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Context of 'December 9, 2007: Lawmakers Recall Being Briefed on CIA Interrogation Tactics in 2002'

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After the failure of the US federal government under the Articles of Confederation, the men working to shape the new American government—later termed the “Founders”—determine that the new government must have a president with power equal to that of Congress and the Supreme Court. The federal government itself has far more power under the new Constitution than it had under the Articles, but many Founders worry that the government will have, or take upon itself, the power to constrain or even destroy individual rights and freedoms. The government, therefore, will have strict limitations on its functions, and will be divided into three co-equal branches. Debate over whether the new government should have a single president or an executive council rages, but eventually the Founders decide that a single president could best act decisively in times of crisis. However, Congress has the strength to curtail presidential power via legislation and oversight. One of the Founders’ most crucial decisions is to give Congress, not the president, the power to declare war and commit military troops to battle. Congress must also authorize any military actions that fall short of actual war, the creation and maintenance of armies, and exercise control over how the president can call on the armed forces in emergencies. Finally, the Founders, all too aware that until the English Revolution of 1688, the King of England could use his “prerogative powers” to dispense with a law that he felt unnecessary, move to ensure that the US president cannot use a similar usurpation of power to override Congressional legislation, writing in the Constitution that the president must “take care that the laws be faithfully executed.” In 2007, reporter Charlie Savage, drawing on James Madison’s Federalist Papers, will write: “Knowing that it was inevitable that from time to time foolish, corrupt, or shortsighted individuals would win positions of responsibility in the government, the Founders came up with a system that would limit anyone’s ability to become a tyrant or to otherwise wreck the country. And over the next century and a half, the system worked as the Founders had designed it to work.” [Savage, 2007, pp. 14-16]

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

James Madison, one of the founders of the American system of constitutional government (see 1787), writes of the importance of Congress, not the president, retaining the power to send the nation to war. “Those who are to conduct a war cannot, in the nature of things, be proper or safe judges,” he writes, “whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analagous to that which separates the sword from the purse, or the power from executing from the power of enacting laws.” [Savage, 2007, pp. 19]

Entity Tags: James Madison

Timeline Tags: Civil Liberties

Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556.Woodcut depicting waterboarding included in J. Damhoudere’s ‘Praxis Rerum Criminalium,’ Antwerp, 1556. [Source: NPR]With the advent of the “Enlightenment,” many countries ban the practice of waterboarding, with at least one calling it “morally repugnant.” Waterboarding has been around since the 14th century, known variously as “water torture,” the “water cure,” or tormenta de toca, a phrase that refers to the thin piece of cloth placed over the victim’s mouth. Officials for the Spanish Inquisition were among those who waterboarded prisoners; the Inquisition, recognizing the potentially lethal effect of the practice, required a doctor to be present when a prisoner was waterboarded. Historian Henry Charles Lea, in his book A History of the Inquisition of Spain, will describe waterboarding as follows: “The patient strangled and gasped and suffocated and, at intervals, the toca was withdrawn and he was adjured to tell the truth. The severity of the infliction was measured by the number of jars [of water] consumed, sometimes reaching to six or eight.” Waterboarding actually refers to two separate interrogation techniques: one involving water being pumped directly into the stomach, and another that features the steady streaming of water into the throat. The first, according to author Darius Rejali, “creates intense pain. It feels like your organs are on fire.” The second will be the method later preferred by US interrogators, who will use it on suspected terrorists. This method is a form of “slow motion drowning” perfected by Dutch traders in the 17th century, when they used it against their British rivals in the East Indies. In 2007, reporter Eric Weiner will write: “[W]aterboarding has changed very little in the past 500 years. It still relies on the innate fear of drowning and suffocating to coerce confessions.” [National Public Radio, 11/3/2007]

Entity Tags: Darius Rejali, Spanish Inquisition, Henry Charles Lea, Eric Weiner

Timeline Tags: Torture of US Captives

President Theodore Roosevelt, wielding what will become known as the theory of inherent power, declares that the presidency has a “residuum of powers” to do anything not specifically forbidden by the Constitution. Without asking Congress for its approval, Roosevelt launches the project to build the Panama Canal, sends the US Navy around the world, and sends US troops to the Dominican Republic. In 2009, reporter and author Charlie Savage will write, “Roosevelt’s views… contained the seeds of the imperial presidency that would arise during the first decades of the Cold War.” Roosevelt’s successor, future Supreme Court Chief Justice William Howard Taft, will disagree, and Taft’s presidency will restore some of the limits on presidential power removed by Roosevelt. [Savage, 2007, pp. 17-18]

