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Context of 'Summer 2001: White House Refusal to Comply with GAO Request Centered in Establishing Principle of Secrecy in White House Communications'

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President Abraham Lincoln, responding to a Confederate attack on Fort Sumter in South Carolina, does not wait for Congress to begin its next session to make his response. Instead, Lincoln, wielding powers that the Constitution does not grant him and without a formal declaration of war, drastically enlarges the Union’s army and navy, blockades Southern ports, spends money not appropriated by Congress, and arrests Northern citizens suspected of being Confederate sympathizers. All of these steps exceed his authority under the Constitution and under federal law. Lincoln addresses Congress as soon as it reconvenes, admitting that he has exceeded his authority (see 1787 and 1793), and refusing to argue that his actions are lawful based on any “prerogative of power” inherent to the presidency. Instead, he explains that he felt he had to respond immediately to the sudden crisis, and asks Congress to retroactively authorize his emergency actions. He says, “These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a public necessity, trusting then, as now, that Congress would readily ratify them.” Congress gives Lincoln the retroactive authorization he seeks. [Savage, 2007, pp. 16-17]

Entity Tags: Abraham Lincoln

Timeline Tags: Civil Liberties

Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ Senator Benjamin Tillman, an ardent segregationist who once said, ‘My Democracy means white supremacy.’ [Source: Black Americans in Congress]President Theodore “Teddy” Roosevelt signs the Tillman Act into law. The Act prohibits monetary contributions to national political campaigns by corporations and national banks. Roosevelt, dogged by allegations that he had accepted improper donations during his 1904 presidential campaign, has pushed for such restrictions since he took office (see August 23, 1902 and December 5, 1905). [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file; Moneyocracy, 2/2012] Senator Benjamin Tillman (D-SC), later described by National Public Radio as a “populist and virulent racist,” sponsored the bill. [National Public Radio, 2012] In 1900, Tillman was quoted as saying about black voters: “We have done our level best. We have scratched our heads to find out how we could eliminate every last one of them. We stuffed ballot boxes. We shot them. We are not ashamed of it.” [Atlas, 2010, pp. 205] Unfortunately, the law is easily circumvented. Businesses and corporations give employees large “bonuses” with the understanding that the employee then gives the bonus to a candidate “endorsed” by the firm. Not only do the corporations find and exploit this loophole, they receive an additional tax deduction for “employee benefits.” The law will be amended to cover primary elections in 1911 (see 1911). [Campaign Finance Timeline, 1999]

Entity Tags: Benjamin Tillman, Theodore Roosevelt, Tillman Act

Timeline Tags: Civil Liberties

The German Reich Ministry of Justice issues a secret memo following a meeting of several Justice Ministry lawyers and public prosecutors with senior Gestapo officers. The participants discuss the fact that Germany has been on a war footing for years, and the leaders’ worry that the citizenry is riddled with sleeper cells of subversives. The solution: detaining and torturing subversives. It is unclear whether torture will be used to terrorize other subversives, to extract information, or produce confessions. German law enforcement officials are balky at applying “more rigorous interrogation” techniques. Though some judges seem unmoved by defendants appearing in court with obvious marks of torture upon their bodies, the law enforcement officers are bureaucrats in a system that has always respected the rule of law and the Hitler government was originally elected on a law-and-order platform. The memo is the product of the top officials in the Gestapo and Justice Ministry, and lays out detailed instructions as to when torture techniques can be applied, the specific equipment used in such interrogations, and how many times particular techniques could be used on certain categories of detainees. Perhaps most importantly, the memo promises immunity from prosecution to any German interrogator who follows the rules as laid down in the memo.
Specific Instructions - It reads in part: “At present, we thus have a situation which cannot continue: a deficient sense of what is right on the part of judicial officers; an undignified position for police officers, who try to help matters by foolish denials [that torture has taken place in court proceedings].… [I]nterrogations of this kind [torture] may be undertaken in cases where charges involve the immediate interests of the state.… chiefly treason and high treason. Representatives of the Gestapo expressed the opinion that a more rigorous interrogation could also be considered in cases of Jehovah’s Witnesses, explosives, and sabotage.… As a general principle, in more rigorous interrogations only blows with a club on the buttocks are permissible, up to 25 such blows. The number is to be determined in advance by the Gestapo.… Beginning with the tenth blow, a physician must be present. A standard club will be designated, to eliminate all irregularities.” Gestapo Headquarters in Berlin must give permission for more “rigorous interrogation[s],” the memo continues.
Drawing Parallels to Bush Administration Torture - The memo will be the subject of a 2009 article by Shayana Kadidal, the senior managing attorney of the Guantanamo project at the Center for Constitutional Rights. Kadidal will draw parallels between the Nazi torture authorization and similar legal justifications issued by the American government after the 9/11 attacks (see March 2, 2009 and April 21, 2009). Kadidal will write: “I realize that, as a matter of principle, there is a strong bias against making Nazi analogies to any events happening in our modern world.… But here we have: (1) a system set up to allow torture on certain specific individual detainees, (2) specifying standardized equipment for the torture (apparently down to the exact length of the club to be used), along with physician participation to ensure survival of the victim for the more several applications, (3) requiring prior approval of the use of torture from the central authorities in the justice department and intelligence agency in the capital, so as to ensure that (6) the local field officers actually carrying out the abuse are immune from prosecution.” [Huffington Post, 4/21/2009]

Entity Tags: Gestapo, Shayana Kadidal, German Reich Ministry of Justice

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

In the case of United States v. Auto Workers, the Supreme Court reverses a lower court’s dismissal of an indictment against a labor union accused of violating federal laws prohibiting corporations and labor unions from making contributions or expenditures in federal elections (see June 23, 1947). Justice Felix Frankfurter writes the majority opinion; Chief Justice Earl Warren and Justices William O. Douglas and Hugo Black dissent. In a 5-3 decision, the Court finds the International Union United Automobile, Aircraft, and Agricultural Implement Workers of America liable for its practice of using union dues to sponsor television commercials relating to the 1954 Congressional elections. [UNITED STATES v. AUTO. WORKERS, 2011; Moneyocracy, 2/2012] Law professor Allison R. Hayward will later write that in her opinion the Court finding created “a fable of campaign finance reform… dictated by political opportunism. Politicians used reform to exploit public sentiment and reduce rivals’ access to financial resources.… [J]udges should closely examine campaign finance regulation and look for the improper use of legislation for political gain instead of simply deferring to Congress. Undue deference to the Auto Workers fable of reform could lead to punishment for the exercise of political rights. Correcting the history is thus essential to restoring proper checks on campaign finance legislation.” Hayward will argue that Frankfurter used a timeline of Congressional efforts to curb and reform campaign finance practices as an excuse to allow powerful political interests to exert restrictions on political opponents with less access to large election finance contributions. The case is used uncritically, and sometimes unfairly, to influence later campaign reform efforts, Hayward will argue. [Hayward, 6/17/2008 pdf file]

Entity Tags: US Supreme Court, Earl Warren, Allison R. Hayward, Felix Frankfurter, International Union United Automobile, Aircraft, and Agricultural Implement Workers of America, William O. Douglas, Hugo Black

Timeline Tags: Civil Liberties

The NSA launches the first of seven satellites, code-named “Canyon,” that can pick up various types of voice and data traffic from Earth orbit. Canyon will lead to a more sophisticated satellite intelligence system, code-named “Rhyolite” (later “Aquacade”—see Early 1970s). [Federation of American Scientists, 7/17/1997]

Entity Tags: Rhyolite, National Security Agency, Canyon

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The US and the Soviet Union sign the Anti-Ballistic Missile Systems (ABM) Treaty. It will be ratified by the US Senate in August 1972, and will go into force in October 1972. Originally, the treaty agrees that each nation can have only two ABM deployment areas, located so that those areas cannot provide a nationwide ABM defense or become the basis for developing one. In essence, the ABM Treaty prevents either nation from developing a missile defense system (see March 23, 1983), and allows each country the likelihood of destroying the other with an all-out nuclear barrage. The treaty puts in place the doctrine of MAD, or Mutual Assured Destruction, which states that because both nations can obliterate the other in a nuclear exchange, neither one will trigger such a strike. In 1976, an addendum to the treaty further limits the number of ABM deployment areas from two to one; the Soviets will deploy a rudimentary ABM system around Moscow, but the US never does, and even deactivates its single ABM site near Grand Forks, North Dakota. In 2001, US President George W. Bush will unilaterally withdraw from the treaty (see December 13, 2001 and June 14, 2002). [Federation of American Scientists, 1/15/2008]

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

Headline from the New York Times regarding the ‘Roe’ decision.Headline from the New York Times regarding the ‘Roe’ decision. [Source: RubeReality (.com)]The US Supreme Court, in a 7-2 decision, legalizes abortion on a federal level in the landmark case of Roe v. Wade. The majority opinion is written by Justice Harry Blackmun; he is joined by Chief Justice Warren Burger and Justices William O. Douglas, William Brennan, Potter Stewart, Thurgood Marshall, and Lewis Powell. Justices Byron “Whizzer” White and William Rehnquist dissent from the opinion. Blackmun’s majority opinion finds that the 14th Amendment’s guarantees of personal liberty and previous decisions protecting privacy in family matters include a woman’s right to terminate her pregnancy. White’s dissent argues that the Court has “fashion[ed] and announce[d] a new constitutional right for pregnant mothers and, with scarcely any reason or authority for its action, invest[ed] that right with sufficient substance to override most existing state abortion statutes.” The decision does not make abortion freely available to women in any stage of pregnancy. It places the following constraints:
bullet No restrictions on availability are made during the first trimester (three months) of a woman’s pregnancy.
bullet Because of increased risks to a woman’s health during the second trimester, the state may regulate the abortion procedure only “in ways that are reasonably related to maternal health.”
bullet In the third and final trimester, since the rate of viability (live birth) is markedly greater than in the first two trimesters, the state can restrict or even prohibit abortions as it chooses, “except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.”
Originally brought to challenge a Texas law prohibiting abortions, the decision disallows a host of state and federal restrictions on abortion, and sparks an enormous controversy over the moral, religious, and legal viability of abortion that continues well into the 21st century. [ROE v. WADE, 410 US 113 (1973), 1/22/1973; CNN, 1/22/2003; National Abortion Federation, 2010] In a related case, Roe v. Bolton, the Court strikes down restrictions on facilities that can be used to provide abortions. The ruling leads to the establishment of so-called “abortion clinics.” [CBS News, 4/19/2007]

Entity Tags: Potter Stewart, Byron White, Lewis Powell, Harry Blackmun, William Rehnquist, US Supreme Court, William O. Douglas, Warren Burger, William Brennan, Thurgood Marshall

Timeline Tags: US Health Care, Civil Liberties

In the aftermath of the Watergate scandal (see August 8, 1974), amendments to the Federal Election Campaign Act (FECA—see February 7, 1972) provide the option for full public financing for presidential general elections, matching funds for presidential primaries, and public expenditures for presidential nominating conventions. The amendments also set spending limits on presidential primaries and general elections as well as for House and Senate primaries. The amendments give some enforcement provisions to previously enacted spending limits on House and Senate general elections. They set strict spending guidelines: for presidential campaigns, each candidate is limited to $10 million for primaries, $20 million for general elections, and $2 million for nominating conventions; Senatorial candidates are limited to $100,000 or eight cents per eligible voter, whichever is higher, for primaries, and higher limits of $150,000 or 12 cents per voter for general elections; House candidates are limited to $70,000 each for primaries and general elections. Loans are treated as contributions. The amendments create an individual contribution limit of $1,000 to a candidate per election and a PAC (political action committee) contribution limit of $5,000 to a candidate per election (this provision will trigger what the Center for Responsive Politics will call a “PAC boom” in the late 1970s). The total aggregate contributions from an individual are set at $25,000 per year. Candidates face further restrictions on how much personal wealth they can contribute to their own campaign. The 1940 ban on contributions from government employees and contract workers (see 1940) is repealed, as are the 1971 limitations on media spending. Perhaps most importantly, the amendments create the Federal Election Commission (FEC) to oversee and administer campaign law. (Before, enforcement and oversight responsibilities were spread among the Clerk of the House, the Secretary of the Senate, and the Comptroller General of the United States General Accounting Office (GAO), with the Justice Department responsible for prosecuting violators (see 1967).) The FEC is led by a board of six commissioners, with Congress appointing four of those commissioners and the president appointing two more. The Secretary of the Senate and the Clerk of the House are designated nonvoting, exofficio commissioners. [Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file] Part of the impetus behind the law is the public outrage over the revelations of how disgraced ex-President Nixon’s re-election campaign was funded, with millions of dollars in secret, illegal corporate contributions being funneled into the Nixon campaign. [Campaign Finance Timeline, 1999; Connecticut Network, 2006 pdf file]

Entity Tags: Center for Responsive Politics, Federal Election Campaign Act of 1972, Federal Election Commission, US Department of Justice

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

President Ford fires a number of Nixon holdovers and replaces them with “my guys… my own team,” both to show his independence and to prepare for a bruising 1976 primary battle with Ronald Reagan. The wholesale firings and reshufflings are dubbed the “Halloween Massacre.” Donald Rumsfeld becomes secretary of defense, replacing James Schlesinger (see November 4, 1975). George H. W. Bush replaces William Colby as director of the CIA. Henry Kissinger remains secretary of state, but his position as national security adviser is given to Brent Scowcroft. Dick Cheney, Rumsfeld’s deputy chief of staff, moves up to become the youngest chief of staff in White House history. Perhaps the most controversial decision is to replace Nelson Rockefeller as Ford’s vice-presidential candidate for the 1976 elections. Ford’s shake-up is widely viewed as his cave-in to Republican Party hardliners. He flounders in his defense of his new staffers: for example, when Senator Barry Goldwater (R-AZ) asks him why he thinks Rumsfeld is qualified to run the Pentagon, Ford replies, “He was a pilot in the Korean War.” The ultimate winner in the shake-up is Rumsfeld, who instigated the moves from behind the scenes and gains the most from them. Rumsfeld quickly wins a reputation in Washington as a political opportunist, gunning for the vice presidency in 1976 and willing to do whatever is necessary to get it. Rockefeller tells Ford: “Rumsfeld wants to be president of the United States. He has given George Bush the deep six by putting him in the CIA, he has gotten me out.… He was third on your [vice-presidential] list (see August 16-17, 1974) and now he has gotten rid of two of us.… You are not going to be able to put him on the [ticket] because he is defense secretary, but he is not going to want anybody who can possibly be elected with you on that ticket.… I have to say I have a serious question about his loyalty to you.” Later, Ford will write of his sharp regret in pushing Rockefeller off the ticket: “I was angry at myself for showing cowardice in not saying to the ultraconservatives: It’s going to be Ford and Rockefeller, whatever the consequences.” [Werth, 2006, pp. 340-341] “It was the biggest political mistake of my life,” Ford later says. “And it was one of the few cowardly things I did in my life.” [US Senate, 7/7/2007]

Entity Tags: Ronald Reagan, William Colby, Richard (“Dick”) Cheney, James R. Schlesinger, Barry Goldwater, Donald Rumsfeld, Brent Scowcroft, George Herbert Walker Bush, Gerald Rudolph Ford, Jr, Henry A. Kissinger, Nelson Rockefeller

