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R. Scott Shumate.R. Scott Shumate. [Source: American Psychological Association]Held in a secret CIA prison in Thailand, al-Qaeda leader Abu Zubaida is interrogated by a new team of CIA interrogators led by James Elmer Mitchell and Dr. R. Scott Shumate. Mitchell is a psychologist contracted to the CIA, while Shumate is the chief operational psychologist for the CIA’s Counterterrorist Center. Mitchell wants to use torture techniques based on reverse-engineering SERE (Survival, Evasion, Resistance, Escape), a class he has taught that trains US soldiers to resist torture by the enemy. But the techniques have never been tried before and studies will later determine they are not effective in obtaining good intelligence (see Mid-April 2002). Zubaida is resistant to Mitchell’s new aggressive techniques and refuses to talk. Mitchell concludes Zubaida will only talk when he has been rendered completely helpless and dependent, so the CIA begins building a coffin to bury Zubaida alive in but not actually kill him. This creates an intense controversy over the legality of such a technique, and ultimately it appears the burying alive is never carried out. Both domestic and international law clearly prohibits death threats and simulated killings. However, a number of aggressive techniques have just been approved at the highest political level (see Mid-March 2002), so opponents to these techniques are mostly powerless. Shumate is so strongly opposed to these techniques that he leaves in disgust. He will later tell his associates that it was a mistake for the CIA to hire Mitchell. But with Shumate gone, Mitchell is now free to use more extreme methods, and the torture of Zubaida begins in earnest around the middle of May. (Eban 7/17/2007) Around this time, the FBI also washes its hands of the controversial techniques and withdraws its personnel from the secret prison (see Mid-April-May 2002).

Guantanamo now holds about 300 prisoners, indicating that the number of detainees has grown at an average rate of 75 persons per month since January 11 (see January 11, 2002). (Williams 1/14/2003)

This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions.This picture of US soldiers supervising the waterboarding of North Vietnamese prisoners was published in a US newspaper in 1968, resulting in an investigation and convictions. [Source: Bettmann / Corbis]In 2007, it will be reported that the CIA used the controversial interrogation technique of waterboarding on at least three detainees. The Associated Press will claim the detainees are:
bullet Abu Zubaida, who is captured in March 2002 and tortured around May 2002 (see March 28, 2002 and Mid-May 2002 and After).
bullet Abd al-Rahim al-Nashiri, who is captured in November 2002 (see Early October 2002 and (November 2002)).
bullet Khalid Shaikh Mohammed (KSM), who is allegedly captured in early 2003 (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003). (Hess 12/11/2007)
bullet NBC News will report a list of three that includes Hambali, who is captured in August 2003 (see August 12, 2003 and Shortly After August 12, 2003). NBC’s list also mentions KSM and Zubaida, but does not mention al-Nashiri. (Windrem 9/13/2007) In a 2007 book, former CIA Director George Tenet will hint that slightly more than three may have been waterboarded, writing, “The most aggressive interrogation techniques conducted by CIA personnel were applied to only a handful of the worst terrorists on the planet, including people who had planned the 9/11 attacks…” (Tenet 2007, pp. 242) ABC News will claim in September 2007, “It is believed that waterboarding was used on fewer than five ‘high-value’ terrorist subjects…” (Ross, Esposito, and Raddatz 9/14/2007) Prior to 2002, waterboarding was classified by the US government as a form of torture, and treated as a serious criminal offense. US soldiers were court-martialled for waterboarding captives as recently as the Vietnam War. The technique is said to simulate death by drowning. (Mayer 8/6/2007) In the 1600s, King James I of England wrote about the torture his government was using and stated that waterboarding was the most extreme form of torture used, worse than the rack and thumbscrews. (Horton 12/15/2007) In 2007, it will be revealed that at least some of the interrogations of Zubaida and al-Nashiri were videotaped, and it is suspected by some that their waterboarding may have been taped (see Spring-Late 2002). These tapes will later be destroyed under controversial circumstances (see November 2005). A government official will later claim that waterboarding is no longer used after 2003. The CIA and US military will prohibit the use of waterboarding in 2006. (Hess 12/11/2007)

Coming from Pakistan, Jose Padilla steps off the plane at Chicago’s O’Hare International Airport and is arrested by FBI agents. Padilla is carrying $10,526, a cell phone, the names and phone numbers of his al-Qaeda training camp sponsor and recruiter, and e-mail addresses of other al-Qaeda operatives. The FBI takes him to New York and holds him in federal criminal custody on the basis of a material witness warrant in connection to a grand jury investigation into the 9/11 attacks. Padilla is a Muslim convert and also goes by the name of Abdullah Al-Muhajir. (Associated Press 6/2004; Supreme Court opinion on writ of certiorari to the United States Court of Appeals for the Second Circuit. Donald Rumsfeld v. Jose Padilla 6/28/2004)

Ahmed al-Hada, an operative who ran an al-Qaeda communications hub in Yemen that was monitored by US intelligence, is said to be arrested by authorities in Yemen, though it is not known exactly when this happened. The hub was involved in the East African embassy bombings (see August 4-25, 1998), the attack on the USS Cole (see Mid-August 1998-October 2000) and 9/11 (see Early 2000-Summer 2001). His son, who helped run the hub, died while being pursued by security forces in February 2002 (see February 13, 2002). Details such as whether he is questioned by the US, whether he is charged, and the place he is being held are unknown. (Agence France Presse 5/11/2002) According to author Lawrence Wright, he will still be in custody in 2006. (Wright 2006, pp. 378) However, an undated MSNBC article apparently written around 2005 will list him as still being at large. (Windrem 5/2005)

The New York Post has a banner headline on May 16, 2002.The New York Post has a banner headline on May 16, 2002. [Source: New York Post]The Bush administration is embarrassed when the CBS Evening News reveals that President Bush had been warned about al-Qaeda domestic attacks in August 2001 (see August 6, 2001). (Sanger 5/15/2002; Eggen and Miller 5/16/2002) CBS’s David Martin reports: “The president’s daily intelligence brief is delivered to the president each morning, often by the director of central intelligence himself. In the weeks before 9/11 it warned that an attack by Osama bin Laden could involve the hijacking of a US aircraft.” (McClellan 2008, pp. 113) Bush had repeatedly said that he had “no warning” of any kind. Press secretary Ari Fleischer states unequivocally that while Bush had been warned of possible hijackings, “[t]he president did not—not—receive information about the use of airplanes as missiles by suicide bombers.” (Sanger 5/15/2002; Eggen and Miller 5/16/2002) “Until the attack took place, I think it’s fair to say that no one envisioned that as a possibility.” (Miklaszewski 9/18/2002) Fleischer claims the August memo was titled “Bin Laden Determined to Strike the US,” but the real title is soon found to end with “Strike in US” (Woodward and Eggen 5/18/2002) The Guardian will state a few days later, “[T]he memo left little doubt that the hijacked airliners were intended for use as missiles and that intended targets were to be inside the US.” It further states that, “now, as the columnist Joe Conason points out in the current edition of the New York Observer, ‘conspiracy’ begins to take over from ‘incompetence’ as a likely explanation for the failure to heed—and then inform the public about—warnings that might have averted the worst disaster in the nation’s history.” (Vulliamy 5/19/2002) Current deputy press secretary Scott McClellan will point out in 2008: “The [CBS] report left much open to question. Was it suggesting that the president had received info that should have led him to act? Was it just a possible warning sign, like many others that may have gone unheeded? Or was it something else, possibly a nonspecific bit of intelligence from years earlier?” McClellan will write that the uncertainty “mattered little to Democratic leaders in Congress. They saw an opportunity to attack the president’s strong suit—his leadership in the war on terrorism—and cut into his enormous popularity ahead of the midterm elections that coming November.” (McClellan 2008, pp. 113)

Abu Zubaida.Abu Zubaida. [Source: New York Times]The CIA begins interrogating captured al-Qaeda leader Abu Zubaida (see March 28, 2002), using some aggressive techniques that are commonly considered to be torture. Zubaida was initially interrogated by the FBI using traditional rapport-building techniques, and many believe the FBI was obtaining valuable information (see Late March through Early June, 2002). But he is being held at a secret CIA prison in Thailand (see March 2002), and soon a new CIA team comes in and takes over (see Mid-April 2002). This team, led by controversial psychologist James Elmer Mitchell, uses such extreme methods that the FBI completely withdraws its personnel (see Mid-April-May 2002), and even some CIA personnel leave in disgust (see Between Mid-April and Mid-May 2002). By mid-May, Mitchell’s detractors are gone and the gunshot wounds Zubaida sustained during his capture have stabilized, so Mitchell begins applying even more aggressive interrogation techniques. (Posner 2003, pp. 186, 191; Suskind 2006, pp. 110-115) According to one psychologist involved in Zubaida’s interrogation, Mitchell argues that Zubaida needs to be reduced to a state of “learned helplessness.” Reserve Air Force Colonel Steve Kleinman, an experienced interrogator very familiar with Mitchell, will later say that “learned helplessness was his whole paradigm.… It starts with isolation. Then they eliminate the prisoners’ ability to forecast the future—when their next meal is, when they can go to the bathroom. It creates dread and dependency. It was the KGB model. But the KGB used it to get people who had turned against the state to confess falsely. The KGB wasn’t after intelligence.” (Mayer 8/6/2007) Journalist Ron Suskind will later claim: “According to CIA sources, [Zubaida] was waterboarded, a technique in which a captive’s face is covered with a towel as water is poured atop, creating the sensation of drowning. He was beaten, though not in a way to worsen his injuries. He was repeatedly threatened, and made certain of his impending death. His medication was withheld. He was bombarded with deafening, continuous noise and harsh lights.” (Suskind 2006, pp. 115) The New York Times will later claim: “At times, Mr. Zubaida, still weak from his wounds, was stripped and placed in a cell without a bunk or blankets. He stood or lay on the bare floor, sometimes with air-conditioning adjusted so that, one official said, Mr. Zubaida seemed to turn blue. At other times, the interrogators piped in deafening blasts of music by groups like the Red Hot Chili Peppers.” (Johnston 9/10/2006) Zubaida will reportedly later tell the Red Cross that he was also kept for a prolonged period in a cage, known as a “dog box,” so small that he unable to stand. (Mayer 8/6/2007) The CIA will claim that these aggressive methods are very effective, and soon it will begin using them on many other detainees. But others will later suggest that Zubaida gave up far less valuable information under torture than he did with the FBI’s rapport-building techniques (see June 2002). The legal authority to conduct these types of interrogations is unclear. The CIA is being advised by Michael Chertoff at the Justice Department, but there will be no formal legal opinion permitting the techniques until August 2002. (Johnston 9/10/2006)

A British MI5 officer calling himself “John” visits Muslim terror suspect Binyam Mohamed while Mohamed is in Pakistani custody (see April 10-May, 2002). Mohamed has already been extensively interrogated by Americans and tortured by his Pakistani captors. John, whom later court documents show is fully aware of what has been done to Mohamed, is accompanied by another man, whom Mohamed believes is either British or American. The American interrogators have already threatened to “rendition” Mohamed “somewhere where I would be tortured far worse, like Jordan or Egypt,” he will later recall. “I was given a cup of tea and asked for one sugar. The other guy told me, ‘You’ll need more than one sugar where you’re going.’” The interrogation centers on Mohamed’s knowledge of nuclear devices that Islamist militants might have, and he is asked for more details about the “spoof” Web site he had earlier mentioned. “They asked me about the A-bomb website and I told them it was a joke,” he says. “They wanted to know everything about my life in the UK and I gave them all the information I had. Later I realized that was part of my undoing: I told them the area I lived in had 10,000 Moroccans and was known as Little Morocco. The feedback I got later from the Americans was that because the Brits told them I had lived in a Moroccan area, they thought Moroccans would be more likely to make me talk. At the same time, they thought I must know something about what Moroccans were up to in London.” It is at this time that his American and British interrogators begin threatening to send him to Morocco to be interrogated and tortured. MI5 concludes, according to its own documents later revealed in court, that Mohamed and another prisoner are both “lying to protect themselves” and “evidently holding back.” It is during this period that MI5 begins supplying the Americans with questions and information to use during interrogation (see February 24, 2009). “John told me that if I cooperated he’d tell the Americans to be more lenient with my treatment,” Mohamed will later recall. In a confidential memo written by John to his superiors, the British agent writes: “I told Mohammed [sic] that he had an opportunity to help us and help himself. The US authorities will be deciding what to do with him and this would depend to a very large degree on his cooperation—I said that I could not and would not negotiate up front, but if he persuaded me he was cooperating fully then (and only then) I would explore what could be done for him with my US colleagues.… While he appeared happy to answer any questions, he was holding back a great deal of information on who and what he knew in the UK and in Afghanistan.” In July, Mohamed will be flown to Rabat, Morocco (see July 21, 2002 -- January 2004). (Rose 3/8/2009)

The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. (CNN 5/20/2002) Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” (Miller and Haughney 5/22/2002) Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” (Locy 5/24/2002) David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). (Kurtz 5/27/2002) Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” (Curl 5/22/2002; Gray 5/23/2002) A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” (Dreyfuss 9/21/2006 pdf file) Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” (Ratnesar and Weisskopf 5/27/2002)

Defense Secretary Rumsfeld says that al-Qaeda operatives are in the US, and “they are very well-trained.” He also says that “terrorist networks have relationships with terrorist states that have weapons of mass destruction, and… they inevitably are going to get their hands on them, and they would not hesitate one minute in using them. That’s the world we live in.” (Suskind 2006, pp. 121) His comments are part of a wave of ominous warnings by the Bush administration (see May 20-24, 2002) that come just days after it is reported that President Bush was given a warning before 9/11 entitled “Bin Laden Determined to Strike in US” (see August 6, 2001).