Entity Tags: William Howard Taft, Charlie Savage, Theodore Roosevelt

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal.Sherwood F. Moran (right) interrogating a Japanese prisoner during the battle of Guadalcanal. [Source: Associated Press]Marine interrogator Major Sherwood F. Moran writes an informal memo for use by other interrogators. Moran is a legendary figure among Marines, renowned for his ability to coax information from the most reluctant or resistant Japanese captive, even during the height of battle, and often using his knowledge of, and respect for, Japanese culture to his advantage. His memo will remain relatively unknown outside the Marine Corps until the summer of 2003, when it will be included in the archives of the Marine Corps Interrogator Translator Teams Association. The memo, titled “Suggestions for Japanese Interpreters Based on Work in the Field,” is remarkable for its insistence that treating prisoners with humanity and respect works far better than “harsh” interrogation methods. Author Ulrich Straus, an expert on Japanese POWs held in US captivity during World War II, will later write that Moran “was a particularly effective interrogator because he treated each prisoner as another human rather than as the enemy.” In 2005, after the Abu Ghraib scandals become media fodder, military historian Stephen Budiansky will write: “Six months before the abuses at Abu Ghraib prison broke into public view, a small and fairly obscure private association of United States Marine Corps members posted on its Web site a document on how to get enemy POWs to talk. The document described a situation very similar to the one the United States faces in the insurgencies in Iraq and Afghanistan: a fanatical and implacable enemy, intense pressure to achieve quick results, a brutal war in which the old rules no longer seem to apply.… Moran, the report’s author, noted that despite the complexities and difficulties of dealing with an enemy from such a hostile and alien culture, some American interrogators consistently managed to extract useful information from prisoners. The successful interrogators all had one thing in common in the way they approached their subjects. They were nice to them. Moran was writing in 1943, and he was describing his own, already legendary methods of interrogating Japanese prisoners of war. More than a half century later his report remains something of a cult classic for military interrogators.” [David R. Moran, 2005]
Human-to-Human Attitude - Moran writes that the best interrogators (whom he says should consider themselves “interviewers”) become “wooers” of their captives, coaxing information rather than attempting to force confessions. Most important, Moran writes, is the interrogator’s attitude towards his prisoner. “Many people, I suppose, would on first thought think ‘attitude’ had nothing to do with it; that all one needs is a knowledge of the language, then shoot out questions, and expect and demand a reply,” he writes. “Of course that is a very unthinking and naive point of view.” Just as important, Moran writes, is a sympathy and understanding of the captive’s culture. A superior or demeaning attitude breeds nothing but antagonism and resistance.
Speaking the Language of the Captive - Almost as important, Moran notes, is the interrogator’s ability to speak directly to the captive in his own language, without the need for translators. An interrogator should speak the language fluently and idiomatically, or, when that is not possible, to at least have some command over common phrases. “After all, the first and most important victory for the interviewer to try to achieve is to get into the mind and into the heart of the person being interviewed,” he writes.
Hidden System - Fellow feelings and warm sympathy towards the captive are necessary, but not the entire package. While the captive, or an outside observer, might believe that the interrogator is merely indulging in friendly chit-chat, the interrogator must have an agenda and a plan in place at all times. “[I]n the workings of your mind you must be a model of system,” Moran says. “You must know exactly what information you want, and come back to it repeatedly. Don’t let your warm human interest, your genuine interest in the prisoner, cause you to be sidetracked by him! You should be hard-boiled but not half-baked. Deep human sympathy can go with a business-like, systematic, and ruthlessly persistent approach.”
Short-Circuiting Patriotic Defensiveness - To emphasize that your side, your nation, or your culture is superior—in essence, the “conquerors” of the captive’s military or his nation—is counterproductive, Moran writes. “To emphasize that we are enemies, to emphasize that he is in the presence of his conqueror, etc., puts him psychologically in the position of being on the defensive, and that because he is talking to a most-patient enemy and conqueror he has no right and desire to tell anything,” he writes.
Breaking Recalcitrant Prisoners - Sometimes even the best interrogators come up against recalcitrant prisoners who flatly refuse, for patriotic reasons or what Moran calls “conscientious scruples,” to give any information. In these cases, Moran writes, harsh or physical techniques of intelligence extraction are counterproductive. Instead, he writes, with his Japanese captives he is often able to shame the prisoner into cooperating. Reminding the captive that he has been treated humanely, has been treated with kindness and courtesy, implies a quid pro quo—not the threat of having this treatment withdrawn if cooperation is not forthcoming, but a matter of the captive returning the interrogator’s courtesy with information. [Moran, 7/17/1943 pdf file]

Entity Tags: US Marine Corps, Ulrich Straus, Stephen Budiansky, Sherwood F. Moran, Marine Corps Interrogator Translator Teams Association

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

In the aftermath of World War II, Japanese officer Yukio Asano is charged by a US war crimes tribunal for torturing a US civilian. Asano had used the technique of “waterboarding” on the prisoner (see 1800 and After). The civilian was strapped to a stretcher with his feet in the air and head towards the floor, and water was poured over his face, causing him to gasp for air until he agreed to talk. Asano is convicted and sentenced to 15 years of hard labor. Other Japanese officers and soldiers are also tried and convicted of war crimes that include waterboarding US prisoners. “All of these trials elicited compelling descriptions of water torture from its victims, and resulted in severe punishment for its perpetrators,” reporter Evan Wallach will later write. In 2006, Senator Edward Kennedy (D-MA), discussing allegations of US waterboarding of terror suspects, will say in regards to the Asano case, “We punished people with 15 years of hard labor when waterboarding was used against Americans in World War II.” [Washington Post, 10/5/2006; National Public Radio, 11/3/2007]

Entity Tags: Yukio Asano, Evan Wallach, Edward M. (“Ted”) Kennedy

Timeline Tags: Torture of US Captives

The first “Zippe-type” gas centrifuge, named after one of its main developers, German scientist Gernot Zippe, is produced. The centrifuge uses duralumin rotors. Centrifuge rotors are thin-walled tubes that spin at high speeds producing enriched uranium 235. Centrifuge rotors are highly sensitive and must be made from specialized high-strength material. [Albright, 10/9/2003]

Entity Tags: Gernot Zippe

Timeline Tags: Events Leading to Iraq Invasion

President Harry Truman, without the approval of Congress, sends US troops to fight in the Korean War. Unlike his predecessor (see December 8, 1941), Truman asserts that he has the inherent right to do so as the commander in chief (see 1787 and 1793). Truman bases his decision in part on a UN Security Council resolution passed three days before—at the US’s behest—approving military aid to South Korea, which was invaded by North Korean troops on June 25. In 2007, reporter and author Charlie Savage will write: “But the permission of foreign states was irrelevant to the domestic legal issue of who got to decide whether the United States would go to war. No president had ever before launched anything on the scale of the Korean War without prior permission from Congress, as the Constitution requires.” Savage will explain why Congress allows Truman to usurp its prerogatives: “[M]embers of Congress, eager to appear tough against Communism and to support a war effort, did nothing to block Truman.” [Savage, 2007, pp. 19; Truman Library, 3/2008]

Entity Tags: Harry S. Truman, United Nations Security Council, Charlie Savage

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules in favor of the plaintiffs in a wrongful death lawsuit against the US government (see October 6, 1948, June 21, 1949, and July 26, 1950), after the government refuses to turn over classified accident reports that have a direct bearing on the plaintiffs’ case (see September 21, 1950). Judge Kirkpatrick orders the government to pay the plaintiffs, three widows who lost their husbands in a 1948 plane crash, a total of $225,000. The plaintiffs’ lawyer, Charles Biddle, expects the government to balk at paying out the money, and to instead continue to challenge the court’s attempt to compel it to turn over the accident reports (see October 19, 1951). [Siegel, 2008, pp. 134-139]

