a Facebook page. The event is planned to last 45 minutes, and consists of a quick “meet and greet,” three keynote speakers (an actor, a writer, and a comedian), and as a finale, a quick teabagging ceremony. Levine says the event’s timing is not conducive to attracting large numbers of protesters, being as it takes place at the beginning of a workday. However, she notes, it is quite conducive for media coverage: journalists would “get the material and be back in the office before noon, enough time to write and edit their segments to appear that same day.” Levine arrives late, but in time to witness Katz finishing his closing speech and event organizers passing out tea bags. She estimates the crowd size at about 50, “not what you would expect from a grassroots movement that supposedly tsunamied so fast that a whole network materialized in just a few days” (see February 19-21, 2009). Some protesters hold anti-Obama signs, others wave signs with anti-tax slogans. At least a third of the crowd, Levine writes, is made up of reporters and other “media types.” At 9:35, Katz exhorts the crowd to throw their tea bags into a pot of water (as throwing them in the ocean constitutes littering) and scream out their anti-tax demands. Levine observes: “It was a total sham, a front in order to get TV facetime. It worked, too. Fox News sent a camera crew. So did NBC. Koch [the Koch family, whom Levine has accused of clandestinely funding many tea party organizations] was teabagging the media, and the media loved it.” [Yasha Levine, 2/27/2009]

Entity Tags: Tony Katz, CNBC, Fox News, Fred Koch, Yasha Levine, Rick Santelli, NBC News

Timeline Tags: Domestic Propaganda

Some of the Justice Department memos released today.Some of the Justice Department memos released today. [Source: Los Angeles Times]The Department of Justice releases nine memos written after the 9/11 attacks that claimed sweeping, extraconstitutional powers for then-President Bush. The memos, written primarily by John Yoo of the Office of Legal Counsel (OLC), claim that Bush could, if he desired, order military raids against targets within the US, and order police or military raids without court warrants (see October 23, 2001). The only justification required would be that Bush had declared the targets of such raids to be suspected terrorists. Other powers the president had, according to the memos, were to unilaterally abrogate or abandon treaties with foreign countries, ignore Congressional legislation regarding suspected terrorists in US detention (see March 13, 2002), suspend First Amendment rights to freedom of speech and information dissemination (see October 23, 2001), and conduct a program of warrantless domestic surveillance (see September 25, 2001). In January, an opinion issued by the OLC claimed that the opinions of the earlier memos had not been acted upon since 2003, and were generally considered unreliable (see January 15, 2009). Attorney General Eric Holder, who signed off on the release of the memos, says: “Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that thought misguided, I fear that in actuality it does more harm than good.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; US Department of Justice, 3/2/2009; US Department of Justice, 3/2/2009; New York Times, 3/2/2009]
Memos Laid Groundwork for Warrantless Wiretapping - Though many of the powers said to belong to the president in the memos were never exercised, the assertions led to the warrantless wiretapping of US citizens (see December 15, 2005 and Spring 2004) and the torture of detained terror suspects. [Newsweek, 3/2/2009]
'How To ... Evade Rule of Law' - Senate Judiciary Committee Chairman Patrick Leahy (D-VT) says the memos begin “to provide details of some of the Bush administration’s misguided national security policies” that have long been withheld from public scrutiny. Jennifer Daskal of Human Rights Watch says the memos collectively “read like a how-to document on how to evade the rule of law.” [Washington Post, 3/3/2009] Kate Martin of the Center for National Security Studies says that the memos were part of a larger effort “that would basically have allowed for the imposition of martial law.” [Newsweek, 3/2/2009]
'Tip of Iceberg' - The memos are, according to a former Bush administration lawyer, “just the tip of the iceberg” in terms of what the Bush administration authorized. Jameel Jaffer of the American Civil Liberties Union (ACLU) says the Bush administration memos “essentially argue that the president has a blank check to disregard the Constitution during wartime, not only on foreign battlefields, but also inside the United States.” [Los Angeles Times, 3/3/2009] The ACLU, which has sued to obtain these and other memos, applauds the release of the documents, and says it hopes this is the first step in a broader release. [Reuters, 3/2/2009]

Entity Tags: Eric Holder, Jennifer Daskal, Patrick J. Leahy, Office of Legal Counsel (DOJ), Jameel Jaffer, Kate Martin, John C. Yoo, Bush administration (43), American Civil Liberties Union, US Department of Justice

Timeline Tags: Civil Liberties

Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]

Entity Tags: National Security Agency, US Department of Justice, Office of Legal Counsel (DOJ), Scott Horton, Steven Bradbury, George W. Bush, Jose Padilla, Bush administration (43), Defense Intelligence Agency, John C. Yoo

Timeline Tags: Civil Liberties

Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. [Public Record, 3/6/2009]

Entity Tags: John Durham, Abd al-Rahim al-Nashiri, Abu Zubaida, Central Intelligence Agency, American Civil Liberties Union, Lev Dassin, Amrit Singh, Jane Mayer

Timeline Tags: Torture of US Captives

Conservative pundit Ann Coulter tells a New York Times reporter that the editorial staff of the Times—which she brands the “Treason Times”—should have been executed for treason for revealing the Bush administration’s warrantless wiretapping program (see December 15, 2005). Coulter responded to a set of questions e-mailed to her regarding her upcoming debates with political satirist Bill Maher. Asked if she believes she speaks for the conservative movement, for her own fan base, or someone else, she answers, “I think I speak for all Americans who think newspaper editors who print the details of top secret anti-terrorist intelligence gathering programs on page one in wartime should be executed for treason.” [New York Times, 3/9/2009]

Entity Tags: New York Times, Ann Coulter, Bush administration (43)

Timeline Tags: Civil Liberties, Domestic Propaganda

Reporter Seymour Hersh speaking at a 2007 forum on the media in Doha, Qatar.Reporter Seymour Hersh speaking at a 2007 forum on the media in Doha, Qatar. [Source: Reuters / Fadi Al-Assaad / MinnPost (.com)]In a wide-ranging seminar with former Democratic Vice President Walter Mondale and investigative journalist Seymour Hersh at the University of Minnesota, Hersh claims that he has evidence that the US operated what he calls an “executive assassination wing” during the Bush administration, perhaps controlled by the office of then Vice President Dick Cheney. [MinnPost (.com), 3/11/2009] (Hersh will later say he used the word “wing,” but it was widely misreported as “ring” in the media.) [CNN, 3/30/2009] Hersh says he will explain his charges more fully in an upcoming book. When asked about recent instances of a president exceeding his constitutional authority, Hersh gives a response that moves from CIA activities, through the Joint Special Operations Command, to the alleged “assassination wing”: “After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet. Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command—JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the Joint Chiefs of Staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him.… Congress has no oversight of it. It’s an executive assassination wing essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths. Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us. It’s complicated because the guys doing it are not murderers, and yet they are committing what we would normally call murder. It’s a very complicated issue. Because they are young men that went into the Special Forces. The Delta Forces you’ve heard about. Navy Seal teams. Highly specialized. In many cases, they were the best and the brightest. Really, no exaggerations. Really fine guys that went in to do the kind of necessary jobs that they think you need to do to protect America. And then they find themselves torturing people. I’ve had people say to me—five years ago, I had one say: ‘What do you call it when you interrogate somebody and you leave them bleeding and they don’t get any medical committee and two days later he dies. Is that murder? What happens if I get before a committee?’ But they’re not gonna get before a committee.” Mondale says of Cheney and his office that “they ran a government within a government.” Hersh adds, “Eight or nine neoconservatives took over our country.” Mondale notes that the precedents of abuse of vice presidential power by Cheney would remain “like a loaded pistol that you leave on the dining room table.” [MinnPost (.com), 3/11/2009] CIA spokesman George Little responds to Hersh’s allegation by writing: “I saw your story on Seymour Hersh’s recent allegations regarding CIA activities since 9/11. If you wish, you can attribute the quoted portion that follows to me, in name, as a CIA spokesman: ‘This is utter nonsense.’” [MinnPost (.com), 3/12/2009]

Entity Tags: Seymour Hersh, William H. McRaven, Joint Special Operations Command, George W. Bush, George Little, Central Intelligence Agency, Walter Mondale, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Former Nixon White House counsel John Dean says that the allegation of an “executive assassination wing,” as recently made by investigative reporter Seymour Hersh (see March 10, 2009), could well be a war crime if it is true. Both Dean and MSNBC host Keith Olbermann note that if true, Cheney’s actions could well violate a 1976 executive order that states in part, “No employee of the United States government shall engage in or conspire to engage in political assassination.” Dean says: “[F]ighting terrorism is not dealing with tiddlywinks. We want our government to deal with the most effective tools they have. But they also have to be legal. The executive order, really, is nothing more than direction to the executive branch and the presidency is the only one who you can even argue might have the authority to engage in assassinations. It’s an unresolved question. So, it’s potentially a war crime, it’s potentially just outright murder, and it could clearly be in violation of the Ford executive order.” In the same broadcast, author and political analyst Howard Fineman says of Hersh’s report: “In checking around in the intelligence community today, I can say this, you know, Seymour Hersh is somebody they respect. They don’t always trust. But they put it this way, as one of them said to me, ‘Look, I don’t know anything about this specifically at all, but I wouldn’t dismiss what Sy Hersh is saying without checking carefully.’ That’s their backhanded way of saying it’s worth looking into, for sure.” [MSNBC, 3/12/2009]

Entity Tags: Seymour Hersh, Howard Fineman, John Dean, Keith Olbermann, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

9/12 Project logo.9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” [Media Matters, 3/13/2009; Media Matters, 9/11/2009] Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. [SaveTheRich (.com), 4/17/2009; Media Matters, 9/11/2009]

Entity Tags: Glenn Beck, 9/12 Project, Chuck Norris, FreedomWorks, Steve (“Stu”) Burguiere, Fox News, SaveTheRich

Timeline Tags: Domestic Propaganda, 2010 Elections

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

Entity Tags: Khallad bin Attash, Khalid Shaikh Mohammed, Bush administration (43), Barack Obama, Abu Zubaida, New York Review of Books, Central Intelligence Agency, George W. Bush, Geneva Conventions, John Ashcroft, International Committee of the Red Cross, Mark Danner

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Martha MacCallum.Martha MacCallum. [Source: The Activity Pit]Fox News anchor Martha MacCallum, host of Fox’s “straight news” show The Live Desk, airs clips of Vice President Joseph Biden taken during a September 2008 campaign event to falsely imply that Biden is contradicting the Obama administration’s current stance on the economy. MacCallum tells viewers that “after weeks of economic doom and gloom, the Obama administration is now singing a slightly different tune. Take a look at what was said in recent interviews this weekend.” Fox then airs a clip of Biden telling an audience, “The fundamentals of the economy are strong.” The clip is not from an interview held over the weekend, but from a campaign event held seven months before. MacCallum does not inform her viewers of the timing of the clip, nor does she note that Biden was criticizing Republican presidential candidate John McCain’s economic views, which he characterized as unrealistically rosy. Instead, she goes on to claim that the administration has fundamentally, and dishonestly, shifted its views on the economy from a positive campaign outlook to a more “doom and gloom” viewpoint. In the September 2008 campaign rally, Biden told a Michigan audience: “I believe that’s why John McCain could say with a straight face, as recently as this morning—and this is a quote, ‘The fundamentals of the economy are strong.’ That’s what John says. He says that ‘we’ve made great progress economically’ in the Bush years.… I could walk from here to Lansing, and I wouldn’t run into a single person who thought our economy was doing well, unless I ran into John McCain.” Alongside the Biden clip, Fox also airs footage of Austan Goolsbee, a member of the White House Council of Economic Advisers. On March 15, Goolsbee told a Fox News Sunday audience that “the core strength of the economy is middle-class workers.” Fox airs that clip immediately after the Biden clip. What it does not air is Goolsbee’s statement just after the broadcast statement, in which he said, “Over the last eight years, before this president came into office, we saw an unbelievable squeeze on the middle class like nothing we have seen in decades.” MacCallum uses the clips to accuse the Obama administration of “singing… a bit of a different tune” now than during the campaign. [Media Matters, 3/16/2009] The next day, MacCallum apologizes for asserting the seven-month-old clip was recent. She tells viewers that Fox News “inadvertently used a piece of video of Vice President Biden saying that, quote, the fundamentals of the economy are strong. This video was from the campaign trail, when the vice president was a candidate, and was actually quoting Senator John McCain. When we get something wrong, we admit it. We did so yesterday, and for that, we apologize” (see October 13, 2009). [Media Matters, 3/17/2009]