Timeline Tags: Nixon and Watergate

The Supreme Court case Buckley v. Valeo, filed by Senator James L. Buckley (R-NY) and former Senator Eugene McCarthy (D-WI) against the Secretary of the Senate, Francis R. Valeo, challenges the constitutionality of the Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) on free-speech grounds. The suit also named the Federal Election Commission (FEC) as a defendant. A federal appeals court validated almost all of FECA, and the plaintiffs sent the case to the Supreme Court. The Court upholds the contribution limits set by FECA because those limits help to safeguard the integrity of elections. However, the court overrules the limits set on campaign expenditures, ruling: “It is clear that a primary effect of these expenditure limitations is to restrict the quantity of campaign speech by individuals, groups, and candidates. The restrictions… limit political expression at the core of our electoral process and of First Amendment freedoms.” One of the most important aspects of the Supreme Court’s ruling is that financial contributions to political campaigns can be considered expressions of free speech, thereby allowing individuals to essentially make unrestricted donations. The Court implies that expenditure limits on publicly funded candidates are allowable under the Constitution, because presidential candidates may disregard the limits by rejecting public financing (the Court will affirm this stance in a challenge brought by the Republican National Committee in 1980).
Provisions of 'Buckley' - The Court finds the following provisions constitutional:
bullet Limitations on contributions to candidates for federal office;
bullet Disclosure and record-keeping provisions; and
bullet The public financing of presidential elections.
However, the Court finds these provisions unconstitutional:
bullet Limitations on expenditures by candidates and their committees, except for presidential candidates who accept public funding;
bullet The $1,000 limitation on independent expenditures;
bullet The limitations on expenditures by candidates from their personal funds; and
bullet The method of appointing members of the FEC, holding that as the method stands, it violates the principle of separation of powers.
In May 1976, following the Court’s ruling, the FEC will reconstitute its board with six presidential appointees after Senate confirmation. [Federal Elections Commission, 3/1997; Federal Elections Commission, 1998; Campaign Finance Timeline, 1999; Center for Responsive Politics, 2002 pdf file; Casebriefs, 2012]
No Clear Authors - The opinion is labeled per curiam, a term usually reserved for brief and minor Court decisions when authorship of an opinion is less relevant. It is unclear exactly which Justices write the opinion. Most Court observers believe Justice William Brennan writes the bulk of the opinion, but Brennan’s biographers will later note that sections of the opinion are authored by Chief Justice Warren Burger and Justices Potter Stewart, Lewis Powell, and William Rehnquist. The opinion is an amalgamation of multiple authors, reflecting the several compromises made in the resolution of the decision. [New Yorker, 5/21/2012]
Criticism of 'Buckley' - Critics claim that the ruling enshrines the principle of “money equals speech.” The ruling also says that television and radio advertisements that do not expressly attack an individual candidate can be paid for with “unregulated” funds. This leads organizations to begin airing “attack ads” that masquerade as “issue ads,” ostensibly promoting or opposing a particular social or political issue and avoiding such words as “elect” or “defeat.” [National Public Radio, 2012] In 1999, law professor Burt Neuborne will write: “Buckley is like a rotten tree. Give it a good, hard push and, like a rotten tree, Buckley will keel over. The only question is in which direction.” Neuborne will write that his preference goes towards reasonable federal regulations of spending and contributions, but “any change would be welcome” in lieu of this decision, and even a completely deregulated system would be preferable to Buckley’s legal and intellectual incoherence. [New York Times, 5/3/2010] In 2011, law professor Richard Hasen will note that while the Buckley decision codifies the idea that contributions are a form of free speech, it also sets strict limitations on those contributions. Calling the decision “Solomonic,” Hasen will write that the Court “split the baby, upholding the contribution limits but striking down the independent spending limit as a violation of the First Amendment protections of free speech and association.” Hasen will reflect: “Buckley set the main parameters for judging the constitutionality of campaign finance restrictions for a generation. Contribution limits imposed only a marginal restriction on speech, because the most important thing about a contribution is the symbolic act of contributing, not the amount. Further, contribution limits could advance the government’s interest in preventing corruption or the appearance of corruption. The Court upheld Congress’ new contribution limits. It was a different story with spending limits, which the Court said were a direct restriction on speech going to the core of the First Amendment. Finding no evidence in the record then that independent spending could corrupt candidates, the Court applied a tough ‘strict scrutiny’ standard of review and struck down the limits.” [Slate, 10/25/2011] In 2012, reporter and author Jeffrey Toobin will call it “one of the Supreme Court’s most complicated, contradictory, incomprehensible (and longest) opinions.” [New Yorker, 5/21/2012]

Entity Tags: Federal Election Campaign Act of 1972, Federal Election Commission, James Buckley, Jeffrey Toobin, US Supreme Court, Eugene McCarthy, Lewis Powell, Potter Stewart, Burt Neuborne, William Rehnquist, Warren Burger, Richard L. Hasen, William Brennan

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972 and 1974) passed by Congress after the controversial Buckley ruling by the Supreme Court (see January 30, 1976) bring FECA into conformity with the Court’s decision. The amendments repeal expenditure limits except for presidential candidates who accept public funding, and revise the provisions governing the appointment of commissioners to the Federal Election Commission (FEC). The amendments also limit the scope of PAC fundraising by corporations and labor unions. The amendments limit individual contributions to national political parties to $20,000 per year, and individual contributions to a PAC to $5,000 per year. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] However, the Constitution restricts what Congress can, or is willing, to do, and the amendments are relatively insignificant. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972, US Supreme Court

Timeline Tags: Civil Liberties

The US Foreign Intelligence Advisory Board recommended in 1970 that “economic intelligence be considered a function of national security” equal to that of other intelligence. In 1977, the NSA, CIA, and Department of Commerce forms a joint “Office of Intelligence Liaison” (later renamed the “Office of Executive Support”) specifically authorized to handle “foreign intelligence” of interest to the Commerce Department, much of it provided by the NSA. The other countries using Echelon, the NSA’s satellite surveillance program, which include Britain, Canada, Australia, and New Zealand, all operate similar programs. President Bill Clinton will extend this operation in 1993. In 1993, the European company Panavia will be specifically targeted over aircraft sales to the Middle East. In 1994, US companies will be given NSA and CIA intelligence intercepts that help them win contracts in Indonesia. Other information that will be provided by US intelligence to US and allied corporations include information about the emission standards for Japanese automobiles, 1995 trade negotiations over the US importing of Japanese luxury cars, France’s participation in the GATT trade negotiations of 1993, and the 1997 Asian-Pacific Economic Conference. [Science and Technology Assessments Office, 8/15/2000]

Entity Tags: William Jefferson (“Bill”) Clinton, Issuetsdeah, National Security Agency, Office of Executive Support, Panavia

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Supreme Court, in the case of First National Bank of Boston v. Bellotti, rules 5-4 that corporations have the First Amendment right to make contributions in order to influence political processes. Writing for the majority, Justice Lewis Powell finds that under the recent Buckley ruling (see January 30, 1976), corporate political donations are protected speech. Powell’s opinion finds that a Massachusetts criminal statute prohibiting corporations from spending money for the purpose of “influencing or affecting” voters’ opinions is not legitimate. The split among the justices is unusual, with Powell, a conservative, being joined by two more conservatives, Chief Justice Warren Burger and Potter Stewart, and liberals Harry Blackmun and John Paul Stevens. The four dissenters are liberals William Brennan and Thurgood Marshall, and conservatives Byron White and William Rehnquist. [FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012; Moneyocracy, 2/2012] Rehnquist’s standalone dissent advocates for far stricter controls on corporate spending in elections than most of the other justices’ dissents, with Rehnquist writing that such spending could “pose special dangers in the political sphere.” [Reclaim Democracy, 4/26/1978; FIRST NATIONAL BANK OF BOSTON v. BELLOTTI, 2012]

Entity Tags: Lewis Powell, Byron White, John Paul Stevens, William Rehnquist, Warren Burger, Harry Blackmun, William Brennan, US Supreme Court, Potter Stewart, Thurgood Marshall

Timeline Tags: Civil Liberties

Oil billionaire David Koch runs for vice president on the Libertarian Party ticket. David and his brother Charles are the primary backers of hard-right libertarian politics in the US (see August 30, 2010); Charles, the dominant brother, is determined to tear government “out at the root,” as he will later be characterized by libertarian Brian Doherty. The brothers have thrown their support behind Libertarian presidential candidate Ed Clark, who is running against Republican Ronald Reagan from the right of the political spectrum. The brothers are frustrated by the legal limits on campaign financing, and they persuade the party to place David on the ticket as vice president, thereby enabling him to spend as much of his personal fortune as he likes. The Libertarian’s presidential campaign slogan is, “The Libertarian Party has only one source of funds: You.” In reality, the Koch brothers’ expenditures of over $2 million is the campaign’s primary source of funding. Clark tells a reporter that the Libertarians are preparing to stage “a very big tea party” because people are “sick to death” of taxes. The Libertarian Party platform calls for the abolition of the FBI and the CIA, as well as of federal regulatory agencies, such as the Securities and Exchange Commission and the Department of Energy. The platform proposes the abolition of Social Security, minimum-wage laws, gun control, and all personal and corporate income taxes; in return, it proposes the legalization of prostitution, recreational drugs, and suicide. Government should be reduced to only one function, the party proclaims: the protection of individual rights. Conservative eminence William F. Buckley Jr. calls the movement “Anarcho-Totalitarianism.” The Clark-Koch ticket receives only one percent of the vote in the November 1980 elections, forcing the Koch brothers to realize that their brand of politics isn’t popular. In response, Charles Koch becomes openly scornful of conventional politics. “It tends to be a nasty, corrupting business,” he says. “I’m interested in advancing libertarian ideas.” Doherty will later write that both Kochs come to view elected politicians as merely “actors playing out a script.” Doherty will quote a longtime confidant of the Kochs as saying that after the 1980 elections, the brothers decide they will “supply the themes and words for the scripts.” In order to alter the direction of America, they had to “influence the areas where policy ideas percolate from: academia and think tanks.” [New Yorker, 8/30/2010]

Entity Tags: Libertarian Party, Brian Doherty, Charles Koch, Ronald Reagan, David Koch, William F. Buckley, Ed Clark

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The federal government passes even more amendments to the 1971 Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976). The new amendments simplify campaign finance reporting requirements, encourage political party activity at the state and local levels, and increase the public funding grants for presidential nominating conventions. The new amendments prohibit the Federal Election Commission (FEC) from conducting random campaign audits. They also allow state and local parties to spend unlimited amounts on federal campaign efforts, including the production and distribution of campaign materials such as signs and bumper stickers used in “get out the vote” (GOTV) efforts. [Federal Elections Commission, 1998; Center for Responsive Politics, 2002 pdf file] The amendment creates what later becomes known as “soft money,” or donations and contributions that are essentially unregulated as long as they ostensibly go for “party building” expenses. The amendments allow corporations, labor unions, and wealthy individuals to contribute vast sums to political parties and influence elections. By 1988, both the Republican and Democratic Parties will spend inordinate and controversial amounts of “soft money” in election efforts. [National Public Radio, 2012] While the amendments were envisioned as strengthening campaign finance law, many feel that in hindsight, the amendments actually weaken FECA and campaign finance regulation. Specifically, the amendments reverse much of the 1974 amendments, and allow money once prohibited from being spent on campaigns to flow again. [Campaign Finance Timeline, 1999]

Entity Tags: Federal Election Commission, Federal Election Campaign Act of 1972

Timeline Tags: Civil Liberties

Incoming presidential chief of staff James Baker asks a former chief of staff, Dick Cheney (see November 4, 1975 and After), for advice on handling the job. Baker takes four pages of handwritten notes covering his conversation with Cheney. Most of the notes cover mundane topics such as personnel and managing the president’s schedule. But Cheney offers at least one piece of policy advice. According to Baker’s notes: “Pres. seriously weakened in recent yrs. Restore power & auth [authority] to Exec Branch—Need strong ldr’ship. Get rid of War Powers Act—restore independent rights.” Baker notes Cheney’s emphasis of this last idea by marking it with two double lines and six asterisks, and a note in the margin, “Central theme we ought to push.” [Savage, 2007, pp. 43]

Entity Tags: Richard (“Dick”) Cheney, James A. Baker

Timeline Tags: Civil Liberties

Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975.Donald Rumsfeld and Dick Cheney, along with then-President Gerald Ford, April 28, 1975. [Source: David Hume Kennerly / Gerald R. Ford Library] (click image to enlarge)Throughout the 1980s, Dick Cheney and Donald Rumsfeld are key players in one of the most highly classified programs of the Reagan administration. Presently, Cheney is working as a Republican congressman, while Rumsfeld is head of the pharmaceutical company G. D. Searle. At least once per year, they both leave their day jobs for periods of three or four days. They head to Andrews Air Force Base, near Washington, DC, and along with 40 to 60 federal officials and one member of the Reagan Cabinet are taken to a remote location within the US, such as an underground bunker. While they are gone, none of their work colleagues, or even their wives, knows where they are. They are participating in detailed planning exercises for keeping government running during and after a nuclear war with the Soviet Union.
Unconstitutional 'Continuity of Government' - This highly secret “Continuity of Government” (COG) program is known as Project 908. The idea is that if the US were under a nuclear attack, three teams would be sent from Washington to separate locations around the US to prepare to take leadership of the country. If somehow one team was located and hit with a nuclear weapon, the second or third team could take its place. Each of the three teams includes representatives from the State Department, Defense Department, CIA, and various domestic-policy agencies. The program is run by a new government agency called the National Program Office. Based in the Washington area, it has a budget of hundreds of million dollars a year, which grows to $1 billion per year by the end of Reagan’s first term in office. Within the National Security Council, the “action officer” involved in the COG program is Oliver North, who is a key figure in the mid-1980s Iran-Contra scandal. Reagan’s Vice President, George H. W. Bush, also supervises some of the program’s efforts. As well as Cheney and Rumsfeld, other known figures involved in the COG exercises include Kenneth Duberstein, who serves for a time as President Reagan’s chief of staff, and future CIA Director James Woolsey. Another regular participant is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). The program, though, is extraconstitutional, as it establishes a process for designating a new US president that is nowhere authorized in the US Constitution or federal law. After George H. W. Bush is elected president in 1988 and the effective end of the Soviet Union in 1989, the exercises continue. They will go on after Bill Clinton is elected president, but will then be based around the threat posed by terrorists, rather than the Soviet Union (see 1992-2000). According to journalist James Mann, the participation of Rumsfeld and Cheney in these exercises demonstrates a broader truth about them: “Over three decades, from the Ford administration onward, even when they were out of the executive branch of government, they were never too far away; they stayed in touch with its defense, military, and intelligence officials and were regularly called upon by those officials. Cheney and Rumsfeld were, in a sense, a part of the permanent, though hidden, national security apparatus of the United States.” [Mann, 2004, pp. 138-145; Atlantic Monthly, 3/2004; Washington Post, 4/7/2004; Cockburn, 2007, pp. 85]
No Role for Congress - According to one participant, “One of the awkward questions we faced was whether to reconstitute Congress after a nuclear attack. It was decided that no, it would be easier to operate without them.” Thus the decision is made to abandon the Constitutional framework of the nation’s government if this plan is ever activated. [Dubose and Bernstein, 2006, pp. 198]
Reactivated after 9/11 - The plan they rehearse for in the COG exercises will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002] Mann subsequently comments, “The program is of particular interest today because it helps to explain the thinking and behavior of the second Bush Administration in the hours, days, and months after the terrorist attacks on September 11, 2001.” [Atlantic Monthly, 3/2004]