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

1952: NSA Founded

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

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

Timeline Tags: Civil Liberties

The Justice Department appeals the ruling of the US Appeals Court in the B-29 “Banshee” case (see December 11, 1951). The appellate judges found that the executive branch of government could not unilaterally refuse to hand over classified documents requested during the course of a trial, and justify its decision merely by its own say-so (see October 12, 1950). Solicitor General Philip Perlman argues that the appellate ruling erroneously interprets the law “so as to permit encroachments by the judiciary on an area committed by the Constitution to executive discretion.” The claim of “state secrets,” “executive privilege,” and, ultimately, “national security” must trump judicial concerns, Perlman argues, and he goes on to say that the judiciary should not be allowed to “substitute its judgment for the judgment of the executive.” The case will be labeled United States of America v. Patricia Reynolds, Phyllis Brauner, and Elizabeth Palya, and will usually be shortened to the more colloquial US v. Reynolds.
The Vinson Court - In 2008, author Barry Siegel, in his book Claim of Privilege, will note that the recent ascension of Fred Vinson as the Supreme Court’s Chief Justice does not bode well for the plaintiffs in the case. President Truman placed Vinson, whom Siegel calls Truman’s “poker and drinking buddy,” as Chief Justice to try to achieve consensus between the two contentious blocs of justices on the Court. Siegel notes that Vinson is widely considered an intellectual and legal lightweight, with a tendency to take the side of the government on issues in which he lacks a full understanding. Siegel will write that in many instances, Vinson functions “as part of the executive branch.”
'Dennis' Case Preview of Court's Tendency to Favor Executive Branch - Vinson had written the opinion in a 1951 ruling, Dennis et al v. United States, where the Court had upheld a lower court ruling that twelve acknowledged American Communists were sent to jail under the Smith Act—not for breaking the law, but for “teaching and advocating,” in the words of the original indictment. Siegel will call that ruling “the nadir of the Vinson Court.” According to Siegel, the Dennis ruling showed the Court’s predisposition to give the government, and particularly the executive branch, plenty of leeway in its findings in subsequent cases such as Reynolds. [Siegel, 2008, pp. 157-162]

Entity Tags: Fred Vinson, Elizabeth Palya, US Supreme Court, US Department of Justice, Barry Siegel, Harry S. Truman, Phyllis Brauner, Philip Perlman, Patricia Reynolds

Timeline Tags: Civil Liberties

The US Supreme Court rules that the federal government cannot seize the nation’s steel mills. In April, President Truman, fearing a nationwide strike that could impact the US war effort in Korea, ordered the seizure of all US steel mills; the lawsuit that resulted, Youngstown Sheet & Tube Co. v. Sawyer, quickly made its way to the Supreme Court.
Rejection of 'Inherent Powers' Claim - During oral arguments, the justices grilled Acting Attorney General Philip Perlman, demanding to know what statutes he had relied on for his arguments and asserting that the president had limitations both on his emergency wartime powers and on his ability to claim that he is the “sole judge” of the existence of, and remedies for, an emergency. The justices are not convinced by the government’s arguments for the president’s “inherent powers.” They are also troubled by repeated refusals of the government to provide facts and documentary backing for its legal arguments, and its reliance instead on claims of “national security.” The attorney for the steel industry, John Davis, quoted Thomas Jefferson in his argument: “In questions of power, let no more be said of confidence in man, but bind him down from mischief by the chains of the Constitution.” Justice William O. Douglas noted that if the government’s claims were valid, there would be “no more need for Congress.”
Court Rejects Argument - In a 6-3 vote, the Court rules that the president has no inherent power to seize the steel mills. Writing for the majority, Justice Hugo Black states: “In the framework of our Constitution, the president’s power to see that the laws are faithfully executed refutes the idea that he is to be a lawmaker.… The founders of this nation entrusted the lawmaking power to the Congress alone in both good and bad times.… This is a job for the nation’s lawmakers.” In a concurring opinion, Justice Robert Jackson writes, “No penance would ever expiate the sin against free government of holding that a president can escape control of executive powers by law through assuming his military role.” In his dissent, Chief Justice Fred Vinson (see March 1952) argues that “the gravity of the emergency” overrides the Constitutional arguments accepted by the majority of the Court. “Those who suggest that this is a case involving extraordinary powers should be mindful that these are extraordinary times. A world not yet recovered from the devastation of World War II has been forced to face the threat of another and more terrifying global conflict.” [Savage, 2007, pp. 123; Siegel, 2008, pp. 163-164] In 2007, reporter and author Charlie Savage will observe that the Youngstown decision “turned out to be only a pause in the movement toward an increasingly authoritarian presidency.” [Savage, 2007, pp. 19]

Entity Tags: William O. Douglas, John Davis, Hugo Black, Charlie Savage, Fred Vinson, Harry S. Truman, Philip Perlman, US Supreme Court

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’Cover art for the 1966 film ‘Lost Command,’ based on the book ‘Les Centurions.’ [Source: Cinema Forever (.com)]The French novel Les Centurions, by Jean Larteguy, features an early version of the so-called “ticking time bomb” scenario, in which torture is used to force critical information from a prisoner. The book, set during France’s occupation of Algeria, features a hero who beats up a female Arab dissident in order to learn the location of bombs planted throughout the city of Algiers. The hero uses the information gleaned from the beating of the woman to find and defuse the bombs. The book will be made into a 1966 film, Lost Command, starring Anthony Quinn. [Cinema Forever, 2009; National Public Radio, 5/5/2009]

Entity Tags: Anthony Quinn, Jean Larteguy

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: US-Cuba (1959-2005)

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

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: US-Cuba (1959-2005)

The US and Britain secretly agree to make the British Indian Ocean Territory (BIOT) available “for the defense purposes of both Governments as they may arise” for a period of 50 years, and thereafter for 20 years during which time either government will have the right to terminate the agreement. [US Department of State, 12/30/1966; United Kingdom, 12/30/1966; Guardian, 9/1/2000; BBC, 1/10/2001; BBC, 11/11/2004]