Entity Tags: Austan Goolsbee, Fox News, John McCain, Martha MacCallum, Council of Economic Advisers, Obama administration, Joseph Biden

Timeline Tags: Domestic Propaganda

The F-22 Raptor.The F-22 Raptor. [Source: AeroSpaceWeb (.org)]According to the Boston Globe, Defense Secretary Robert Gates is preparing to announce sweeping cuts in weapons programs over the following months. Gates, the only holdover in the Obama administration from the Bush cabinet, said before President Bush left office that the US “cannot expect to eliminate national security risks through higher defense budgets, to do everything and buy everything.” Whoever President Obama’s new defense secretary might be, he then said, would have to eliminate some costly hardware and invest in new tools for fighting insurgents. At that point, Gates did not know that he would be asked to stay on as defense secretary.
Scope of Cuts - Senior defense officials say that the impending program cuts will be the largest since the end of the Cold War, during the administrations of Ronald Reagan and George H. W. Bush. About a half-dozen programs will be canceled, including the Air Force’s F-22 fighter jet, a new Navy destroyer, Army ground combat vehicles, and other programs such as aircraft carriers and new nuclear weapons.
Gates' Role - The Globe reports: “As a former CIA director with strong Republican credentials, Gates is prepared to use his credibility to help Obama overcome the expected outcry from conservatives. And after a lifetime in the national security arena, working in eight administrations, the 65-year-old Gates is also ready to counter the defense companies and throngs of retired generals and other lobbyists who are gearing up to protect their pet projects.” Pentagon spokesman Geoff Morrell says, “He has earned a great deal of credibility over the past two years, both inside and outside the Pentagon, and now he is prepared to use it to lead the department in a new direction and bring about the changes he believes are necessary to protect the nation’s security.”
Support - James Shinn, who served under Gates as an assistant defense secretary in the Bush administration, says Gates is perhaps the only person in Washington who can make such drastic cuts happen: “He obviously has huge credibility as something of a hawk. No one can even remotely challenge Gates in terms of his well-informed and conservative approach toward threats and the weapon systems associated with threats.” Longtime Washington official Brent Scowcroft, one of Gates’ closest friends and mentors, says: “He is going to have a hard time. The resistance in the system is heavy. But that what Bob is trying to take on.”
Potential Opposition - However, any cuts will face strong opposition from defense contractors and members of Congress whose districts rely on defense monies. “There are so many people employed in the industry and they are spread across the country,” says William Cohen, a Republican who served as defense secretary in the Clinton administration. “Even though members of Congress may say, ‘It’s great that you are recommending the termination of X, Y, and Z,’ they will also say ‘that means 4,000 jobs in my state. Frankly, I can’t go along with that.’” The declining economy makes such arguments even more compelling, Cohen adds. [Boston Globe, 3/17/2009]

Entity Tags: James Shinn, Brent Scowcroft, Barack Obama, Bush administration (43), George W. Bush, US Department of Defense, William S. Cohen, Obama administration, Robert M. Gates, Geoff Morrell

Timeline Tags: US Military

Condoleezza Rice on the Charlie Rose show.Condoleezza Rice on the Charlie Rose show. [Source: PBS]Former Secretary of State Condoleezza Rice tells PBS’s Charlie Rose that “no one” in the White House ever asserted that Saddam Hussein had any connections to 9/11. Rose says, “But you didn’t believe [the Hussein regime] had anything to do with 9/11.” Rice replies: “No. No one was arguing that Saddam Hussein somehow had something to do with 9/11.… I was certainly not. The president was certainly not.… That’s right. We were not arguing that.” Rice refuses to answer Rose’s question asking if former Vice President Dick Cheney ever tried to make the connection. In reality, former President Bush and his top officials, including Cheney and Rice, worked diligently to reinforce a connection between Iraq and 9/11 in the public mind before the March 2003 invasion (see (Between 10:30 a.m. and 12:00 p.m.) September 11, 2001, Shortly After September 11, 2001, Shortly After September 11, 2001, After September 11, 2001, Mid-September, 2001, September 17, 2001, September 19, 2001, September 20, 2001, September 28, 2001, November 6-8, 2001, December 9, 2001, 2002-March 2003, March 19, 2002, June 21, 2002, July 25, 2002, August 2002, August 20, 2002, September 12, 2002, September 16, 2002, September 21, 2002, September 25, 2002, September 26, 2002, September 27, 2002, September 28, 2002, October 7, 2002, October 7, 2002, October 15, 2002, December 2, 2002, December 12, 2002, January 26, 2003, January 28, 2003, Early February 2003, February 5, 2003, (2:30 a.m.-9:00 a.m.) February 5, 2003, February 5, 2003, February 6, 2003, February 11 or 12, 2003, and February 17, 2003). [Think Progress, 3/19/2009]

Entity Tags: Saddam Hussein, Bush administration (43), Charlie Rose, Richard (“Dick”) Cheney, George W. Bush, Condoleezza Rice

Timeline Tags: Events Leading to Iraq Invasion

Conservative commentator Bill O’Reilly writes an op-ed that claims, apparently sarcastically, that former Vice President Cheney would have had reporters assassinated if he really controlled a military assassination squad. Responding to the allegations by investigative journalist Seymour Hersh that Cheney controlled an “executive assassination wing” (see March 10, 2009), O’Reilly writes: “The other day, left-wing muckraker Seymour Hersh went on MSNBC and said he had information, provided by the usual anonymous sources, that Dick Cheney was running an assassination squad out of the White House. I have but one simple observation: If Cheney really had such a crew, Hersh would have been dead a long time ago, and so would most everybody at MSNBC.” [Boston Herald, 3/22/2009; Think Progress, 3/22/2009]

Entity Tags: MSNBC, Bill O’Reilly, Richard (“Dick”) Cheney, Seymour Hersh

Timeline Tags: Domestic Propaganda

Bill Hemmer.Bill Hemmer. [Source: New York Daily News]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, hosts several segments touting the April 15 “tea party” protests (see April 8, 2009 and April 15, 2009). Hemmer notes protests in Florida and Ohio that occurred in recent days, and directs viewers to the Web site for America’s Newsroom for more information. He says: “Protesters, well, they waved flags and signs and with slogans like ‘Repeal the Pork’ and ‘Our Bacon is Cooked.’ I say, our bacon is cooked. They’re popping up literally all across the country now.… If you go to our Web site, you will find a growing list of these events, hundreds of photos, and a new tea party anthem that you will hear from the man who wrote it and recorded it next hour. And there’s a list of the nationwide Tax Day tea party events coming up on the 15th of April, which will be a huge deal for those organizations. So check it out online right now” (see October 13, 2009). The song is by Lloyd Marcus of the National Association for the Advancement of Conservative People of Color, who has been on what he tells Hemmer was “a 40-city ‘Stop Obama’ tour.” Marcus’s song is extremely critical of President Obama’s policies and supportive of the “tea parties.” The lyrics are posted on FoxNews.com. [Media Matters, 4/8/2009]

Entity Tags: Fox News, National Association for the Advancement of Conservative People of Color, Lloyd Marcus, Bill Hemmer

Timeline Tags: Domestic Propaganda, 2010 Elections

Logo for the Foreign Policy Initiative.Logo for the Foreign Policy Initiative. [Source: Foreign Policy Initiative]Neoconservatives form a new think tank to rehabilitate their image and regain some of the influence they had under the Bush administration, according to news reports. The Foreign Policy Initiative (FPI) is headed by Weekly Standard publisher William Kristol, foreign policy consultant Robert Kagan, and former Bush administration official Dan Senor. Its first activity will be to sponsor a March 31 conference (see March 31, 2009) pushing for a US “surge” in Afghanistan similar to the one Kagan helped plan for Iraq (see January 2007).
Successor to PNAC - Many see the FPI as the logical successor to Kristol and Kagan’s previous neoconservative organization, the now-defunct Project for the New American Century (PNAC—see January 26, 1998). PNAC’s membership roll included many prominent Bush administration officials, including then-Vice President Dick Cheney and the Defense Department’s top two officials, Donald Rumsfeld and Paul Wolfowitz.
Employees - Information about FPI’s creation is initially sketchy, with the organization deliberately avoiding media attention. Two of its three listed staff members, Jamie Fly and Christian Whiton, are former Bush administration officials, while the third, Rachel Hoff, last worked for the National Republican Congressional Committee.
Mission Statement; Conflict with China, Russia - FPI’s mission statement says that the “United States remains the world’s indispensable nation,” and warns that “strategic overreach is not the problem and retrenchment is not the solution” to Washington’s current financial and strategic woes. It calls for “continued engagement—diplomatic, economic, and military—in the world and rejection of policies that would lead us down the path to isolationism.” The statement lists a number of threats to US security, including “rogue states,” “failed states,” “autocracies,” and “terrorism,” but focuses primarily on the “challenges” posed by “rising and resurgent powers,” of which only China and Russia are named. Kagan has argued that the 21st century will be dominated by an apocalyptic struggle between the forces of democracy, led by the US, and the forces of autocracy, led by China and Russia. He has called for the establishment of a League of Democracies to oppose China and Russia; the FPI statement stresses the need for “robust support for America’s democratic allies.” Apparently, confrontation with China and Russia will be the centerpiece of FPI’s foreign policy stance, a similar position to that taken by the Bush administration before the 9/11 attacks.
Reactions to New Think Tank - Steven Clemons of the New America Foundation says: “This reminds me of the Project for the New American Century. Like PNAC, it will become a watering hole for those who want to see an ever-larger US military machine and who divide the world between those who side with right and might and those who are evil or who would appease evil.” Reporters Daniel Luban and Jim Lobe write, “[T]he formation of FPI may be a sign that its founders hope once again to incubate a more aggressive foreign policy during their exile from the White House, in preparation for the next time they return to political power.” [Inter Press Service, 3/25/2009]

Entity Tags: Jim Lobe, Dan Senor, Christian Whiton, Daniel Luban, Jamie Fly, Rachel Hoff, Steve Clemons, Foreign Policy Initiative, Project for the New American Century, William Kristol, Robert Kagan

Timeline Tags: Neoconservative Influence

Fox News host Sean Hannity and former House Speaker Newt Gingrich (R-GA) join to accuse President Obama of attempting to impose a “dictatorship” in America. Discussing the Obama administration’s plans to implement new financial regulations and oversight, Hannity begins by accusing Obama of “mov[ing] America down the road to socialism.” He asks Gingrich to “explain” to the audience “how dangerous this power grab is.” Gingrich responds: “We are seeing the biggest power grab by politicians in American history. The idea that they would propose that the treasury could intervene and take over non-bank, non-financial system assets gives them the potential to basically create the equivalent of a dictatorship.… Look, it absolutely moves it towards a political dictatorship.” [Think Progress, 3/26/2009]

Entity Tags: Sean Hannity, Barack Obama, Obama administration, Newt Gingrich

Timeline Tags: Domestic Propaganda, 2010 Elections

Fox News host Glenn Beck, on his daily radio show, hosts US Representative Michele Bachmann (R-MN) to discuss her proposed constitutional amendment “to prohibit the president from entering into a treaty or other international agreement that would provide for the United States to adopt as legal tender in the United States a currency issued by an entity other than the United States.” Beck says to Bachmann: “I don’t want to believe that there are people in our country that would trash our dollar like this. And what’s going to happen is if you start to talk about a global currency, which I’m telling you, there’s no way out of what we’re doing now besides devaluing the dollar to pay off our debt and then have a new currency. There’s just no other way.… [W]hat happens is when you stand up, and when you say those things, then you’re deemed a kook. Then you’re deemed a militia member.” Bachmann says later in the interview: “The president is committing us so much now, and Congress is committing us to so much spending, that the only way out will be for him to continue to print money and have wild inflation. And once that collapses, then it’s a global currency. Well, then we are no more as a nation. We cease at that point.” Beck responds: “I believe it. But convincing everybody else may be a different story.” [Glenn Beck, 3/29/2009; Media Matters, 4/10/2009]