Entity Tags: Richard A. Clarke, Richard (“Dick”) Cheney, Oliver North, National Program Office, James Woolsey, Kenneth Duberstein, Donald Rumsfeld, George Herbert Walker Bush

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

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

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

Timeline Tags: Civil Liberties

An E-4B Airborne Command Post.An E-4B Airborne Command Post. [Source: US Air Force] (click image to enlarge)During the 1980s, top-secret exercises are regularly held, testing a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war (see 1981-1992). The program includes a special plane called the National Emergency Airborne Command Post (NEACP). This is a modified Boeing 747, based at Andrews Air Force Base, near Washington, DC that has its own conference room and special communications gear. Nicknamed the “Doomsday” plane, it could act as an airborne command post from where a president could run the country during a nuclear war. One of the COG exercises run by the Reagan administration involves a team of officials actually staying aloft in the NEACP for three days straight. The team cruises across the US, and up and down the coasts, periodically being refueled in mid-air. [Schwartz, 1998; Mann, 2004, pp. 144] Dick Cheney and Donald Rumsfeld participate in the COG exercises, though whether they are aboard the NEACP in this particular one is unknown. [Atlantic Monthly, 3/2004] The plan that is being rehearsed for in the exercises will be activated in response to the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). Also on 9/11, three Doomsday planes (then known as “National Airborne Operations Center” planes) will be in the air, due to an exercise taking place that morning called Global Guardian (see Before 9:00 a.m. September 11, 2001). [Schwartz, 1998; Omaha World-Herald, 2/27/2002]

Entity Tags: Donald Rumsfeld, Richard (“Dick”) Cheney

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

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

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

Timeline Tags: Civil Liberties

The Supreme Court rules in INS v. Chadha that Congress has no right to issue what it calls “legislative vetoes,” essentially provisions passed by Congress giving the executive branch specific powers but with Congress reserving the right to veto specific decisions by the executive branch if it does not approve of the decisions made by the executive. Congress had relied on such “legislative vetoes” for years to curb the expanding power of the president. The Court strikes down hundreds of these “legislative vetoes” throughout federal law. Congress quickly schedules hearings to decide how to respond to the Court’s ruling. White House attorney John Roberts (see September 29, 2005), a young, fast-rising conservative, is one of a team of lawyers assigned to review the administration’s upcoming testimony before Congress. Some of the lawyers want to push Congress to place independent agencies such as the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) under White House control—part of the evolving “unitary executive” theory of presidential power (see April 30, 1986). Roberts writes: “With respect to independent agencies… the time may be ripe to reconsider the existence of such entities, and take action to bring them back within the executive branch.… I agree that the time is ripe to reconsider the Constitutional anomaly of independent agencies… More timid souls may, however, desire to see this deleted as provocative.” [Savage, 2007, pp. 256-257]

Entity Tags: Reagan administration, Food and Drug Administration, Federal Trade Commission, John G. Roberts, Jr, US Supreme Court

Timeline Tags: Civil Liberties

Young White House attorney John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983), is selected to respond to a letter from retired Supreme Court Justice Arthur Goldberg. The former justice is commenting on the Reagan administration’s decision to unilaterally invade the tiny Caribbean island nation of Grenada. Goldberg wrote that President Reagan probably did violate the Constitution by sending troops to Grenada without Congressional approval, and in that sense has left himself open to impeachment. However, he added, the invasion had succeeded in establishing democracy in that nation. Therefore Reagan’s actions should be compared to those of President Abraham Lincoln during the Civil War, because, like Lincoln, he “acted in good faith and in the belief that this served our national interest” (see April 12 - July 1861). Drafting the letter for Reagan’s signature, Roberts thanks Goldberg for his defense of Reagan but insists that the invasion was perfectly legal. The president, Roberts writes, has “inherent authority in international affairs to defend American lives and interests and, as commander in chief, to use the military when necessary in discharging these responsibilities.” [Savage, 2007, pp. 257]

Entity Tags: Reagan administration, John G. Roberts, Jr, Arthur Goldberg, Ronald Reagan

Timeline Tags: Civil Liberties

Congress passes the Competition in Contracting Act. President Reagan signs the bill but issues a signing statement instructing the executive branch that a portion of the bill is unconstitutional, and directs agencies not to obey the law created by that section. A losing bidder who would have won a contract under that portion of the bill files a lawsuit, and a federal judge rules that the Reagan administration has no choice but to follow the entirety of the law. Attorney General Edwin Meese insists that the executive branch has the inherent power to interpret the Constitution as it sees fit, and declares the administration will not obey the judge’s ruling. An appeals court upholds the judge’s ruling and criticizes the Reagan administration for trying to seize a sort of line-item veto power without going through Congress. The House Judiciary Committee votes to cut off funding for Meese’s office unless the White House obeys the court rulings, and Meese withdraws his objections. [Savage, 2007, pp. 231-232]

Entity Tags: Ronald Reagan, House Judiciary Committee, Edwin Meese, Reagan administration

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), advises senior Reagan officials that the White House should challenge the 1978 Presidential Records Act. To Roberts’s mind, the law goes much too far in requiring that presidential papers be considered government property and should, with some exceptions, be released to the public 12 years after a president leaves office. The law infringes on the right of a president to keep information secret, Roberts argues. Later, he will argue that the 12-year rule is far too brief and, as it would “inhibit the free flow of candid advice and recommendations within the White House,” is unconstitutional. [Savage, 2007, pp. 258]

Entity Tags: Reagan administration, John G. Roberts, Jr, Presidential Records Act

Timeline Tags: Civil Liberties

Young conservative White House lawyer John Roberts (see September 29, 2005), an advocate of expanded presidential powers (see June-July 1983 and October 1983), expands on his previous argument that the president’s papers and documents should remain secret and unavailable to the public (see February 13, 1984). Roberts writes that the Reagan administration should oppose a bill pending in Congress that would make the National Archives a separate agency, independent of the White House. Roberts writes that the “legislation could grant the archivist [the head of the National Archives] some independence from presidential control, with all the momentous constitutional consequences that would entail.” Others in the White House disagree with Roberts, and the administration does not oppose the bill. Roberts suggests that President Reagan attach a signing statement to the bill making it clear that Reagan has the power to fire the archivist if he/she tries to disobey the White House in releasing a presidential document. [Savage, 2007, pp. 258]

Entity Tags: National Archives and Records Administration, Reagan administration, John G. Roberts, Jr

Timeline Tags: Civil Liberties

The Supreme Court, in the case of Federal Election Commission v. NCPAC, rules that political action committees (PACs) can spend more than the $1,000 mandated by federal law (see February 7, 1972, 1974, and May 11, 1976). The Democratic Party and the FEC argued that large expenditures by the National Conservative Political Action Committee (NCPAC) in 1975 violated the Federal Election Campaign Act (FECA), which caps spending by independent political action committees in support of a publicly funded presidential candidate at $1,000. The Court rules 7-2 in favor of NCPAC, finding that the relevant section of FECA encroaches on the organization’s right to free speech (see January 30, 1976). Justice William Rehnquist writes the majority opinion, joined by fellow conservatives Chief Justice Warren Burger, Sandra Day O’Connor, and Lewis Powell, and liberals Harry Blackmun, John Paul Stevens, and William Brennan. Justices Byron White and Thurgood Marshall dissent from the majority. [Oyez (.org), 2012; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Brennan, William Rehnquist, Byron White, Federal Election Campaign Act of 1972, US Supreme Court, Warren Burger, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, National Conservative Political Action Committee, Democratic Party, Lewis Powell

Timeline Tags: Civil Liberties

According to former Reagan Justice Department official Terry Eastland, writing in his 1992 book Energy in the Executive, the process of selecting Antonin Scalia as a Supreme Court Justice begins now, well before anyone knows there will be a vacancy for him. Attorney General Edwin Meese asks his assistant attorney general, William Bradford Reynolds, to advise him in preparing a nominee, “just in case.” Reynolds assembles a team of Justice Department officials, who examine about twenty possible choices, mostly federal judges, focusing primarily on conservative judicial philosophy. Two individuals stand out: Robert Bork and Scalia. Eastland writes, “Neither was ranked over the other; both were regarded as the best available, most well-qualified exponents of Reagan’s judicial philosophy.” Both are seen as powerful and influential legal figures. When Chief Justice Warren Burger announces his decision to retire from the bench, Reynolds advises Meese to choose Justice William Rehnquist to replace Burger as Chief Justice (see September 26, 1986), and to choose either Bork or Scalia to replace Rehnquist. Reagan makes the final decision: Scalia. [Dean, 2007, pp. 133]

Entity Tags: Robert Bork, Edwin Meese, William Rehnquist, Antonin Scalia, Terry Eastland, US Department of Justice, William Bradford Reynolds

Timeline Tags: Civil Liberties

Steven Calabresi joins the Justice Department. Calabresi is a young conservative lawyer who has clerked for appeals court Robert Bork, who failed to secure a position on the Supreme Court just months before (see July 1-October 23, 1987). Calabresi, a co-founder of the Federalist Society of conservative lawyers and judges, joins forces with another ambitious young Justice Department lawyer, John Harrison, and the two begin working to expand the power of the president. Calabresi and Harrison decide that an aggressive use of presidential signing statements can advance the president’s authority to the detriment of the legislative and judicial branches. Unfazed by a recent judicial rejection of just such signing statement usage (see 1984-1985), Calabresi and Harrison write a memo to Attorney General Edwin Meese advocating the issuing of more signing statements as part of a larger strategy to increase the president’s influence over the law. Calabresi and Harrison are interested in how what they call “activist judges” use the legislative history of a bill that became law to interpret that law’s meaning in subsequent judicial actions. The two lawyers believe that by issuing signing statements, the president can create a parallel record of presidential interpretations of potentially ambiguous laws to help guide judicial decisions. Meese approves of the idea, and in December has the West Publishing Company, which prints the US Code Congressional and Administration News, the standard collection of bills’ legislative history, begin including presidential signing statements in its publications. In 2007, author Charlie Savage will call Meese’s move “a major step in increasing the perceived legitimacy of the device.” [Savage, 2007, pp. 232] In 2007, Calabresi will say: “I initially thought of signing statements as presidential legislative history. I’ve subsequently come to think of them as being important vehicles by which presidents can control subordinates in the executive branch. They subsequently came to be important to the unitary executive [theory of presidential power].” [Savage, 2007, pp. 234]

Entity Tags: John Harrison, Charlie Savage, Federalist Society, West Publishing Company, US Department of Justice, Edwin Meese, Robert Bork, Steven Calabresi, US Supreme Court

Timeline Tags: Civil Liberties

Ralph Tarr, the acting head of the Justice Department’s Office of Legal Counsel, drafts a memo explaining how the White House has issued signing statements up until now (see August 23, 1985 - December 1985), and makes recommendations on how to improve the process. Tarr, acting at the behest of an aide to Attorney General Edwin Meese, issues what author Charlie Savage will call “a prescient seven-page manifesto.” Tarr writes that signing statements are “presently underutilized and could become far more important as a tool of presidential management of the agencies, a device for preserving issues of importance in the ongoing struggle for power with Congress, and an aid to statutory interpretation for the courts.” Tarr writes that signing statements have the potential to be used as a threat “with which to negotiate concessions from Congress.” The statements can also be used to tell executive branch agencies how to interpret a law: “The president can direct agencies to ignore unconstitutional provisions or to read provisions in a way that eliminates constitutional or policy problems. This direction permits the president to seize the initiative in creating what will eventually be the agency’s interpretation.” [Savage, 2007, pp. 232-233]

Entity Tags: Edwin Meese, Charlie Savage, Ralph Tarr, Reagan administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

Edwin Meese.Edwin Meese. [Source: GQ (.com)]Attorney General Edwin Meese receives a report, “Separation of Powers: Legislative-Executive Relations.” Meese had commissioned the report from the Justice Department’s Domestic Policy Committee, an internal “think tank” staffed with hardline conservative scholars and policy advisers.
Recommendations for Restoring, Expanding Executive Power - The Meese report approvingly notes that “the strong leadership of President Reagan seems clearly to have ended the congressional resurgence of the 1970s.” It lays out recommendations for restoring the power taken from the executive branch after Watergate and Vietnam, and adding new powers besides. It recommends that the White House refuse to enforce laws and statutes that “unconstitutionally encroach upon the executive branch,” and for Reagan to veto more legislation and to use “signing statements” to state the White House’s position on newly passed laws. It also assails the 1972 War Powers Resolution and other laws that limit presidential power.
Reinterpreting the Separation of Powers and the Concept of 'Checks and Balances' - Perhaps most importantly, the Meese report claims that for 200 years, courts and scholars alike have misunderstood and misinterpreted the Founders’ intentions in positing the “separation of powers” system (see 1787 and 1793). The belief that the Constitution mandates three separate, co-equal branches of government—executive, judicial, and legislative—who wield overlapping areas of authority and work to keep each of the other branches from usurping too much power—a concept taught in school as “checks and balances”—is wrong, the report asserts. Instead, each branch has separate and independent sets of powers, and none of the three branches may tread or encroach on the others’ area of responsibility and authority. “The only ‘sharing of power’ is the sharing of the sum of all national government power,” the report claims. “But that is not joint shared, it is explicitly divided among the three branches.” According to the report, the White House should exercise total and unchallenged control of the executive branch, which, as reporter and author Charlie Savage will later explain, “could be conceived of as a unitary being with the president as its brain.” The concept of “checks and balances” is nothing more than an unconstitutional attempt by Congress to encroach on the rightful power of the executive. This theory of presidential function will soon be dubbed the “unitary executive theory,” a title adapted from a passage by Alexander Hamilton in the Federalist Papers. [Savage, 2007, pp. 47-48] Charles Fried, Reagan’s solicitor general during the second term, will later write that though the unitary executive theory displays “perfect logic” and a “beautiful symmetry,” it is difficult to defend, because it “is not literally compelled by the words of the Constitution. Nor did the framers’ intent compel this view.” [Savage, 2007, pp. 50]

Entity Tags: Charles Fried, Reagan administration, Domestic Policy Committee, US Department of Justice, Ronald Reagan, Edwin Meese, Charlie Savage

Timeline Tags: Civil Liberties

William Rehnquist.William Rehnquist. [Source: US Department of Justice]Associate Justice William Rehnquist becomes Chief Justice of the Supreme Court. A strict conservative, Rehnquist will oversee the transformation of the Court from a middle-of-the-road, sometimes left-leaning instrument into a conservative entity dominated by the “axis” of Rehnquist, Antonin Scalia (see September 26, 1986), and Clarence Thomas (see July 2-August 28, 1991). [Legal Times, 9/5/2005]
False Testimony? - According to former Nixon White House counsel John Dean, writing in his 2007 book Broken Government, Rehnquist is the first true conservative fundamentalist to be appointed to the Court, “and he would set a pattern for other fundamentalists who found it necessary to make their way through the confirmation process by deception.” Dean, and others, have alleged that Rehnquist lied to the Senate both in his 1971 appointment to the Court as an associate judge (see January 7, 1972) and in his 1986 hearings for becoming chief justice. Dean will write that Rehnquist’s testimony during both sets of Senate confirmations hearings was “conspicuously false,” and in 1986 he committed “pure perjury.” In both sets of hearings, Rehnquist was embarrassed by a 1952 memo he had written while clerking for then-Justice Robert Jackson, in which Rehnquist had urged Jackson not to vote in support of the Brown v. Board of Education verdict that overturned the “separate but equal” clause that allowed for state-sponsored segregation. Although it is clear Rehnquist was stating his own pro-segregationist views, he apparently lied to the Senate over this memo as well, claiming that the memo was written to reflect Jackson’s own views and not his own. Dean will write, “It was an absurd contention, and a defamation of the dead justice for which he worked.” Law professor Laura Ray will observe in 1996: “With the [top] seat on the Supreme Court almost in his grasp, Rehnquist may well have retreated from an uncomfortable position taken almost twenty years earlier in the only way that seemed open to him. That such a step might tarnish the reputation of Justice Jackson years after his death does not seem to have been a concern.” [Dean, 2007, pp. 129-137]