Entity Tags: David Kirkpatrick Este Bruce, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

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

Timeline Tags: Civil Liberties

The Washington Post runs a front-page photo of a US soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption says the technique induced “a flooding sense of suffocation and drowning, meant to make him talk.” Because of the photo, the US Army initiates an investigation, and the soldier is court-martialed and convicted of torturing a prisoner. [National Public Radio, 11/3/2007]

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

After Richard Nixon wins the presidency (see November 5, 1968), he orders a review of the Sentinel anti-ballistic missile program (see September 18, 1967). It is suspended and later reintroduced in a more modest form under the moniker “Safeguard.” Nixon says the program will protect “our land-based retaliatory forces against a direct attack by the Soviet Union.” Safeguard has serious conception and design flaws, and is never completely deployed; when the 1972 Anti-Ballistic Missile Treaty is signed with the Soviet Union (see May 26, 1972), the program is scaled back and eventually terminated by Congress. Author Stephen Schwartz will later write that the Sentinel/Safeguard program is “the only time that Congress has successfully voted down a major strategic nuclear weapons program supported by the executive branch.” [Schwartz, 1998, pp. 286-288; Federation of American Scientists, 1/15/2008]

Entity Tags: Richard M. Nixon, Sentinel, Stephen Schwartz, Safeguard

Timeline Tags: US International Relations

November 17, 1969: SALT I Talks Begin

Impelled in part by anti-ballistic missiles deployed in both the US and the Soviet Union (see September 18, 1967 and 1969-1976), the two nuclear superpowers begin the first round of Strategic Arms Limitation Talks, later known as SALT I. The negotiations are designed to limit both anti-ballistic missile systems and offensive nuclear arsenals. An agreement will be signed three years later (see May 26, 1972 and May 26, 1972). [Federation of American Scientists, 1/15/2008]

Entity Tags: Sentinel, Safeguard

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties

July 26-27, 1970: Nixon Rejects Huston Plan

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

With the arrival of the first Americans at Diego Garcia, the largest atoll of the Chagos Archipelago, the island’s remaining residents are told they must leave. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Recalling the massive forced relocation, Marcel Moulinie, the manager of a coconut plantation on the island, tells CBS 60 minutes in 2003 that he was ordered to ship the people out. “Total evacuation. They wanted no indigenous people there,” Marcel Moulinie explains. “When the final time came and the ships were chartered, they weren’t allowed to take anything with them except a suitcase of their clothes. The ships were small and they could take nothing else, no furniture, nothing.” To make it clear to residents that there would be no compromise, Sir Bruce Greatbatch, governor of the Seychelles, orders the killing of the Chagossians’ pets, which are rounded up into a furnace and gassed with exhaust fumes from American military vehicles. [CBS News, 6/13/2003; CNN, 6/18/2003; ZNet, 10/22/2004] “They put the dogs in a furnace where the people worked,” Lisette Talatte, a Chagossian, will later tell investigative journalist John Pilger. “[W]hen their dogs were taken away in front of them our children screamed and cried.” [ZNet, 10/22/2004] Marie Therese Mein, another Chagossian, later says US officials threatened to bomb them if they did not leave. [Self-Determination News, 1/28/2002; ZNet, 10/22/2004] And the Washington Post interviews one man in 1975 who says he was told by an American official, “If you don’t leave you won’t be fed any longer.” [Washington Post, 9/9/1975] The Chagossians are first shipped to the nearby islands of Peros Banhos and Salomon and then 1,200 miles away to Mauritius and the Seychelles. [BBC, 11/3/2000; CBS News, 6/13/2003; CNN, 6/18/2003] Before the eviction, the Chagossians were employed, grew their own fruit and vegetables, raised poultry and ducks, and fished. [Sunday Times (London), 9/21/1975; Self-Determination News, 1/28/2002; British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003] On the island of Diego Garcia, there was a church, a school as well as a few stores. [Sunday Times (London), 9/21/1975] But now, after being removed from their homes and dumped into foreign lands without compensation or resettlement assistance, they are forced to live in poverty. [CBS News, 6/13/2003; CNN, 6/18/2003] The uprooted Chagossians find shelter in abandoned slums, which have no water or electricity. [Sunday Times (London), 9/21/1975; Church Times, 1/7/2005] Many commit suicide during and after the eviction campaign. [ZNet, 10/22/2004] Lisette Taleti loses two of her children. [Guardian, 5/12/2006] Describing the plight of the Chagossians at this time, the British High Court writes in 2003: “The Ilois [Chagossians] were experienced in working on coconut plantations but lacked other employment experience. They were largely illiterate and spoke only Creole. Some had relatives with whom they could stay for a while; some had savings from their wages; some received social security, but extreme poverty routinely marked their lives. Mauritius already itself experienced high unemployment and considerable poverty. Jobs, including very low paid domestic service, were hard to find. The Ilois were marked by their poverty and background for insults and discrimination. Their diet, when they could eat, was very different from what they were used to. They were unused to having to fend for themselves in finding jobs and accommodation and they had little enough with which to do either. The contrast with the simple island life which they had left behind could scarcely have been more marked.”

Entity Tags: Sir Bruce Greatbatch, Chagossians, Marcel Moulinie, Marie Therese Mein, Lisette Talatte