Entity Tags: Fox News, Michele Bachmann, Glenn Beck

Timeline Tags: Domestic Propaganda

The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” [Washington Post, 3/29/2009]

Entity Tags: Jose Padilla, Al-Qaeda, Ahmed Ressam, Abu Zubaida, Bush administration (43), Federal Bureau of Investigation, Khalid Shaikh Mohammed, US Department of Justice, Joseph Margulies, Central Intelligence Agency, Noor al-Deen

Timeline Tags: Torture of US Captives

CNN anchor Wolf Blitzer interviews investigative journalist Seymour Hersh, who recently alleged that an “executive assassination wing” operated out of the White House (see March 10, 2009). Blitzer notes that the entity Hersh cited, the Joint Special Operations Command (JSOC), denies Hersh’s claim, and says, in Blitzer’s words, “their forces operate under established rules of engagement and the law of armed conflict.” The JSOC “has no command and control authorities over the US military,” the JSOC has told Blitzer. Additionally, former Bush national security expert Frances Townsend has denied Hersh’s claim.
Not New Reporting - Hersh tells Blitzer that though he has not written specifically about the “assassination wing,” he and others have written about the actions of the JSOC well before now. “[I]t’s a separately independent unit that does not report to Congress, at least in the years I know about.… It has been given executive authority by the president in as many as 12 countries to go in and kill we’re talking about high value targets. That’s absolutely correct.” He says that such actions are not only illegal, but have no basis in intelligence. “The idea that you’re telling a group of American combat soldiers,” he says, “[t]he idea that we have a unit set up who goes after high-value targets who up to a certain point I know for sure until very recently were clearing lists. That doesn’t mean Cheney has an assassination unit that he says I want to go get somebody. That’s how it sort of played out in the press. The idea that we have a unit that goes around and without reporting to Congress, Congress knows very little about this group, can’t get clearings, can’t get hearings, can’t get even a classified hearings on it. Congresspeople have told me this. Those are out and has authority for the president to go into a country without telling the CIA station chief or the ambassador and whack somebody and I’m sorry, Wolf, I have a lot of problems with that.”
Poor Choice of Phrase - Hersh says he regrets using the phrase “executive assassination wing,” because it is a “loaded phrase.” Word choice aside, Hersh says: “It comes down to the same thing, that you can—you’ve delegated authority to troops in the field to hit people on the basis of whatever intelligence they think is good and I can tell you it’s always not good and sometimes things get very bloody.… The bottom line is, it’s—if it were the way your little presentation set up, that everything was checked and cleared, in fact, it was an awful lot of delegation to this group, which does not brief the Congress. And this does raise profound questions of constitutional authority. It’s the same questions that have come up repeatedly in the Bush administration. That is a unitarian president, the notion that a president can do things without telling Congress and unilaterally. This is an extension of that issue.”
Implied Confirmation from Former Cheney Adviser - John Hannah, the former national security adviser to Vice President Cheney, says Hersh’s allegations are “not true,” but in his next statement, he seems to confirm Hersh’s allegations to an extent. Blitzer says: “Explain exactly what’s going on in terms of a list. Is there a list of terrorists, suspected terrorists, out there who can be assassinated?” Hannah replies: “There is—there’s clearly a group of people that go through a very extremely well-vetted process—interagency process, as I think was explained in your piece, that have committed acts of war against the United States, who are at war with the United States, or is suspected of planning operations of war against the United States, who authority is given, to our troops in the field in certain war theaters to capture or kill those individuals. That is certainly true.… Osama bin Laden and his number two are right at the top of the list. [The number of individuals to be assassinated] is a small group and the point is that it is very, very heavily vetted throughout the interagency process.” Hannah says that he has trouble believing that Congress was not aware of actions, presumably including possible assassinations, carried out by the JSOC: “I don’t know exactly what the consultations are with the Congress, but it’s hard for me to believe that those committee chairman and the leadership on the Hill involved in intelligence and armed services, if they want to know about these operations, cannot get that information through the Defense Department.” Asked if such assassinations are legal and Constitutional, Hannah says: “There is no question. And in a theater of war, when we are at war, and there’s no doubt, we are still at war against al-Qaeda in Iraq, al-Qaeda in Afghanistan, and on that Pakistani border, that our troops have the authority to go out after and capture and kill the enemy, including the leadership of the enemy.” [CNN, 3/30/2009; MinnPost (.com), 3/31/2009]

Entity Tags: Osama bin Laden, Frances Townsend, Seymour Hersh, US Department of Defense, Wolf Blitzer, Bush administration (43), Al-Qaeda, Joint Special Operations Command, John Hannah

Timeline Tags: Civil Liberties

Investigative reporter Seymour Hersh discusses his recent allegation that what he calls an “executive assassination wing” was run from the office of former Vice President Dick Cheney (see March 10, 2009). Interviewer Amy Goodman opens her segment with Hersh by playing what was apparently an implicit confirmation, to an extent, of Hersh’s claims from a former Cheney aide (see March 30, 2009). Hersh notes that the comments from the former aide, John Hannah, verify that “yes, we go after people suspected—that was the word he used—of crimes against America. And I have to tell you that there’s an executive order, signed by Jerry Ford, President Ford, in the ‘70s, forbidding such action. It’s not only contrary—it’s illegal, it’s immoral, it’s counterproductive.” Of the allegations that the “assassination wing” is operated through the military’s Joint Special Operations Command (JSOC), Hersh says: “[T]he problem with having military go kill people when they’re not directly in combat, these are asking American troops to go out and find people and… they go into countries without telling any of the authorities, the American ambassador, the CIA chief, certainly nobody in the government that we’re going into, and it’s far more than just in combat areas. There’s more—at least a dozen countries and perhaps more. [President Bush] has authorized these kinds of actions in the Middle East and also in Latin America, I will tell you, Central America, some countries. They’ve been—our boys have been told they can go and take the kind of executive action they need, and that’s simply—there’s no legal basis for it.… [T]he idea that the American president would think he has the constitutional power or the legal right to tell soldiers not engaged in immediate combat to go out and find people based on lists and execute them is just amazing to me.… And not only that, Amy, the thing about George Bush is, everything’s sort of done in plain sight. In his State of the Union address (see 9:01 pm January 28, 2003)… about a month and a half before we went into Iraq, Bush was describing the progress in the war, and he said—I’m paraphrasing, but this is pretty close—he said that we’ve captured more than 3,000 members of al-Qaeda and suspected members, people suspected of operations against us. And then he added with that little smile he has, ‘And let me tell you, some of those people will not be able to ever operate again. I can assure you that. They will not be in a position.’ He’s clearly talking about killing people, and to applause. So, there we are. I don’t back off what I said. I wish I hadn’t said it ad hoc… sometimes when you speak off the top, you’re not as precise.” JSOC, Hersh explains, is a group of Navy Seals, Delta Force soldiers, and other “commandos” (a word the soldiers don’t prefer, but, Hersh says, most journalists use), which has been “transmogrified, if you will, into this unit that goes after high-value targets.” Hersh explains the involvement of Cheney’s office: “And where Cheney comes in and the idea of an assassination ring—I actually said ‘wing,’ but of an assassination wing—that reports to Cheney was simply that they clear lists through the vice president’s office. He’s not sitting around picking targets. They clear the lists. And he’s certainly deeply involved, less and less as time went on, of course, but in the beginning very closely involved.” Goodman concludes by asking, “One question: Is the assassination wing continuing under President Obama?” Hersh replies: “How do I know? I hope not.” [Democracy Now!, 3/31/2009]

Entity Tags: Seymour Hersh

Timeline Tags: Civil Liberties

Alisyn Camerota.Alisyn Camerota. [Source: Fox News]Several media outlets report discredited Republican claims that the Obama administration’s “cap-and-trade” global warming initiative would cost American taxpayers over $3,000 per year. Fox News anchors Eric Shawn and Alisyn Camerota (see October 13, 2009), CNN producer Ted Barrett, and the Washington, DC, newspaper Roll Call repeat the claim, which originated in a March 23 House Republican Conference (HRC) “talking points” press release. [GOP (.gov), 3/23/2009; Media Matters, 4/6/2009] The claim points to a 2007 study by the Massachusetts Institute of Technology, but one of the study’s authors, John Reilly, says the Republicans’ interpretation of it is wrong (see March 24 - April 2, 2009). Reilly says the average household cost of $3,128, as calculated by the HRC, is “nearly 10 times the correct estimate” based on his study’s cap-and-trade model. The HRC’s error is further shown by a March 30 analysis conducted by the St. Petersburg Times. [St. Petersburg Times, 3/30/2009; Media Matters, 4/6/2009] Both Reilly and the Times show that the average annual cost per household will be closer to $340. On Fox News’s America’s News HQ, Shawn claims “this cap-and-trade, or as the Republicans call it, cap-and-tax—could add $3,000 a year on our electric bills.… [T]hat’s about—$290 or so a month. I mean, imagine the American public, everyone watching right now—all of us—getting an extra 300 bucks or so a month tacked on to our utility bills.” Camerota tells viewers of Fox News’s America’s Newsroom that the cap-and-trade proposal “would be $3,100 per US household.” Roll Call’s Jay Heflin publishes a claim by Senator John Cornyn (R-TX) that “the effort equates to a ‘light switch tax’ of up to $3,128 each year for families” without informing readers of Reilly’s and the Times’s differing analysis. [Media Matters, 4/6/2009; Roll Call, 4/6/2009] Similarly, on CNN’s Political Ticker blog, Barrett repeats a similar claim, writing, “Senate Republican Leader Mitch McConnell praised the Senate for having ‘slammed the door on using the fast-track process to jam through a new national energy tax’ that Republicans say will cost families $3,000 a year in higher energy costs.” [CNN, 4/1/2009; Media Matters, 4/6/2009]

Entity Tags: Obama administration, Ted Barrett, St. Petersburg Times, John Reilly, House Republican Conference, Jay Heflin, Alisyn Camerota, John Cornyn, CNN, Fox News, Eric Shawn, Roll Call

Timeline Tags: Global Economic Crises, Domestic Propaganda

Rick Santelli, the CNBC commentator whose on-air “rant” is credited for sparking the right-wing “tea party” movement (see February 19, 2009 and February 27, 2009), refuses to take part in the upcoming April 15 anti-tax rallies being put on across the country by various “tea party” organizations (see April 15, 2009). CNBC spokesman Brian Steel says Santelli is “not going and not in any way involved” in the protests. Fox News anchors Neil Cavuto and Sean Hannity are joining with protesters in Sacramento and Atlanta, respectively, and former House Speaker Newt Gingrich plans to attend a rally in New York. Organizers say over 300 different protests will take place across the nation. Eric Odom, who owns a Chicago-based “tea party” Web site, says, “We have fully confirmed protests in 360 cities” and he is “very confident that all the protests will happen.” Odom predicts that the rallies featuring Cavuto and Hannity will bring at least 5,000 to 10,000 participants. He stresses that the protests will be made up of people from “all walks of life,” not just conservatives opposed to the Obama administration’s policies. Odom does not mention Santelli’s non-involvement. [Huffington Post, 4/2/2009]

Entity Tags: Newt Gingrich, Brian Steel, CNBC, Fox News, Eric Odom, Rick Santelli, Neil Cavuto, Sean Hannity

Timeline Tags: Domestic Propaganda

Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget.Fox News on-screen chyron falsely claiming Obama’s 2010 budget is four times larger than biggest Bush budget. [Source: Media Matters]Fox News’s flagship morning news broadcast, America’s Newsroom, displays an on-screen “chyron” that falsely claims the 2010 budget proposed by President Obama—$3.6 trillion—is four times the largest budget ever submitted by former President Bush. As progressive media watchdog Web site Media Matters notes, Bush submitted a $3.1 trillion budget for 2009 and a $2.9 trillion budget for 2008 (see October 13, 2009). [Media Matters, 4/3/2009]