Entity Tags: Robert Jackson, William Rehnquist, US Supreme Court, Clarence Thomas, John Dean, Laura Ray, Antonin Scalia

Timeline Tags: Civil Liberties

Campaigning on behalf of conservative Republican candidates in an attempt to have the GOP retain control of the Senate, Ronald Reagan goes on a campaign tour of the South, where he alludes to Republicans’ plans for exerting control of the nation’s court system. Typical of Reagan’s stump speech is the following one he delivers on behalf of embattled Republican incumbent James Broyhill: “Since I’ve been appointing federal judges to be approved by people like Jim Broyhill in the Republican Senate, the federal judiciary has become tougher, much tougher, on criminals. Criminals are going to jail more often and receiving longer sentences. Over and over the Democratic leadership has tried in the Senate to torpedo our choices for judges. And that’s where Jim Broyhill can make all the difference. Without him and the Republican majority in the Senate, we’ll find liberals like Joe Biden and a certain fellow from Massachusetts deciding who our judges are. And I’ll bet you’ll agree; I’d rather have a Judiciary Committee headed by Strom Thurmond than one run by Joe Biden or Ted Kennedy.” Broyhill will be defeated, and Democrats will regain control of the Senate in spite of Reagan’s efforts, in large part because of Southern blacks offended by such speeches. The new Democratic leadership, responding to the voters, will help block the racially questionable Robert Bork’s nomination to the Supreme Court (see July 1-October 23, 1987). [Dean, 2007, pp. 140]

Entity Tags: Joseph Biden, Edward M. (“Ted”) Kennedy, Ronald Reagan, James Broyhill, Strom Thurmond, Senate Judiciary Committee

Timeline Tags: Civil Liberties

The Supreme Court rules in Federal Election Commission v. Massachusetts Citizens for Life that an anti-abortion organization can print flyers promoting “pro-life” candidates in the weeks before an election, and that the portion of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) that bars distribution of such materials to the general public restricts free speech. In September 1978, the Massachusetts Citizens For Life (MCFL) spent almost $10,000 printing flyers captioned “Everything You Need to Vote Pro-Life,” which included information about specific federal and state candidates’ positions on abortion rights, along with exhortations to “vote pro-life” and “No pro-life candidate can win in November without your vote in September.” The Federal Election Commission (FEC) ruled that MCFL’s expenditures violated FECA’s ban on corporate spending in connection with federal elections. A Massachusetts district court ruled against the FEC, finding that the flyer distribution “was uninvited by any candidate and uncoordinated with any campaign” and the flyers fell under the “newspaper exemption” of the law. Moreover, the court found, FECA’s restrictions infringed on MCFL’s freedom of speech (see January 30, 1976 and April 26, 1978). An appeals court reversed much of the district court’s decision, but agreed that the named provision of FECA violated MCFL’s free speech rights. The FEC appealed to the Supreme Court. By a 5-4 vote, the Court affirms that FECA’s prohibition on corporate expenditures is unconstitutional as applied to independent expenditures made by a narrowly defined type of nonprofit corporation such as MCFL. The Court writes that few organizations will be impacted by its decision. The majority opinion is written by Justice William Brennan, a Court liberal, and joined by liberal Thurgood Marshall and conservatives Lewis Powell, Antonin Scalia, and (in part) by Sandra Day O’Connor. Court conservatives William Rehnquist and Byron White, joined by liberals Harry Blackmun and John Paul Stevens, dissent with the majority, saying that the majority ruling gives “a vague and barely adumbrated exception [to the law] certain to result in confusion and costly litigation.” [Federal Election Commission, 2011; Moneyocracy, 2/2012]

Entity Tags: Federal Election Commission, William Rehnquist, Antonin Scalia, Federal Election Campaign Act of 1972, US Supreme Court, William Brennan, Sandra Day O’Connor, Harry Blackmun, John Paul Stevens, Thurgood Marshall, Massachusetts Citizens for Life, Byron White, Lewis Powell

Timeline Tags: Civil Liberties

Robert Bork.Robert Bork. [Source: National Constitution Center]The controversial nomination of conservative judge Robert Bork to the Supreme Court is defeated in the US Senate. Bork is denied a seat on the Court in a 58-42 vote, because his views are thought to be extremist and even some Republicans vote against him.
'Right-Wing Zealot' - Bork, nominated by President Reagan as one of the sitting judges who most completely reflects Reagan’s judiciary philosophy (see 1985-1986), is characterized even by administration officials as a “right-wing zealot.” Reagan also wants a nominee to placate the hard right over their disaffection caused by the brewing Iran-Contra scandal. However, to make him more palatable for the majority of Americans, Reagan officials attempt to repackage Bork as a moderate conservative. Senate Judiciary Committee member Edward Kennedy (D-MA) attacks Bork’s political philosophy, saying before the committee hearings: “[In Bork’s America] women would be forced into back alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens’ doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of government, and the doors of the federal courts would be shut on the fingers of millions of citizens for whom the judiciary is the—and is often the only—protector of the individual rights that are the heart of our democracy.… No justice would be better than this injustice.” Kennedy’s words provoke complaint, but the characterization of Bork is based on his lengthy record of court verdicts and his large body of judicial writings.
Racial Equality Issues - Although there is no evidence to suggest that Bork is himself a racist, former Nixon White House counsel John Dean will write that “his positions on civil rights were an anathema to all who cared about equality in America.” Constitutional law professor Herman Schwartz will write in 2004, “Bork condemned the Fourteenth Amendment’s Equal Protection Clause decisions outlawing the poll tax (to him it was just ‘a very small tax’), the decision establishing the one-person, one-vote principle, abolishing school segregation in the District of Columbia, barring courts from enforcing racially restrictive housing covenants, preventing a state from sterilizing certain criminals or interfering with the right to travel, and prohibiting discrimination against out-of-wedlock children…. Bork’s hostility to governmental action on behalf of minorities did not stop with his critique of court action. In 1963 he criticized a section of the proposed Civil Rights Act of 1964 that required white businesses to serve blacks as resting on a principle of ‘unsurpassed ugliness.’”
Ready to Fight - The Reagan administration understands that Bork’s nomination is opposed; on July 1, the day of his announced nomination, the media reports that Reagan will try to ensure Bork’s confirmation by waging an “active campaign.” Even Senate-savvy James Baker, Reagan’s chief of staff, is uncertain about Bork’s chances at being confirmed, and further worries that even if Bork wins the fight, the cost to Reagan’s political capital will be too high.
His Own Worst Enemy - Conservatives Justice Department official Terry Eastland will later say Senate Democrats sabotage Bork’s chances at faring well in the confirmation hearings, even positioning his table to ensure the least favorable angles for Bork on television. However, the public’s opinion of Bork is unfavorable, and Dean will write: “[I]t was not the position of his chair in the hearing room that made Bork look bad, but rather his arrogance, his hubris, and his occasional cold-bloodedness, not to mention his equivocations and occasional ‘confirmation conversions,’ where he did what no one else could do. He made himself a terrible witness who did not appear to be truthful.” The confirmation conversions even surprise some of his supporters, as Bork abandons his previous stances that the First Amendment only applies to political speech, and the Fourteenth Amendment’s equal protection clause does not apply to women. The Senate Judiciary Committee passes Bork’s nomination along to the full Senate, where Bork is defeated 58-42.
The Verb 'To Bork' - In 2007, Dean will write, “Bork’s defeat made him both a martyr and a verb,” and quotes conservative pundit William Safire as writing that “to bork” someone means to viciously attack a political figure, particularly by misrepresenting that figure in the media. [Dean, 2007, pp. 137-143]

Entity Tags: Herman Schwartz, US Department of Justice, Gregory Peck, Edward M. (“Ted”) Kennedy, US Supreme Court, William Safire, Ronald Reagan, James A. Baker, Senate Judiciary Committee, Terry Eastland, Robert Bork, John Dean

Timeline Tags: Civil Liberties

After Robert Bork’s nomination to the Supreme Court fails (see July 1-October 23, 1987), President Reagan nominates an equally hard-line conservative, appeals court judge Douglas Ginsberg. Ginsberg withdraws his nomination after the press learns that he had ignored a serious conflict-of-interest problem while at the Department of Justice, that he had smoked marijuana as both a student and a professor at Harvard Law School, and that, though Ginsberg professes to be stringently anti-abortion, his wife is a doctor who has herself performed abortions. Reagan will nominate a third and final selection for the Court, the somewhat more moderate Anthony Kennedy. [Washington Post, 1998; Federal Judicial Center, 9/26/2006; Dean, 2007, pp. 143-144]

Entity Tags: Harvard University Law School, Douglas Ginsberg, US Department of Justice, US Supreme Court, Ronald Reagan, Robert Bork, Anthony Kennedy

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Representative Dick Cheney (R-WY) publishes an essay for the neoconservative American Enterprise Institute (AEI), apparently written either by his Iran-Contra commission colleague Michael Malbin or by Cheney and Malbin together, but printed under Cheney’s name. The essay is titled “Congressional Overreaching in Foreign Policy,” and covers what he terms “congressional aggrandizement” of presidential powers.
Congress Has No Place in Determining, Implementing US Foreign Policy - Cheney’s essay bluntly states his belief that Congress has no business interfering in the president’s power to determine and implement the nation’s foreign policy; in general, the essay indicates Cheney’s disdain for the legislative branch of which he has been a member. He writes, in part: “Broadly speaking, the Congress was intended to be a collective, deliberative body. When working at its best, it would slow down decisions, improve their substantive content, subject them to compromise, and help build a consensus behind general rules before they were to be applied to the citizenry. The presidency, in contrast, was designed as a one-person office to ensure that it would be ready for action. Its major characteristics… were to be ‘decision, activity, secrecy, and dispatch.‘… [T]he legislative branch is ill equipped to handle many of the foreign policy tasks it has been taking upon itself lately.” He writes that while Congress may take upon itself powers to launch military actions or respond to an attack, it is by nature so slow and deliberative, and its members so focused on getting reelected, that it cannot adequately wield those powers: “[T]he real world effect often turns out… not to be a transfer of power from the president to Congress, but a denial of power to the government as a whole.” The only power Congress should have in involving itself in foreign policy, Cheney argues, is whether or not to fund presidential initiatives. “[T]he nation should not be paralyzed by Congress’s indecision,” he writes. [PBS Frontline, 6/20/2006; Savage, 2007, pp. 59-61]
Cheney Selected as Secretary of Defense - Shortly after the essay is published, President George H.W. Bush names Cheney as his secretary of defense. Cheney was scheduled to give a talk based on the essay at AEI, but cancels it and goes to Washington to begin preparing for confirmation hearings in the Senate. Reporter Charlie Savage will note that the essay may have caused Cheney some difficulties in his confirmation hearings had it had a larger audience. [Savage, 2007, pp. 61]
Former White House Counsel: Cheney's Proposals Unconstitutional, Unwise - In 2007, former Nixon White House counsel John Dean will write of the essay: “Cheney seems to be oblivious to the fact that the type of government he advocates is not, in fact, the government our Constitution provides.… His argument also assumes that a more agile, energetic, and fast-acting chief executive is the better system, but history does not support that contention. Presidential leadership has consistently shown itself less wise and less prudent than the slower but more deliberative nature of the system that we have. It was Congress that forced presidents out of no-win wars like Vietnam. The reason the nation’s Founders empowered Congress was because they wisely realized that a president—like heads of governments throughout history—was prone to fighting wars for his own glory, without seeming able to easily bring those wars to an end.” [Dean, 2007, pp. 88-89]

Entity Tags: Joint House-Senate Iran-Contra Committee, John Dean, American Enterprise Institute, Michael Malbin, George Herbert Walker Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties, Iran-Contra Affair

The Supreme Court, in the case of Austin v. Michigan Chamber of Commerce, rules that the Michigan Chamber of Commerce (MCC) cannot run newspaper advertisements in support of a candidate for the state legislature because the MCC is subject to the Michigan Campaign Finance Act, which prohibits corporations from using treasury money to support or oppose candidates running for state offices. The Court finds that corporations can use money only from funds specifically designated for political purposes. The MCC holds a political fund separate from its other monies, but wanted to use money from its general fund to buy political advertising, and sued for the right to do so. The case explored whether a Michigan law prohibiting such political expenditures is constitutional. The Court agrees 7-2 that it is constitutional. Justices Antonin Scalia and Anthony Kennedy dissent, arguing that the government should not require such “segregated” funds, but should allow corporations and other such entities to spend their money on political activities without such restraints. [Public Resource (.org), 1990; Casebriefs, 2012; Moneyocracy, 2/2012] The 2010 Citizens United ruling (see January 21, 2010) will overturn this decision, with Scalia and Kennedy voting in the majority, and Kennedy writing the majority opinion.