President Bush says he is opposed to establishing a special, independent commission to probe how the government dealt with terrorism warnings before 9/11. (CBS News 5/23/2002) He will later change his stance in the face of overwhelming support for the idea (see September 20, 2002), and will then sabotage an agreement reached with Congress to establish a commission. Several years after leaving the White House, current Bush press secretary Scott McClellan will write that the president’s reluctance to open an independent investigation into the 9/11 attacks (see November 15, 2002) was part of a larger penchant for secrecy in the administration. McClellan will write: “Unfortunately, the initial response of the Bush White House to demands by partisan critics in Congress and elsewhere for an independent investigation fueled the firestorm of anger. It was an early indication that the Bush administration did not sufficiently accept the necessity for transparency in its management of the public business. The president and his senior advisers had little appetite for outside investigations. They resisted openness, and believed that investigations simply meant close scrutiny of things they would prefer to keep confidential. Not that anything they’d done had necessarily crossed a legal line; rather, some things done privately might not look so good if disclosed publicly, and might cause political embarrassment for the president.… The Bush administration lacked real accountability in large part because Bush himself did not embrace openness or government in the sunshine. His belief in secrecy and compartmentalization was activated when controversy began to stir.” (McClellan 2008, pp. 117-118)

Judge Robert G. Doumar of the US District Court for the Eastern District of Virginia in Norfolk, rules in favor of “enemy combatant” Yaser Esam Hamdi’s Federal Public Defender (FPD) and orders the government to grant the FPD access to Hamdi “because of fundamental justice provided under the Constitution.” Doumar orders that the meeting take place, unmonitored, on June 1, 2002. The government files a motion for stay pending appeal two days later, which is granted on June 4 by the Court of Appeals for the Fourth Circuit. (Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al. 6/24/2002; Jackman 1/9/2003)

Veteran AT&T technician Mark Klein (see July 7, 2009) is startled when he receives an email informing him and his colleagues that a representative from the National Security Agency (NSA) will soon arrive to conduct “some kind of business.” Klein works at the Geary Street facility in San Francisco, helping provide Internet, VoIP (voice over Internet Protocol), and data transport between the US and the Far East. Klein and his supervisor, Don Henry, soon learn that one of their colleagues, one of AT&T’s senior “field support specialists” whom Klein will only identify as “Ski,” is to be interviewed by the NSA for a security clearance. Ski is slated to begin working in an NSA-operated “secure facility” at AT&T’s Folsom Street facility in San Francisco. (PBS Frontline 5/15/2007; Klein 2009, pp. 22-25) Klein later says of the NSA visit: “That struck me as a little odd to begin with, because I remember from back in the ‘70s, the NSA is not supposed to be doing domestic spying, so what were they doing in an AT&T company office? It struck me as odd, but I didn’t know anything more about it, so I just let it lie and waited for the guy to come.” Klein will later describe the NSA representative as “closemouthed and unsmiling, and he did his business.” Klein decides that the NSA visit was a one-time affair, and he thinks no more of it for the time being. (PBS Frontline 5/15/2007)

The photo of Mohammed on the right has been flipped to better compare it.The photo of Mohammed on the right has been flipped to better compare it. [Source: FBI]Khalid Shaikh Mohammed (KSM) is publicly identified as the “mastermind” behind the 9/11 attacks. He is believed to have arranged the logistics while on the run in Germany, Pakistan, and Afghanistan. In 1996, he had been secretly indicted in the US for his role in Operation Bojinka (see January 6, 1995), and the US began offering a $2 million reward for his capture in 1998 (see January 8, 1998), which increased to $25 million in December 2001. An international warrant for his arrest was issued in November 2000 (see November 17, 2000). (Associated Press 6/4/2002; Risen 6/5/2002) According to the New York Times, “In recent months, American counterintelligence officials have identified a small group of other al-Qaeda lieutenants as the crucial figures behind the Sept. 11 attacks” aside from KSM. They include Mohammed Atef (who is already deceased), Abu Zubaida, and Ayman al-Zawahiri. (Risen 6/5/2002) There are conflicting accounts of how much US investigators knew about KSM before 9/11. He is Pakistani, although he was born and raised in Kuwait. (CBS News 6/5/2002) He is an uncle of Ramzi Yousef, the bomber of the World Trade Center in 1993. (Risen 6/5/2002) In April 2002, captured al-Qaeda leader Abu Zubaida confessed that KSM was the 9/11 mastermind (see April 2002). It is not known how much US intelligence knew about KSM’s link to the 9/11 attacks prior that, although at least some was known (see (December 2001)).

In an address to the nation, President Bush labels captured Islamist militant Abu Zubaida (see March 28, 2002) as “al-Qaeda’s chief of operations.” He says: “Among those we have captured is a man named Abu Zubaida, al-Qaeda’s chief of operations. From him, and from hundreds of others, we are learning more about how the terrorists plan and operate; information crucial in anticipating and preventing future attacks.” He warns, “[W]e now know that thousands of trained killers are plotting to attack us, and this terrible knowledge requires us to act differently.” (Bush 6/6/2002) This is, presumably, an oblique reference to the torture being inflicted on Zubaida and other detainees by CIA personnel (see April - June 2002). And by this time, senior government officials are aware that many intelligence officials believe that Zubaida’s importance and links to al-Qaeda have been overstated (see Shortly After March 28, 2002 and April 9, 2002 and After).

An al-Qaeda trainer named Abu Zubair al-Haili is captured in Morocco. A Saudi known as “the Bear” since he weighs over 300 pounds, he is said to have run training camps in Afghanistan and is believed to be head of al-Qaeda’s operations in North Africa. He is also thought to be one of al-Qaeda’s top 25 leaders. He had allegedly been working on a plot to bomb US and British naval ships in the Strait of Gibraltar between Morocco and Spain. Seven other Saudis are arrested in Morocco in connection with the plot. One US official says al-Haili has “a wealth of information,” including details about al-Qaeda cells around the world. A senior Moroccan official says he was found based on a CIA tip that allegedly came from a detainee being held at the Guantanamo prison. (CNN 6/18/2002; MSNBC 6/22/2005) What happens to him after his arrest remains unknown. ABC News soon reports that the US is in no hurry to take custody of him because the Moroccans “can use much more persuasive methods in questioning a suspect”—presumably a reference to torture. (BBC 6/19/2002) On September 9, 2002, USA Today will report that he is still being held in Morocco. (Kelly 9/9/2002) On September 15, 2002, The Independent will report that he is in US custody. (Buncombe 9/15/2002)

President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. (CNN 6/11/2002)

Jose Padilla.
Jose Padilla. [Source: Florida Department of Motor Vehicles]Attorney General John Ashcroft announces the arrest of Abdullah al-Mujahir, a.k.a. Jose Padilla. He claims that Padilla was part of an al-Qaeda plot to detonate a radioactive “dirty bomb” in a US city, and supposedly Padilla was scouting bomb targets when arrested. Padilla, a US citizen, is being held as an “enemy combatant,” allowing him to be held indefinitely. (Borger 6/11/2002; PBS 6/11/2002) But almost immediately, doubts grow about this story. The London Times says that it is “beyond dispute” that the timing of the announcement of his arrest was “politically inspired.” Padilla was actually arrested a month earlier, on May 8. (Maddox 6/13/2002) It is widely believed that Ashcroft made the arrest announcement “only to divert attention from Intelligence Committee inquiries into the FBI and CIA handling of 9/11.” (Ridgeway 6/12/2002; Sengupta and Buncombe 6/12/2002; van Wel 6/13/2002; Pincus 6/13/2003) Four days earlier, Coleen Rowley testified before Congress. The FBI whistleblower stated her belief that the attacks of Sept. 11 could have been prevented had the FBI flight-school warnings been made available to the agents investigating Zacharias Moussaoui. (Dreyfuss 9/21/2006 pdf file) Bush soon privately chastises Ashcroft for overstating claims about Padilla. (Burkeman 8/15/2002) The government attorneys apparently could not get an indictment out of a New York grand jury and, rather than let him go, made Padilla an enemy combatant. (Ridgeway 6/12/2002) It later comes out that the FBI found no evidence that he was preparing a dirty bomb attack and little evidence to suggest he had any support from al-Qaeda, or any ties to al-Qaeda cells in the US. Yet the Justice Department maintains that its view of Padilla “remains unchanged,” and that he is a “serious and continuing threat.” (Burkeman 8/15/2002) Because Padilla is a US citizen, he cannot be tried in a military court. So apparently he will simply be held indefinitely. It is pointed out that any American could be declared an enemy combatant and never tried or have that status questioned. (Epstein 6/11/2002; Washington Post 6/11/2002) The Washington Post says, “If that’s the case, nobody’s constitutional rights are safe.” (Washington Post 6/11/2002) Despite the evidence that Padilla’s case is grossly overstated, the government won’t allow him access to a lawyer (see December 4, 2002; March 11, 2003).

Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. (Jose Padilla v. George W. Bush et al. 12/4/2002 pdf file)

In a court brief in the detention case of Yaser Esam Hamdi (see December 2001), the Bush Justice Department argues against a judge’s decision that Hamdi, a US citizen, must be allowed representation by a lawyer (see June 11, 2002). Though that right is a fundamental precept of American jurisprudence, the Justice Department argues that to allow Hamdi to have access to a lawyer—indeed, to have any contact with the outside world—would interfere with his interrogation. Moreover, only the president and his officials can decide who is and who is not a terrorist, so the courts have no right to demand access to evidence and Hamdi has no need for a lawyer. “The courts may not second-guess the military’s enemy combatant determination,” the Bush lawyers argue. “Going beyond that determination would require the courts to enter an area in which they have no competence, much less institutional expertise, [and] intrude upon the constitutional prerogative of the commander in chief (and military authorities acting under his control).” The appeals court will rule in favor of the Bush administration’s argument, deny Hamdi access to a lawyer, and instruct the lower courts to be far more deferential to the president’s power as commander in chief in future cases (see July 12, 2002). (UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT 6/12/2002 pdf file; Savage 2007, pp. 152-153)

Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). (Clymer 7/14/2002) For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. (Rosenfeld 9/8/2002) Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. (Eggen 8/21/2002) In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. (Schabner 3/12/2003)

Sheikh Hamad bin Khalifa al-Thani.Sheikh Hamad bin Khalifa al-Thani. [Source: Qatar embassy]Al Jazeera reporter Yosri Fouda recently interviewed 9/11 figures Ramzi bin al-Shibh and Khalid Shaikh Mohammed (KSM), though there are conflicting accounts about whether the interview took place before or after KSM was publicly identified as the 9/11 mastermind (see April, June, or August 2002). Author Ron Suskind will later claim in the book The One Percent Doctrine that on June 14, 2002, Fouda went to his superiors at Al Jazeera’s headquarters in Qatar and told them about the interview. He speaks to Sheikh Hamad bin Thamer al-Thani, the chairman of Al Jazeera and the cousin of the emir of Qatar, and a few others. At this time, the US is intensely pressuring the Qatari government to get Al Jazeera to tone down what the US perceives as anti-American news coverage. In fact, it is widely believed in Qatar that the US deliberately bombed the Al Jazeera office in Kabul, Afghanistan, in November 2001 to send a message. Perhaps as a result of this pressure, a few days after Fouda reveals his interview, the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, tells the CIA all about it. Fouda described some of al-Qaeda’s operational plans and even had a good idea where the apartment was in Karachi, Pakistan, where the interview took place, and what floor he had been on. Suskind claims that “No one, not even Al Jazeera management, knew the emir was making the call” to the CIA. US intelligence begins an intense surveillance of Karachi in an attempt to find KSM and bin al-Shibh (see Before September 11, 2002). Mostly because of this lead, bin al-Shibh will be arrested in Karachi in September 2002, around the time when Fouda’s interview is finally aired in public (see September 11, 2002). (Suskind 2006, pp. 134-140) Interestingly, in early September 2002, it will be reported that KSM was arrested in an apartment in Karachi on June 16, 2002, which would be right about when the CIA was given this information (see June 16, 2002).