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

Entity Tags: Nixon administration, George W. Bush

Timeline Tags: US International Relations

The US Supreme Court, in what becomes informally known as the “Keith case,” upholds, 8-0, an appellate court ruling that strikes down warrantless surveillance of domestic groups for national security purposes. The Department of Justice had wiretapped, without court warrants, several defendants charged with destruction of government property; those wiretaps provided key evidence against the defendants. Attorney General John Mitchell refused to disclose the source of the evidence pursuant to the “national security” exception to the Omnibus Crime Control and Safe Streets Act of 1968. The courts disagreed, and the government appealed the decision to the Supreme Court, which upheld the lower courts’ rulings against the government in a unanimous verdict. The Court held that the wiretaps were an unconstitutional violation of the Fourth Amendment, establishing the judicial precedent that warrants must be obtained before the government can wiretap a US citizen. [US Supreme Court, 6/19/1972; Bernstein and Woodward, 1974, pp. 258-259] Critics of the Nixon administration have long argued that its so-called “Mitchell Doctrine” of warrantlessly wiretapping “subversives” has been misused to spy on anyone whom Nixon officials believe may be political enemies. [Bernstein and Woodward, 1974, pp. 258-259] As a result of the Supreme Court’s decision, Congress passes the Foreign Intelligence Surveillance Act. [John Conyers, 5/14/2003]
Opinion of Justice Powell - Writing for the Court, Justice Lewis Powell observes: “History abundantly documents the tendency of Government—however benevolent and benign its motives—to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the government attempts to act under so vague a concept as the power to protect ‘domestic security.’ Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent.” [US Supreme Court, 6/19/1972]
Justice Department Wiretapped Reporters, Government Officials - In February 1973, the media will report that, under the policy, the Justice Department had wiretapped both reporters and Nixon officials themselves who were suspected of leaking information to the press (see May 1969 and July 26-27, 1970), and that some of the information gleaned from those wiretaps was given to “Plumbers” E. Howard Hunt and G. Gordon Liddy for their own political espionage operations. [Bernstein and Woodward, 1974, pp. 258-259]
Conyers Hails Decision 30 Years Later - In 2003, Representative John Conyers (D-MI) will say on the floor of the House: “Prior to 1970, every modern president had claimed ‘inherent Executive power’ to conduct electronic surveillance in ‘national security’ cases without the judicial warrant required in criminal cases by the Fourth Amendment to the Constitution. Then Attorney General John Mitchell, on behalf of President Richard Nixon sought to wiretap several alleged ‘domestic’ terrorists without warrants, on the ground that it was a national security matter. Judge [Damon] Keith rejected this claim of the Sovereign’s inherent power to avoid the safeguard of the Fourth Amendment. He ordered the government to produce the wiretap transcripts. When the Attorney General appealed to the US Supreme Court, the Court unanimously affirmed Judge Keith. The Keith decision not only marked a watershed in civil liberties protection for Americans. It also led directly to the current statutory restriction on the government’s electronic snooping in national security cases.” [John Conyers, 5/14/2003]

Entity Tags: Lewis Powell, US Supreme Court, John Mitchell, E. Howard Hunt, US Department of Justice, G. Gordon Liddy, ’Plumbers’, Damon Keith, Richard M. Nixon

Timeline Tags: Civil Liberties, Nixon and Watergate

Britain agrees to pay £650,000 (about $1.4 million) to the Mauritius government for costs associated with the resettlement of the Chagossians, who are being evicted from their homes in the Chagos Islands by the British (see July 27, 1971-May 26, 1973). It is paid in March 1973. No help is provided to Seychelles, which has also received displaced islanders. [Washington Post, 9/9/1975; British Royal Courts of Justice, 10/9/2003] Most of the money goes toward repaying debts the Chagossians have incurred. [Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Nixon and Watergate

Former inhabitants of the Chagos Islands deliver a formal petition to the British embassy, asking Britain to see that the Mauritanian government provides them with plots of land, a house for each family, and jobs. The Chagossians, who were evicted from their homes by the British a few years before (see July 27, 1971-May 26, 1973), say that absent this help, they would prefer being allowed to return to the islands. Copies of the petition are delivered to the American embassy, Mauritian Prime Minister Seewoosagur Ramgoolam, and several opposition leaders of the Mauritian government. [Washington Post, 9/9/1975]

Entity Tags: Seewoosagur Ramgoolam, Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

US military officials tell Congress that the US needs to develop naval support facilities on the island of Diego Garcia. The Pentagon wants to lengthen the runway at Diego Garcia from 8,000 to 12,000 feet, increase the available petroleum, oils, and lubricants storage, and dredge its harbor. It would also like to build additional barracks, a pier to facilitate cargo handling, as well as additional utility and recreational facilities. The officials argue that expanding the base at Diego Garcia is needed to safeguard US oil interests in the Persian Gulf and to counter the Soviet Union’s presence in the region, which the military claims is increasing rapidly. They attempt to allay Congress’ concerns that expanding the base would provoke competition in that region with the Soviet Union. At one point during the hearing, George Vest, Director of the Bureau of Politico-Military Affairs of the Department of State, says the island is “uninhabited,” making no reference to the fact that it had been made so by the US and British only a few years before (see July 27, 1971-May 26, 1973). When further questioned on the subject, Vest repeats that there are “no inhabitants” at all on the island. [US Congress, 6/5/1975; Los Angeles Times, 11/4/2000]

Entity Tags: US Department of Defense, George Vest, US Congress

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

The Washington Post is the first Western newspaper to report about the forced relocation of the inhabitants of the Chagos Islands. US officials had previously claimed that the island of Diego Garcia was “uninhabited,” (see June 5, 1975) and (see March 6, 1975) conveniently ignoring the fact that the island had been depopulated by Britain and the US (see July 27, 1971-May 26, 1973). [Washington Post, 9/9/1975; Washington Post, 9/11/1975]

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

A congressional subcommittee of the Committee on International Relations holds a hearing on the circumstances surrounding the establishment of the US military facility at Diego Garcia island. The hearing focuses on the forced eviction of the archipelago’s inhabitants (see July 27, 1971-May 26, 1973).
Testimony of George T. Churchill - In his statement to Congress, George T. Churchill, director of International Security Operations at the Department of State, attempts to defend the State Department and Pentagon from accusations that they misled Congress about the inhabitants of Diego Garcia. He asserts that the island’s population had consisted mainly of “contract laborers and their families whose livelihood depended on the coconut plantations and whose ties to the island were tenuous.” Their settlements, he says, “appear to have been something more than work camps but considerably less than free indigenous communities.” Churchill argues that resettlement was necessary because the islanders would not have had work once the plantations were replaced by US military facilities. When it was time to go, he claims, the residents “went willingly.” He also contends that he could find no evidence in government files that there was a “lack of concern for the inhabitants of the Chagos Islands.” He admits that his report is based entirely on US and British sources and that no attempt was made to interview the former inhabitants or request information from the Mauritius government—despite his acknowledgment that on many issues, there “simply wasn’t enough data.” Churchill argues that it was Britain’s responsibility to see to the islanders’ welfare after resettlement and denies that the US has any obligation—moral or legal—to the islanders, even though their eviction had been a condition of the US’ 1966 agreement (see December 30, 1966) with Britain to use the island. [US Congress, 11/4/1975]
Testimony of Commander Gary Sick - Pentagon official Gary Sick addresses accusations that the military has misled Congress about Diego Garcia’s population. In his testimony he cites instances where passing references were made about the islands’ population, including a 1964 Washington Post article mentioning the possibility that an “indigenous population” might exist on the island; a 1969-1979 Pentagon spending proposal which referred to the islanders as “rotating contract personnel engaged in harvesting copra”; and a 1970 congressional hearing in which it was stated that the “British [had] gone a little farther about removing the population from there now.” [US Congress, 11/4/1975]