Entity Tags: George W. Bush, Media Matters, Barack Obama, Fox News

Timeline Tags: Global Economic Crises, Domestic Propaganda

’America’s Newsroom’ advertisement featuring Bill Hemmer.’America’s Newsroom’ advertisement featuring Bill Hemmer. [Source: Zap2It (.com)]Fox News anchor Bill Hemmer, host of Fox News’s flagship news program America’s Newsroom, interviews several people involved with the April 15 “tea party” protests (see April 8, 2009), including Felicia Cravens, the organizer of an April 15 “tea party” in Houston. During the interview, Fox News displays information about the protest on screen. Though both Hemmer and Craven call the protests “non-partisan,” Fox displays protest footage throughout the interview criticizing President Obama. At the end of the segment, Hemmer directs viewers to go to the Web site of his program for more information about the protests. Hemmer also interviews FoxNews.com contributor Andrea Tantaros, who says of the upcoming protests, “People are fighting against Barack Obama’s radical shift to turn us into Europe.” The program also states that “Tea Parties Are Anti-Stimulus Demonstrations” and part of a “Growing Revolution” (see October 13, 2009). [Media Matters, 4/8/2009]

Entity Tags: Barack Obama, Andrea Tantaros, Felicia Cravens, Bill Hemmer, Fox News

Timeline Tags: Domestic Propaganda, 2010 Elections

Retired Lieutenant General Thomas McInerney appears on Fox News to discuss piracy off the coast of Somalia. During the discussion, McInerney offers a plug for the F-22 Raptor fighter plane currently facing defunding (see March 17, 2009). McInerney says: “I’d put F-22s and combat air patrol out there, two of them, with tankers.… The reason I’d put the F-22s is because they can go 1.6 to Mach 2, and they have a very quick reaction time and a 20 millimeter cannon.” Neither McInerney nor Fox News informs their viewers that McInerney is a former consultant to Northrop Grumman, the defense contractor who builds the F-22. [Think Progress, 4/9/2009] The day after McInerney’s appearance, reporter Ryan Tate observes that McInerney has been involved in previous instances of promoting defense contractors’ interests on television news shows (see Early 2002 and Beyond, April 19, 2003, April 14-16, 2006, Late 2006, and Late April, 2008). Of the F-22, Tate writes: “He neglected to mention virtually every US fighter made in the last 30 years carries such a cannon (usually the six-barrel M-61 Vulcan), including the F/A-18 Hornet already in use by the US Navy.… He also fails to mention that, no matter how fast the F-22 might be, it can’t be based off an aircraft carrier. So its reaction time could never be as good (from a land base on, say, the Arabian Peninsula) as a Hornet or other existing Navy jet floating in the waters nearest the pirates. Finally, McInerney fails to mention that, though capable of ground attack, the F-22 is optimized for air-to-air operations, i.e., shooting down other fighters.” [Gawker, 4/9/2009]

Entity Tags: Thomas G. McInerney, Fox News, Northrop Grumman, Ryan Tate, US Department of the Navy

Timeline Tags: Domestic Propaganda

Former Republican senator Rick Santorum writes in an op-ed for the Philadelphia Inquirer that President Obama is “contemptuous of American values.” Santorum, now a columnist for the Inquirer, ties his comments to the pending nomination of Harold Koh to become the State Department’s lead counsel. Santorum and other far-right conservatives oppose Koh, a former Yale Law School dean, because of his “internationalist” views. Obama’s nomination of Koh for the State Department, and Obama’s recent supposed “apology for American arrogance” to European audiences, “helped convince me that [Obama] has a deep-seated antipathy toward American values and traditions,” Santorum writes. Santorum opposes Koh’s view that the US must become part of the international legal community, and instead insists that the US hold itself apart from international law, a position Santorum shares with the former Bush administration. “Koh’s ‘transnationalism’ stands in contrast to good, old-fashioned notions of national sovereignty, in which our Constitution is the highest law of the land,” Santorum writes. “In the traditional view, controversial matters, whatever they may be, are subject to democratic debate here. They should be resolved by the American people and their representatives, not ‘internationalized.’ What Holland or Belgium or Kenya or any other nation or coalition of nations thinks has no bearing on our exercise of executive, legislative, or judicial power. Koh disagrees. He would decide such matters based on the views of other countries or transnational organizations—or, rather, those entities’ elites.” Koh supports the International Criminal Court, which Santorum views as an objectionable intrusion upon American sovereignty. [Philadelphia Inquirer, 4/9/2009] Santorum is echoing recent arguments by Fox News host Glenn Beck (see April 1, 2009) and Accuracy in Media editor Cliff Kincaid (see April 6, 2009).

Entity Tags: Glenn Beck, Harold Koh, Rick Santorum, US Department of State, Cliff Kincaid

Timeline Tags: US International Relations, Domestic Propaganda

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Timeline Tags: Torture of US Captives

Fox News’s flagship morning news broadcast, America’s Newsroom, repeatedly airs video clips promoting the upcoming “tea party” protests for April 15 (see April 8, 2009, April 15, 2009, April 15, 2009, and April 15, 2009). Host Bill Hemmer urges viewers to attend protests near them, and alerts them to “virtual tea parties” being hosted on Fox’s “non-partisan” Web site Fox Nation. One clip exhorts viewers to “say no to biased media and yes to fair play and free speech,” and then prompts them to “express your views, your values” at Fox Nation. Hemmer then tells viewers that commentators Glenn Beck (see April 15, 2009), Sean Hannity, Neil Cavuto, and Greta Van Susteren are reporting and helping host protests in four separate areas around the nation. “Can’t get to a tea party?” Hemmer asks. “Fox Nation hosts a ‘virtual tea party.’ You can check it out on the site.” During Hemmer’s pitch, Fox News airs a clip of a protest sign with “NO to socialism!” written across an American flag with a Soviet-style hammer and sickle in place of the 50 stars (see October 13, 2009). [Media Matters, 4/13/2009]

Entity Tags: Glenn Beck, Neil Cavuto, Bill Hemmer, Fox Nation, Sean Hannity, Fox News, Greta Van Susteren

Timeline Tags: Domestic Propaganda

FreedomWorks logo.FreedomWorks logo. [Source: FreedomWorks]The progressive news and advocacy site Think Progress profiles FreedomWorks, a conservative lobbying firm that uses the practice of “astroturfing” to press its agenda home. FreedomWorks is one of the organizations behind the anti-tax “tea party” movement (see April 8, 2009). The organization denies that it is “astroturfing”—creating fake “citizens groups” that purport to be spontaneously organized grassroots organizations—and compares its work to that of liberal activism group MoveOn.org. However, Think Progress notes that MoveOn is a citizen-organized group, while FreedomWorks is headed by former Republican activists and corporate officials, and is funded by oil, energy, and tobacco companies. Former House Majority Leader Dick Armey and current Washington lobbyist (R-TX) leads FreedomWorks. [Think Progress, 4/14/2009]
'Amateur-Looking' Astroturfing Sites - Last year, the Wall Street Journal exposed FreedomWorks’ use of “amateur-looking” Web sites for its “astroturf” groups to bolster their credibility as purported “citizen groups” pushing for corporate interests (see May 16, 2008). [Think Progress, 4/14/2009]
Represented by PR Firm with GOP Links - FreedomWorks is represented by the Washington public relations firm Shirley & Banister Public Affairs. Shirley & Banister also represents conservative organizations such as the National Rifle Association, Citizens United, news outlet Human Events, and organizer Richard Viguerie’s direct-mail firm. (It also represents the Bradley Foundation, a conservative funding organization that in 2008 gave $25,000 to both FreedomWorks and Americans for Prosperity [AFP], gave FreedomWorks $75,000 in 2009, and is considering a grant request from AFP.) One of Shirley & Banister’s partners is Craig Shirley, a veteran Republican PR operative who helped develop the overtly racist 1988 “Willie Horton” political ad (see September 21 - October 4, 1988). Progressive MSNBC host Rachel Maddow tells her audience: “This is a perfect system for the Republican Party. It’s a constant feedback loop. The Republican Party activists stir up fear and anger on the Internet… Fearful, angry people go to town hall events and then Republican Party officials say they are just responding to that anger and they have no idea where it came from. It’s [a] perfect cycle. Rile them up with made-up stuff and then sympathize with them that are so riled.” [MSNBC, 8/14/2009; MSNBC, 8/17/2009]
Led by Millionaires - Three of FreedomWorks’ most prominent senior officials are millionaires. Armey makes over $500,000 a year working for the organization, and lives in a Texas home valued at $1.7 million. FreedomWorks president Matthew Kibbe lives on Capitol Hill in Washington, DC, in a home valued at $1.17 million. Board member Steve Forbes, the billionaire publisher of Forbes magazine, lives in a New Jersey home valued at $2.78 million, owns a chateau in France, and recently sold a private island in Fiji and a palace in Morocco. [Wall Street Journal, 5/16/2008]
FreedomWorks Supports Armey's Lobbying Efforts - Armey’s lobbying firm, DLA Piper, represents pharmaceutical firms such as Bristol-Myers Squibb, medical device supplier SleepMed, health care provider Metropolitan Health Networks, and another pharmaceutical firm, Medicines Company. One member of FreedomWorks’s board of directors is Richard Stephenson, the founder and chairman of Cancer Treatment Centers of America. He is also the president of International Capital and Management Company, which runs a hospital consulting company. The president of FreedomWorks is Matt Kibbe, the former senior economist for the Republican National Committee and the former chief of staff for Representative Dan Miller (R-FL). FreedomWorks is organizing protests against health care reform that would cut into pharmaceutical firms’ profits. DLA Piper represents a number of life insurance firms; FreedomWorks has organized support for the deregulation of the insurance industry. DLA Piper represents not only several American oil firms, but also Sheikh Mohammed Bin Rashid Al Maktoum, prime minister of the United Arab Emirates (UAE), on energy related issues such as maintaining the close ties between the US and the UAE. US oil firms are deeply involved in the UAE’s oil industry. [Center for Responsive Politics, 2009; Think Progress, 4/14/2009; MSNBC, 8/12/2009] In August 2009, after reporting on FreedomWorks, MSNBC host Rachel Maddow will tell her audience: “Washington lobbyists and health care executives and former Republican Party officials have just as much a right to shout down the policy debate about health care reform as anyone else does. These folks have just as much a right to try to derail this entire process as anyone else does. But we have a right to know who they are and who is paying them for their efforts. These guys are pros. This is an industry. This is beltway politics being organized and played out in town halls across the country.” [MSNBC, 8/12/2009] DLA Piper has also received $830,000 this year, so far, from the pharmaceutical firm Medicines Company; the same firm paid DLA Piper $1.5 million in 2008. [MSNBC, 8/7/2009]
FreedomWorks Lobbying on Behalf of DLA Piper? - In August 2009, Maddow will ask, “[W]hy are DLA Piper’s clients relevant?” She answers herself, “There appears to be some pretty good evidence that when you pay Dick Armey’s lobbying firm, DLA Piper, you get what Dick Armey’s grassroots organization FreedomWorks does.” In the first half of 2007, the American Council of Life Insurers paid DLA Piper $100,000 to lobby on its behalf. During that time span, FreedomWorks began lobbying Congress on a “grassroots” basis to deregulate the life insurance industry. Maddow will sarcastically ask: “And, of course, perhaps it is just mere coincidence that FreedomWorks happened to have a newfound, ideological, purist grassroots commitment to life insurance deregulation at the same time the American Council of Life Insurers hired Dick Armey’s lobbying firm. It could just be a coincidence. Could be, right?” In 2006, DLA Piper began lobbying for the Senado de Republica, the Mexican Senate, for the purpose of “enhancing US-Mexico relations.” At the same time, FreedomWorks began promoting itself as “one of the few organizations willing to aggressively promote meaningful immigration reform.” In 2004, during the Bush administration’s push to privatize Social Security, a single mom from Iowa was introduced at a White House economic conference as a supporter of privatization. That mom was a FreedomWorks employee. Maddow will say: “This is how FreedomWorks does their work. They try to create the impression that their just regular grassroots Americans without any financial or political interests in the outcome of these policy fights.” [MSNBC, 8/12/2009]

Entity Tags: MoveOn (.org), Steve Forbes, Think Progress (.org), Mohammed bin Rashid Al Maktoum, Wall Street Journal, Matt Kibbe, Bristol-Myers Squibb, DLA Piper, Medicines Company, FreedomWorks, Dick Armey

Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections

The Center for American Progress (CAP), a progressive think tank and lobbying organization, releases a report that says the “tea party” movement protesting the various policies of the Obama administration (see April 8, 2009) is not, as purported, entirely a grassroots movement of ordinary citizens, but an “astroturf” movement created, organized, and funded by powerful conservative and industry firms and organizations. (CAP notes that the anti-tax “tea parties,” with “tea” standing for “Taxed Enough Already,” fail to note that President Obama’s recent legislation actually has cut taxes for 95 percent of Americans.) Two of the most prominent organizations behind the “tea parties” are FreedomWorks and Americans for Progress (AFP). FreedomWorks (see April 14, 2009) is a corporate lobbying firm run by former House Majority Leader Dick Armey (R-TX), and organized the first “tea party,” held in Tampa, Florida, on February 27. It then began planning and organizing “tea parties” on a national scale; officials coordinated logistics, called conservative activists, and provided activists with sign ideas and slogans and talking points to use during protests. AFP has coordinated with FreedomWorks. AFP is a corporate lobbying firm run by Tim Phillips, a former lobbying partner of conservative activist Ralph Reed, and funded in part by Koch Industries, the largest private oil corporation in America (see May 29, 2009). Former House Speaker Newt Gingrich (R-GA) is also involved, through his lobbying form American Solutions for Winning the Future, which is supported by oil companies.
Support, Promotion from Fox News - On cable news channels, Fox News and Fox Business have run promotions for the “tea parties” in conjunction with enthusiastic reports promoting the affairs (see April 13-15, 2009, April 15, 2009, April 15, 2009, and April 6-13, 2009); in return, the organizers use the Fox broadcasts to promote the events. Fox hosts Glenn Beck, Neil Cavuto, and Sean Hannity all plan to broadcast live reports from the events. Fox also warns its viewers that the Obama administration may send “spies” to the events. (Fox justifies its depth of coverage by saying that it provided similar coverage for the 1995 Million Man March. However, Fox did not begin broadcasting until 1996—see October 7, 1996.)
Republican Support - Congressional Republicans have embraced the “tea parties” as ways to oppose the Obama administration. Many leading Republicans, such as Minority Leader John Boehner (R-OH), Paul Ryan (R-WI), and some 35 others, will speak at AFP-funded “tea parties.” Republican National Committee Chairman Michael Steele has moved the RNC to officially support the protests. And Senator David Vitter (R-LA) has introduced legislation formally honoring April 15 as “National Tea Party Day.” “It’s going to be more directed at Obama,” says reporter and commentator Ana Marie Cox. “This is very much, I think, part of the midterm strategy” to win elections in 2010.
Fringe Elements - According to CAP, many “fringe” elements of the conservative movement—including “gun rights militias, secessionists, radical anti-immigrant organizations, and neo-Nazi groups”—are involved in the “tea parties.” [Think Progress, 4/15/2009; Think Progress, 5/29/2009]

Entity Tags: Ralph Reed, Republican National Committee, Paul Ryan, Tim Phillips, Obama administration, Sean Hannity, Newt Gingrich, John Boehner, Michael Steele, Barack Obama, Neil Cavuto, Center for American Progress, Ana Marie Cox, Americans for Progress, Fox Business Channel, Fox News, Koch Industries, David Vitter, American Solutions for Winning the Future, FreedomWorks, Glenn Beck, Dick Armey

Timeline Tags: Domestic Propaganda, 2010 Elections

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Central Intelligence Agency, Dennis C. Blair, Khalid Shaikh Mohammed, Dianne Feinstein, Jay S. Bybee, Geneva Conventions, Eric Holder, Barack Obama, Bush administration (43), John Conyers, Office of Legal Counsel (DOJ), US Department of Justice, American Civil Liberties Union, Steven Bradbury, Patrick J. Leahy, Abu Zubaida, Obama administration

Timeline Tags: Torture of US Captives

Fox News commentators mock the idea of using insects to torture prisoners, as was revealed in recently released Justice Department torture memos (see April 16, 2009). Mike Huckabee (R-AR), the former governor of Arkansas and a 2008 presidential candidate who now has his own talk show on Fox, says, “Look, I’ve been in some hotels where there were more bugs than these guys faced.” Huckabee goes on to characterize the Obama administration’s version of prisoner interrogation, saying, “We’re going to talk to them, we’re going to have a nice conversation, we’re going to invite them down for some tea and crumpets.” Huckabee’s fellow commentators Gretchen Carlson and Steve Doocy join in the hilarity. [Media Matters, 4/17/2009; Media Matters, 4/21/2009]

Entity Tags: Gretchen Carlson, Fox News, Steve Doocy, Mike Huckabee

Timeline Tags: Torture of US Captives, Domestic Propaganda

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former CIA Director Michael Hayden refuses to confirm information from a recently released CIA memo that shows alleged 9/11 mastermind Khalid Shaikh Mohammed had been waterboarded 183 times in a single month (see April 16, 2009). Even though the memo has been released to the public, Hayden says he believes that information is still classified. Hayden says he opposed the release of the memo and three others recently released by the White House. Even though President Obama has said that the US will never use waterboarding and other “harsh interrogation techniques” again, Hayden says: “At the tactical level, what we have described for our enemies in the midst of a war are the outer limits that any American would ever go to in terms of interrogating an al-Qaeda terrorist. That’s very valuable information. Now, it doesn’t mean we would always go to the outer limits, but it describes the box within which Americans will not go beyond. To me, that’s very useful for our enemies, even if as a policy matter, this president at this time had decided not to use one, any, or all of those techniques. It reveals the outer limits. That’s very important.” Hayden also disputes reports that suspected terrorist Abu Zubaida revealed nothing new after being tortured; he says that after Zubaida was subjected to waterboarding and other unspecified “techniques,” he revealed information leading to the capture of suspected terrorist Ramzi bin al-Shibh. [New York Times, 4/19/2009; Think Progress, 4/19/2009] Days later, former FBI interrogator Ali Soufan will reveal information that disputes Hayden’s claims (see Late March through Early June, 2002 and April 22, 2009).

Entity Tags: Central Intelligence Agency, Michael Hayden

Timeline Tags: Torture of US Captives

Brian Kilmeade.Brian Kilmeade. [Source: Chattahbox (.com)]Brian Kilmeade, a co-host of Fox News’s morning broadcast Fox and Friends, says he “feel[s] better” knowing that alleged 9/11 mastermind Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 16, 2009 and April 18, 2009). “Guess what?” Kilmeade says. “Maybe if he were so scared of caterpillars [referring to militant training camp facilitator Abu Zubaida’s torture by insects—see August 1, 2002]… maybe he should have thought about that before he helped plot the taking down of 3,000-plus people on 9/11.” (Kilmeade is either unaware of, or ignoring, reports that show Zubaida may not have been a member of al-Qaeda and had no involvement in the 9/11 planning—see March 28, 2002, Shortly After March 28, 2002, and April 9, 2002 and After.) Kilmeade continues: “Khalid Shaikh Mohammed, I understand, was waterboarded 183 times. Did anyone care about that? Does anyone in America walk around going, ‘I’m really upset that the mastermind of 9/11 was waterboarded 183 times.’ That makes me feel better.… It’s unbelievable that people care more about Khalid Shaikh Mohammed, uh, his health, than they would about the future attacks that are being hatched.” [Media Matters, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Brian Kilmeade, Fox News

Timeline Tags: Torture of US Captives

The Justice Department’s Office of Professional Responsibility (OPR) begins an investigation of the department’s lawyers who signed off on the Bush administration’s torture policies, in particular John Yoo (see Late September 2001 and January 9, 2002), Jay Bybee (see August 1, 2002 and August 1, 2002), and Steven Bradbury (see May 10, 2005, June 23, 2005 and July 2007). The OPR investigation will determine whether these lawyers shirked their professional responsibilities in deciding that particular torture techniques were, in fact, legal; if that conclusion is reached, then prosecutors could make the case that the lawyers knowingly broke the law. Today, the press learns that the OPR has obtained archived e-mail messages from the time when the memorandums were being drafted. Senator Russ Feingold (D-WI) has urged President Obama “not to rule out prosecutions of those who implemented the program” until the OPR report, along with a long-awaited report by the Senate Intelligence Committee (see April 21, 2009), become available. Former Bush White House lawyer Bradford Berenson says he has seen a surge in “anxiety and anger” among his former colleagues, and says they should not be investigated. [New York Times, 4/22/2009] The Justice Department will refuse to bring sanctions against Yoo, Bybee, and Bradbury (see February 2010).

Entity Tags: Office of Professional Responsibility, Bradford Berenson, Barack Obama, Bush administration (43), John C. Yoo, Russell D. Feingold, Senate Intelligence Committee, US Department of Justice, Steven Bradbury, Jay S. Bybee

Timeline Tags: Torture of US Captives

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Chyron displayed during Fox News broadcast touting Republican ‘watchdog’ efforts on Democratic spending.Chyron displayed during Fox News broadcast touting Republican ‘watchdog’ efforts on Democratic spending. [Source: Media Matters]Fox News anchor Bill Hemmer tells his viewers that Fox is “keeping up” with four “interesting” projects reportedly funded by the economic stimulus act. Hemmer says that the research on the projects was done by Fox News itself. He does not tell viewers that the research, and the text and graphics displayed on-screen during his report, come directly from the Web site of Eric Cantor (R-VA), the Republican House Minority Whip. Cantor’s site lists 12 so-called “wasteful spending” projects funded by the recovery act. The four cited by Hemmer are from a section of Cantor’s site called “Washington Watch Report,” which calls itself “your one stop shop to learn about examples of government waste that have been uncovered by House Republicans.” The four projects include a skate park in Pawtucket, Rhode Island; an “art walk” in Rochester, New York; funding for a homeless project in Union, New York; and a transportation study in Ohio. Hemmer and guest Representative Mike Pence (R-IN) list each project and then criticize it. During the segment, Pence twice promotes Cantor’s Web site, and concludes by saying: “I commend you all. I commend my colleagues and the Republicans’ whip’s office with the Washington Watch Web site. People can go online and read more of these—we’re finding more everyday.” During Pence’s concluding statement, Fox News displays a “chyron” at the bottom of the screen that reads, “GOP Watchdog Exposes Wasteful State Spending of Gov’t Money” (see October 13, 2009). [Media Matters, 4/23/2009]

Entity Tags: Bill Hemmer, Mike Pence, Fox News, Eric Cantor

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich (R-GA), a likely candidate for the 2012 Republican presidential candidacy, refuses to say whether waterboarding is or is not torture. Interviewed on Fox News, Gingrich calls the release of the four Bush-era Justice Department memos authorizing and defending torture (see April 16, 2009) “a big mistake,” but adds, “I want to see the United States run the risk, at times, of not learning certain things in order to establish a standard for civilization.” When asked if waterboarding is torture, Gingrich refuses to give a straight answer. “I think it’s something we shouldn’t do,” he says, but then adds: “Lawyers I respect a great deal say it is absolutely within the law. Other lawyers say it absolutely is not. I mean, this is a debatable area.” When asked if waterboarding violates the Geneva Conventions, Gingrich again demurs, saying, “I honestly don’t know.” He then says, “I think—I think that there—I am exactly where Senator [John] McCain was.” McCain has long opposed the use of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009). [Think Progress, 4/26/2004]

Entity Tags: John McCain, Newt Gingrich, Bush administration (43)