Entity Tags: Michigan Chamber of Commerce, Anthony Kennedy, Michigan Campaign Finance Act, US Supreme Court, Antonin Scalia

Timeline Tags: Civil Liberties

Early diagram of V-22 Osprey.Early diagram of V-22 Osprey. [Source: US Navy]Defense Secretary Dick Cheney refuses to issue contracts for the trouble-plagued V-22 Osprey, a vertical takeoff and landing (VTOL) airplane designed to replace the Vietnam-era Sea Stallion helicopters. Cheney opposes the Osprey, but Congress has voted to appropriate funds for the program anyway. Cheney refuses to issue contracts, reviving the Nixon-era practice of “impounding” funds, refusing to spend money Congress has already appropriated. The practice of impoundment was made illegal by Congressional legislation in 1974; Cheney believes the anti-impoundment law to be illegal, and ignores it. Many look at Cheney’s opposition to the Osprey as an unusual example of fiscal restraint from Cheney, who is well known to favor most high-budget defense programs, but author and reporter Charlie Savage will cite the Osprey example as an instance of Cheney attempting to impose the executive branch’s will on the legislature. The Osprey will become operational in 2006. [Wired News, 7/2005; Savage, 2007, pp. 62]

Entity Tags: Richard (“Dick”) Cheney, Charlie Savage

Timeline Tags: Civil Liberties

Faced with a lawsuit from 53 members of Congress demanding that he seek Congressional authorization before invading Iraq (see December 1990 and January 16, 1991 and After), President Bush asks Congress for such an authorization. His carefully worded request does not directly acknowledge the constitutional requirement that Congress authorize any military involvement by the US. After three days of what the New York Times calls “solemn, often eloquent debate,” both chambers of Congress approve the war resolution. [PBS Frontline, 1/9/1996; Dean, 2007, pp. 90-91] That authority is granted in part because of propaganda efforts mounted by Pentagon and Kuwaiti officials (see October 10, 1990). Even with such powerful persuasive tactics, the vote in the US Senate is 52-47 and 250-183 in the US House of Representatives, the closest such vote since the War of 1812. [NationMaster, 12/23/2007]
House Reminds Bush that Congress Retains Power to Declare War - The House passes another resolution, 302-131, informing the White House that Congress has the exclusive authority under the Constitution to declare war. Of this second resolution, author and former Nixon White House counsel John Dean will write in 2007, “The breakdown of the vote is telling: 260 Democrats and 41 Republicans along with one independent voted to support the wording and clear intention of Article I of the Constitution; 126 Republicans and 5 Democrats, all hard-right conservatives (including Tom DeLay, R-TX, and two would-be presidents of the United States, Newt Gingrich, R-GA and Duncan Hunter, R-CA) voted against the resolution.” [Dean, 2007, pp. 90-91]
Gore Persuaded to Support War by Wilson - One of the few Democratic senators to vote for the war is Al Gore (D-TN). Gore takes time from the floor deliberations to speak with the ranking US diplomat in Iraq, Joseph Wilson, who once served as Gore’s aide (see September 5, 1988 and After). Gore grills Wilson for twenty minutes on the efficacy of US sanctions against Iraq (see August 6, 1990) and the necessity of US intervention to free Kuwait before returning to the Senate to vote for the authorization. Wilson later writes of his outrage that Gore’s fellow senator, Alan Simpson (R-WY), would accuse Gore during the 2000 election of being what Simpson will call “Prime Time Al” for the timing of his speech in favor of the war authorization. Wilson recalls Simpson as the senator who had been “practically on bended knee before Saddam in April 1990, reassuring the Iraqi dictator that he had a press problem and not a policy problem” (see April 12, 1990). Wilson will continue, “It was an outrage that a decade later he had the nerve to be critical of the one senator who had really taken the time to listen to an analysis from the field and factor that into his decision on what most senators agreed was one of the most momentous votes of their careers.” [Wilson, 2004, pp. 163-164]

Entity Tags: Tom DeLay, New York Times, Joseph C. Wilson, Newt Gingrich, George Herbert Walker Bush, Albert Arnold (“Al”) Gore, Jr., Duncan Hunter, Bush administration (41), Alan Simpson, John Dean

Timeline Tags: Events Leading to Iraq Invasion

When Supreme Court Justice Thurgood Marshall, the first and only African-American to serve on the Court, announces his retirement, the Bush administration is ready with a far more conservative replacement. President Bush himself is already under fire for previously naming a moderate, David Souter, to the Court, and Bush is determined to give his conservative base someone they can back. Although Bush had wanted to nominate an appropriately conservative Hispanic, his eventual nomination is Clarence Thomas, who is completing his first year as a judge on the DC Court of Appeals. Thomas has two qualifications that Bush officials want: like Marshall, he is African-American; unlike Marshall, he is as conservative a jurist as Antonin Scalia (see September 26, 1986) or Robert Bork (see July 1-October 23, 1987). Two of former President Reagan’s closest legal advisers, C. Boyden Gray and Lee Liberman (a co-founder of the conservative Federalist Society), privately call Thomas “the black Bork.” Bush calls Thomas “the most qualified man in the country” for the position. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] During the July 2 press conference to announce Thomas’s nomination, Bush says: “I don’t feel he’s a quota. I expressed my respect for the ground that Mr. Justice Marshall plowed, but I don’t feel there should be a black seat on the Court or an ethnic seat on the Court.” For his part, Thomas extols his upbringing as a desperately poor child in Georgia, crediting his grandmother and the nuns who taught him in Catholic schools as particular influences on his life and values. Republican senator Orrin Hatch says that opposing Thomas will be difficult: “Anybody who takes him on in the area of civil rights is taking on the grandson of a sharecropper.” [New York Times, 7/2/1991] However, the non-partisan American Bar Association’s recommendation panel splits on whether Thomas is qualified or not, the first time since 1969 the ABA has failed to unanimously recommend a nominee. Twelve panelists find Thomas “qualified,” two find him “not qualified,” and none find him “well qualified.” One senior Congressional aide calls the assessment of Thomas “the equivalent of middling.” [New York Times, 8/28/1991; Dean, 2007, pp. 146-153] In 2007, former Nixon White House counsel John Dean will write, “For the president to send a nominee to the Supreme Court with anything less than a uniformly well-qualified rating is irresponsible, but such decisions have become part of the politicization of the judiciary.” Thomas, himself a beneficiary of the nation’s affirmative action programs, opposes them, once calling them “social engineering;” he has no interest in civil rights legislation, instead insisting that the Constitution should be “color-blind” and the courts should stay out of such matters. Civil rights, women’s rights, and environmental groups are, in Dean’s words, “terrified” of Thomas’s nomination. To overcome these obstacles, the Bush administration decides on a strategy Dean calls “crude but effective… us[ing] Thomas’s color as a wedge with the civil rights community, because he would pick up some blacks’ support notwithstanding his dismal record in protecting their civil rights. [New York Times, 7/2/1991; Dean, 2007, pp. 146-153] The nomination of an African-American quells some of the planned resistance to a conservative nominee promised by a number of civil rights organizations. [New York Times, 7/2/1991] Three months later, Thomas will be named to the court after a bitterly contentious brace of confirmation hearings (see October 13, 1991).

Entity Tags: Orrin Hatch, US Supreme Court, Lee Liberman, Robert Bork, John Dean, Thurgood Marshall, David Souter, American Bar Association, Bush administration (41), Antonin Scalia, George Herbert Walker Bush, Clayland Boyden Gray, Clarence Thomas

Timeline Tags: Civil Liberties

Clarence Thomas survives the Senate hearings to join the Supreme Court.Clarence Thomas survives the Senate hearings to join the Supreme Court. [Source: PBS]The full Senate votes to confirm Clarence Thomas (see July 2-August 28, 1991, October 8, 1991, and October 11-12, 1991) on a 52-48 vote, the lowest margin of victory by any Supreme Court nominee in US history. It is possible that some senators’ votes are influenced by a wash of “fast-action” polls reported by the White House, purporting to show that African-Americans overwhelmingly support Thomas, and a majority of citizens support Thomas’s confirmation. A year later, analysis proves those polls to be completely wrong. [Thomas Hearings Website, 8/1997; Dean, 2007, pp. 146-153] In 1992, Senator Joseph Biden (D-DE), a member of the Senate Judiciary Committee, will say: “That last hearing was not about Clarence Thomas. It was not about Anita Hill. It was about a massive power struggle going on in this country, a power struggle between women and men, and a power struggle between minoritites and the majority.” [Thomas Hearings Website, 8/1997]

Entity Tags: US Supreme Court, Joseph Biden, Bush administration (41), Clarence Thomas, Senate Judiciary Committee

Timeline Tags: Civil Liberties

During the 1980s, Dick Cheney and Donald Rumsfeld were regular participants in top-secret exercises, designed to test a program called Continuity of Government (COG) that would keep the federal government functioning during and after a nuclear war with the Soviet Union (see 1981-1992). Despite the fall of the Berlin Wall and the collapse of the Soviet Union, the COG exercises continue into the 1990s, being budgeted still at over $200 million per year.
Exercises Prepare for Terrorist Attacks - Now, terrorists replace the Soviet Union as the imagined threat in the exercises. The terrorism envisaged is almost always state-sponsored, with the imagined terrorists acting on behalf of a government. According to journalist James Mann, the COG exercises are abandoned fairly early in the Clinton era, as the scenario is considered farfetched and outdated. However another journalist, Andrew Cockburn, suggests they continue for longer.
Exercise Participants Are Republican Hawks - Cockburn adds that, while the “shadow government” created in the exercises had previously been drawn from across the political spectrum, now the players are almost exclusively Republican hawks. A former Pentagon official with direct knowledge of the program will later say: “It was one way for these people to stay in touch. They’d meet, do the exercise, but also sit around and castigate the Clinton administration in the most extreme way. You could say this was a secret government-in-waiting. The Clinton administration was extraordinarily inattentive, [they had] no idea what was going on.” [Atlantic Monthly, 3/2004; Cockburn, 2007, pp. 88]
Richard Clarke Participates - A regular participant in these COG exercises is Richard Clarke, who on 9/11 will be the White House chief of counterterrorism (see (1984-2004)). [Washington Post, 4/7/2004; ABC News, 4/25/2004] Although he will later come to prominence for his criticisms of the administration of President George W. Bush, some who have known him will say they consider Clarke to be hawkish and conservative (see May 22, 1998). [Boston Globe, 3/29/2004; US News and World Report, 4/5/2004] The Continuity of Government plan will be activated, supposedly for the first time, in the hours during and after the 9/11 attacks (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 3/1/2002]

Entity Tags: Clinton administration, Andrew Cockburn, Richard A. Clarke, Donald Rumsfeld, Richard (“Dick”) Cheney, James Mann, US Department of Defense

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

Deputy Defense Secretary Donald J. Atwood issues an administrative order placing all military attorneys under the control of White House civilian officials. The controversy started during the Gulf War, when the civilian general counsel of the Army, William J. Haynes, clashed with the Army’s top military lawyer over whose office should control legal issues arising from the war (see June 1991-March 1992). Haynes is a protege of David Addington, the personal aide to Defense Secretary Dick Cheney, believes in concentrating power in the executive branch, and pressed for the change. Cheney attempted to have Congress implement the change, but the legislative branch refused; instead, Cheney has Atwood issue the order putting all military attorneys under White House control. [Savage, 2007, pp. 62]

Entity Tags: David S. Addington, William J. Haynes, Richard (“Dick”) Cheney, Donald J. Atwood

Timeline Tags: Civil Liberties

David Addington, a personal aide to Defense Secretary Dick Cheney, is forced to take part in Senate confirmation hearings for his appointment as chief counsel for the Defense Department. Addington, a Cheney protege and a fierce advocate for the ever-widening power of the executive branch, has gained a reputation for effective, if arrogant, conflicts with the Pentagon’s uniformed leadership and for tightly controlling what information enters and leaves Cheney’s office. Colonel Lawrence Wilkerson, an aide to Joint Chiefs chairman General Colin Powell, will later characterize Addington as an intense bureaucratic infighter bent on concentrating power in Cheney’s office. “Addington was a nut,” Wilkerson will recall. “That was how everybody summed it up. A brilliant nut perhaps, but a nut nevertheless.” The Senate hearing becomes a platform for Democratic senators to attack Cheney’s anti-Congressional policies (see Early 1991 and March 1992). In his turn, Addington calmly denies that he or Cheney have ever exhibited any intention to defy Congress on any issue. “How many ways are there around evading the will of Congress?” storms Senator Carl Levin (D-MI). “How many different legal theories do you have?” Addington answers, “I do not have any, Senator.” Addington is only confirmed after promising that the Pentagon will restore the independence of military lawyers (see March 1992) and begin funding the V-22 Osprey (see Early 1991). [Savage, 2007, pp. 63]

Entity Tags: David S. Addington, Carl Levin, Lawrence Wilkerson, Colin Powell, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb.Informant Emad Salem, pictured bent over in a green shirt, enables the FBI to take surveillance footage like this of the plotters making a bomb. [Source: National Geographic]Eight people are arrested, foiling a plot to bomb several New York City landmarks. The targets were the United Nations building, 26 Federal Plaza, and the Lincoln and Holland tunnels. This is known as the “Landmarks” or “Day of Terror” plot. The plotters are connected to Ramzi Yousef and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. If the bombing, planned for later in the year, had been successful, thousands would have died. An FBI informant named Emad Salem had infiltrated the group, gathering information that leads to arrests of the plotters (see April 23, 1993). [US Congress, 7/24/2003] Abdul-Rahman will eventually be sentenced to life in prison for a role in the plot. Nine others will be given long prison terms, including Ibrahim El-Gabrowny and Clement Rodney Hampton-El. [New York Times, 1/18/1996] Siddig Siddig Ali, who was possibly the main force behind the plot (see April 23, 1993), will eventually be sentenced to only 11 years in prison because he agreed to provide evidence on the other suspects [New York Times, 10/16/1999]

Entity Tags: Ramzi Yousef, Siddig Siddig Ali, Ibrahim El-Gabrowny, Clement Rodney Hampton-El, Emad Salem, Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Walter Dellinger, the head of the Justice Department’s Office of Legal Counsel, writes of the necessity for presidential signing statements: “If the president may properly decline to enforce a law, at least when it unconstitutionally encroaches on his powers, then it arguably follows that he may properly announce to Congress and to the public that he will not enforce a provision of an enactment he is signing. If so, then a signing statement that challenges what the president determines to be an unconstitutional encroachment on his power, or that announces the president’s unwillingness to enforce… such a provision, can be a valid and reasonable exercise of presidential authority.” President Clinton will issue signing statements challenging or commenting on 140 legislative provisions during his eight years in office (see February 1996). [Savage, 2007, pp. 235]

Entity Tags: Walter Dellinger, William Jefferson (“Bill”) Clinton, Clinton administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The US Senate ratifies the international Convention Against Torture, originally proposed by the United Nations in 1985. The treaty bans any officials from signatory nations from inflicting “torture and other cruel, inhuman, or degrading treatment or punishment” on prisoners in order to gain information. It also establishes the UN Committee against Torture (UNCAT). The ban is absolute and cannot be waived: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability, or any other public emergency, may be invoked as a justification of torture.” [United Nations High Commissioner for Human Rights, 12/10/1984; Savage, 2007, pp. 155] The treaty also forbids signatory nations from sending detainees to other countries if there is a reasonable expectation that they may be tortured. [United Nations High Commissioner for Human Rights, 12/10/1984; Human Rights Web, 1/25/1997]

Entity Tags: United Nations Committee against Torture, Convention Against Torture, United Nations

Timeline Tags: Civil Liberties

French special forces storming the hijacked Air France plane.French special forces storming the hijacked Air France plane. [Source: French channel 3]An Air France Airbus A300 carrying 227 passengers and crew is hijacked in Algiers, Algeria by four Algerians wearing security guard uniforms. They are members of a militant group linked to al-Qaeda. They land in Marseille, France, and demand a very large amount of jet fuel. During a prolonged standoff, the hijackers kill two passengers and release 63 others. They are heavily armed with 20 sticks of dynamite, assault rifles, hand grenades, and pistols. French authorities later determine their aim is to crash the plane into the Eiffel Tower in Paris, but French Special Forces storm the plane before it can depart from Marseille. [Time, 1/2/1995; New York Times, 10/3/2001] Time magazine details the Eiffel Tower suicide plan in a cover story. A week later, Philippine investigators breaking up the Bojinka plot in Manila find a copy of the Time story in bomber Ramzi Yousef’s possessions. Author Peter Lance notes that Yousef had close ties to Algerian Islamic militants and may have been connected to or inspired by the plot. [Time, 1/2/1995; Lance, 2003, pp. 258] Even though this is the third attempt in 1994 to crash an airplane into a building, the New York Times will note after 9/11 that “aviation security officials never extrapolated any sort of pattern from those incidents.” [New York Times, 10/3/2001] Some doubts about who was ultimately behind the hijacking will surface later when allegations emerge that the GIA is infiltrated by Algerian intelligence. There is even evidence the top leader of the GIA at this time is a government mole (see October 27, 1994-July 16, 1996). As journalist Jonathan Randal later relates, the aircraft was originally held at the Algiers airport “in security circumstances so suspect the French government criticized what it felt was the Algerian authorities’ ambiguous behavior. Only stern French insistence finally extracted [Algerian government] authorization to let the aircraft take off.” [Randal, 2005, pp. 171]