In a lengthy unclassified hearing held by the Senate Judiciary Committee, FBI officials confirm translator Sibel Edmond’s allegations that co-worker Melek Can Dickerson had either mistranslated or incorrectly marked “not pertinent” hundreds of wiretapped telephone conversations involving certain surveillance targets with whom she had become friends (see (November 2001)). They also acknowledge that she had attempted to take control over all translation assignments involving those targets (see November 2001 or December 2001). The targets worked at the American-Turkish Council (ATC), where Dickerson was an intern before taking her job at the FBI. The FBI confirms also that Dickerson had failed to disclose this information on her application (see also (Late October 2001)), but nonetheless attributes her failure to translate these wiretaps to lack of training. (Leahy and Grassley 6/19/2002; Grimaldi 6/19/2002; Waterman 1/24/2005; Rose 9/2005) One of the participants of the hearing will later tell the New York Observer that the session was tense. “None of the FBI officials’ answers washed, and they could tell we didn’t believe them.” He remembers that one of the Congressional investigators told the officials, “You basically admitted almost all that Sibel alleged, yet you say there’s no problem here. What’s wrong with this picture?” (Sheehy 1/22/2004)

Both the 9/11 Congressional Inquiry and the 9/11 Commission examine the NSA’s intercepts of various calls made by the hijackers to an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001). The 9/11 Congressional Inquiry refers to several of the calls and gives an idea of the content of some of them. But it does not mention those made by Nawaf Alhazmi and possibly other hijackers from the US after the USS Cole bombing, which are only disclosed later in the media (see Mid-October 2000-Summer 2001 and March 15, 2004 and After). However, this section of the Inquiry report is heavily redacted so most details remain unknown. It states that, although the NSA intercepted the calls and disseminated dispatches about some of them, the NSA did not realize the hijackers were in the US at the time the calls were made. (US Congress 7/24/2003, pp. xii, 11-12, 143-146, 155-157 pdf file) The 9/11 Commission Report contains a briefer section on the intercepts and deals with those which led to the surveillance of the al-Qaeda summit in Malaysia (see January 5-8, 2000). In addition, it mentions that Almihdhar called his wife from San Diego in the spring of 2000, but fails to mention that his wife lived at an al-Qaeda communications hub and that the calls were intercepted by the NSA (see Spring-Summer 2000). (9/11 Commission 7/24/2004, pp. 181, 222) The Los Angeles Times comments: “The [9/11 Congressional Inquiry] and the Sept. 11 commission that came after it referred indirectly to the calls from Yemen to San Diego. But neither report discloses what the NSA gleaned from the calls, or why they were never disclosed to the FBI.” (Meyer 12/21/2005) The publication of the 9/11 Commission report and revelations about domestic surveillance by the NSA will lead to increased media interest in and revelations about the intercepts starting from 2004 (see March 15, 2004 and After).

Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. (Lengel and Priest 8/5/2004; Waas 2/15/2007) The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).

Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). (Waas 2/15/2007)

Jose Padilla (see June 10, 2002)‘s public prosecutors file a document with the District Court for the Southern District in Lower Manhattan, which says Padilla had been declared an “enemy combatant” on grounds that “Citizens who associate themselves with the enemy and with its aid, guidance, and direction, enter this country bent on hostile acts, are enemy belligerents.” (CNN 6/27/2002)

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to Daniel J. Bryant, another OLC lawyer. Yoo concludes that the Constitution “vests full control of the military operations of the United States to the president,” and denies Congress any role in overseeing or influencing such operations. The memo is consisent with an earlier Justice Department memo (see April 8, 2002). Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). (US Department of Justice` 6/27/2002 pdf file; American Civil Liberties Union [PDF] 1/28/2009 pdf file) The memo ignores the Non-Detention Act, which states, “No citizen shall be imprisoned or otherwise detained by the United States except pursuant to an act of Congress.” (Nguyen and Weaver 4/16/2009) It will be made public in early 2009 (see March 2, 2009).

Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). (Leopold 2/22/2009)

Sheikh Ahmed Salim Swedan.Sheikh Ahmed Salim Swedan. [Source: FBI]Al-Qaeda leader Sheikh Ahmed Salim Swedan is allegedly arrested in Methadar, a slum region of Karachi, Pakistan. Swedan, a Kenyan, had been wanted for a key role in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The slum area where he is arrested is said to have been used by al-Qaeda to ship gold and al-Qaeda operatives out of Pakistan after 9/11, and thousands of dollars, fake passports, and visa stamps are found in his house. Pakistani agents are said to have been led to Swedan by satellite telephone intercepts provided by the FBI. Neighbors will later claim to have seen Swedan taken away, but both the US and Pakistani governments deny that he has been arrested. (Daily Times (Lahore) 9/9/2002; Shazed 9/11/2002) His name is not taken off an FBI wanted list years after his alleged arrest. In 2007, Amnesty International and other human rights groups will claim that he has been secretly held by the US or renditioned to another country (see June 7, 2007). In 2008, counterterrorism expert Peter Bergen will conclude based on various reports that Swedan was renditioned by the US from Pakistan in 2002. (Bergen and Tiedemann 3/3/2008) However, reports of Swedan’s capture appear to be incorrect, because later reports will say that he is killed in a CIA drone strike in Pakistan in 2009 (see January 1, 2009). If so, it is unknown who neighbors say they saw captured on this date.

The Court of Appeals for the Fourth Circuit decides in favor of the government, refusing to uphold a district court’s order (see May 29, 2002) that “enemy combatant” Yaser Esam Hamdi be allowed access to his lawyer. The appeals court argues that the district court ordered access “without adequately considering [its] implications.” It states that it “has long been established that if Hamdi is indeed an ‘enemy combatant’ who was captured during hostilities in Afghanistan, the government’s present detention of him is a lawful one.” In deference to the government, the court states that the “executive is best prepared to exercise the military judgment attending the capture of alleged combatants,” adding that the “political branches are best positioned to comprehend this global war in its full context and it is the president who has been charged to use force against those ‘nations, organizations, or persons he determines’ were responsible for the September 11 terrorist attacks.” The court asserts that the “Constitution’s commitment of the conduct of war to the political branches of American government requires the court’s respect at every step.” (Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al. 6/24/2002) The unanimous three-judge ruling is written by Judge Harvey Wilkinson IV, appointed to the bench by President Reagan in 1984 and often touted as a potential Supreme Court nominee by Bush administration officials and supporters. (Savage 2007, pp. 153)

CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). (Senate Intelligence Committee 4/22/2009 pdf file) The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

John Walker Lindh’s trial comes to a sudden and unexpected end when prosecutors and defense attorneys strike a plea agreement. Lindh agrees to plead guilty to serving the Taliban. He also admits that while serving under the Taliban he carried a gun and grenades. This adds ten years imprisonment for the use of a firearm in the commission of a felony. (Cohen 7/15/2002; Guardian 7/15/2002; Associated Press 7/15/2002; Plea Agreement. United States of America v. John Walker Lindh 7/15/2002) The nine other counts, including the charges of conspiracy to murder Americans and providing material support to terrorists, are dismissed. In return, his defense withdraws the claim that Lindh has been abused or tortured at American hands. According to the agreement, Lindh “puts to rest his claims of mistreatment by the United States military, and all claims of mistreatment are withdrawn.” (Amnesty International 10/20/2003) Defense attorney Jim Brosnahan tells journalist Seymour Hersh that “the Department of Defense insists that we state that there was ‘no deliberate’ mistreatment of John.” (Hersh 5/17/2004) And thus, in a formal statement, Lindh says, “that he was not intentionally mistreated by the US military.” (Puzzanghera 5/20/2004) Lindh’s other attorney, George Harris, tells the World Socialist Web Site, “I think that one thing that motivated the government to resolve the case was certainly their reluctance to have the evidence presented about how John Lindh was treated while he was in US military custody.” Another motive for the prosecutors to agree to a plea bargain, Harris suggests, is the expected disclosure during a public trial of the government’s own ties to the Taliban. (Andrews 10/7/2002) Harris explains that there was good reason to assume that if the trial would go in favor of Lindh, the government would declare him an “enemy combatant” and detain him indefinitely, perhaps in solitary incommunicado confinement, without charges, access to lawyers or relatives, like it had done only recently, on June 9 (see June 9, 2002), to another US citizen Jose Padilla. “It was the government’s position,” Harris says, “that even if John Lindh had been acquitted, or had been convicted and served his time, that it still would have been within the government’s power to declare him an enemy combatant and continue to detain him.” (Andrews 10/7/2002) Lindh was therefore in a no-win-situation. Even after release following his twenty-year sentence, he will not be certain of his freedom. The plea agreement says that “for the rest of the defendant’s natural life, should the Government determine that the defendant has engaged in [proscribed] conduct […] the United States may immediately invoke any right it has at that time to capture and detain the defendant as an unlawful enemy combatant.” (Plea Agreement. United States of America v. John Walker Lindh 7/15/2002)

CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). (Senate Intelligence Committee 4/22/2009 pdf file; BBC 4/23/2009) The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). (Rose 3/8/2009)

John Yoo, a lawyer with the Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The memo’s contents will remain secret, but the American Civil Liberties Union (ACLU) will learn that the memo regards the 1984 Convention Against Torture. According to the memo, the first fifteen articles of the Convention, ratified by the United States almost a decade before, “are non-self executing and place no affirmative obligations on the executive branch.” Furthermore, international law in general “lacks domestic legal effect, and in any event can be overridden by the president,” the memo states. In essence, Yoo concludes that the Convention can be ignored by the president. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). (United Nations High Commissioner for Human Rights 12/10/1984; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Nguyen and Weaver 4/16/2009)

Erich Josef Gliebe.Erich Josef Gliebe. [Source: Cleveland Scene]William Pierce, the founder of the neo-Nazi National Alliance (see 1970-1974) and the author of the inflammatory and highly influential white supremacist novel The Turner Diaries (see 1978) dies of cancer. He is replaced by Erich Josef Gliebe, a former boxer who runs Resistance Records, the Alliance-allied white power music label (see Late 1993 and Summer 1999), and publishes the label’s associated magazine, Resistance. Gliebe’s father was a member of the German Army during World War II, and Gliebe says he grew up “racially conscious.”
Plans for Alliance after His Death - Pierce dies unexpectedly, but had long cited his failing health and advancing age as causes for concern, and said the Alliance must not make the mistakes of earlier white supremacist organizations such as the American Nazi Party (which fell apart after its leader and Pierce’s mentor, George Lincoln Rockwell, was assassinated in 1967) and the Christian Nationalist Crusade (which collapsed after the death of its leader Gerald L.K. Smith). He made careful arrangements for the Alliance to continue after his death, and leaves almost all of his personal property to the organization, including 230 acres of property in West Virginia that houses the Alliance’s compound and headquarters (see 1985), along with some 60 acres belonging to Pierce’s “Cosmotheist Community Church,” which he has tried to classify as tax-exempt (see 1978).
Multi-Million Dollar Business - Under Gliebe’s leadership, the Alliance generates over $4 million a year in income, largely from the sale of white power music recordings, books, videos, and related merchandise. It broadcasts a weekly radio program, American Dissident Voices. In August 2002, the Center for New Community writes that the Alliance will likely “continue to play a strong role in the contemporary white nationalist movement, particularly by recruiting young people through its white power music distribution and merchandising.” (The organization has been particularly successful at disseminating its message during concerts by the Texas thrash-metal group Pantera, whose lead singer has worn pro-fascist shirts on stage; Alliance members hand out recruitment flyers at the shows headlined: “Remember when Heavy Metal was for Whites only? We do!”) It sells two video games, one called “Ethnic Cleansing,” where players get to exterminate minority citizens in a graphic, brutal “first-person shooter” style.
Largest Neo-Nazi Group in North America - The Alliance claims over 2,500 members and units or “proto-units” (local groups that have met membership requirements but not yet been sanctioned by national headquarters) in 43 American and five Canadian cities, making it the largest and best-organized neo-Nazi group in North America. It has more than doubled its membership since the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).
Moderating Message, Expanding Contact with Similar Groups - Pierce led the organization in “moderating” its message, abandoning the Klan robes, brown Nazi-like uniforms, camouflage attire, and coarse racial slurs that other groups often sport. Leonard Zeskind of the Institute for Research and Education on Human Rights has written: “Their only uniform will be their white skins. They will seek to establish a white nation-state, with definable economic, political, and racial borders, out of the wreckage they hope to create of the United States. And from Pierce they will have learned the arts and sciences of Aryan revolution.” Along with their white power musical concerts and rallies, Alliance members have marched with neo-Confederate groups and worked with younger, more violent “skinhead” groups. Generally, the Alliance shuns many public rallies, preferring instead to “build a revolutionary infrastructure” by training what the Center for New Community will call “dedicated cadres of activists outside the eye of the public.” It has worked closely with the more overtly violent Hammerskin Nation, both in distributing “white power” music (the “Hammerskins” distribute music through Panzerfaust Records) and coordinating public activities.
White Supremacists Praise Pierce after Death - A number of white supremacist leaders will praise Pierce in the days after his death. Former Ku Klux Klan leader David Duke says Pierce “helped people think straight about the Jewish Question and the other vital realities of race.” The overtly racist British National Party (BNP) says in a statement: “The death of Dr. Pierce has opened a huge gap in the nationalist movement in the United States. We hope for the sake of the future generations of white children for whom he felt so strongly that it will not be filled by crude inferior copies of William Pierce—the man was unique!” Dan Gentry of Christian Research praises “Pierce’s love and concern for the racial camaraderie of Celto-Saxons.” Richard Butler, the head of the neo-Nazi Aryan Nations (see Early 1970s), says, “The White Aryan race has lost a great intellectual mind and a Noble Warrior for Gods [sic] eternal truth.” And Matthew Hale, the leader of the violent separatist World Church of the Creator (see May 1996 and After), writes, “We appreciate the comradeship of many National Alliance members over the years and undoubtedly [Pierce’s] presence will be missed.” (Center for New Community 8/2002 pdf file)