Entity Tags: Gary G. Sick, US Congress, George T. Churchill

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

Entity Tags: Fidel Castro, US Congress

Timeline Tags: US-Cuba (1959-2005)

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Mauritius government disperses the £650,000, received by the British in 1973 (see July 27, 1971-May 26, 1973), to 595 Chagossians families. Since 1973, inflation has significantly reduced the value of the resettlement sum. [British Royal Courts of Justice, 10/9/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

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

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

Timeline Tags: Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

A young Fauzi Hasbi.A young Fauzi Hasbi. [Source: SBS Dateline]Fauzi Hasbi, the son of a separatist leader in the Indonesian province of Aceh, is captured by an Indonesian military special forces unit in 1979 and soon becomes a mole for the Indonesian government. Hasbi becomes a leader in the separatist Free Aceh Movement (GAM), and he also plays a long-time role in Jemaah Islamiyah, an al-Qaeda affiliate. For many years, he literally lives next door to Jemaah Islamiyah leaders Abu Bakar Bashir and Hambali (see April 1991-Late 2000). In 2005, the Australian television program SBS Dateline will present documents that it claims “prove beyond doubt that Fauzi Hasbi had a long association with the [Indonesian] military.” For instance, military documents dating from 1990 and 1995 give him specific spying tasks. [SBS Dateline, 10/12/2005] In February 2001, the Indonesian magazine Tempo documents some of Hasbi’s links to the Indonesian military, after he has been linked to a major role the Christmas bombings in Indonesia two months earlier (see December 24-30, 2000 and February 20, 2001). He admits to having some ties to certain high-ranking military figures and says he has had a falling out with GAM, but denies being a traitor to any militant group. [Tempo, 2/20/2001; Tempo, 2/27/2001] Yet even after this partial exposure, he continues to pose as an Islamist militant for the military. A 2002 document shows that he is even assigned the job of special agent for BIN, Indonesia’s intelligence agency. [SBS Dateline, 10/12/2005] A December 2002 report by a US think tank, the International Crisis Group, details his role as a government mole. He and two of his associates are abducted and killed in mysterious circumstances in the Indonesian city of Ambon on February 22, 2003. Seven suspects, including an Indonesian policeman, later admit to the killings but their motive for doing so remains murky. [Agence France-Presse, 5/22/2003]

Entity Tags: Tentara Nasional Indonesia, Jemaah Islamiyah, Free Aceh Movement, Badan Intelijen Negara, Fauzi Hasbi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Iraq begins developing “Zippe-type” centrifuges (see 1950s). The centrifuges use rotors made from maraging steel and carbon fiber, which are more advanced than aluminum and allow the rotor to spin at significantly higher speeds. But Iraq has problems building centrifuges—even with considerable assistance from German experts. [Albright, 10/9/2003]

Entity Tags: Iraq

Timeline Tags: Events Leading to Iraq Invasion

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

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

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

The British government pays roughly $6 million in compensation to the former inhabitants of the Chagos Islands who were forcibly removed from their homeland to make way for a US military base between 1971 and 1973 (see July 27, 1971-May 26, 1973). When Chagossians go to the Social Security Office to collect their compensation they are required to endorse, by signature or thumbprint, a renunciation form forfeiting their right to ever return home. Though Chagossians speak Creole, the forms are written in English and are not translated for them. [British Royal Courts of Justice, 10/9/2003; Tribune (Bahamas), 11/17/2003]

Entity Tags: Chagossians

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Strategic Defense Initiative logo.Strategic Defense Initiative logo. [Source: United States Missile Defense Agency]President Reagan announces his proposal for the Strategic Defense Initiative (SDI, later nicknamed “Star Wars”), originally conceived two years earlier (see 1981). SDI is envisioned as a wide-ranging missile defense system that, if it works, will protect the United States from nuclear attacks from the Soviet Union or other countries with ballistic missiles, essentially rendering nuclear weapons, in Reagan’s words, “impotent and obsolete.” Reagan says, “I call upon the scientific community in our country, those who gave us nuclear weapons, to turn their great talents now to the cause of mankind and world peace, to give us the means of rendering these nuclear weapons impotent and obsolete.” Soviet leader Yuri Andropov’s response is unprececented in its anger (see March 27, 1983); Soviet Ambassador Anatoly Dobrinyn says SDI will “open a new phase in the arms race.” [PBS, 2000; Scoblic, 2008, pp. 129]
US Hardliners 'Ecstatic' - Hardliners in and out of the Reagan administration are, in author J. Peter Scoblic’s characterization, “ecstatic, seeing SDI as the ultimate refutation of [the principle of] mutual assured destruction and therefore of the status quo, which left [the US] unable to seek victory over the Soviet Union.” The day after the speech, Senator Barry Goldwater (R-AZ) sends Reagan a one-sentence letter: “That was the best statement I have heard from any president.”
'Less Suicidal' Adjunct to First Strike - Scoblic will write that if SDI is implemented as envisioned, “[a]lthough the Soviets would still be able to inflict enough damage that a first strike by the United States would be suicidal, it would be ‘less suicidal’ to the extent that such a concept made sense, which some Reagan officials believed it did. In short, SDI was a better adjunct to a first strike than it was a standalone defense. That made it critically destabilizing, which is why missile defense had been outlawed by [earlier treaties] in the first place.” [Scoblic, 2008, pp. 129-130]