Timeline Tags: Torture of US Captives

New York Times editor Clark Hoyt, in a column entitled “Telling the Brutal Truth,” writes of the lengthy discussions among Times editors and staffers on using the term “torture” in their reports and editorials. Hoyt writes that the term is not used in news reports, though it is in editorials. “Until this month,” he writes, “what the Bush administration called ‘enhanced’ interrogation techniques were ‘harsh’ techniques in the news pages of the Times. Increasingly, they are ‘brutal.’” He characterizes the decision to use, or not use, the word “torture” as an example of “the linguistic minefields that journalists navigate every day in the quest to describe the world accurately and fairly.” He notes that the final decision—to rely on the adjective “brutal”—“displeas[es] some who think ‘brutal’ is just a timid euphemism for torture [as well as] their opponents who think ‘brutal’ is too loaded.”
Reader Criticism - Hoyt notes that some readers have criticized the Times for its lack of “backbone” in not using the term “torture” in its reporting, with one writing that by refusing to use the term, “you perpetuate the fantasy that calling a thing by something other than its name will change the thing itself.” Others say that even using the word “brutal” is “outrageously biased.”
'Harsh' Not Accurately Descriptive - Hoyt notes that in the process of editing an April 10 news report on the CIA’s closing of its network of secret overseas prisons (see April 10, 2009), reporter Scott Shane and editor Douglas Jehl debated over the wording of the first paragraph. Jehl had written that the interrogation methods used in the prisons were “widely denounced as illegal torture,” a phrase Jehl changed to “harshest interrogation methods.” Shane argued that the term “harshest” was not strong enough, and the two agreed to use the word “brutal.” After reading the recently released Justice Department torture memos (see April 16, 2009), managing editor Jill Abramson said a new and stronger term needed to be used. “Harsh sounded like the way I talked to my kids when they were teenagers and told them I was going to take the car keys away,” she says. She, too, came down in favor of “brutal” after conferring with legal experts and Washington bureau chief Dean Baquet. But senior editors have all agreed that the word torture will not be used except in quoting others’ descriptions of the methods. “I have resisted using torture without qualification or to describe all the techniques,” Jehl says. “Exactly what constitutes torture continues to be a matter of debate and hasn’t been resolved by a court. This president and this attorney general say waterboarding is torture, but the previous president and attorney general said it is not. On what basis should a newspaper render its own verdict, short of charges being filed or a legal judgment rendered?” [New York Times, 4/25/2009]
Accusation of Bias, Semantic Games - Media critic Brad Jacobson accuses Hoyt and the Times staff of engaging in meaningless semantic wordplay instead of labeling torture as what it is, and notes that Hoyt seems to admit that public opinion, not journalistic standards, has determined what terms the Times will and will not use. Jacobson writes: “1) If the Times called techniques such as waterboarding torture in its reporting, which it should based on US and international law, legal experts, historians, military judges, combat veterans, and human rights organizations, and described, however briefly, what that torture entailed, then the use of modifying adjectives such as ‘harsh’ or ‘brutal’ would not only be superfluous but, in a news story, better left out; and 2) isn’t the Times (along with any news outlet that has failed to report these acts as torture) directly responsible in some way for inspiring the kind of response it received from readers [who objected to the term ‘brutal’]? If readers are not provided the facts—a) waterboarding is torture and b) torture is illegal—while Times editors are simultaneously ascribing arbitrary descriptors to it like ‘brutal’ or ‘harsh,’ then the Times is not only denying its readers the necessary information to understand the issue but this denial may also lead directly to accusations of bias.” He also notes that Jehl censored Shane’s story to eliminate the reference to the methods being “widely denounced as illegal torture,” and asks why Abramson discussed the matter with legal experts rather than determining if waterboarding, physical assaults, and other techniques do indeed qualify as torture under the Geneva Conventions, the Convention Against Torture (see October 21, 1994), and other binding laws and treaties. [Raw Story, 4/26/2009]

Entity Tags: Douglas Jehl, Central Intelligence Agency, Brad Jacobson, Clark Hoyt, Dean Baquet, Scott Shane, Convention Against Torture, Jill Abramson, Geneva Conventions, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives

Judge Jay Bybee, who authored or signed a number of memos authorizing torture while the chief of the Justice Department’s Office of Legal Counsel (OLC—see August 1, 2002, August 1, 2002, and December 2003-June 2004), defends his actions to the New York Times. Bybee has been a federal judge for over five years (see February 5, 2003); many civil libertarians and critics of the Bush administration want him to either step down from the bench or face impeachment (see April 21, 2009), and the Justice Department is investigating his professional conduct (see Before April 22, 2009). In recent days, Bybee’s friends and colleagues have reported his “regrets” over the memos (see April 25, 2009). Now, Bybee says while in hindsight he would have done some things differently, like clarifying and sharpening the analysis of some of his answers to help the public better understand the basis for his conclusions, the memos represent “a good-faith analysis of the law” that properly defined the narrow divide between harsh treatment and torture. Bybee’s memos gave a legal framework for the use of illegal interrogation tactics such as waterboarding, sleep deprivation, and enforced isolation. In a statement, Bybee says: “The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking al-Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct.” He had the support of other administration lawyers, he says. “The legal question was and is difficult. And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law.” Bybee’s former colleague, law professor Christopher Blakesley, says he challenged Bybee on one of the memos in 2004, shortly after it became public knowledge. “I asked him how he could sign such an awful thing,” Blakesley recalls. Bybee refused to discuss the matter, and the two men have not spoken since. Blakesley says Bybee “has some basic flaws including being very na├»ve about leaders. He has too much respect for authority and will avoid a confrontation no matter what.” Some law clerks who worked with Bybee after he left the OLC recall him speaking about his involvement in some matters “so awful, so terrible, so radioactive” that he doubted the administration would ever disclose them. One of the then-clerks, Nina Rabin, says she finds Bybee’s position disturbing because he suggests a lawyer can be divorced from the policies being pursued under his legal rubric. “He definitely offered a view that was sanitized,” she says, “and I thought that was disingenuous in that it removed any responsibility on the part of the lawyer for what was happening.” [New York Times, 4/28/2009]

Entity Tags: New York Times, Bush administration (43), Christopher Blakesley, Jay S. Bybee, US Department of Justice, Nina Rabin, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Fox News correspondent Molly Henneberg, during a broadcast of Fox’s “straight news” show America’s Newsroom, repeats the false claim made by religious groups that the Local Law Enforcement Hate Crimes Prevention Act (LLEHCPA) would allow individuals or groups to “be prosecuted for their religious beliefs.” Some conservative religious groups have claimed that, under the proposed legislation, they could be, in Henneberg’s words, “prosecuted for their religious beliefs if they believe that homosexuality is a sin, that it could gag ministers who preach that, or even if a church may not want to marry a gay couple. There is concern that they could face lawsuits as well.” Henneberg fails to report that Section 8 of the bill says: “Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the Constitution,” and the First Amendment to the Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The House Judiciary Committee’s report on the bill clearly states, “Nothing in this legislation would prohibit the constitutionally protected expression of one’s religious beliefs.” Henneberg does not report the committee’s finding. Later in the broadcast, anchor Bill Hemmer notes that supporters claim “there’s nothing in this law that will stymie the free expression of any religion” (see October 13, 2009). [Media Matters, 4/29/2009]

Entity Tags: Fox News, Bill Hemmer, Local Law Enforcement Hate Crimes Prevention Act, House Judiciary Committee, Molly Henneberg

Timeline Tags: Domestic Propaganda

Federal prosecutors drop all charges against two former lobbyists accused of passing classified information to Israel (see August 4, 2005). The lobbyists, Steven Rosen and Keith Weissman, worked for the American Israel Public Affairs Committee (AIPAC) when they took classified information from former government official Larry Franklin and passed it to Israeli officials (see April 13, 1999-2004 and October 5, 2005). The case against Rosen and Weissman had the potential to criminalize the exchange of classified information among journalists, lobbyists, and ordinary citizens not bound by government restrictions. “Thank God we live in a country where you can defend yourself against an injustice like this,” says Rosen. He calls the case an example of government officials “who have an obsession with leaks (see May 21, 2006)… and an obsession with Israel and the theory that it spies on America.” The lawyers for the two former lobbyists believe that Obama administration officials had reservations about the case where their predecessors in the Bush administration did not, but former FBI counterintelligence official David Szady says that politics played no part in the decision to withdraw the charges. Prosecutors say that recent court rulings would make winning their case much more difficult than they had previously anticipated. Gary Wasserman, a Georgetown University professor who is writing a book about the case, says it is understandable that AIPAC welcomes the dismissal. A trial, he says, “would have provoked a lot of public discussion about how they worked.” [Washington Post, 5/2/2009]

Entity Tags: David Szady, American Israel Public Affairs Committee, Bush administration (43), Steven Rosen, Obama administration, Keith Weissman, Larry Franklin, Gary Wasserman

Timeline Tags: US confrontation with Iran

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives

Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, advocates repealing the 16th Amendment, something he has done previously on Beck’s show (see April 28, 2009). Beck asks about “this solution that you and I have talked about on a constitutional amendment, or a threat of a constitutional amendment.” Napolitano replies: “If two-thirds of the states ask the Congress to call a constitutional convention to consider the adoption of this amendment, which I’ll describe in a moment, as it gets closer and closer to the two-thirds necessary and Congress would be required to call the convention, you’ll see some reaction on the part of Congress to attempt to placate the states that want to call this. Now, the constitutional amendment is a simple one. It simply abolishes the 16th Amendment and states affirmatively that Congress shall have no power to tax the personal incomes of individual persons. If that were enacted, it would starve the federal government back into the original footprint that the founders intended for it. But as it gets closer to enactment, Congress will have to do something for fear that it might be enacted.” [Glenn Beck, 5/6/2009; Media Matters, 9/7/2010] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011]

Entity Tags: Glenn Beck, Andrew Napolitano, Fox News

Timeline Tags: Civil Liberties, Domestic Propaganda

A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left.A photo from Glenn Beck’s ‘The Civilest War’ broadcast on Fox News. Beck is at far left. [Source: Fox News]Fox News talk show host Glenn Beck writes an article for Fox News promoting his upcoming special program The Civilest War, which he says is an expose of the “tyranny” of the Federal Reserve over the American economy. Beck compares the program to the popular science fiction movie The Matrix, explaining that in the movie: “Nothing was real, the world people lived in was a fabrication—a computer program. Our lives have been like that movie and it is not about Barack Obama. It’s about Obama and [George W.] Bush and [Bill] Clinton and [George H. W.] Bush. It has been going on for years, it is just a play and it goes back to the progressive movement—on both sides of the aisle. In the movie the hero is offered two pills: red to learn the truth about the Matrix; blue to go on living blissfully ignorant to what is really going on. The way to take our country back will short-circuit the Matrix we are living in. And it has to do with gun rights, state’s rights, and what I call the civilest war. It is too much to get into now—but next week take the ‘red pill’ and get the truth.” The hour-long program begins with an adaptation of the famous poem by Martin Niemoller, rewritten by Beck as follows: “I think this is the problem. First they came for the banks. I wasn’t a banker, I didn’t really care. I didn’t stand up and say anything. Then they came for the AIG executives. Then they came for the car companies. Until it gets down to you. Most people don’t see—they are coming for you at some point! You’re on the list! Everybody’s on the list. You may not be rich—as currently defined.” The show features a Utah Republican legislator accusing the federal government of imposing “tyranny” on the citizenry, neo-Confederate historian Kevin Gutzman who gives a very different explanation of the meaning of “constitutional” liberties that would abolish suffrage for women and rights for minorities, and a Montana militia member, Gary Marbut, who concludes that the most sacred rights of the US citizen are to keep and bear arms. [Fox News, 5/2009; Fox News, 5/8/2009; Crooks and Liars, 5/15/2009] Author David Neiwert, an expert on right-wing extremism, notes that the ideas Beck is promoting in The Civilest War are identical to those promulgated by far-right “Patriot” and militia movements in the 1990s, including the idea of absolute “state sovereignty” (see 1983-1995). The ultimate idea behind Beck’s proposals, Neiwert writes, is the dissolution of the federal government and the transformation of the United States into 50 independent and disparate national entities. One of the earliest proponents of Beck’s ideas, Neiwert writes, was former Colorado state legislator Charles Duke (R-CO—see May 15-21, 1996), who still has deep ties to militia and anti-government organizations in the Western states. [Crooks and Liars, 5/15/2009; Crooks and Liars, 5/15/2009]

Entity Tags: Gary Marbut, Charles Duke, Barack Obama, Fox News, William Jefferson (“Bill”) Clinton, Martin Niemoller, David Neiwert, Glenn Beck, US Federal Reserve, George W. Bush, George Herbert Walker Bush, Kevin Gutzman