The Justice Department’s Office of Legal Counsel verbally informs the CIA that Attorney General John Ashcroft has concluded that the proposed interrogation techniques being used against captured Islamist militant Abu Zubaida (see April 2002, Mid-May, 2002, and July 17, 2002) are legal. (Senate Intelligence Committee 4/22/2009 pdf file)

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” (Office of Legal Counsel 8/1/2002 pdf file; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” (Office of Legal Counsel 8/1/2002 pdf file; CNN 4/17/2009)
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
bullet Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
bullet Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
bullet Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
bullet Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
bullet Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
bullet Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
bullet Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
bullet Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
bullet Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
bullet Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” (Office of Legal Counsel 8/1/2002 pdf file; American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. (American Civil Liberties Union [PDF] 1/28/2009 pdf file; Senate Intelligence Committee 4/22/2009 pdf file)

Senator Richard Shelby.
Senator Richard Shelby. [Source: US Senate]The Washington Post reveals that FBI agents have questioned nearly all 37 senators and congresspeople making up the 9/1 Congressional Inquiry about 9/11-related information leaks. In particular, in June 2002 the media reported that the day before 9/11 the NSA intercepted the messages “The match is about to begin” and “Tomorrow is zero hour”(see September 10, 2001). The FBI has asked the members to submit to lie detector tests but most have refused. Congresspeople express “grave concern” for this historically unprecedented move. A law professor states: “Now the FBI can open dossiers on every member and staffer and develop full information on them. It creates a great chilling effect on those who would be critical of the FBI.” (Priest 8/2/2002) Senator John McCain (R-AZ) suggests that “the constitutional separation of powers is being violated in spirit if not in the letter. ‘What you have here is an organization compiling dossiers on people who are investigating the same organization. The administration bitterly complains about some leaks out of a committee, but meanwhile leaks abound about secret war plans for fighting a war against Saddam Hussein. What’s that about? There’s a bit of a contradiction here, if not a double standard.’” (Priest and Dewar 8/3/2002) Later the search for the source of the leak intensifies to unprecedented levels as the FBI asks 17 senators to turn over phone records, appointment calendars, and schedules that would reveal their possible contact with reporters. (Priest 8/24/2002) Most, if not all, turn over the records, even as some complain that the request breaches the separation of powers between the executive and legislative branches. One senator says the FBI is “trying to put a damper on our activities and I think they will be successful.” (Guggenheim 8/29/2002) In January 2004, it will be reported that the probe is focusing on Sen. Richard Shelby (R-AL). He will not be charged with any crime relating to the leak. (Priest and Lengel 1/22/2004) In November 2005, the Senate Ethics Committee will announce it has dropped a probe of Shelby, citing insufficient evidence. (Reuters 11/13/2005) Inquiry co-chair Sen. Bob Graham (D-FL) will write in a book in late 2004 that, at the time, he guessed “the leak was intended to sabotage [the inquiry’s] efforts. I am not by nature a conspiracy theorist, but the fact that we were hit with this disclosure at the moment we began to make things uncomfortable for the Bush administration has stuck with me. Over a year later, I asked [inquiry co-chair] Congressman [Porter] Goss (R-FL) whether he thought we had been set up. Nodding, he replied, ‘I often wonder that myself.’” (Graham and Nussbaum 2004, pp. 140) Author Philip Shenon will observe that this tactic of intimidation worked, as “Members of the joint committee and their staffs were frightened into silence about the investigation.” (Shenon 2008, pp. 55)

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” (Mayer 2/27/2006; Sands 5/2008)
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” (Sands 5/2008)

The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. (Drogin 8/18/2002) The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).

Although he will later come to prominence for accusing it of failing to adequately address the al-Qaeda threat before 9/11 (see March 21, 2004), in a background briefing to reporters, former counterterrorism “tsar” Richard Clarke appears to praise the Bush administration for aggressively pursuing al-Qaeda from the outset. (King and Bash 3/24/2004)
'Rapid Elimination' - During the briefing, Clarke says that when the Bush administration came into office in January 2001, it had “decided then” to “vigorously pursue the existing policy” on al-Qaeda, “including all of the lethal covert action findings.” He says that in the first week of February 2001, the administration decided in principle “to add to the existing Clinton strategy and to increase CIA resources, for example, for covert action, five-fold, to go after al-Qaeda.” He says the strategy was changed “from one of rollback with al-Qaeda over the course of five years, which it had been, to a new strategy that called for the rapid elimination of al-Qaeda.”
Response to Time Magazine - Clarke responds to a recent Time magazine article that suggested the Bush administration was unwilling to adopt suggestions made in the Clinton administration because of a general animus against its foreign policy. He says: “This is the one issue where the National Security Council leadership decided continuity was important and kept the same guy around, the same team in place. That doesn’t sound like animus against, uh, the previous team to me.” He is asked, “You’re saying that the Bush administration did not stop anything that the Clinton administration was doing while it was making these decisions, and by the end of the summer had increased money for covert action five-fold?” Clarke replies, “All of that’s correct.”
No Plan, No Delay - One reporter asks about an alleged Clinton administration plan against al-Qaeda, to which Clarke responds, “There was never a plan.” Regarding problems the Clinton administration faced in dealing with the al-Qaeda threat, a reporter asks, “And none of that really changed until we were attacked [on 9/11]?” Clarke says: “No, that’s not true. In the spring, the Bush administration changed—began to change Pakistani policy, um, by a dialogue that said we would be willing to lift sanctions.… So that’s really how it started.” He is asked, “[W]hat you’re saying is that… one, there was no plan; two, there was no delay; and that actually the first changes since October of ‘98 were made in the spring months just after the [Bush] administration came into office?” Clarke replies: “You got it. That’s right.” (Fox News 3/24/2004)
Comments Published - In March 2004, the White House will violate a long-standing confidentiality policy by authorizing Fox News to publish these comments that Clarke has made off the record (see March 24, 2004). (Montopoli 3/25/2004; Dean 4/9/2004)
Clarke's Explanation - Around that time, when Clarke appears before the 9/11 Commission (see March 24, 2004), Commissioner James Thompson will ask him about the apparent discrepancies between his comments during this briefing and the criticisms he makes of the Bush administration in his book Against All Enemies. Clarke will explain that his briefing was in the context of Time magazine’s critical story. He will say, “So I was asked by several people in senior levels of the Bush White House to do a press backgrounder to try to explain that set of facts in a way that minimized criticism of the administration.” He will add, “I was asked to highlight the positive aspects of what the administration had done, and to minimize the negative aspects of what the administration had done.” (9/11 Commission 3/24/2004) Former Nixon White House counsel John Dean will defend Clarke, writing, “The truth is that the background briefing simply does not conflict with anything Clarke says openly, if more bluntly, in his book.” (Dean 4/9/2004)
Previous Briefing for 9/11 Congressional Inquiry - Two months before this, Clarke had briefed the 9/11 Congressional Inquiry on the Bush administration’s counterterrorism record and had been largely uncritical of its policies (see June 11, 2002).

Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” (Fox News 8/28/2002; Washington Post 9/1/2002; Isikoff and Hosenball 6/9/2004)

The NSA’s enormous data mining program, Novel Intelligence from Massive Data (NIMD—see After September 11, 2001), closely resembles another data mining program, the Defense Department’s Total Information Awareness program (see March 2002). TIA, which will be suspended in 2003 after outcries from citizens and legal experts concerned over that program’s refusal to comply with fundamental Constitutional guarantees of privacy, was also designed as an early-warning system that not only compiled intelligence data, but mined through private financial databases for credit-card and other financial transactions. Six of the corporations and research institutions who win NIMD contracts also held contracts for the earlier TIA project. Much of their work with TIA duplicated the same aspects and protocols to be used by NIMD, including challenging analytic assumptions and building prototype data-mining devices. Both TIA and NIMD attempt to second-guess human analysts’ conclusions over a particular data schema by creating a database of what TIA creator John Poindexter once called “plausible futures,” or likely terrorism scenarios. NIMD is a creation of the Advanced Research and Development Activity agency (ARDA); another ARDA project, the Advanced Capabilities for Intelligence Analysis (ACIA) also envisions a similar database (see 2005). Though TIA focused more on counterterrorism than the more sweeping NIMD, the two projects coordinated closely with one another, according to former program manager Tom Armour, who worked in Poindexter’s office.
NIMD Survives In Other Agencies - Congress will eliminate funding for TIA and other Poindexter projects, but many of those projects, and related projects such as NIMD, do not disappear. Many are instead transferred to intelligence agencies such as the NSA. Although information about these projects is strictly classified, a former Army intelligence analyst familiar with the programs will confirm in 2006 that large elements of TIA were transferred to other agencies, where they will continue to be researched and implemented. It is highly likely that NIMD is an offshoot and outgrowth of TIA. Armour will say the two programs are specifically designed to analyze large amounts of phone and e-mail traffic: “That’s, in fact, what the interest is.” (Harris 1/20/2006)
Government 'Shell Game' - Steven Aftergood of the Federation of American Scientists says in 2004, “The whole congressional action looks like a shell game. There may be enough of a difference for them to claim TIA was terminated while for all practical purposes the identical work is continuing.” (Associated Press 2/23/2004) Aftergood will note that NIMD has thrived in the shadows where TIA died of exposure: “Pursued with a minimal public profile and lacking a polarizing figure like Admiral Poindexter to galvanize opposition, NIMD has proceeded quietly even as TIA imploded.” (Lowe 9/26/2003)

Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” (Unger 2007, pp. 249-250)

Abdulaziz Alomari filmed speaking in Afghanistan in early 2001. He stands in front of a large map of the world.Abdulaziz Alomari filmed speaking in Afghanistan in early 2001. He stands in front of a large map of the world. [Source: Spiegel TV]Details of an Al Jazeera interview with al-Qaeda leaders Khalid Shaikh Mohammed (KSM) and Ramzi bin al-Shibh (see April, June, or August 2002) are widely publicized starting on September 8, 2002. (Fielding 9/8/2002; Fouda 9/9/2002; Tremlett 9/9/2002) But there are numerous doubts about this interview, since there is no video footage and only audio footage from bin al-Shibh. It has further been suggested that the broadcast of bin al-Shibh’s voice in the interview helps in his arrest (see September 11, 2002). (Burke 9/15/2002; CBS News 10/9/2002) Bin al-Shibh’s voice is first broadcast on September 9, 2002, as part of uncredited narration on another documentary released that day (see September 9, 2002). His voice is only publicly identified as his on the morning of September 11, 2002, just hours before bin al-Shibh is said to be arrested. (Fouda and Fielding 2003, pp. 159) Al Jazeera also broadcasts footage of hijacker Abdulaziz Alomari speaking against the US filmed in Afghanistan in early 2001 (see September 9, 2002) and other footage of some other hijackers (see September 9, 2002). (Drummond 9/11/2002)