Entity Tags: Strategic Defense Initiative, J. Peter Scoblic, Ronald Reagan, Anatoly Dobrinyn, Barry Goldwater, Yuri Andropov

Timeline Tags: US International Relations

The October 1983 bombing of US Marine barracks in Beirut, Lebanon.The October 1983 bombing of US Marine barracks in Beirut, Lebanon. [Source: US Marine Corps.]In June 1982, Israel invaded Lebanon and US Marines were sent to Lebanon as a peacekeeping force in September 1982. On April 18, 1983, the US embassy in Beirut, Lebanon, is bombed by a suicide truck attack, killing 63 people. On October 23, 1983, a Marine barracks in Beirut is bombed by another suicide truck attack, killing 241 Marines. In February 1984, the US military will depart Lebanon. The radical militant group Islamic Jihad will take credit for both attacks (note that this is not the group led by Ayman al-Zawahiri). The group is believed to be linked to Hezbollah. Prior to this year, attacks of this type were rare. But the perceived success of these attacks in getting the US to leave Lebanon will usher in a new era of suicide attacks around the world. The next two years in particular will see a wave of such attacks in the Middle East, many of them committed by the radical militant group Hezbollah. [US Congress, 7/24/2003; US Congress, 7/24/2003 pdf file] The Beirut bombings will also inspire Osama bin Laden to believe that the US can be defeated by suicide attacks. For instance, he will say in a 1998 interview: “We have seen in the last decade the decline of the American government and the weakness of the American soldier who is ready to wage Cold Wars and unprepared to fight long wars. This was proven in Beirut when the Marines fled after two explosions.” [ABC News, 5/28/1998] In 1994, he will hold a meeting with a top Hezbollah leader (see Shortly After February 1994) and arrange for some of his operatives to be trained in the truck bombing techniques that were used in Beirut. [9/11 Commission, 7/24/2004, pp. 48]

Entity Tags: Hezbollah, Islamic Jihad Organization, Ayman al-Zawahiri, Osama bin Laden

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

The US announces that the Soviet Union has established a large early-warning radar system near the city of Krasnoyarsk. The installation violates the 1972 ABM Treaty (see May 26, 1972), which requires that such installations be located near the nation’s border and oriented outward. It is possible that the Soviet radar installation is built in response to the US’s recent decision to violate the ABM treaty by developing a missile defense system (see March 23, 1983). [Federation of American Scientists, 1/15/2008]

Timeline Tags: US International Relations

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

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

Timeline Tags: Civil Liberties


Egyptian militants open fire on Egyptian President Anwar Sadat.
Egyptian militants open fire on Egyptian President Anwar Sadat. [Source: Public domain]Ali Mohamed is a major in the Egyptian army. He is highly educated, speaking several languages and possessing two bachelor’s degrees and a master’s degree. In 1981 he was taking part in a special program for foreign officers at the US Army Special Forces school at Fort Bragg, North Carolina, while soldiers with radical Islamic beliefs from his Egyptian army unit assassinated Egyptian President Anwar Sadat. He is forced to quit in early 1984 on suspicions of becoming too religious. He approaches the CIA in Egypt and volunteers to be a spy. The CIA accepts, and he makes contact in Germany with a branch of Hezbollah, the Middle Eastern militant group. The CIA has claimed that Mohamed secretly tells Hezbollah members that he is working with the CIA, but the CIA quickly discovers this. The CIA supposedly suspects he wanted to help Hezbollah spy on the CIA and cuts off all further ties with him and tries to stop him from coming to the US. [New York Times, 12/1/1998; San Francisco Chronicle, 11/4/2001; Wall Street Journal, 11/26/2001] But there will be claims that Mohamed then will come to the US through a secret CIA program. If true, this would cast doubt on the CIA’s account of their interaction with Mohamed (see September 1985).

Entity Tags: Hezbollah, Ali Mohamed, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

The Reagan administration takes another step in attempting to “purge” the federal bureaucracy of those who disagree with its policies (see February 1981 and After). President Reagan issues an executive order requiring agencies to annually submit a cost-benefit analysis of their proposed new rules to the White House, giving administration officials the chance to object to, delay, and block regulations it opposes for ideological reasons. Reagan attorney Douglas Kmiec will later write that this scheme is a major part of the Reagan administration’s attempt to implement the “unitary executive” theory of executive power (see April 30, 1986). Kmiec will write that though White House objections have no legal weight because Congress has given the agencies the power to make rules by law, the White House often wins the argument anyway. [Savage, 2007, pp. 304-305]

Entity Tags: Douglas Kmiec, Reagan administration

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

National Security Adviser Robert McFarlane, speaking for the Reagan administration, proposes a new, “broad” interpretation of the US-Soviet Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972) on national television. McFarlane proposes that space-based and mobile systems and components based on “other physical principles,” i.e. lasers, particle beams, etc., should be developed and tested, but not deployed. (The traditional, “narrow” interpretation of the treaty is more restrictive.) Days later, President Reagan announces that while he and his administration support this “broad” interpretation, as a matter of national policy, the US’s Strategic Defense Initiative (see March 23, 1983) will continue to observe the more traditional interpretation. [Federation of American Scientists, 1/15/2008]