Timeline Tags: Domestic Propaganda

Ibn al-Shaykh al-Libi’s body, shortly after he died.Ibn al-Shaykh al-Libi’s body, shortly after he died. [Source: Public domain]Ibn al-Shaykh al-Libi, a former manager of a training camp for militants in Afghanistan, dies at Al Saleem jail in Libya. Al-Libi was captured and handed over to the US in 2001 (see December 19, 2001), and later provided information falsely linking Iraq and al-Qaeda while being tortured in Egyptian custody (see February 2002). The story of his death is broken by a Libyan newspaper named Oea, and picked up by media around the world. However, Newsweek will point out that Oea has “close ties to the [Libyan] government,” as it is owned by a son of Libyan dictator Colonel Mu’ammar al-Qadhafi. Workers with Human Rights Watch visited al-Libi at the prison on April 27, and spoke to him briefly, finding him reasonably well. Hafed al-Ghwell, a leading critic of the al-Qadhafi regime, will comment, “This idea of committing suicide in your prison cell is an old story in Libya.” Apparently, sometimes a prisoner is reported to have committed suicide, but when the family gets the body back, there is a bullet hole in its back or signs of torture. George Brent Mickum, a US lawyer representing al-Libi’s former partner in the training camp, US-held detainee Abu Zubaidah, says he had recently begun efforts through intermediaries to arrange to talk to al-Libi. “The timing of this is weird,” Mickum says. “My gut feeling is that something fishy happened here and somebody in Libya panicked,” adds al-Ghwell. [Newsweek, 5/12/2009] Tom Malinowski of Human Rights Watch says: “I would speculate that he was missing because he was such an embarrassment to the Bush administration. He was Exhibit A in the narrative that tortured confessions contributed to the massive intelligence failure that preceded the Iraq war.” After the Bush administration used al-Libi’s claims of links between al-Qaeda and the Iraqi government to justify the US invasion of Iraq in 2003, al-Libi withdrew the claims. [Washington Post, 5/12/2009] In October 2009, in a video posted on an Islamist website, al-Qaeda deputy leader Ayman al-Zawahiri will claim the US government “handed him over to the agents of al-Qadhafi to continue torturing him and kill him.” [Reuters, 10/4/2009]

Entity Tags: Tom Malinowski, Ibn al-Shaykh al-Libi, Human Rights Watch, Ayman al-Zawahiri, George Brent Mickum, Hafed al-Ghwell

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

Lieutenant General Stanley McChrystal.Lieutenant General Stanley McChrystal. [Source: DoD photo by Helene C. Stikkel/Released, via Reuters]Secretary of Defense Robert Gates and the chairman of the Joint Chiefs of Staff Admiral Michael Mullen announce the nomination of controversial former special/black operations commander Lieutenant General Stanley McChrystal to replace the top US commander in Afghanistan, General David McKiernan. At the Pentagon, Gates explains that “new leadership and fresh eyes” are needed to reverse the course of the seven-year-old war. “We have a new strategy, a new mission, and a new ambassador. I believe that new military leadership also is needed,” he says. The White House confirms that President Obama has signed off on the nomination. McChrystal is the former commander of the secretive Joint Special Operations Command (JSOC), which during his tenure was tied to prisoner abuse and covert assassinations in Iraq, as well as controversy in the military’s handling of the death of Pat Tillman in Afghanistan. McKiernan will remain in place until the Senate confirms the appointments of McChrystal and his designated deputy, Lieutenant General David Rodriguez, also a veteran of elite US forces. Both officers have experience in Afghanistan and have more familiarity with counterinsurgency operations than McKiernan. Gates says that McChrystal and Rodriguez will “bring a unique skill set in counterinsurgency to these issues, and I think that they will provide the kind of new leadership and fresh thinking that [Admiral Mike Mullen] and I have been talking about.” [CNN, 5/11/2009; Army Times, 5/11/2009]
Prisoner Abuse, Geneva Convention Violations - Under McChrystal’s command, the Joint Special Operations Command supplied elite troops to a secret unit known variously as Task Force 626 and Task Force 121, based at Camp Nama (an acronym for “nasty ass military area”) near Baghdad. A Human Rights Watch report found evidence that the task force engaged in prisoner torture and abuse, and that the JSOC command likely violated the Geneva Conventions (see November 2004). According to the report, which was based on soldier testimony, inmates at the camp were subjected to beatings, exposure to extreme cold, threats of death, humiliation, and various forms of psychological abuse or torture. The report’s sources claimed that written authorizations were required for abusive techniques—indicating that the use of these tactics was approved up the chain of command—and that McChrystal denied the Red Cross and other investigators access to Camp Nama, a violation of the Geneva Conventions. [New York Times, 3/19/2006; Sifton and Garlasco, 7/22/2006; Daily Telegraph, 5/17/2009]
Secret Assassinations - During McChrystal’s tenure as head of JSOC, he led campaigns to track down, capture, or kill enemies. To this end, McChrystal built a sophisticated network of soldiers and intelligence operatives to assassinate Sunni insurgent leaders and decapitate al-Qaeda in Iraq. He is also understood to have led the hunt for Osama bin Laden and other al-Qaeda leaders in Afghanistan and Pakistan. However, a Human Rights Watch report on the secret units under JSOC command states that although targets included Saddam Hussein and Abu Musab Al-Zarqawi, the operations also swept up “hundreds of anonymous, and often innocent, detainees.” One senior Pentagon officer, quoted by the Washington Post, warns, “People will ask, what message are we sending when our high-value-target hunter is sent to lead in Afghanistan?” [Sifton and Garlasco, 7/22/2006; Washington Post, 5/13/2009] Newsweek has noted that JSOC is likely part of what then-Vice President Dick Cheney was referring to when he said America would have to “work the dark side” after 9/11 (see September 16, 2001). [Newsweek, 6/26/2006] Furthermore, investigative reporter Seymour Hersh has reported that JSOC ran what he called an “executive assassination wing” that reported directly to Cheney’s office, which then cleared lists of people to be targeted for assassination by secret JSOC units (see March 10, 2009 and March 31, 2009).
Pat Tillman Silver Star Controversy - The Pentagon’s inspector general found McChrystal responsible for promulgating false and misleading information in the aftermath of the “friendly fire” death of Pat Tillman in 2004. In the controversy, McChrystal had approved paperwork recommending Tillman for a silver star, which stated that he died from “devastating enemy fire,” despite knowledge of internal investigations pointing to friendly fire as the cause of death (see April 29, 2004) and April 23-Late June, 2004). McChrystal then backtracked only when he learned that then-President Bush was about to quote from the misleading silver star citation in a speech. The US Army later overruled the Pentagon inspector general’s recommendation that McChrystal be held accountable for his actions. [Washington Post, 8/4/2007; Daily Telegraph, 5/17/2009]

Entity Tags: Seymour Hersh, Task Force 121, Robert M. Gates, Task Force 626, Richard (“Dick”) Cheney, David Rodriguez, Obama administration, Camp Nama, David D. McKiernan, Human Rights Watch, Joint Special Operations Command, Michael Mullen, Pat Tillman, Stanley A. McChrystal

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Stanley McChrystal arrives in Kabul with teams of counterinsurgency staff within days of his nomination to replace General David McKiernan (see May 11, 2009) as top commander in Afghanistan. Military and foreign policy analyst Mark Perry will later report that McChrystal “commandeers” McKiernan’s headquarters on arrival in Kabul. McChrystal’s teams then fan out all over the country to assess the need for a large increase in US troops to fight a strengthening insurgency. “They absolutely flooded the zone,” a US development officer will tell Perry. “There must have been hundreds of them. They were in every province, every village, talking to everyone. There were 10 of them for every one of us.” Perry will also cite a White House official who asserts that McChrystal and his team use the period before his official confirmation to the top post to begin building a case for more US troops. “From the minute that McChrystal showed up in Kabul, he drove the debate,” the White House official will say. “You’ll notice—from May on it was no longer a question of whether we should follow a military strategy or deploy additional troops. It was always, ‘should we do 20,000 or 30,000 or 40,000, or even 80,000’? We weren’t searching for the right strategy; we were searching for the right number.” [Asia Times, 12/10/2009]

Entity Tags: Stanley A. McChrystal, David D. McKiernan, Mark Perry

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events.Fox News’s Web site, Fox Nation, features a banner advertisement for May 14’s ‘Tea Party 2.0’ events. [Source: Media Matters]As it did with the April 15 “tea parties” (see April 15, 2009), Fox News actively promotes the May 14 anti-tax “tea party” protests scheduled to take place at venues around the country. The protests, dubbed “Tea Party 2.0,” are a major portion of Fox’s coverage before and during the May 14 events. On May 13, Fox News host Greta Van Susteren hosts one of the events’ highest-profile organizers, Governor Mark Sanford (R-SC), speaking on behalf of the Republican Governors Association (RGA), one of the hosts of the events. “If you wanted to go to a tea party on April 15 but could not make it or there was none in your hometown, tomorrow’s your big chance,” she says. She also asks Sanford if viewers can log on to a Web site for more information, and asks for a phone number for more information. During the interview, Fox News shows an on-screen text crawl that reads, “To sign up for Tea Party 2.0 go to: www.thegopcomeback.com” (see October 13, 2009). [Media Matters, 5/14/2009; Media Matters, 5/15/2009]

Entity Tags: Marshall Clement (“Mark”) Sanford, Jr, Fox News, Republican Governors Association, Greta Van Susteren

Timeline Tags: Domestic Propaganda, 2010 Elections

Former Justice Department lawyer John Yoo, who authored numerous legally untenable memos authorizing torture and the preeminence of the executive branch (see September 21, 2001, September 25, 2001, September 25, 2001, October 23, 2001, November 6-10, 2001, and January 9, 2002), writes that in the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009), “empathy has won out over excellence in the White House.” Yoo, who calls the Justice she is replacing, David Souter, an equally “weak force on the high court,” writes that President Obama “chose a judge distinguished from the other members of [his list of potential nominees] only by her race. Obama may say he wants to put someone on the Court with a rags-to-riches background, but locking in the political support of Hispanics must sit higher in his priorities.” Sotomayor’s record is “undistinguished,” Yoo writes, and “will not bring to the table the firepower that many liberal academics are asking for.” She will not be the intellectual and legal equal of conservatives Antonin Scalia and Clarence Thomas, he says. “Liberals have missed their chance to put on the Court an intellectual leader who will bring about a progressive revolution in the law.” Conservatives should challenge her nomination, Yoo writes, because the Court is “a place where cases are decided by a faithful application of the Constitution, not personal politics, backgrounds, and feelings. Republican senators will have to conduct thorough questioning in the confirmation hearings to make sure that she will not be a results-oriented voter, voting her emotions and politics rather than the law.” [American Enterprise Institute, 5/26/2009]

Entity Tags: US Supreme Court, Barack Obama, David Souter, Sonia Sotomayor, John C. Yoo

Timeline Tags: Domestic Propaganda

National Review columnist Mark Krikorian complains that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) should not insist on her name being pronounced properly—with the emphasis on the last syllable. “Putting the emphasis on the final syllable of Sotomayor is unnatural in English,” he writes, “and insisting on an unnatural pronunciation is something we shouldn’t be giving in to.” Krikorian continues: “This may seem like carping, but it’s not. Part of our success in assimilation has been to leave whole areas of culture up to the individual, so that newcomers have whatever cuisine or religion or so on they want, limiting the demand for conformity to a smaller field than most other places would. But one of the areas where conformity is appropriate is how your new countrymen say your name, since that’s not something the rest of us can just ignore, unlike what church you go to or what you eat for lunch. And there are basically two options—the newcomer adapts to us, or we adapt to him. And multiculturalism means there’s a lot more of the latter going on than there should be.” [National Review, 5/27/2009] Two days later, MSNBC host Keith Olbermann derides Krikorian’s argument, noting: “I don’t know when your ancestors arrived in this country, Mr. Krikorian, but there was a time in which immigrants with tough-to-pronounce names were encouraged to change them, or sometimes had them changed for them at Ellis Island and elsewhere. Unless Sitting Bull is one of your ancestors, they either got here afterwards, or, like mine, they resisted this racist wall-papering pap that you are now spouting. If they hadn’t, today, your name, by your own logic, would be Mark Krik.” [MSNBC, 5/29/2009]