Nicolo Pollari, chief of SISMI, Italy’s military intelligence service, meets briefly with US National Security Council officials. (Rocca 10/28/2005) Present at the meeting are National Security Adviser Condoleezza Rice; her deputy, Stephen Hadley; and other US and Italian officials. (Bonini and d'Avanzo 10/25/2005; Rozen 10/25/2005; Bonini and d'Avanzo 10/26/2005; Wilkinson 10/28/2005; AGI online 10/29/2005)
Mysterious 'Courtesy Call' - Pollari can presumably set the record straight on the question of whether Iraq is trying to purchase aluminum tubes for manufacturing rockets or for use in building muclear weapons (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003)—the aluminum tubes in question are exactly the same as the Italians use in their Medusa air-to-ground missile systems (see December 2002). Apparently Iraq is trying to reproduce “obsolete” missile systems dating back to when Italy and Iraq engaged in military trade. Pollari could also discuss the documents alleging that Iraq and Niger entered into a secret uranium deal (see Between Late 2000 and September 11, 2001), a set of documents originally promulgated by SISMI and now thoroughly discredited (see February 5, 2003). But apparently Pollari discusses none of this with White House officials. Hadley, who hosts the meeting with Pollari, will refuse to say what they discuss, except to label Pollari’s visit “just a courtesy call,” and will add, “Nobody participating in that meeting or asked about that meeting has any recollection of a discussion of natural uranium, or any recollection of any documents passed.”
Meeting with Hadley, Not Tenet, Significant - Author Craig Unger will write in 2007 that the real significance of the meeting is that Pollari meets with Hadley (widely considered an ally of Vice President Dick Cheney), and not with Pollari’s counterpart, CIA Director George Tenet. Former CIA officer Philip Giraldi later says, “It is completely out of protocol for the head of a foreign intelligence service to circumvent the CIA. It is uniquely unusual.” Of the Iraq-Niger documents, Giraldi will say, “In spite of lots of people having seen the documents, and having said they were not right, they went around them.” Former CIA and State Department analyst Melvin Goodman will concur. “To me there is no benign interpretation of” the Pollari-Hadley meeting, Goodman will say. “At the highest level it was known that the documents were forgeries. Stephen Hadley knew it. Condi Rice [Hadley’s supervisor] knew it. Everyone at the highest level knew.” Neoconservative columnist, author, and former Italian intelligence asset Michael Ledeen, who has close ties with both Pollari and Hadley and may have played a part in producing the Iraq-Niger forgeries (see December 9, 2001). will deny setting up the meeting. And a former CIA official speaking on Tenet’s behalf will say that Tenet has no information to suggest that Pollari or elements of SISMI were trying to circumvent the CIA and go directly to the White House. (Unger 2007, pp. 258-259) (In 2006, history professor Gary Leupp will write that Ledeen is the informal liaison between SISMI and the Office of Special Plans—see September 2002). (Leupp 11/9/2005)
Downplaying Significance of Meeting - The Bush administration later insists the meeting was of little importance. Frederick Jones, a National Security Council spokesman, describes the meeting as a courtesy call of 15 minutes or less. He also says, “No one present at that meeting has any recollection of yellowcake [uranium oxide] being discussed or documents being provided.” (Jehl 10/28/2005)
Meeting Remains Secret until 2005 - This meeting is not reported until 2005, when Italy’s La Repubblica reports that a meeting—arranged through a backchannel by Gianni Castellaneta, the Italian prime minister’s diplomatic advisor—took place between Pollari and Hadley on this date. The report is refuted by Italy which insists it was actually a short meeting between Pollari and Rice. Italy says that although Hadley was present, he was really not part of the meeting. (AGI online 10/29/2005) It is not clear from the reporting, however, if the meeting acknowledged by Italy and Washington, is in fact the same meeting reported by La Repubblica.

Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam).Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam). [Source: FBI]The New York Times reports that 10 out of the 24 al-Qaeda leaders considered most important by the CIA before 9/11 have been killed or captured. (Risen and Filkins 9/10/2002) The four most important figures considered still at large are:
bullet Osama bin Laden (Saudi). He will be killed in 2011 (see May 2, 2011).
bullet Ayman al-Zawahiri (Egyptian).
bullet Khalid Shaikh Mohammed (Kuwaiti/Pakistani). He will be captured in 2003 (see February 29 or March 1, 2003).
bullet Saif al-Adel (Egyptian).
Other figures considered still at large are:
bullet Abdullah Ahmed Abdullah (Egyptian).
bullet Mustafa Muhammad Fadhil (Egyptian).
bullet Mushin Musa Matwalli Atwah (Egyptian). He will be killed in 2006 (see April 12, 2006).
bullet Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam) (Kenyan). He will be killed in 2009 (see January 1, 2009).
bullet Fazul Abdullah Mohammed (a.k.a. Haroun Fazul) (Comoros Islander). He will be killed in 2011 (see June 10, 2011).
bullet Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian) (Mauritanian).
bullet Amin ul-Haq (Afghan).
bullet Midhat Mursi (Egyptian). He will be killed in 2008 (see July 28, 2008).
bullet Anas al-Liby (Libyan). He may have been secretly captured already (see January 20, 2002- March 20, 2002).
bullet Suliman abu Ghaith (Kuwaiti).
bullet Saad bin Laden (Saudi). He apparently will be killed in 2009 (see July 22, 2009).
bullet Mustafa Ahmed al-Hawsawi (Saudi). He will be captured in 2003 (see February 29 or March 1, 2003). (New York Times 9/10/2002)
The four leaders captured are:
bullet Abu Zubaida (Palestinian) (see March 28, 2002).
bullet Abdul Rahim al-Sharqawi (Yemeni) (see Late 2001 and February 7, 2002).
bullet Ibn al-Shaykh al-Libi (Libyan) (see December 19, 2001).
bullet Abu Zubair al-Haili (Saudi) (see June 8, 2002 and After). (New York Times 9/10/2002)
Five of the six leaders believed killed are:
bullet Mohammed Atef (Egyptian) (see November 15, 2001).
bullet Abu Jaffa (a.k.a. Abu Jafar al-Jaziri) (Algerian).
bullet Abu Salah al-Yemeni (Yemeni).
bullet Tariq Anwar al-Sayyid Ahmad (Egyptian).
bullet Muhammad Salah (a.k.a. Nasr Fahmi Nasr Hasanayn) (Egyptian). (New York Times 9/10/2002)
The sixth leader believed killed is not named. One year after 9/11, US intelligence identifies 20 current high-ranking al-Qaeda leaders, though it is not mentioned who the six new leaders are who replaced some of the killed or captured leaders. (Risen and Filkins 9/10/2002) This list of leaders, while instructive, is curiously incomplete because it fails to mention al-Qaeda leaders known as important to US intelligence before 9/11, such as Hambali, Khallad bin Attash, Abd al-Rahim al-Nashiri, Thirwat Salah Shehata, Mustafa Abu al-Yazid, Ahmed Khalfan Ghailani, and Mohammed Jamal Khalifa.

Ramzi bin al-Shibh arrested in Pakistan.Ramzi bin al-Shibh arrested in Pakistan. [Source: Associated Press]Would-be hijacker Ramzi bin al-Shibh is arrested after a huge gunfight in Karachi, Pakistan, involving thousands of police. (Burke 9/15/2002) He is considered “a high-ranking operative for al-Qaeda and one of the few people still alive who know the inside details of the 9/11 plot.” (Risen 9/13/2002) Khalid Shaikh Mohammed (KSM) called bin al-Shibh “the coordinator of the Holy Tuesday [9/11] operation” in an interview aired days before. Captured with him in safe house raids on the same day or the day before are approximately nine associates (see September 10-11, 2002), as well as numerous computers, phones, and other evidence. (Risen 9/13/2002; Elliott 9/15/2002) There are conflicting claims that either Mohammed is killed in the raid (Shahzad 10/30/2002; Daily Telegraph 3/4/2003; Shahzad 3/6/2003) ; shot while escaping (Australian Broadcasting Corporation 3/2/2003) ; someone who looks like him is killed, leading to initial misidentification (McGirk 1/20/2003) ; someone matching his general appearance is captured (Associated Press 9/16/2002) ; or that he narrowly escapes capture but his young children are captured. (McDermott, Meyer, and McDonnell 12/22/2002)

Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.)Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). (Windrem 9/13/2007)
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).

CBS reports that in the days after the arrest of Ramzi bin al-Shibh (see September 11, 2002) and four other al-Qaeda operatives in Pakistan on September 11, 2002 (see September 10-11, 2002), “a search of the home of the five al-Qaeda suspects turned up passports belonging to members of the family of Osama bin Laden.” No more details, such as which family members, or why bin al-Shibh’s group had these passports, is given. (CBS News 9/17/2002)

President Bush hosts a dinner meeting with a group of Republican governors at the White House. As deputy press secretary Scott McClellan will later recall, because the meeting is private—no press is allowed—Bush is “conspicuously candid with his former colleagues, now trusted friends and political allies.… Bush’s forthrightness about his thinking and approach on Iraq [is] revealing.” Bush boasts of the recent capture of Ramzi bin al-Shibh (see September 11, 2002) and says of Osama bin Laden, “[W]e don’t know where he is, but he has been diminished.” He then turns to Iraq: “It is important to know that Iraq is an extension of the war on terror,” he says. “In the international debate, we are starting to shift the burden of guilt to the guilty. The international community is risk averse. But I assure you I am going to stay plenty tough.” He repeats his belief that if the international community brings enough pressure to bear, the Iraqi people will take matters into their own hands: “I believe regime change can occur if we have strong, robust inspections. Saddam Hussein is a guy who is likely to have his head show up on a platter” if enough outside pressure is brought to bear. Of Hussein, Bush says: “He is a hateful, ugly, repugnant man who needs to go. He is also paranoid. This is a guy who killed his own security guards recently. I would like to see him gone peacefully. But if I unleash the military, I promise you it will be swift and decisive.” He then tells the governors how to handle questions from possible critics: “Don’t fall into the argument that there is no one to replace Saddam Hussein.… And our planning will make sure there is no oil disruption; we are looking at options to enhance oil flow.” To sum up, Bush says: “Military force is my last option, but it may be the only choice.… I’m gonna make a prediction. Write this down. Afghanistan and Iraq will lead that part of the world to democracy. They are going to be the catalyst to change the Middle East and the world.” In the questioning period, Bush tells the governors that while he intends to invade Iraq sooner rather than later, he is aware that the political timing of the decision is important, with the midterm elections approaching. He reiterates: “[I]f we have to go [into Iraq], we will be tough and swift and it will be violent so troops can move very quickly.… If we go, we will use the full force and the might of the US military (see February 25, 2003).… I believe in the power of freedom.” After the meeting, Governor John Rowland (R-CT), the chairman of the Republican Governors Association, calls the meeting a “heart to heart” on Iraq. But, McClellan will later reflect, “it was also a frank strategy powwow between the leader of a campaign and some important members of his team—a collection of local politicians who could play a crucial role in helping to generate popular support for the decision to invade.” (McClellan 2008, pp. 139-141)

US News and World Report reveals that US intelligence has a growing number of al-Qaeda informants. The magazine comments, “Once thought nearly impossible to penetrate, al-Qaeda is proving no tougher a target than the KGB or the Mafia—closed societies that took the US government years to get inside.” An unnamed US intelligence official says: “We’re getting names, the different camps they trained at, the hierarchy, the infighting. It’s very promising.” Many prisoners have begun to reveal what they know as knowledge of al-Qaeda increases and their interrogations are based on more information about them. One official says, “Now when you go to interrogate people, you know when they’re lying.” (Kaplan 9/22/2002)

British Prime Minister Tony Blair gives a speech to Parliament concurrent with the just-released dossier on Iraqi WMD (see September 24, 2002). Blair combines fact—such as Iraq’s lengthy defiance and deception of UN weapons inspections since the 1991 Gulf War, the possible existence of tons of chemical and biological weapons material left unaccounted for in 1998, and the attempts by Iraq to subvert the UN’s Food for Oil program—with speculation that Saddam Hussein’s “chemical, biological, and nuclear weapons program is not an historic leftover from 1998.… His WMD program is active, detailed, and growing. The policy of containment is not working. The WMD program is not shut down. It is up and running.”
Unverified Claims - Blair calls the dossier “extensive, detailed, and authoritative,” and says that according to intelligence data used to compile it: “Iraq has chemical and biological weapons.… Saddam has continued to produce them… he has existing and active military plans for the use of chemical and biological weapons, which could be activated within 45 minutes, including against his own Shi’a population, and … he is actively trying to acquire nuclear weapons capability.” Only the “45-minute” strike capability is not sourced from the dossier (see September 28, 2002). Blair makes a number of patently false allegations about Iraq’s nuclear weapons, including the disputed aluminum tubes claim (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003) and the tale about Iraq attempting to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). “[W]e know Saddam has been trying to buy significant quantities of uranium from Africa, though we do not know whether he has been successful,” Blair says. He tells the assembled lawmakers: “There will be some who dismiss all this. Intelligence is not always right. For some of this material there may be innocent explanations. There will be others who say, rightly, that, for example, on present going, it could be several years before he acquires a usable nuclear weapon. Though, if he were able to purchase fissile materiel illegally, it would only be a year or two. But let me put it at its simplest: on this 11-year history; with this man, Saddam; with this accumulated, detailed intelligence available; with what we know and what we can reasonably speculate: would the world be wise to leave the present situation undisturbed; to say, despite 14 separate UN demands on this issue, all of which Saddam is in breach of, we should do nothing; to conclude that we should trust not to the good faith of the UN weapons inspectors but to the good faith of the current Iraqi regime?”
Regime Change - After all of this buildup, Blair says that he is not necessarily calling for military action against Iraq, but “the case for ensuring Iraqi disarmament… is overwhelming.” He then makes the case for regime change, citing the need for a new leader “who can bring Iraq back into the international community where it belongs, not languishing as a pariah. Someone who can make the country rich and successful, not impoverished by Saddam’s personal greed. Someone who can lead a government more representative of the country as a whole, while maintaining absolutely Iraq’s territorial integrity. We have no quarrel with the Iraqi people. Liberated from Saddam, they could make Iraq prosperous and a force for good in the Middle East. So the ending of regime would be the cause of regret for no one other than Saddam.” Blair says, “our purpose is disarmament,” not military action, but it is hard to conceive how the regime change he advocates could be effected without military action. (Blair 9/24/2002) Two years later, Blair will admit that the claim is erroneous (see October 13, 2004).

Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. (Sands 5/2008)

Maher Arar.Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. (Priest 11/19/2003) Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. (Priest 11/20/2003) In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” (Amnesty International 8/19/2003; Arar 11/6/2003; CBS News 1/22/2004; Priest and Stephens 5/11/2004; CBC News 11/26/2004; Maher Arar 1/15/2005)

The CIA distributes a classified report on the aluminum tubes (see July 2001) concluding that Iraq probably intended to use the tubes as rotors in gas centrifuges. The report, titled “Iraq ‘s Hunt for Aluminum Tubes: Evidence of a Renewed Uranium Enrichment Program,” is the most detailed to date and will serve as the basis for the draft text of the majority position on the aluminum tubes in the October 2002 National Intelligence Estimate on Iraq (see October 1, 2002). It summarizes Iraq’s “efforts to hide the tube procurement attempts, the materials, high cost, tight tolerances, dimensions and the anodized coating of the tubes, and CIA’s assessment that the tubes ‘matched’ known centrifuge rotor dimensions,” according to a later Senate Intelligence report The CIA assessment also states that the US Army’s National Ground Intelligence Center (NGIC) does not believe it is likely that the tubes were intended for a conventional rocket program. (US Congress 7/7/2004; Barstow, Broad, and Gerth 10/3/2004) The two analysts responsible for the NGIC opinion, George Norris and Robert Campos, will receive job performance awards in 2002, 2003, and 2004 even though, according to a later investigation headed by former Senator Charles Robb (D-Va.) and Judge Laurence H. Silberman, their analysis “was clearly mistaken and should have been recognized as such at the time.” (The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission') 3/31/2005; Pincus 5/28/2005) The CIA report also acknowledges that “some in the intelligence community” have argued that the tubes were likely intended to be used in the production of conventional rockets, not gas centrifuges. (Barstow, Broad, and Gerth 10/3/2004)

High-ranking al-Qaeda leader Abd al-Rahim al-Nashiri is captured in the United Arab Emirates (UAE). Al-Nashiri is believed to have played a role in the 1998 African embassy bombings (see 10:35-10:39 a.m., August 7, 1998), attended a 9/11 planning summit in Malaysia in 2000 (see January 5-8, 2000), was one of the masterminds of the 2000 USS Cole bombing (see October 12, 2000), and planned the 2002 bombing of the French oil tanker Limburg (see October 6, 2002). Said to be chief of al-Qaeda’s operations in the Persian Gulf region, he is taking flight lessons in the remote UAE region of Umm Al-Qaiwain when he is arrested by local authorities and then turned over to the CIA. An unknown number of other al-Qaeda suspects are arrested with him, but apparently they are considered less important and are not handed to the CIA as well. Most reports indicate he is arrested on November 8, 2002, about two weeks before the first media leaks about his arrest. (Tyler 12/23/2002) However, US News and World Report will later claim that he was arrested even earlier, early in October 2002. “Al-Nashiri soon broke; he even let officials listen in as he called his associates.” This leads to intelligence on Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, and the US assassinates him with a missile strike on November 3, 2002, after trailing him for about two weeks (see November 3, 2002). (Kaplan et al. 6/2/2003) Al-Nashiri will remain in secret CIA prisons until 2006 and then will be transfered to the Guantanamo Bay prison (see September 2-3, 2006).

The CIA releases a 25-page declassified version of its October 1 National Intelligence Estimate on Iraq (see October 1, 2002) and posts it on the agency’s website for public viewing. (Pincus 6/22/2003; Burrough et al. 5/2004, pp. 281) The document, titled “Iraq’s Weapons of Mass Destruction Programs,” presents a very different assessment of the threat posed by Iraq than the original document. Printed on slick glossy magazine-style paper, and full of colorful maps, graphs, tables, and photos, the document contains few of the caveats and nuances that are in the classified version. Nor does it include the dissenting opinions of the Energy Department’s in-house intelligence agency, the State Department’s Bureau of Intelligence and Research, or the Air Force’s National Air and Space Intelligence Center. (Central Intelligence Agency 10/4/2002 pdf file; Pincus and Priest 2/7/2003; Landay 2/10/2004) Paul Pillar, the principal author of the paper, will later admit, “In retrospect, we shouldn’t have done that white paper at all.” Instead of intelligence analysis, the “paper was policy advocacy,” he admits. (Isikoff and Corn 2006, pp. 138-139)

Preparing for a major speech by President Bush on Iraq (see October 7, 2002), the National Security Council has sent the sixth draft of the speech to the CIA for vetting. It includes a line saying that Iraq “has been caught attempting to purchase up to 500 metric tons of uranium oxide from Africa—an essential ingredient in the enrichment process.” It is essentially the same language turned down by the CIA for an earlier speech (see September 11, 2002). In response, the CIA’s associate deputy director for intelligence [ADDI] sends a four-page memo to Bush administration officials, including Bush’s Deputy National Security Adviser, Stephen J. Hadley, and the chief speechwriter, Michael Gerson, expressing doubt over claims that Iraq had attempted to obtain uranium from Niger. On page three of the memo, the ADDI advises removing the allegation from the draft of Bush’s upcoming speech in Cincinnati. “[R]emove the sentence because the amount is in dispute and it is debatable whether it can be acquired from the source. We told Congress that the Brits have exaggerated this issue (see September 24, 2002). Finally, the Iraqis already have 550 metric tons of uranium oxide in their inventory.” (Milbank and Pincus 7/23/2003; Unger 2007, pp. 261-262) Despite the warning, the White House refuses to make substantial changes. Draft seven of the speech, completed later in the day (see October 6, 2002), contains the passage, “[T]he regime has been caught attempting to purchase substantial amounts of uranium oxide from sources in Africa.” (US Congress 7/7/2004) Hadley will later claim in July 2003 that he did not brief his boss, Condoleezza Rice, on the memo. (Milbank and Allen 7/27/2003)

The Limburg after the attack.The Limburg after the attack. [Source: NAVSEA]Al-Qaeda conducts a suicide bombing against a French oil tanker, the Limburg. The attack takes places in the Gulf of Aden off the coast of Yemen. One crew member is killed and over 90,000 barrels of oil leak into the sea. The attack is similar to the one on the USS Cole almost two years before (see October 12, 2000) and is planned by one of the same people, Abd al-Rahim al-Nashiri. (BBC 10/16/2002; 9/11 Commission 7/24/2004, pp. 153)

FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. (CBC News 1/20/2009; Edwards 1/20/2009) Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).

At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” (Priest 11/19/2003) On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. (Brown 11/12/2003; Priest and Stephens 5/11/2004) “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. (CBC News 11/26/2004)

Italian Panorama journalist Elisabetta Burba goes to the US Embassy in Rome and gives US officials copies of the Niger uranium documents (see March 2000) that she had obtained two days before (see Afternoon October 7, 2002). (Agence France-Presse 7/19/2003; Agence France-Presse 7/19/2003; Priest 7/20/2003; Associated Press 7/20/2003; Agence France-Presse 9/19/2003; Hersh 10/27/2003) Up till now, the embassy had only received reports of the documents. (Unger 2007, pp. 261) It is likely that the so-called “Italian Letter,” a letter purporting to be from the president of Niger to Iraq’s Saddam Hussein confirming the Iraq-Niger uranium deal, is not in the bundle of documents Burba brings to the embassy. (ERiposte 3/6/2006) Burba meets with the embassy’s press spokesman, Ian Kelly. Over coffee, she tells him that she has documents purporting to show that Iraq has signed a deal to buy uranium from Niger, and she needs his help to confirm their authenticity and accuracy. Kelly brings three others into the discussion—a political officer, one of his own staffers, and perhaps a US military official, as Burba will later recall—and moves the entire group into his office. The subsequent discussion is brief; Burba hands over the documents. Kelly tells her the embassy will look into the matter. The CIA station chief, Jeff Castelli, refuses to meet with Burba. (Eisner 4/3/2007) Castelli is told about Burba’s visit, but is not interested. As the CIA’s head of European operations, Tyler Drumheller, will later recall, Castelli says, “This is bullsh_t we don’t have time to waste on.” Castelli receives a copy of the documents but quickly forgets about them. According to Drumheller, Castelli is “not the most organized guy in the world. And his view was, ‘This is the least important thing that’s coming across my desk now.’ He just made a mistake.” (Isikoff and Corn 2006, pp. 148; CBS News 4/23/2006) Several newspapers cite sources (mostly unnamed, so it’s possible they are all relying on the same sources) that appear to support Drumheller’s account. (New York Times 3/23/2003; Priest 7/20/2003; Hersh 10/27/2003) For example, an unnamed senior CIA official will tell Knut Royce of Newsday in July of 2003 that the CIA “had serious questions about [the claims] from day one” (see July 21, 2003). The agency “had accounts (see October 15, 2001, February 5, 2002, and March 25, 2002) of them [the letters] and that was close enough. We didn’t take it that seriously to begin with.… We didn’t put a lot of stock in these reports from Niger. We didn’t rush around to get the actual documents.” (Royce 7/11/2003) The documents are faxed to the State Department on October 15 (see October 15, 2002), and its intelligence unit will quickly conclude that the papers are probably fakes. (Priest 7/20/2003; Isikoff and Corn 2006, pp. 148; Unger 2007, pp. 261)

A day after his arrival at the “Palestinian Branch” prison in Syria (see October 9, 2002), Maher Arar’s captors begin torturing him. He will later claim, “The beating started… and was very intense for a week, and then less intense for another week. That second and the third days were the worst. I could hear other prisoners being tortured, and screaming and screaming. Interrogations are carried out in different rooms.” Only on this day, two days after his removal, is Canada officially informed of Arar’s deportation from the US. (CBC News 11/26/2004) A few days later, Arar’s wife, Monia Mazigh, relays her concerns about his fate. “I don’t know even if he’s dead, alive, tortured, punished, anything,” she says. (CBC News 10/16/2002) The next two days, his torturers use a two-inch thick black electrical cable to beat him all over his body, but mostly on his hands and wrists. They also threaten him with “the chair,” electric shocks and, while constrained inside a tire, with beatings on the sole of his feet. Another tactic is to scare him by putting him in a waiting room where he is forced to listen to the screams of other prisoners being tortured. On the third day, the interrogation round lasts about 18 hours. “They kept beating me so I had to falsely confess and told them I did go to Afghanistan. I was ready to confess to anything if it would stop the torture. They wanted me to say I went to a training camp. I was so scared I urinated on myself twice. The beating was less severe each of the following days. At the end of each day, they would always say, ‘Tomorrow will be harder for you.’ So each night, I could not sleep—I did not sleep for the first four days, and slept no more than two hours a day for about two months.” Interrogations and torture end around October 20, three days before Arar receives a visit from the Canadian consulate. With the colonel and three other Syrian officials present, Arar does not dare talk about his experiences. After the visit, he is required to sign a document, the contents of which are unknown to him, and on another document he is forced to write that he has been to Afghanistan. All in all, Arar receives seven consular visits and one from members of the Canadian parliament. He is never in the position, however, to tell his visitors about the torture and his grave-like cell. For six months he does not see any sunlight, except for during the interrogations and visits. He loses 40 pounds. “I had moments I wanted to kill myself. I was like a dead person.” (Brown 11/12/2003)

The Office of Legal Counsel (OLC)‘s John Yoo sends a classified memo to Attorney General John Ashcroft. The contents of the memo remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo’s subject is the legality of certain communications intelligence activities. (American Civil Liberties Union [PDF] 1/28/2009 pdf file)

An explosion lights up the sky on the island of Bali, Indonesia.An explosion lights up the sky on the island of Bali, Indonesia. [Source: Agence France-Presse]A car bomb detonates in front of a discotheque at Kuta Beach, on the Indonesian resort island of Bali, starting a fire that rages through a dozen buildings. A backpack-mounted device carried by a suicide bomber explodes in another Kuta Beach discotheque. 202 people are killed and 209 are injured. Eighty-eight of those killed are Australian, while most of the rest are Indonesian. A much smaller device explodes outside the US consulate in nearby Denpasar, causing only minor damage and no casualties. No group claims responsibility, but Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia, is believed to be behind the bombings. (Bonner 10/13/2002; Mydans 10/14/2002; BBC 2/19/2003) Hambali, a key leader in both al-Qaeda and JI, is said to have been involved. He will be arrested in 2003 and taken into US custody (see August 12, 2003). (Simpson 12/7/2003) Three alleged JI operatives, Ali Gufron (a.k.a. Mukhlas), Imam Samudra, and Amrozi bin Nurhasyim, will be arrested in Indonesia and sentenced to death in 2003 for their roles in the Bali bombings. Ali Imron, brother to both Gufron and Amrozi, will be sentenced to life in prison. (Perlez 9/19/2003; Perlez 10/3/2003) JI operatives Dulmatin, Azhari Husin, and Noordin Mohammed Top also are said to have major roles in the bombings. Husin will be killed in a police shootout in 2005, while Dulmatin and Top remain at large (see October 6, 2005 and After). It will later turn out that the US was given a “stunningly explicit and specific” advanced warning that Hambali and JI were planning to attack nightclubs in Bali (see August 21, 2002).