Entity Tags: Eiffel Tower, Al-Qaeda, Ramzi Yousef

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Enron’s $3 billion Dabhol, India power plant runs into trouble in 1995 when the Indian government temporarily cancels an agreement. The plant is projected to get its energy from the proposed Afghan pipeline and deliver it to the Indian government. Enron leader Ken Lay travels to India with Commerce Secretary Ron Brown the same year, and heavy lobbying by US officials continue in subsequent years. By summer 2001, the National Security Council leads a “Dabhol Working Group” with officials from various cabinet agencies to get the plant completed and functioning. US pressure on India intensifies until shortly before Enron files for bankruptcy in December 2001. US officials later claim their lobbying merely supported the $640 million of US government investment in the plant. But critics say the plant received unusually strong support under both the Clinton and Bush administrations. [New York Daily News, 1/18/2002; Washington Post, 1/19/2002]

Entity Tags: Clinton administration, Bush administration (43), Kenneth Lay, India, Ronald H. Brown, Enron Corporation, National Security Council

Timeline Tags: Complete 911 Timeline

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

The Associated Press will later report that the Enron corporation bribes Taliban officials as part of a “no-holds-barred bid to strike a deal for an energy pipeline in Afghanistan.” Atul Davda, a senior director for Enron’s International Division, will later claim, “Enron had intimate contact with Taliban officials.” Presumably this effort began around 1996, when a power plant Enron was building in India ran into trouble and Enron began an attempt to supply it with natural gas via a planned pipeline through Afghanistan (see 1995-November 2001 and June 24, 1996). In 1997, Enron executives privately meet with Taliban officials in Texas (see December 4, 1997). They are “given the red-carpet treatment and promised a fortune if the deal [goes] through.” It is alleged Enron secretly employs CIA agents to carry out its dealings overseas. According to a CIA source, “Enron proposed to pay the Taliban large sums of money in a ‘tax’ on every cubic foot of gas and oil shipped through a pipeline they planned to build.” This source claims Enron paid more than $400 million for a feasibility study on the pipeline and “a large portion of that cost was pay-offs to the Taliban.” Enron continues to encourage the Taliban about the pipeline even after Unocal officially gives up on the pipeline in the wake of the African embassy bombings (see December 5, 1998). An investigation after Enron’s collapse in 2001 (see December 2, 2001) will determine that some of this pay-off money ended up funding al-Qaeda. [Associated Press, 3/7/2002]

Entity Tags: Atul Davda, Enron Corporation, Taliban, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Federalist Society, John C. Yoo

Timeline Tags: Civil Liberties

Former Defense Secretary Dick Cheney, speaking at an awards ceremony for the Gerald R. Ford Foundation, tells listeners that he intends to do whatever he can to “restore” the power of the presidency. If he ever returns to Washington, he says he will roll back what he calls “unwise” limits on the presidency imposed after the Vietnam War and Watergate. “I clearly do believe, and have spoken directly about the importance of a strong president,” he says. “I think there have been times in the past, oftentimes in response to events such as Watergate or the war in Vietnam, where Congress has begun to encroach upon the powers and responsibilities of the president: that it was important to try to go back and restore that balance.” [Savage, 2007, pp. 9]

Entity Tags: Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Uzbekistan signs a deal with Enron “that could lead to joint development of the Central Asian nation’s potentially rich natural gas fields.” [Houston Chronicle, 6/25/1996] The $1.3 billion venture teams Enron with the state companies of Russia and Uzbekistan. [Houston Chronicle, 6/30/1996] On July 8, 1996, the US government agrees to give $400 million to help Enron and an Uzbek state company develop these natural gas fields. [Oil & Gas Journal, 7/8/1996]

Entity Tags: Enron Corporation, Uzbekistan

Timeline Tags: Complete 911 Timeline

The Supreme Court rules in the case of Colorado Republican Federal Campaign Committee v. Federal Election Committee. The case originated with advertisements run by the Colorado Republican Party (CRP) in 1986 attacking the Colorado Democratic Party’s likely US Senate candidate. Neither party had yet selected its candidate for that position. The Federal Election Commission (FEC) sued the CRP’s Federal Campaign Committee, saying that its actions violated the “party expenditure provision” of the Federal Election Campaign Act (FECA—see February 7, 1972, 1974, and May 11, 1976) by spending more than the law allows. The CRP in turn claimed that FECA violated its freedom of speech, and filed a counterclaim. A Colorado court ruled in favor of the CRP, dismissing the counterclaim as moot, but an appeals court overturned the lower court’s decision. The Supreme Court rules 7-2 in favor of the FEC. The decision is unusual, lacking a clear majority, but being comprised of a “plurality” of concurrences. The majority opinion, such as it is, is authored by Justice Stephen Breyer, one of the Court liberals, and is joined by fellow liberal David Souter and conservative Sandra Day O’Connor. Conservatives Anthony Kennedy, William Rehnquist, and Antonin Scalia go farther than Breyer’s majority decision, writing that the provision violates the First Amendment when it restricts as a “contribution” a political party’s spending “in cooperation, consultation, or concert, with a candidate.” In yet another concurrence, conservative Clarence Thomas argues that the entire provision is flatly unconstitutional. Liberals John Paul Stevens and Ruth Bader Ginsburg dissent, agreeing with the appeals court. [Oyez (.org), 2011; Moneyocracy, 2/2012] In 2001, the Court will revisit the case and find its initial ruling generally sound, though the later decision will find that some spending restrictions are constitutional. In the revisiting, four of the Court’s five conservatives will dissent, with the liberals joined by O’Connor. [Oyez (.org), 2011; Moneyocracy, 2/2012]

Entity Tags: Colorado Republican Party, Colorado Democratic Party, Antonin Scalia, Anthony Kennedy, US Supreme Court, Stephen Breyer, William Rehnquist, Clarence Thomas, Federal Election Campaign Act of 1972, David Souter, Colorado Republican Party Federal Campaign Committee, Sandra Day O’Connor, Ruth Bader Ginsburg, Federal Election Commission, John Paul Stevens

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Taliban representatives in Texas, 1997.Taliban representatives in Texas, 1997. [Source: Lions Gate Films]Representatives of the Taliban are invited guests to the Texas headquarters of Unocal to negotiate their support for the pipeline. Future President George W. Bush is Governor of Texas at the time. The Taliban appear to agree to a $2 billion pipeline deal, but will do the deal only if the US officially recognizes the Taliban regime. The Taliban meet with US officials. According to the Daily Telegraph, “the US government, which in the past has branded the Taliban’s policies against women and children ‘despicable,’ appears anxious to please the fundamentalists to clinch the lucrative pipeline contract.” A BBC regional correspondent says that “the proposal to build a pipeline across Afghanistan is part of an international scramble to profit from developing the rich energy resources of the Caspian Sea.” [BBC, 12/4/1997; Daily Telegraph, 12/14/1997] It has been claimed that the Taliban meet with Enron officials while in Texas (see 1996-September 11, 2001). Enron, headquartered in Texas, has an large financial interest in the pipeline at the time (see June 24, 1996). The Taliban also visit Thomas Gouttierre, an academic at the University of Nebraska, who is a consultant for Unocal and also has been paid by the CIA for his work in Afghanistan (see 1984-1994 and December 1997). Gouttierre takes them on a visit to Mt. Rushmore. [Dreyfuss, 2005, pp. 328-329]

Entity Tags: Unocal, Thomas Gouttierre, Clinton administration, Enron Corporation, George W. Bush, Taliban

Timeline Tags: Complete 911 Timeline

Former President Bush secretly invites two people to his Kennebunkport, Maine, compound: his son George W. Bush, and Condoleezza Rice, a longtime protege of his close friend and colleague Brent Scowcroft. Rice had been the elder Bush’s assistant on Soviet affairs from 1989 to 1991, and later became provost of Stanford University. Rice and the younger Bush spend many hours discussing foreign affairs, with Rice attempting to tutor him about the fundamentals of US relations with a host of other countries and regions. “We talked a lot about America’s role in the world,” Rice will recall. Bush “was doing due diligence on whether or not to run for president.” Rice will become “foreign policy coordinator” to the nascent Bush campaign. [Dubose and Bernstein, 2006, pp. 117; Unger, 2007, pp. 160]

Entity Tags: Condoleezza Rice, George Herbert Walker Bush, George W. Bush

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties

Texas governor and possible presidential candidate George W. Bush’s “Iron Triangle” of (four, not three) political advisers—Karen Hughes, Karl Rove, Donald Evans, and Joe Allbaugh—are preparing for Bush’s entry into the 2000 presidential campaign. His biggest liability is foreign affairs: despite his conversations with Saudi Prince Bandar (see Fall 1997) and former security adviser Condoleezza Rice (see August 1998), he is still a blank slate (see Early 1998). “Is he comfortable with foreign policy? I should say not,” observes George H. W. Bush’s former national security adviser, Brent Scowcroft, who is not involved in teaching the younger Bush about geopolitics. Bush’s son’s only real experience, Scowcroft notes, “was being around when his father was in his many different jobs.” Rice is less acerbic in her judgment, saying: “I think his basic instincts about foreign policy and what need[…] to be done [are] there: rebuilding military strength, the importance of free trade, the big countries with uncertain futures. Our job [is] to help him fill in the details.” Bush himself acknowledges his lack of foreign policy expertise, saying: “Nobody needs to tell me what to believe. But I do need somebody to tell me where Kosovo is.” Rice and former Defense Secretary Dick Cheney assemble a team of eight experienced foreign policy advisers to give the younger Bush what author Craig Unger calls “a crash course about the rest of the world.” They whimsically call themselves the “Vulcans,” [Carter, 2004, pp. 269; Dubose and Bernstein, 2006, pp. 117; Unger, 2007, pp. 161-163] which, as future Bush administration press secretary Scott McClellan will later write, “was based on the imposing statue of Vulcan, the Roman god of fire and metalworking, that is a landmark in Rice’s hometown of Birmingham, Alabama.” [McClellan, 2008, pp. 85] The eight are:
bullet Richard Armitage, a hardliner and Project for a New American Century (PNAC) member (see January 26, 1998) who served in a number of capacities in the first Bush presidency;
bullet Robert Blackwill, a hardliner and former Bush presidential assistant for European and Soviet Affairs;
bullet Stephen Hadley, a neoconservative and former assistant secretary of defense;
bullet Richard Perle, a leading neoconservative and another former assistant secretary of defense;
bullet Condoleezza Rice, a protege of Scowcroft, former oil company executive, and former security adviser to Bush’s father;
bullet Donald Rumsfeld, another former defense secretary;
bullet Paul Wolfowitz, a close associate of Perle and a prominent neoconservative academic, brought in to the circle by Cheney;
bullet Dov Zakheim, a hardline former assistant secretary of defense and a PNAC member;
bullet Robert Zoellick, an aide to former Secretary of State James Baker and a PNAC member.
McClellan will later note, “Rice’s and Bush’s views on foreign policy… were one and the same.” [McClellan, 2008, pp. 85] Their first tutorial session in Austin, Texas is also attended by Cheney and former Secretary of State George Schulz. Even though three solid neoconservatives are helping Bush learn about foreign policy, many neoconservatives see the preponderance of his father’s circle of realpolitik foreign advisers surrounding the son and are dismayed. Prominent neoconservatives such as William Kristol, Jeane Kirkpatrick, and James Woolsey will back Bush’s primary Republican opponent, Senator John McCain (R-AZ). [Carter, 2004, pp. 269; Dubose and Bernstein, 2006, pp. 117; Unger, 2007, pp. 161-163] Ivo Daalder and James Lindsay, both former National Security Council members, write in the book America Unbound: The Bush Revolution in Foreign Policy, that under the tutelage of the Vulcans, Bush adopts a “hegemonist” view of the world that believes the US’s primacy in the world is paramount to securing US interests. As former White House counsel John Dean writes in 2003, this viewpoint asserts, “[S]ince we have unrivalled powers, we can have it our way, and kick ass when we don’t get it.” [FindLaw, 11/7/2003; Carter, 2004, pp. 269]

Entity Tags: Richard (“Dick”) Cheney, Robert B. Zoellick, Paul Wolfowitz, Richard Armitage, Robert Blackwill, John McCain, Scott McClellan, Richard Perle, John Dean, James Lindsay, James Woolsey, Donald Rumsfeld, Condoleezza Rice, Brent Scowcroft, Jeane Kirkpatrick, Dov S. Zakheim, George W. Bush, George Schulz, Stephen J. Hadley, Ivo Daalder, William Kristol

Timeline Tags: Events Leading to Iraq Invasion, US International Relations, Neoconservative Influence

Unocal announces it is withdrawing from the CentGas pipeline consortium, and closing three of its four offices in Central Asia. President Clinton refuses to extend diplomatic recognition to the Taliban, making business there legally problematic. A concern that Clinton will lose support among women voters for upholding the Taliban plays a role in the cancellation. [New York Times, 12/5/1998]

Entity Tags: Centgas, William Jefferson (“Bill”) Clinton, Unocal, Taliban

Timeline Tags: Complete 911 Timeline

Gary Schmitt.Gary Schmitt. [Source: Think Progress (.org)]Prominent neoconservative Abram Shulsky, who worked under former Senator Henry “Scoop” Jackson (see Early 1970s), joins fellow neoconservative Gary Schmitt, the founder of the Project for the New American Century (PNAC - see January 26, 1998), in penning an essay called “Leo Strauss and the World of Intelligence.” Both are Strauss proteges, having studied under him at the University of Chicago. Strauss is considered an intellectual guiding light for neoconservative philosophy. Strauss, as Shulsky and Schmitt write, believed that all intelligence work essentially boils down to deception and counterdeception, as much with the governments and citizenry an intelligence agency ostensibly serves as with an enemy government or organization. Strauss viewed intelligence as a means for policymakers to attain and justify policy goals, not to describe the realities of the world. Intelligence is “the art of deception,” Strauss taught. Shulsky will go on to implement Strauss’s views in his work with the Office of Special Plans (see September 2002). [Middle East Policy Council, 6/2004]

Entity Tags: Henry (“Scoop”) Jackson, Gary Schmitt, University of Chicago, Abram Shulsky, Leo Strauss, Office of Special Plans, Project for the New American Century

Timeline Tags: Neoconservative Influence

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

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

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

President Clinton orders the US Air Force to participate in a NATO bombing campaign in Kosovo. The campaign lasts for 79 days, and constitutes the first time since the War Powers Resolution became law in 1974 that any president has deployed US forces into overseas combat for over 60 days without Congressional authorization. Clinton’s legal advisers argue that Clinton has all the authority he needs to continue the air war because on May 22 Congress passes an emergency spending bill to fund the Kosovo war, just days before the 60-day clock runs out. The War Powers Resolution explicitly forbids appropriations to count as authorization, so Clinton’s legal ground is shaky. In 2007, author and reporter Charlie Savage will note the unusual role reversal in Washington—Democrats, who had insisted that Republican presidents obey the War Powers Resolution, now stand by Clinton (or at least offer no overt criticism), and Republicans, who had argued that Congress had no right to challenge a president’s authority to conduct a war as he sees fit, now challenge Clinton’s authority under the selfsame War Powers Resolution they have previously criticized. The Congressional debate ends inconclusively when the air campaign ends. [Savage, 2007, pp. 65-66]