Entity Tags: Mark Krikorian, Keith Olbermann, Sonia Sotomayor, US Supreme Court

Timeline Tags: Domestic Propaganda

Former White House political director Karl Rove continues his attacks on Supreme Court nominee Sonia Sotomayor (see May 26, 2009). In a column for the Wall Street Journal, Rove echoes former Justice Department official John Yoo in claiming that the Obama administration chose “empathy” over capability in Sotomayor’s selection (see May 26, 2009). Rove goes one step further than Yoo in equating Sotomayor’s “empathy” with “liberal judicial activism.” “‘Empathy’ is the latest code word for liberal activism,” Rove writes, “for treating the Constitution as malleable clay to be kneaded and molded in whatever form justices want. It represents an expansive view of the judiciary in which courts create policy that couldn’t pass the legislative branch or, if it did, would generate voter backlash.” He accuses Sotomayor, and indirectly President Obama, of a “readiness to discard the rule of law whenever emotion moves them.” He also accuses Obama of attempting to “placate Hispanic groups who’d complained of his failure to appoint more high profile Latinos to his administration.… Mr. Obama also hopes to score political points as GOP senators oppose a Latina. Being able to jam opponents is a favorite Chicago political pastime.” Rove advises Republicans to use Sotomayor’s nomination as an opportunity to “stress their support for judges who strictly interpret the Constitution and apply the law as written.” He notes: “A majority of the public is with the GOP on opposing liberal activist judges. There is something in our political DNA that wants impartial umpires who apply the rules, regardless of who thereby wins or loses.” [Wall Street Journal, 5/28/2009] Hours after his attack column is printed, Rove tells a Fox News audience that Republicans need to treat Sotomayor with “respect” and criticize her over her “philosophy,” not her background. [Think Progress, 5/29/2009]

Entity Tags: Obama administration, Barack Obama, Karl C. Rove, US Supreme Court, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

President Barack Obama lambasts critics of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for their attacks on her (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, and May 29, 2009). Obama says that Sotomayor regrets her choice of words in a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), but goes on to condemn “all this nonsense that is being spewed out” by critics who have accused her of racism and belonging to racist groups. Of her speech, Obama says: “I’m sure she would have restated it. But if you look in the entire sweep of the essay that she wrote, what’s clear is that she was simply saying that her life experiences will give her information about the struggles and hardships that people are going through. That will make her a good judge.” White House spokesman Robert Gibbs says of the racial accusations: “It’s sort of hard to completely quantify the outrage I think almost anybody would feel at the notion that you’re being compared to somebody who used to be a member of the Ku Klux Klan. It’s amazing.” Republican strategist John Ullyot, who worked on judicial nominations as a Congressional staffer, says that “any comments politically on race or gender are fraught with peril for Republicans.” He continues: “A few conservatives from outside of the Senate, in their zeal to pick a fight over Obama’s nominee, decided to get very ugly very quickly. No one in the Senate has followed along, and that’s the loudest condemnation you can have.” Ullyot fails to mention attacks from Republican Senators James Inhofe (R-OK) and Jeff Sessions (R-AL—see May 26, 2009). [Washington Post, 5/29/2009]

Entity Tags: John Ullyot, Barack Obama, US Supreme Court, Robert Gibbs, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

US President Barack Obama and French President Nicolas Sarkozy review French troops during Obama’s 2009 visit to Strasburg.US President Barack Obama and French President Nicolas Sarkozy review French troops during Obama’s 2009 visit to Strasburg. [Source: Shawn Thew / EPA]Jon Scott and Jane Skinner, hosts of Fox News’s “straight news” program Happening Now (see October 13, 2009), air selectively edited clips of President Obama to give the false impression that he has singled out the US for criticism during a trip to France. The segment hinges on an upcoming trip by Obama to Europe and the Middle East. Scott asks if “the president’s upcoming trip [will] be what conservatives might call another apology tour”; in teasing Scott’s segment, Skinner raises the same point. Both Scott and Skinner then air cropped clips from Obama’s April 2009 visit to France. During his April speech, Obama both praised and criticized actions taken by the US, and criticized anti-American sentiment in Europe. However, Scott and Skinner air carefully selected portions of the speech to give impetus to their contention that Obama only criticized the US during his time in France. Fellow Fox News host Sean Hannity has suggested that Obama embarked on a “blame America first” visit and “apology tour.” On-air text and graphics illustrate the “apology tour” contention. Neither Scott nor Skinner inform their audience that in the same speech, Obama criticized Europe and praised the US. Guest Elliott Abrams, the convicted Iran-Contra conspirator (see October 7, 1991), advises Obama “to stop apologizing for our country,” and adds that Obama is making a mistake in spending time talking to Muslims during the trip. [Media Matters, 6/2/2009]

Entity Tags: Elliott Abrams, Barack Obama, Sean Hannity, Jon Scott, Jane Skinner, Fox News

Timeline Tags: Domestic Propaganda, 2010 Elections

Former House Speaker Newt Gingrich (R-GA) writes what appears to be a retraction or withdrawal of his previous accusations that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist (see May 27, 2009). He writes that he was reacting to the news of remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls his “initial reaction… perhaps too strong and too direct.” Others have criticized his “word choice” in his vilification of Sotomayor, and Gingrich writes, “The word ‘racist’ should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his press secretary, Robert Gibbs, have since admitted)” (see May 29, 2009). Gingrich then launches an attack on Sotomayor’s “judicial impartiality” and accuses her of “a betrayal of a fundamental principle of the American system—that everyone is equal before the law.” Gingrich is either unaware of, or ignoring, a recent analysis which disproves the thesis that Sotomayor has systematically exhibited racial bias in her rulings (see May 29, 2009). He calls her a “radical liberal activist” masquerading as a “convention[al] liberal,” and lambasts Obama for believing that “judicial impartiality” is “no longer a quality we can and should demand from our Supreme Court justices.” [Think Progress, 4/3/2007; Human Events, 6/3/2009] Liberal news and analysis Web site Think Progress notes that Gingrich may not be the most impartial person to weigh in on this issue, having called Spanish “the language of living in the ghetto” and warned of “gay and secular fascism” as an imminent threat to American society. [Think Progress, 4/3/2007; Think Progress, 11/17/2008]

Entity Tags: US Supreme Court, Sonia Sotomayor, Newt Gingrich, Barack Obama, Robert Gibbs, Think Progress (.org)

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]

Entity Tags: Republican National Committee, US Supreme Court, Sonia Sotomayor, Michael Steele

Timeline Tags: Domestic Propaganda

Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” [Think Progress, 6/7/2009]

Entity Tags: US Supreme Court, Newt Gingrich, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]

Entity Tags: US Supreme Court, John Cornyn, Sonia Sotomayor, George Herbert Walker Bush

Timeline Tags: Domestic Propaganda

The Supreme Court refuses to hear an appeal concerning former CIA official Valerie Plame Wilson’s dismissed lawsuit against four Bush officials (see July 19, 2007). Plame Wilson had sued former Vice President Dick Cheney (see July 7-8, 2003), former White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003), for deliberately disclosing her covert CIA status to reporters. Plame Wilson and her co-plaintiff, husband Joseph Wilson, have said their case is about “abuse of power at the highest level of American government.” The dismissal of their lawsuit was upheld by a federal appeals court in 2008. [Fox News, 6/22/2009] In May, Solicitor General Elena Kagan urged the Court to deny the Wilsons’ appeal, saying that the lawsuit did not meet the criteria of the 1974 Privacy Act. The law, Kagan argued, barred federal employees from being sued; only their agencies could be sued. [Mother Jones, 6/22/2009]

Entity Tags: Karl C. Rove, Joseph C. Wilson, US Supreme Court, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Elena Kagan

Timeline Tags: Niger Uranium and Plame Outing

L.E. Ikenga, a Nigerian-American woman who has published numerous essays and articles in conservative publications, writes in the conservative blog American Thinker that President Obama holds the African-centric views of his Kenyan father, and has “adopt[ed]… a cultural and political mindset rooted in postcolonial Africa.” Ikenga writes: “[D]espite what CNN and the rest are telling you, Barack Obama is nothing more than an old school African colonial who is on his way to turning this country into one of the developing nations that you learn about on the National Geographic Channel. Many conservative (East, West, South, North) African-Americans like myself—those of us who know our history—have seen this movie before.” She accuses Obama of conducting a “masquerade” as an American who believes in democracy, when he really identifies with his Kenyan heritage and is “intrinsically undemocratic.” His true intentions are those of any “African colonial politician,” she writes: “a complete power grab whereby the ‘will of the people’ becomes completely irrelevant.” Ikenga writes that Obama is using the United States to play out his African colonial dreams of power. She bases her assertion on material drawn from his 1995 memoir Dreams from My Father, which she calls “an eloquent piece of political propaganda.” In Ikenga’s reading of the book, Obama “clearly sees himself as an African, not as a black American,” which she says he proved by actually going to Kenya to visit the homeland of his father. This visit, she says, “provides the main clue for understanding Barack Obama.” She concludes by warning that “the African colonial who is given too much political power can only become one thing: a despot.” [Fresh Conservative, 2009; L.E. Ikenga, 6/25/2009] The next day, conservative radio host Rush Limbaugh will read extensively from Ikenga’s article, which he calls “a special piece.” He concludes that Obama is “more African in his roots than he is American,” and declares: “[Obama] wants to turn this into a third world country.… The only way to try to do this is to just attack the private sector and deplete it of its resources, of its money, of its capital, which is exactly what he is doing.… We’ve elected somebody who is more African in his roots than he is American, loves his father who is a Marxist, and is behaving like an African colonial despot.” [Media Matters, 6/26/2009]

Entity Tags: L.E. Ikenga, Barack Obama, Rush Limbaugh

Timeline Tags: Domestic Propaganda, 2010 Elections

The bust of Winston Churchill, loaned to the White House by the British government.The bust of Winston Churchill, loaned to the White House by the British government. [Source: WorldMeets (.us)]Conservative radio host Glenn Beck tells his listeners that President Obama recently returned a bust of Winston Churchill to Great Britain because of his secret hatred of the British. Britain gave President Bush a bust of Churchill to display in the Oval Office during his term of office. In February 2009, Obama returned the bust and replaced it with a bust of President Abraham Lincoln; he added a bust of Dr. Martin Luther King Jr. to the display. At the time, London’s Daily Telegraph reported that the bust had only been lent to the White House: according to the British Embassy, it had been “uniquely lent to a foreign head of state, President George W. Bush,” not given in perpetuity to the US government. A British Embassy spokesman told the Telegraph: “The bust of Sir Winston Churchill by Sir Jacob Epstein was uniquely lent to a foreign head of state, President George W. Bush, from the Government Art Collection in the wake of 9/11 as a signal of the strong transatlantic relationship. It was lent for the first term of office of President Bush. When the president was elected for his second and final term, the loan was extended until January 2009. The new president has decided not to continue this loan and the bust has now been returned. It is on display at the ambassador’s residence.” The White House curator, William Allman, said at the time, “It was already scheduled to go back.” However, Beck explains that Obama returned the bust because he harbors a secret hatred for the British. Beck tells his listeners that Obama’s paternal grandfather, a Kenyan, was tortured by the British during the Mau Mau Uprising in the 1950s, and that is the source of Obama’s supposed hatred. Beck presents no other evidence that Obama holds any sort of grudge or negative feelings towards the British, and ignores the fact that the Churchill bust had been slated to be returned to Britain at the end of Bush’s second term. Beck also fails to inform his listeners that Obama keeps a British treasure on his desk: a wooden penholder made from wood taken from a British sailing ship and given to him by former British Prime Minister Gordon Brown. Instead, Beck tells his listeners: “Why does Obama harbor animosity towards the British?… A listener called me this morning. Said he had found information about Barack Obama’s grandfather in an old Irish newspaper but couldn’t verify it. I said okay, what is it? We looked into it. The information, took us about 20 minutes to find. It was out there, but until today I never heard about this information, and I’m kind of in the Barack Obama business, you know what I mean? I don’t think you have. Maybe you have. What puts you in a position to act unexplainably in weird ways toward the ally? Something must have happened in your life and maybe this is a part of it.” The news report apparently carried an account from Obama’s Kenyan step-grandmother, who told of her husband being tortured by British soldiers during the 1950s. In light of this information, Beck says it “sure makes sense” that Obama would hate the British, and adds that if it had been his grandfather who was mistreated, “I certainly wouldn’t want someone like me dealing with longtime allies.” [Daily Telegraph, 2/14/2009; Associated Press, 1/5/2010; Media Matters, 6/29/2010] Beck is echoing themes advanced by a Nigerian-American conservative in a recent Internet publication, who claimed that Obama is secretly an “African colonial” (see June 25, 2009).

Entity Tags: Glenn Beck, George W. Bush, William Allman, Barack Obama

Timeline Tags: Domestic Propaganda, 2010 Elections

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