Former ambassador Joseph Wilson, having broken his decade-long silence on Middle Eastern affairs just months before (see May 2002), pens an op-ed for the San Jose Mercury News titled “How Saddam Thinks.” Wilson warns of a “bloody American invasion and long occupation of Iraq” if President Bush follows up on his threats of “regime change,” with the United Nations failing to derail the US push for war with forceful weapons inspections.
Crucial Lessons of Desert Shield/Desert Storm - “Both the US and UN approaches are dangerously flawed,” he warns. “They ignore crucial lessons we learned in the Persian Gulf War about how Saddam thinks.” If Bush does go to war, Wilson writes, “Saddam [Hussein] will use every weapon in his arsenal to defend himself,” which may well include chemical and biological weapons. “But,” he continues, “history also shows that the less-confrontational approach favored by some on the Security Council—France and Russia—isn’t likely to work, either. Saddam has, after all, repeatedly flouted UN resolutions and ignored its demands to let weapons inspectors back into the country for almost four years.” Wilson recalls listening to Hussein gloat over the prospect of slaughtering American soldiers during Desert Shield (see August 6, 1990), and the difficulties Wilson and his fellow diplomats encountered in persuading Hussein to release hundreds of foreign hostages intended for use as “human shields” (see August 8, 1990).
Hussein a 'Malignant Narcissist' - Wilson writes that “[w]e learned firsthand… what the CIA psychiatrists have said for years: Saddam is an egomaniacal sociopath whose penchant for high-risk gambles is exceeded only by a propensity for miscalculation. Those psychiatrists, who study the characters of world leaders, believe that he suffers from what is popularly called ‘malignant narcissism,’ a sense of self-worth that drives him to act in ways that others would deem irrational, such as invading neighboring countries. But the trait also makes him highly sensitive to direct confrontation and embarrassment, even as he is contemptuous of compromise.”
Confrontation without War - Wilson found that a confrontational, “in your face” approach worked the best in getting the desired results from Hussein (see August 8-9, 1990). Wilson recommends revisiting the techniques that worked during the 1991 Gulf War, incorporating “[a]n aggressive UN-sanctioned campaign to disarm Iraq—bolstered by a militarily supported inspection process—would combine the best of the US and UN approaches, a robust disarmament policy with the international legitimacy the United States seeks.” Wilson continues: “Our message to Saddam can be simple: ‘You are going to lose your weapons of mass destruction capability either through the inspections or through a sustained cruise-missile assault on the 700 suspicious sites the United Nations has already identified. If you rebuild them, we will attack again. And if you use weapons of mass destruction or attack another country in the region, we will destroy you and your regime.’ The decision to live or die then becomes his to make. The ultimate lesson of the Gulf War may be that when offered the choice, Saddam will sacrifice almost everything before sacrificing his own life or grip on power.” (Wilson 10/13/2002)
Response - Foreign Intelligence Advisory Board chief Brent Scowcroft (see October 16, 2001 and March 2002) asks Wilson if he can “take [the editorial] over to the White House.” Scowcroft says that White House officials need to hear the views of someone who actually has experience with Iraq and with Hussein. Days later, Wilson receives a note from former President George H. W. Bush indicating that he agrees wholeheartedly with Wilson’s position. The op-ed will also garner invitations from a variety of television news shows for Wilson to appear as a commentator. (Wilson 2004, pp. 295-297)

At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” (Bush 10/14/2002)

The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. (US Congress 7/7/2004, pp. 58) Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. (US Congress 7/7/2004, pp. 58; Isikoff and Corn 2006, pp. 162; CBS News 4/23/2006) According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” (Hersh 10/27/2003) Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). (Unger 2007, pp. 261)

A CIA officer who served with Alec Station, the CIA’s bin Laden unit, before 9/11 is interviewed by CIA Director George Tenet about a failure to pass on information to the FBI about one of the 9/11 hijackers, Khalid Almihdhar. Although information about Almihdhar’s US visa was not passed to the FBI, the officer, Michael Anne Casey, drafted a cable falsely stating that it had been passed (see Around 7:00 p.m. January 5, 2000). According to Tenet’s testimony to the 9/11 Congressional Inquiry (see October 17, 2002), Casey “believes she never would have written this cable unless she believes this had happened.” Tenet will be impressed with Casey, calling her a “terrific officer” at an open hearing of the inquiry. (New York Times 10/17/2002) However, it was Casey herself who blocked the cable, on the orders of her boss, Tom Wilshire (see 9:30 a.m. - 4:00 p.m. January 5, 2000). In addition, the day after she sent the cable falsely stating the information had been passed, she again insisted that the information not be provided to the FBI (see January 6, 2000). Casey will later repeat the same lie to the Justice Department’s inspector general (see February 2004).

NSA Director Michael Hayden.
NSA Director Michael Hayden. [Source: NSA]NSA Director Michael Hayden testifies before the 9/11 Congressional Inquiry that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil.” Before 9/11, the “NSA had no knowledge… that any of the attackers were in the United States.” Supposedly, a post-9/11 NSA review found no intercepts of calls involving any of the 19 hijackers. (Reuters 10/17/2002; US Congress 10/17/2002; Diamond 10/18/2002) Yet, in the summer of 2001 (see Summer 2001), the NSA intercepted communications between Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, and hijacker Mohamed Atta, when he was in charge of operations in the US. (Gumbel 6/6/2002; Buncombe 9/15/2002) What was said between the two has not been revealed. The NSA also intercepted multiple phone calls from al-Qaeda leader Abu Zubaida to the US in the days before 9/11 (see Early September 2001). But who was called or what was said has not been revealed. (ABC News 2/18/2002) In addition, Hayden testified three times in secret on June 18, June 19, and July 18, but little is known about what he said, as not much information is disclosed in the media and many sections of the Inquiry’s final report about the NSA are heavily redacted. The main revelations at the time of the summer hearings are that the NSA intercepted two messages apparently pertaining to the forthcoming attack one day before 9/11, and this sparks a controversial leak inquiry by the FBI (see August 2, 2002). (Snow and Bash 6/18/2002; Martin 6/19/2002; Bash, Ensor, and Snow 6/20/2002; US Congress 7/24/2003 pdf file)

At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. (Sheehy 1/22/2004) The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. (Rose 9/2005) The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” (US Department of Justice 10/18/2002; Siegel 2008, pp. 201)

German investigators believe they know of nine people who are still living and who played roles in assisting the 9/11 plot, the Chicago Tribune reports. An unnamed senior German intelligence official says he believes these nine cover everyone linked to the al-Qaeda Hamburg cell who helped plan, finance, or carry out the plot. However, he says “there may be people still in Hamburg who had a certain knowledge” of the plot. The nine are:
bullet Ramzi Bin al-Shibh, a Yemeni. He is considered the head of the 9/11 plot in Germany while the hijackers were living in the US. He was captured in Pakistan in 2002 and put in the secret CIA prison system (see September 11, 2002).
bullet Mounir El Motassadeq, a Moroccan. He knew the others in the Hamburg cell and trained in Afghanistan (see May 22 to August 2000). He has been arrested and charged with a role in the 9/11 plot. He will later be convicted (see January 8, 2007).
bullet Abdelghani Mzoudi, a Moroccan. Mzoudi lived with Mohamed Atta and others in the Hamburg cell, and he is alleged to have attended a training camp in Afghanistan in 2000 (see Summer 2000). He has been arrested in Germany and charged with a role in the 9/11 attacks. He will later be acquitted after the US fails to cooperate with German prosecutors (see February 5, 2004-June 8, 2005).
bullet Barakat Yarkas, a Spaniard. He is alleged to be the leader of al-Qaeda in Spain. Germans believe he helped arrange a meeting between Atta and bin al-Shibh in Spain two months before 9/11 (see July 8-19, 2001). He is imprisoned in Spain on various terrorism charges. He will later be convicted to 12 years in prison, but not for any role in 9/11 (see September 26, 2005).
bullet Mohammed Haydar Zammar, a Moroccan. He was investigated for al-Qaeda ties for years prior to 9/11. He was captured in Morocco after 9/11 and renditioned to a prison in Syria (see December 2001).
bullet Said Bahaji, a German. He is said to be a computer expert who taught Atta and others how to use computers to communicate. He fled Germany just before 9/11 (see September 3-5, 2001). There is a warrant for his arrest (see September 21, 2001), but he remains free.
bullet Zakariya Essabar, a Moroccan. He lived with Atta, Bahaji, and others. He trained in Afghanistan and attempted to get a US visa (see January-October 2000). He fled Germany just before 9/11 (see Late August 2001). There is a warrant for his arrest (see October 19, 2001), but he remains free overseas.
bullet Mamoun Darkazanli, a Syrian. He had been investigated for al-Qaeda ties for years before 9/11 (see 1993), and he knew Atta, Marwan Alshehhi, and other members of the Hamburg cell (see October 9, 1999). He remains free in Germany (see November 11, 2010).
bullet Abdul-Matin Tatari, a Syrian. He runs a textile company called Tatex Trading that investigators suspect helped get money and visas for al-Qaeda operatives (see September 10, 2002-June 2003). He was questioned on September 10, 2002, but he remains free in Germany. (Crewdson 10/22/2002)
More than Just Nine - But a few months later, the Chicago Tribune will report that investigators believe there are many more members of the Hamburg cell than was previously reported (see February 25, 2003). For instance, one likely participant who will only become publicly known many years later is Naamen Meziche. He was friends with Atta and others in the Hamburg cell, and he will be killed by a US drone strike in Pakistan in 2010 (see October 5, 2010).

London imam Abu Qatada is arrested at a house in South London by Scotland Yard and MI5 officials. Intelligence agencies in eight countries, including Italy, France, and Germany, have claimed that Qatada has extensive al-Qaeda links, and he is believed to be a member of al-Qaeda’s fatwa (religious) committee (see June 1996-1997). Using anti-terrorist laws passed in December 2001, he is held at the Belmarsh high security prison without charge. He “disappeared” hours before the new laws went into effect (see Early December 2001). Several days before his arrest, Qatada came out of hiding to release a new document justifying the 9/11 attacks. He posted a ten-page document on the Internet entitled “The Legal Vision for the September 11 Events.” In it, he outlined the “moral” case for the attacks and praised Osama bin Laden for challenging the US. (McGrory, Ford, and Evans 10/25/2002) Another radical London imam, Sheik Omar Bakri Mohamed, tells the press that Abu Qatada was arrested after family members visited his house and one of them used a cell phone that was apparently traced by the authorities. (Cowell 10/26/2002) Qatada worked as an MI5 informant beginning in 1996 (see June 1996-February 1997).

The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. (Savage 2007, pp. 114-115)

A group of militants thought to be linked to Afghan warlord Gulbuddin Hekmatyar and his Hezb-e-Islami organisation are captured in Pakistan. One man arrested is Gul Rahman, who will later freeze to death at a CIA-controlled prison in Afghanistan (see November 20, 2002). Another is Ghairat Baheer, a doctor and Hekmatyar’s son-in-law. Hekmatyar was a CIA ally during the Soviet-Afghan war (see (1986)), but is now linked to al-Qaeda. According to Baheer, Rahman had driven from Peshawar, Pakistan, in the northwest frontier to Islamabad for a medical checkup. He is staying with Baheer, an old friend, when US agents and Pakistani security forces storm the house and take both men, two guards, and a cook into custody. (Goldman and Gannon 3/28/2010)

Two detainees, Gul Rahman and Ghairat Baheer, are transferred from Pakistan to the CIA-controlled Salt Pit black site in Afghanistan. Baheer will say that he was separated from Rahman about a week after they were captured (see October 29, 2002) and they were both moved to the prison, so presumably they are transferred there together. (Goldman and Gannon 3/28/2010) Rahman will later die at the prison (see November 20, 2002).