Entity Tags: William Jefferson (“Bill”) Clinton, Charlie Savage

Timeline Tags: Civil Liberties

Advisers and colleagues of George H. W. Bush are working alongside a stable of neoconservatives (see April-May 1999) to give Bush’s son, George W., a basic grounding in foreign policies and principles. Though much of the neoconservatives’ teachings conflict with the ideas and interpretations of the elder Bush’s more ‘realist’ advisers, they are not overly concerned about the neoconservatives’ influence on the younger Bush. “The idea that [Paul] Wolfowitz and the neocons represented a great ideological shift from [Brent] Scowcroft’s group of realists was not yet clear,” a knowledgeable State Department source will later note. “Then Wolfowitz and [Condoleezza] Rice [a colleague of Bush adviser Brent Scowcroft with as-yet unsuspected neoconservative leanings] started going down to Austin to tutor Bush in foreign policy (see August 1998). Bush’s grandiose vision emerged out of those tutorials, with Rice tutoring him in global history and Wolfowitz laying out his scheme to remake the world (see February 18, 1992). The whole view of those people was that the next president was not going to be a passive actor, but was to reshape the world to US interests. That was the message that Rice and Wolfowitz were giving to Bush. Rice was the one giving [Bush] the idea that were entering some sort of 1947-like transitional period in which the United States could shape the world.” [Unger, 2007, pp. 165-168]

Entity Tags: Paul Wolfowitz, Condoleezza Rice, George W. Bush

Timeline Tags: US International Relations

Gen. Pete Schoomaker.Gen. Pete Schoomaker. [Source: US Defense Department]A data mining program called Able Danger was set up by US Special Operations Command (SOCOM) in late 1998. It had been collecting data mostly on Bosnia and China (see Late December 1998). But at this time, it begins collecting data on al-Qaeda. [Government Security News, 9/2005] At least some of the data is collected on behalf of Maj. Gen. Geoffrey Lambert, the J3 at US Special Operations Command. [US Congress. Senate. Committee on Judiciary, 9/21/2005] Eleven intelligence employees are directly involved in Able Danger’s work. Six are with SOCOM’s Able Danger unit. Four more, including Dr. Eileen Preisser and Maj. Eric Kleinsmith, are with the US Army’s Land Information Warfare Activity (LIWA), which joins the effort in December 1999. LIWA had been conducing data mining already on a wide variety of topics, including international drug cartels, corruption in Russia and Serbia, terrorist linkages in the Far East, and the proliferation of sensitive military technology to China (see April 2000). [Norristown Times Herald, 6/19/2005; Government Security News, 8/2005; New York Times, 8/9/2005; St. Petersburg Times, 8/10/2005; Bergen Record, 8/14/2005; Government Security News, 9/2005; US Congress, 9/21/2005; US Congress. Senate. Committee on Judiciary, 9/21/2005] Lt. Col. Anthony Shaffer, running a military unit called Stratus Ivy in the Defense Intelligence Agency (DIA), will also take part in the effort. According to Shaffer, Stratus Ivy is tasked “to take on ‘out of the box’ ideas, and develop them into real intelligence operations.” So the goal is to use the information gathered by Able Danger to conduct real operations against al-Qaeda targets. [US Congress, 2/15/2006 pdf file] Using computers, the unit collects huge amounts of data in a technique called “data mining.” They get information from such sources as al-Qaeda Internet chat rooms, news accounts, web sites, and financial records. Using sophisticated software, they compare this with government records such as visa applications by foreign tourists, to find any correlations and depict these visually. [Bergen Record, 8/14/2005; Government Security News, 9/2005] The program will be shut down early in 2001 (see January-March 2001).

Entity Tags: Geoffrey Lambert, Anthony Shaffer, Eric Kleinsmith, Russia, Special Operations Command, Hugh Shelton, Al-Qaeda, Curt Weldon, Peter J. Schoomaker, Bosnia, China, Able Danger, Eileen Preisser

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

NSA servers used to collect and sift data.NSA servers used to collect and sift data. [Source: FrancesFarmersRevenge.com]The National Security Agency (see 1952) begins building a massive data-mining system, code-named “Trailblazer,” that is intended to sift through reams of digital communications intercepts and find nuggets of information relevant to national security. The program’s task is huge—to sort through the 2 million bits of data the NSA collects every hour—and one made even more complex by the relatively new types of wireless, Internet, cell phone, and instant messaging communications now becoming ever more commonplace. Trailblazer is strongly embraced by General Michael Hayden, who became the NSA’s director in March 1999. Hayden recognizes from the outset that the NSA is years behind the technological curve, and casts Trailblazer as the future of the agency’s intelligence gathering and sorting. In November 1999, Hayden makes Trailblazer the centerpiece of his “100 Days of Change,” his plan to transform the agency into a leaner, more efficient organization, fast-tracking the program to vault it ahead of other initiatives. “It was going to structure us to handle the digital revolution,” a former intelligence official will recall. But from the outset the program has problems: a meeting between NSA and other government officials in December 1999 is unpromising, and, according to one government oversight official, the program “kicked off with not a real great definition of what it was trying to achieve.” Program managers fail to define standard data formats to allow for the proper sorting of information. After six years, $1.2 billion in expenditures, and endless man-hours of work, the utterly failed program will be recognized as the “biggest boondoggle… in the intelligence community” (see January 2006). [Baltimore Sun, 1/29/2006]

Entity Tags: Trailblazer, National Security Agency, Michael Hayden

Timeline Tags: Civil Liberties

Diana Dean.Diana Dean. [Source: Seattle Times]Al-Qaeda operative Ahmed Ressam is arrested in Port Angeles, Washington, attempting to enter the US with components of explosive devices. One hundred and thirty pounds of bomb-making chemicals and detonator components are found inside his rental car. He subsequently admits he planned to bomb Los Angeles International Airport on December 31, 1999. [New York Times, 12/30/2001] Alert border patrol agent Diana Dean stops him; she and other agents nationwide had been warned recently to look for suspicious activity. Ressam’s bombing would have been part of a wave of attacks against US targets over the New Year’s weekend (see December 15-31, 1999). He is later connected to al-Qaeda and convicted. [US Congress, 9/18/2002; PBS Frontline, 10/3/2002]

Entity Tags: Diana Dean, Ahmed Ressam, Los Angeles International Airport, Al-Qaeda

Timeline Tags: Complete 911 Timeline

Mike Frost.Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]

Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich Ramírez Sanchez

Timeline Tags: Civil Liberties

The US routinely denies that its satellite surveillance program, Echelon, provides any information to corporations, noting that the law clearly prevents such transactions. But former CIA director James Woolsey confirms that the US does indeed conduct economic espionage against its European allies, though he does not specifically mention Echelon. Woolsey, a well-known neoconservative, justifies such actions by accusing European companies of using bribery to gain unfair advantages against US corporations. “We have spied on you because you bribe,” he writes in the Wall Street Journal. “[European] products are often more costly, less technically advanced or both, than [their] American competitors’. As a result [they] bribe a lot.” [BBC, 7/6/2000]

Entity Tags: Echelon, Wall Street Journal, James Woolsey

Timeline Tags: Civil Liberties

President Clinton considers building a radar facility as part of a proposed national missile defense system. Clinton’s legal advisers have told him that he could “interpret” the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) to allow such a facility, even though the treaty clearly prohibits any moves towards a missile defense system. Clinton later authorizes the construction of a radar facility in Alaska, but leaves the bulk of the decision-making to the next administration. [Agence France-Presse, 6/21/2000; Savage, 2007, pp. 67] Clinton’s successor, George W. Bush, will withdraw from the treaty entirely (see December 13, 2001).

Entity Tags: George W. Bush, William Jefferson (“Bill”) Clinton

Timeline Tags: US International Relations

John Yoo, an associate law professor at the University of California at Berkeley, makes a presentation at a Cato Institute seminar on executive power. Yoo, who will go on to become one of the Bush administration’s primary advocates of unchecked executive power (see March 1996), accuses the Clinton administration of upending the Constitution to give the executive branch unwarranted authority (see March 24 - Mid-June, 1999). “[T]he Clinton administration has undermined the balance of powers that exist in foreign affairs, and [they] have undermined principles of democratic accountability that executive branches have agreed upon well to the Nixon administration,” he says. Regarding the Clinton administration’s stretched interpretation of the Anti-Ballistic Missile Treaty (see June 2000), Yoo says that the Clinton “legal arguments are so outrageous, they’re so incredible, that they actually show, I think, a disrespect for the idea of law, by showing how utterly manipulatible it is.” [Savage, 2007, pp. 67]

Entity Tags: Bush administration (43), John C. Yoo, Nixon administration, Clinton administration

Timeline Tags: Civil Liberties

The NSA completes a report for the incoming Bush administration entitled “Transition 2000” that tells how the NSA is planning to improve its intelligence gathering. More importantly, it tells incoming White House officials that in the process of improving its intelligence gathering, some US citizens will inevitably be targeted for surveillance, though, according to a former NSA official, analysts were supposed to “delete the name of the” citizen being surveilled. Such inadvertent surveillance of US citizens took place even during the Clinton administration, says that former official, but the citizens’ names were always deleted from the transcripts of the communications intercepts. The law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents. (With the permission of the Foreign Intelligence Surveillance Court (FISC), the NSA can spy on diplomats and foreigners inside US borders.) An NSA official will tell the Boston Globe in October 2001, “If, in the course of surveillance, NSA analysts learn that it involves a US citizen or company, they are dumping that information right then and there.” However, once President Bush takes office in January 2001, that practice will undergo a radical change (see Spring 2001). [Truthout (.org), 1/17/2006] In the same transition report, agency officials say that the NSA must become a “powerful, permanent presence” on the commercial communications networks, a goal they admit will raise legal and privacy issues. [New York Times, 12/16/2007]

Entity Tags: Bush administration (43), National Security Agency

Timeline Tags: Civil Liberties

President-elect George W. Bush meets with Donald Rumsfeld in Washington, and offers him the position of secretary of defense. Insiders are amazed that Bush would even consider Rumsfeld, the chief of staff for former President Ford (see September 21, 1974 and After), after Rumsfeld’s open contempt and enmity towards the elder Bush, the “Team B” onslaught against the elder Bush’s CIA (see Late November 1976 and Late November, 1976), and his attempts to keep Bush off the presidential tickets in 1976 and 1980 (see Before November 4, 1975). “Real bitterness there,” a close friend of the Bush family later says. “Makes you wonder what was going through Bush 43’s head when he made [Rumsfeld] secretary of defense.” The Bush family’s great friend and fixer, James Baker, even tries to dissuade Bush from choosing Rumsfeld, telling him, “All I’m going to say is, you know what he did to your daddy.” But Bush chooses Rumsfeld anyway. Not only does Rumsfeld have a long and fruitful relationship with Vice President Cheney (see 1969), but Rumsfeld, described as always an ingratiating courtier by author Craig Unger, plays on Bush’s insecurity about his lack of experience and his desire to be an effective commander in chief. Rumsfeld is also a key element of Cheney’s long-term plan to unify power in the executive branch (see 1981-1992), to the detriment of Congress and the judiciary. [Unger, 2007, pp. 186-187]

Entity Tags: Donald Rumsfeld, Craig Unger, Richard (“Dick”) Cheney, George W. Bush, James A. Baker

Timeline Tags: US Military

In January, Joint Chiefs of Staff Chairman Henry Shelton is given a three hour briefing on Able Danger. Shelton supported the formation of Able Danger back in 1999 (see Fall 1999). The content of the briefing has never been reported. Then in March, during a briefing on another classified program called Door Hop Galley, Able Danger is again brought up. This briefing, given by Lt. Col. Anthony Shaffer, is attended by Vice Adm. Thomas Wilson, director of the Defense Intelligence Agency; Richard Schiefren, an attorney at DOD; and Stephen Cambone, Special Assistant to the Secretary and Deputy Secretary of Defense. [Government Security News, 9/2005; Office of Congressman Curt Weldon, 9/17/2005 Sources: Curt Weldon] In mid-September 2005, Weldon will say, “I knew that the Clinton administration clearly knew about this. Now I know of at least two briefings in the Bush administration.” He calls these two briefings “very troubling.” He wants to know what became of the information presented in these briefings, suggesting it shouldn’t have been destroyed as part of the other Able Danger data purges. [Delaware County Daily Times, 9/16/2005; Office of Congressman Curt Weldon, 9/17/2005]

Entity Tags: Bush administration (43), Clinton administration, Henry Hugh Shelton, Thomas Wilson, Stephen A. Cambone, Richard Schiefren, Able Danger, Anthony Shaffer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

According to reporter and author Charlie Savage, the White House staff quickly coalesces into two camps: “Bush People[,] mostly personal friends of the new president who shared his inexperience in Washington,” which includes President Bush’s top legal counsels, Alberto Gonzales and Harriet Miers, both corporate lawyers in Texas before joining Bush in Washington. The second group is “Cheney People—allies from [Vice-President Dick] Cheney’s earlier stints in the federal government (see May 25, 1975, November 18, 1980, 1981-1992, 1989, and June 1996) who were deeply versed in Washington-level issues, a familiarity that would allow their views to dominate internal meetings. These included [Defense Secretary Donald] Rumsfeld and other cabinet secretaries, key deputies throughout the administration, and David Addington, Cheney’s longtime aide who would become a chief architect of the administration’s legal strategy in the war on terrorism” (see July 1, 1992 and (After 10:00 a.m.) September 11, 2001). Savage will observe, “Given the stark contrast in experience between Cheney and Bush, it was immediately clear to observers of all political stripes that Cheney would possess far more power than had any prior vice president.”
'Unprecedented' Influence - Cheney will certainly have “unprecedented” influence, according to neoconservative publisher William Kristol, who himself had served as former Vice President Dan Quayle’s chief of staff. “The question to ask about Cheney,” Kristol will write, is “will he be happy to be a very trusted executor of Bush’s policies—a confidant and counselor who suggests personnel and perhaps works on legislative strategy, but who really doesn’t try to change Bush’s mind about anything? Or will he actually, substantively try to shape administration policy in a few areas, in a way that it wouldn’t otherwise be going?”
Expanding the Power of the Presidency - Cheney will quickly answer that question, Savage will write, by attempting to “expand the power of the presidency.” Savage will continue: “He wanted to reduce the authority of Congress and the courts and to expand the ability of the commander in chief and his top advisers to govern with maximum flexibility and minimum oversight. He hoped to enlarge a zone of secrecy around the executive branch, to reduce the power of Congress to restrict presidential action, to undermine limits imposed by international treaties, to nominate judges who favored a stronger presidency, and to impose greater White House control over the permanent workings of government. And Cheney’s vision of expanded executive power was not limited to his and Bush’s own tenure in office. Rather, Cheney wanted to permanently alter the constitutional balance of American government, establishing powers that future presidents would be able to wield as well.” [Savage, 2007, pp. 7-9] Larry Wilkerson, the chief of staff for Secretary of State Colin Powell, will say after leaving the administration: “We used to say about both [Defense Secretary Donald Rumsfeld’s office] and the vice president’s office that they were going to win nine out of 10 battles, because they were ruthless, because they have a strategy, because they never, never deviate from that strategy. They make a decision, and they make it in secret, and they make it in a different way than the rest of the bureaucracy makes it, and then suddenly, foist it on the government—and the rest of the government is all confused.” [Unger, 2007, pp. 299]
Signing Statements to Reshape Legislation, Expand Presidential Power - To that end, Cheney ensures that all legislation is routed through his office for review before it reaches Bush’s desk. Addington goes through every bill for any new provisions that conceivably might infringe on the president’s power as Addington interprets it, and drafts signing statements for Bush to sign. In 2006, White House counsel Bradford Berenson will reflect: “Signing statements unite two of Addington’s passions. One is executive power. And the other is the inner alleyways of bureaucratic combat. It’s a way to advance executive power through those inner alleyways.… So he’s a vigorous advocate of signing statements and including important objections in signing statements. Most lawyers in the White House regard the bill review process as a tedious but necessary bureaucratic aspect of the job. Addington regarded it with relish. He would dive into a 200-page bill like it was a four-course meal.” It will not be long before White House and Justice Department lawyers begin vetting legislation themselves, with Addington’s views in mind. “You didn’t want to miss something,” says a then-lawyer in the White House. [Savage, 2007, pp. 236]

Entity Tags: David S. Addington, Bradford Berenson, Alberto R. Gonzales, Charlie Savage, William Kristol, Richard (“Dick”) Cheney, Donald Rumsfeld, Bush administration (43), Harriet E. Miers, George W. Bush, Lawrence Wilkerson

Timeline Tags: Civil Liberties

The Bush administration’s legal team meets for the first time. The head of the group, White House counsel Alberto Gonzales, is well known as a staunchly loyal aide to President Bush, and has long ensured that Bush receives the legal opinions he wants. While Bush was governor of Texas, Gonzales routinely prepared briefings for him on death row prisoners appealing for clemency, briefings that usually left out mitigating circumstances that might have led Bush to consider waiving the death penalty. Bush was pleased at Gonzales’s approach, and the White House legal team will quickly come to understand that that same approach will be used in its legal work. One young team member is Bradford Berenson, who made his reputation working with the Bush-Cheney campaign in its fight to win the disputed 2000 presidential election. Berenson is one of eight White House associate counsels. Gonzales tells the gathered counsels and legal staff that most of their work will be in handling the everyday legal tasks generated by the White House, reviewing speeches and letters, making judgments on ethical issues, and the like. But, according to Gonzales, Bush has personally instructed him to give his team two missions as their top priority.
Appoint Conservatives to Judiciary Positions - One is to find as many conservatives as they can to fill the numerous vacancies on the federal courts, vacancies left unfilled because of Senate Republicans’ refusal to schedule hearings for Clinton nominees. Now, Gonzales tells the legal team, they are to find as many conservative “judicial restraint”-minded lawyers as there are judgeships to be filled, and to get them confirmed as quickly as possible. This is an unsurprising mission, as most in the room expect the Republicans to lose control of Congress in 2002—as, historically, most parties who control the executive branch do in midterm elections—and therefore have only a limited time in which to get nominees named, vetted, and confirmed by friendly Congressional Republicans.
Find Ways to Expand Presidential Power - Gonzales’s second mission is more puzzling. The lawyers are to constantly look for ways to expand presidential power, he tells them. Bush has told his senior counsel that under previous administrations, the power of the presidency has eroded dramatically. (Ironically, some of the losses of executive power came due to the Republican-led investigation of former President Clinton’s involvement in Whitewater and his affair with a White House intern, when Secret Service bodyguards and White House attorneys were compelled to testify about their communications with the president, and Congressional Republicans issued subpoenas and demanded information from the White House.) It is time to turn back the tide, Gonzales tells his team, and not only regain lost ground, but expand presidential power whenever the opportunity presents itself. Berenson will later recall Gonzales telling them that they are “to make sure that [Bush] left the presidency in better shape than he found it.” Berenson will later remark: “Well before 9/11, it was a central part of the administration’s overall institutional agenda to strengthen the presidency as a whole. In January 2001, the Clinton scandals and the resulting impeachment were very much in the forefront of everyone’s mind. Nobody at that point was thinking about terrorism or the national security side of the house.” Berenson does not learn until much later that much of the direction they have received has come, not from President Bush, but from Vice President Cheney and his legal staff, particularly his chief counsel, David Addington. [Savage, 2007, pp. 70-75]

Entity Tags: David S. Addington, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Bradford Berenson, George W. Bush

Timeline Tags: Civil Liberties

Newly elected president George W. Bush says he opposes price caps on wholesale electricity, and suggests that for California to ease its power crisis, it should relax its environmental regulations and allow power companies such as Enron to operate unchecked. “The California crunch really is the result of not enough power-generating plants and then not enough power to power the power of generating plants,” he says. [Harper's, 1/23/2001] In 2002, former Enron energy trader Steve Barth will give a different perspective. “This was like the perfect storm,” he will say of Enron’s merciless gaming of the California energy crisis. “First, our traders are able to buy power for $250 in California and sell it to Arizona for $1,200 and then resell it to California for five times that. Then [Enron Energy Services] was able to go to these large companies and say ‘sign a 10-year contract with us and we’ll save you millions.’” [CBS News, 5/16/2002]

Entity Tags: Enron Energy Services, Enron Corporation, George W. Bush, Steve Barth

Timeline Tags: US Environmental Record

President Bush informs a small group of reporters that he is forming an “energy task force” to draw up a new national energy policy. It will be the first major policy initiative of his presidency. The administration is driven by its concern for “the people who work for a living… who struggle every day to get ahead.” The task force will find ways to meet the rising demand for energy and to avoid the shortfalls causing major power blackouts in California and other areas (see January 23, 2001). He has chosen Vice President Cheney to chair the task force. “Can’t think of a better man to run it than the vice president,” he says. He refuses to take questions, turning aside queries with jokes about the recent Super Bowl. The short press briefing will be virtually the only time the White House tells reporters anything about Cheney’s National Energy Policy Development Group. [Savage, 2007, pp. 85-86] Deputy press secretary Scott McClellan will later write that the task force “held a series of meetings with outside interests whose identities were withheld from the public. This created an early impression of an administration prone to secrecy and reinforced the image of the Bush White House as in thrall to corporate interests.” [McClellan, 2008, pp. 96]

Entity Tags: George W. Bush, Scott McClellan, Richard (“Dick”) Cheney, National Energy Policy Development Group

Timeline Tags: US Environmental Record

The NSA asks Qwest, a major US telecommunications firm and a cutting-edge provider of high-tech wireless and Internet connectivity, to reveal information about its customers and their phone calls. Qwest’s CEO, Joe Nacchio, refuses after meeting with NSA officials and deciding that the program is illegal without court orders (see February 27, 2001). The NSA refuses to seek court authorization for its wiretaps and electronic surveillance. The NSA will renew its request from Qwest after the 9/11 attacks, and will also ask the firm to help it track suspected terrorists. Other telecommunications firms such as Verizon, AT&T, and BellSouth, will comply with the NSA’s requests (see February 2001 and Beyond).
Fears of a 'Digital Pearl Harbor' - According to a former White House official, the NSA’s primary purpose before 9/11 is to watch for computer hackers and foreign-government agents trying to hack into the government’s computer information systems, particularly those within the Defense Department. Government officials fear a “digital Pearl Harbor” if hackers were ever to seize control of those systems or other key US infrastructures. The former official will say in 2007 that the NSA’s proposal to Qwest is, “Can you build a private version of Echelon and tell us what you see?” Echelon is the NSA’s enormous signals intelligence (SIGINT) network used by the agency and its counterparts in Australia, Canada, New Zealand, and Britain. Qwest is constructing a high-speed network for phone and Internet traffic, and the NSA wants Qwest to keep records of its customers’ transactions for it. The NSA, another source will say, wants to analyze call, e-mail, and other transmissions’ traffic patters for signs of suspicious activity. The White House official will say that telecom firms such as Qwest “have an enormous amount of intelligence-gathering” capability. They don’t have to target individual customers to “look for wacky behavior,” or “groups communicating with each other in strange patterns.” Such information could augment intelligence that the NSA and other agencies were gathering from other sources, and enable the NSA to collect the information it wants without violating laws prohibiting it and other intelligence agencies from directly gathering data on US citizens.
Ill Will from NSA - Nacchio’s refusal to go along with the NSA’s request garners it some ill will among the US intelligence community, the former White House official will say. Nacchio will contend that because of his refusal, the NSA denied Qwest a lucrative government contract. A former high-level intelligence official will add that other telecom companies had little problem agreeing to the NSA’s requests. Nacchio believes that the NSA’s request is illegal under the Telecommunications Act without court orders; the former White House official will acknowledge that it might violate the 1986 Electronic Communications Privacy Act. After 9/11, that law will be amended by the USA Patriot Act to give the government more room to monitor US citizens.
Qwest, Other Telecom Firms Cooperative with Other Agencies - Qwest is apparently less reluctant to share other information with the Pentagon. Qwest began sharing its technology and information as far back as 1997 (see 1997). In May 2001, Commerce Secretary Don Evans will tell the Senate Appropriations Committee that his department helped persuade Qwest to “share proprietory information with the Defense Department to evaluate the vulnerability of its network.” Qwest, which serves the Rocky Mountain and West Coast regions of the country, covers the areas that house some of the military’s most important command-and-control facilities, including the US Strategic Command. In the 1990s, Qwest began actively pursuing contracts with the Defense Department to build more modern, private, secure networks for defense and intelligence agencies. [National Journal, 11/2/2007]
Meetings with Bush Officials - In court documents filed in 2006 to challenge his prosecution for insider trading and, in heavily redacted form, released to the public in 2007, Nacchio will indicate that telecom executives met frequently with Bush administration officials before 9/11, including Deputy Defense Secretary Paul Wolfowitz, National Security Adviser Condoleezza Rice, NSA Director Michael Hayden, and counterterrorism “tsar” Richard Clarke. Many telecom firms are working closely with the government to develop highly classified operations, including joint networks to which the government will have unfettered access. The future director of national intelligence, Mike McConnell, works with telecom firms to expand the cooperation between the telecom industry and the federal government. [Salon, 10/15/2007]

Entity Tags: Condoleezza Rice, US Department of Defense, Bush administration (43), Verizon Communications, AT&T, US Department of Commerce, Senate Appropriations Committee, US Strategic Command, BellSouth, Donald L. Evans, Echelon, Richard A. Clarke, Qwest, Mike McConnell, National Security Agency, Joe Nacchio, Paul Wolfowitz

Timeline Tags: Civil Liberties

Exxon logo.Exxon logo. [Source: Goodlogo (.com)]One of the first officials to meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001) is James Rouse, the vice president of ExxonMobil and a large financial donor to the Bush-Cheney presidential campaign. Several days later, Kenneth Lay, the CEO of Enron, meets with the group. It will not be his last meeting (see April 17, 2001 and After). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: National Energy Policy Development Group, Enron Corporation, James Rouse, ExxonMobil, Richard (“Dick”) Cheney, Kenneth Lay

Timeline Tags: US Environmental Record

Joseph Nacchio.Joseph Nacchio. [Source: publicity photo via Business Week]Qwest CEO Joe Nacchio meets with NSA officials in Fort Meade, Maryland, to discuss two topics of mutual interest: a $100 million infrastructure upgrade that Qwest, one of the US’s largest telecommunications firms, can perform for the agency, and another topic that remains classified. (The meeting will be revealed in heavily redacted court documents released six years later—see October 12, 2007). Observers believe the discussion is about the NSA’s warrantless wiretapping program of US citizens, which the government will conceal for years (see December 15, 2005), and which the Bush administration will insist did not come about until after the 9/11 attacks (see December 17, 2005). Nacchio meets with NSA officials to discuss the agency’s “Groundbreaker” project (see February 2001), which the NSA will later claim is merely a modernization and upgrade of its technological infrastructure. A June 2006 lawsuit against AT&T over that firm’s cooperation with the NSA alleges that “Groundbreaker” is part of a secret domestic surveillance operation. According to the court documents, Nacchio and the NSA are unable to agree on an unrevealed topic of discussion; after that disagreement, the NSA will withdraw its “Groundbreaker” contract from consideration for Qwest. Nacchio, according to the documents, believes that the unrevealed topic of discussion involves illegal and inappropriate actions. He asks the agency officials whether “a warrant or other legal process had been secured.” The NSA officials, according to the documents, have a “disinclination on the part of the authorities to use any legal process,” leading Nacchio to conclude that “the requests violated the privacy requirements of the Telecommunications Act.” When Nacchio refuses to cooperate with the NSA, the agency withdraws its offer of the “Groundbreaker” contract. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007] James F.X. Payne, the former chief of Qwest’s government business unit, will later tell investigators, “There was a feeling also that the NSA acted as agents for other government agencies.” [National Journal, 11/2/2007] In 2007, the New York Times will reveal that Qwest refuses to give the NSA access to its most localized communications switches, carrying largely domestic phone calls. The arrangement would have permitted neighborhood-by-neighborhood surveillance of phone traffic without a court order. [New York Times, 12/16/2007] The NSA has more success with other companies—and has enjoyed a long and fruitful relationship with Qwest as well (see February 2001).

Entity Tags: Qwest, New York Times, James F.X. Payne, Bush administration (43), AT&T, Joe Nacchio, National Security Agency

Timeline Tags: Civil Liberties

The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Defense Intelligence Agency, George W. Bush, Donald Rumsfeld, US Department of Defense, National Security Agency, US Department of State

Timeline Tags: Civil Liberties

Duke Energy logo.Duke Energy logo. [Source: University of Michigan]Several officials from the nation’s biggest electric utilities, including Duke Energy and Constellation Energy Group, meet with Vice President Cheney’s energy task force (the National Energy Policy Development Group—see May 16, 2001). The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: Constellation Energy Group, National Energy Policy Development Group, Richard (“Dick”) Cheney, Duke Energy

Timeline Tags: US Environmental Record

Joseph Kelliher, a top political appointee on Vice President Cheney’s energy task force (see January 29, 2001) e-mails natural gas executive Dana Contratto with the following question: “If you were King or Il Duce, what would you include in a national [energy] policy, especially with respect to natural gas issues?” The e-mail is never intended to become public knowledge. Kelliher will later become President Bush’s appointee to head the Federal Energy Regulatory Commission (FERC). [Savage, 2007, pp. 86]

Entity Tags: Dana Contratto, Joseph T. Kelliher, National Energy Policy Development Group

Timeline Tags: US Environmental Record

API logo.API logo. [Source: American Petroleum Institute]James Ford, an official with the American Petroleum Institute (API), sends Energy Department official Joseph T. Kelliher copies of the API’s position papers. In that packet is what the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001) will describe as a “suggested executive order to ensure that energy implications are considered and acted on in rulemakings and executive actions.” In May 2001, President Bush will issue that selfsame executive order (see May 11, 2001). [Washington Post, 7/18/2007]

Entity Tags: US Department of Energy, Richard (“Dick”) Cheney, James Ford, George W. Bush, American Petroleum Institute, Joseph T. Kelliher, National Energy Policy Development Group

Timeline Tags: US Environmental Record

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