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. (Central Intelligence Agency 5/7/2004, pp. 15, 40 pdf file)

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. (Pincus 11/4/2002; Lumpkin 12/3/2002) Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). (Powell and Priest 11/9/2002; Thomas and Hosenball 11/11/2002) A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. (Hersh 12/16/2002) The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. (Thomas and Hosenball 11/11/2002) New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” (Hersh 12/16/2002) Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). (Thomas and Hosenball 11/11/2002) US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). (Amnesty International 10/27/2004) Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” (Smith 5/16/2004) The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. (Rasul, Iqbal, and Ahmed 7/26/2004 pdf file)


David Shayler.
David Shayler. [Source: David Shayler]David Shayler, a member of the British intelligence agency MI5, is convicted of divulging British intelligence secrets. Shayler claims that British intelligence paid an al-Qaeda agent to assassinate Libyan leader Colonel Mu’ammar al-Qadhafi in 1996 (see 1996). Under strict secrecy laws, the British press is not allowed to report Shayler’s claims. The press is not even allowed to report that the government won a gag order on the press. (Daley 10/10/2002) Shayler is not allowed to argue that he acted in the public interest by releasing the information, and the veracity of his claims is not challenged in court. (Norton-Taylor and Wadham 11/6/2002) Shayler is sentenced to six months in prison, but only serves seven weeks, then is released on parole. (BBC 12/23/2002)


The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [<a href=“http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/11/20/MN218568.DTL” target=_new>San Francisco Chronicle, 11/20/02</a>, <a href=“http://www.guardian.co.uk/Print/0,3858,4552953,00.html” target=_new>Guardian, 11/23/02</a>] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [<a href=“http://www.sunspot.net/news/nationworld/bal-spy1503,0,4325331.story?coll=bal-home-headlines” target=_new>Baltimore Sun, 1/5/03</a>]
The original logo for the Total Information Awareness program. An eye from a Masonic pyramid appears to cast a beam over the world, with Muslim regions highlighted. [San Francisco Chronicle, 11/20/02, Guardian, 11/23/02] The motto, Scientia Est Potentia, means “knowledge is power.” The logo is later removed from the department’s website. [Baltimore Sun, 1/5/03] [Source: DARPA]The New York Times exposes the existence of John Poindexter’s Total Information Awareness data collection program, begun in early 2002 (see Mid-January 2002; March 2002). (Markoff 11/9/2002) Conservative columnist William Safire writes, “If the Homeland Security Act is not amended before passage, here is what will happen to you: Every purchase you make with a credit card, every magazine subscription you buy and medical prescription you fill, every Web site you visit and e-mail you send or receive, every academic grade you receive, every bank deposit you make, every trip you book and every event you attend—all these transactions and communications will go into what the Defense Department describes as ‘a virtual, centralized grand database.’ To this computerized dossier on your private life from commercial sources, add every piece of information that government has about you—passport application, driver’s license and bridge toll records, judicial and divorce records, complaints from nosy neighbors to the FBI, your lifetime paper trail plus the latest hidden camera surveillance—and you have the supersnoop’s dream: a ‘Total Information Awareness’ about every US citizen.” (Safire 11/14/2002) Poindexter says it will take years to realize his vision, but his office has already begun providing some technology to government agencies. (O'Harrow 11/12/2002) The existence of this program, and the fact that Poindexter is running it, causes concern for many on both the left and right. (Shapiro 1/16/2003) It is regularly called Orwellian, conjuring visions of 1984’s Big Brother, and even supporters admit it sounds Orwellian. (Getz 11/15/2002; Turley 11/17/2002; Goldenberg 11/23/2002; Newsday 12/1/2002; Hertzberg 12/9/2002; Webb 12/12/2002; Mittelstadt 12/16/2002; Baer 1/5/2003) The New York Times suggests, “Congress should shut down the program pending a thorough investigation.” (New York Times 11/18/2002) Experts question not only its civil liberties implications, but also if it is even feasible. If it does work, would its database be swapped with errors that could not be removed? (see March 2002) (Puzzanghera 12/26/2002) However, many newspapers fail to report on the program at all, and ABC is the only network to report the story on prime time television. (ABC News 11/16/2002; ABC News 11/25/2002) Despite so many objections, the program is included in the Homeland Security bill (see November 25, 2002), and only later somewhat curbed by Congress (see January 23, 2003).

Congress approves legislation creating an independent commission—the National Commission on Terrorist Attacks Upon the United States—which will later be popularly known as the 9/11 Commission. The Commission’s mandate is to “examine and report on the facts and causes relating to the September 11th terrorist attacks” and “make a full and complete accounting of the circumstances surrounding the attacks.” President Bush signs it into law November 27, 2002. (US Congress 11/27/2002) Bush originally opposed an independent commission (see May 23, 2002), but changed his mind over the summer (see September 20, 2002) after political pressure. The Democrats conceded several important aspects of the Commission (such as subpoena approval) after the White House threatened to create a Commission by executive order, over which it would have more control. Bush will appoint the Commission chairman and he sets a strict time frame (18 months) for its investigation. (Bash 11/15/2002) The Commission will only have a $3 million budget. Senator Jon Corzine (D-NJ) and others wonder how the Commission can accomplish much with such a small budget. (Arnold 1/20/2003) (In contrast, a 1996 federal commission investigating casino gambling received $5 million; the federal government spent $50 million investigating Bill Clinton and Whitewater; and the investigation into the February 2003 Columbia shuttle explosion will receive $50 million.) (Carter 2004, pp. 280) Senate Majority Leader Tom Daschle (D-SD) will call the budget “a joke.” (Shenon 2008, pp. 31) The budget will later be increased (see March 26, 2003).

Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). (Hess 12/11/2007) Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. (Eggen and Pincus 12/18/2007) But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). (Hosenball 6/28/2008)

An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). (Priest 3/3/2005; Ross and Esposito 11/18/2005; Goldman and Gannon 3/28/2010) He had originally been arrested in Pakistan, and then brought to Afghanistan. (Johnson, Markon, and Tate 9/19/2009) An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. (Priest 3/3/2005; Ross and Esposito 11/18/2005; Mahoney and Johnson 10/9/2009, pp. 29 pdf file) The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. (Priest 3/3/2005; Ross and Esposito 11/18/2005) Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. (Johnson, Markon, and Tate 9/19/2009; Horton 3/28/2010) Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. (Priest 3/3/2005; Ross and Esposito 11/18/2005)

The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. (Central Intelligence Agency 5/7/2004, pp. 1 pdf file) The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). (Goldman and Gannon 3/28/2010) The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.

The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. (Goldman and Gannon 3/28/2010)

The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” (Sands 5/2008)

This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
This Homeland Security department logo of an eye peeking through a keyhole was copyrighted but apparently not used. [Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. (Stevenson 11/26/2002; Kemper 11/26/2002) However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. (Gall 11/20/2002) The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” (Gall 11/20/2002; Kemper 11/26/2002) Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” (Firestone 11/26/2002) The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. (Savage 2007, pp. 110)

James T. Hill.James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” (Human Rights Watch 8/19/2004) Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” (Sands 5/2008)

Destruction at the Paradise Hotel, Mombasa, Kenya.Destruction at the Paradise Hotel, Mombasa, Kenya. [Source: Karel Princloo/ Associated Press]Three suicide bombers detonate their explosives outside a resort hotel in Mombasa, Kenya. Militants also fire shoulder-launched missiles unsuccessfully at a passenger jet. (Filkins 11/30/2002) The death toll reaches 16. (CNN 12/1/2002) Al-Qaeda purportedly claims responsibility a few days later. (CNN 12/2/2002)

The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. (Golden and van Natal 6/21/2004) However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” (Zagorin and Duffy 6/12/2005)

Assistant Attorney General William Moschella informs the ranking members of the House and Senate Intelligence committees of the administration’s use of potentially unconstitutional data mining and electronic surveillance programs after the 9/11 attacks. Moschella tells the lawmakers, “The president determined that it was necessary following September 11 to create an early-warning detection system” to prevent more attacks. One such program is the Novel Intelligence from Massive Data (NIMD) initiative (see After September 11, 2001). Moschella echoes the claims of National Security Agency director Michael Hayden and other administration officials, saying that the Foreign Intelligence Surveillance Act (FISA), which allows the government to obtain warrants to conduct domestic eavesdropping or wiretapping, “could not have provided the speed and agility required for the early-warning detection system.” (Harris 1/20/2006)
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002). Moschella informs the lawmakers of none of this.

Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?”Rumsfeld’s handwritten note at the bottom of the memo he signs: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Source: HBO]Defense Secretary Donald Rumsfeld approves General Counsel William J. Haynes’ recommendations for interrogations methods (see November 27, 2002) and signs the action memo. (Lindlaw 6/23/2004) He adds in handwriting: “However, I stand for 8-10 hours a day. Why is standing limited to 4 hours?” In signing the memo, Rumsfeld adds for use at Guantanamo Bay 16 more aggressive interrogation procedures to the 17 methods that have long been approved as part of standard US military practice. (Jehl 8/25/2004) The additional methods, like interrogation sessions of up to 20 hours at a time and the enforced shaving of heads and beards, are otherwise prohibited under US military doctrine. (MSNBC 6/23/2004)

A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. (Fainaru and Eggen 12/5/2002; Washington Post 12/11/2002) In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. (Washington Post 9/1/2002) As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” (Borger 10/10/2002) After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” (Gellman and Becker 6/25/2007) The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).

FBI agents raid Ptech offices.FBI agents raid Ptech offices. [Source: ABC News]Federal agents search the offices of Ptech, Inc., a Boston computer software company, looking for evidence of links to Osama bin Laden. A senior Ptech official confirms that Yassin al-Qadi, one of 12 Saudi businessmen on a secret CIA list suspected of funneling millions of dollars to al-Qaeda, was an investor in the company, beginning in 1994. Ptech appears to have connections to other potential terrorist financiers (see 1994). In particular, there seem to be many ties between Ptech and BMI Inc., a New Jersey-based company whose list of investors has been called a “who’s who of designated terrorists and Islamic extremists” (see 1986-October 1999). (Hosenball 12/6/2002; WBZ 4 (Boston) 12/9/2002) A former FBI counterterrorism official states, “For someone like [al-Qadi] to be involved in a capacity, in an organization, a company that has access to classified information, that has access to government open or classified computer systems, would be of grave concern.” (WBZ 4 (Boston) 12/9/2002) On the day after the raid, US authorities will claim that Ptech’s software has been scrutinized and poses no danger. But security expert John Pike comments, “When you look at all of the different military security agencies that they have as customers, it’s very difficult to imagine how they would not be encountering sensitive information, classified information.” (National Public Radio 12/8/2002) The search into Ptech is part of Operation Greenquest, which has served 114 search warrants in the past 14 months involving suspected terrorist financing. Fifty arrests have been made and $27.4 million seized. (Hesseldahl 12/6/2002) However, the raid appears to have been largely for show. Ptech was notified by US officials in November that they were being investigated, and they were told in advance exactly when the raid would take place (see May-December 5, 2002). Top officials in the US government appear to have made up their minds before the results of the raid can even be examined. White House Press Secretary Ari Fleischer comments on the Ptech raid only hours after it ends: “The one thing I can share with you is that the products that were supplied by this company to the government all fell in the nonclassified area. None of it involved any classified products used by the government. The material has been reviewed by the appropriate government agencies, and they have detected absolutely nothing in their reports to the White House that would lead to any concern about any of the products purchased from this company.” (White House 12/6/2002) The fact that the raid takes place at all appears to be due to the persistence of Operation Greenquest investigators, who are engaged at this time in a bureaucratic battle with other investigators over who will control US government investigations into terrorist financing (see After March 20, 2002-Early 2003). Greenquest will lose this battle early in 2003 and get shut down (see May 13-June 30, 2003). In his 2003 book Black Ice, author Dan Verton will call Ptech an “innocent” casualty of Operation Greenquest’s “scorched-earth” tactics. (Verton 2003, pp. 223) No charges will be brought against Ptech, and the company will continue fulfilling sensitive government contracts under a new name (see May 14, 2004).

District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” (Associated Press 12/9/2002) Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. (Savage 2007, pp. 112) The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. (Yost 12/6/2002) That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. (Dean 2004, pp. 76-80) Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. (Dubose and Bernstein 2006, pp. 14) In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” (Savage 2007, pp. 112-113)

CIA employees who have been applying “enhanced interrogation techniques” to al-Qaeda leader Abd al-Rahim al-Nashiri decide that he is now “compliant.” The techniques, including waterboarding, have been used on al-Nashiri for around a month (see (November 2002)). At this point, the agency regards him to be ready to be “debriefed”—a CIA term for part of an interrogation conducted by a more knowledgeable officer who does not use the enhanced techniques, or not to such an extent. Following this decision, the Counterterrorist Center at CIA headquarters sends out a senior operations officer to question al-Nashiri. (Central Intelligence Agency 5/7/2004, pp. 36, 41 pdf file) This officer will later become known to the public as “Albert.” (Goldman 9/7/2010) Al-Nashiri is currently being held at CIA black site in Poland (see December 5, 2002).

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