Entity Tags: Robert C. McFarlane, Strategic Defense Initiative, Ronald Reagan

Timeline Tags: US International Relations

Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers.Ali Mohamed, in one of the US military videos he helped create. In the lower picture, he is in the center, chairing a discussion on the Middle East with other US army officers. [Source: US Army via CNN]Ali Mohamed enlists in the US Army and is posted to Fort Bragg, North Carolina. (He had taken part in a special program for foreign officers at Fort Bragg when he was a major in the Egyptian army in 1981 (see 1984)). He works first as a supply sergeant for a Green Beret unit, and then as an instructor at the John F. Kennedy Special Warfare School. Fort Bragg is no ordinary military base—one newspaper calls it the “US military’s top warfare planning center.” Mohamed will steal numerous top secret documents and pass them to al-Qaeda (see November 5, 1990). [San Francisco Chronicle, 11/4/2001; Raleigh News and Observer, 11/13/2001] Mohamed trains and lectures soldiers being deployed to the Middle East on the region’s culture and politics. He also produces and appears in training videotapes about the Middle East. In one tape, he asserts that devout Muslims are widely misunderstood. “The term of fundamentalism scares people in the West. Everybody when he hears fundamentalist, he thinks about armed struggle. He thinks about radicals. He thinks about groups that are carrying weapons. The word fundamentalism does not mean extremism. It means just that ordinary Muslims accept everything—that this is my way.” One of his supervisors is Col. Norvell De Atkine, who later will say of Mohamed, “I don’t think he was anti-American. He was what I would call a Muslim fundamentalist, which isn’t a bomb thrower. I would not put him in that category.” [New York Times, 10/30/1998] De Atkine is an expert on the Middle East and on the political aspects of military operations. In one of his articles he will praise the propaganda preparation for the Gulf War. [American Diplomacy, 1999] De Atkine will also contribute articles to Middle East Forum, an aggressively neoconservative and pro-Israeli journal edited by Daniel Pipes. One of these, a denunciation of leftist and Arab influences in academia, will be written together with Pipes. [Academic Questions, 1995]

Entity Tags: Norvell De Atkine, Ali Mohamed

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Gorbachev and Reagan at the Reykjavik summit.Gorbachev and Reagan at the Reykjavik summit. [Source: Ronald Reagan Library]President Reagan and Soviet Premier Mikhail Gorbachev meet in Reykjavik, Iceland, for a second summit, to follow on the success of their first meeting almost a year before (see November 16-19, 1985). They base their discussion on Gorbachev’s January proposals of deep cuts in the two nations’ nuclear arsenals (see January 1986).
Elimination of All Nuclear Weapons by 1996 - Gorbachev and his negotiators begin by reiterating Gorbachev’s proposals for a 50 percent cut in all nuclear weapons, deep reductions in Soviet ICBMs, and the elimination of all European-based intermediate nuclear weapons. Reagan and his negotiators counter with a proposal for both sides to destroy half of their nuclear ballistic missiles in the next five years, and the rest to be destroyed over the next five, leaving both sides with large arsenals of cruise missiles and bomber-based weapons. Gorbachev ups the ante, proposing that all nuclear weapons be destroyed within 10 years. Reagan responds that it would be fine with him “if we eliminated all nuclear weapons,” implicitly including all tactical nuclear weapons in Europe and everywhere else. Gorbachev says, “We can do that,” and Secretary of State George Shultz says, “Let’s do it.”
Agreement Founders on SDI - The heady moment is lost when the two sides fail to reach an agreement on SDI—the Americans’ “Star Wars” missile defense system (see March 23, 1983). Gorbachev cannot accept any major reductions in nuclear weapons if the US has a viable missile defense system; Reagan is convinced that SDI would allow both sides to eliminate their nuclear weapons, and offers the SDI technology to the Soviets. Gorbachev finds Reagan’s offer naive, since there is no guarantee that future presidents would honor the deal. Reagan, in another example of his ignorance of the mechanics of the US nuclear program (see April 1981 and After), does not seem to realize that even a completely effective SDI program would not defend against Soviet cruise missiles and long-range bombers, and therefore would not end the threat of nuclear destruction for either side. Author J. Peter Scoblic will later write, “[SDI] would have convinced the Soviet Union that the United States sought a first-strike capability, since the Americans were so far ahead in cruise missile and stealth bomber technology.” Gorbachev does not ask that the US abandon SDI entirely, but simply observe the terms of the 1972 Anti-Ballistic Missile treaty (see May 26, 1972) and confine SDI research to the laboratory. Reagan refuses. Gorbachev says that if this is the US’s position, then they would have to “forget everything they discussed.” Foreign Minister Eduard Shevardnadze breaks in, saying that the two nations are “so close” to making history that “if future generations read the minutes of these meetings, and saw how close we had come but how we did not use these opportunities, they would never forgive us.” But the agreement is not to be.
Participants' Reactions - As Shultz later says, “Reykjavik was too bold for the world.” Shultz tells reporters that he is “deeply disappointed” in the results, and no longer sees “any prospect” for a third summit. Gorbachev tells reporters that Reagan’s insistence on retaining SDI had “frustrated and scuttled” the opportunity for an agreement. Gorbachev says he told Reagan that the two countries “were missing a historic chance. Never had our positions been so close together.” Reagan says as he is leaving Iceland that “though we put on the table the most far-reaching arms control proposal in history, the general secretary [Gorbachev] rejected it.” Scoblic will later write, “In the end, ironically, it was Reagan’s utopianism, hitched as it was to a missile shield, that preserved the status quo.” [Washington Post, 10/13/1986; Scoblic, 2008, pp. 140-142]
Hardline Sabotage - One element that contributes to the failure of the negotiations is the efforts to undermine the talks by hardline advisers Richard Perle and Ken Adelman, who tell Reagan that confining SDI to research facilities would destroy the program. Perle and Adelman are lying, but Reagan, not knowing any better, believes them, and insists that SDI remain in development. [Scoblic, 2008, pp. 143-144]
Going Too Far? - Reagan’s negotiators, even the most ardent proponents of nuclear reduction, are shocked that he almost agreed to give up the US’s entire nuclear arsenal—with Shultz’s encouragement. British Prime Minister Margaret Thatcher and French President Francois Mitterand are horrified at the prospect, given that NATO’s nuclear arsenal in Europe is the only real counterweight to the huge Red Army so close to the borders of Western European nations. [Scoblic, 2008, pp. 140-142]
Failure of Trust - The US-Soviet talks may well have foundered on an inability of either side to trust the other one to the extent necessary to implement the agreements. During the talks, Soviet aide Gyorgy Arbatov tells US negotiator Paul Nitze that the proposals would require “an exceptional level of trust.” Therefore, Arbatov says, “we cannot accept your position.” [National Security Archives, 3/12/2008]

Entity Tags: Paul Nitze, J. Peter Scoblic, Kenneth Adelman, Gyorgy Arbatov, George Shultz, Francois Mitterand, Margaret Thatcher, Richard Perle, Ronald Reagan, Mikhail Gorbachev

Timeline Tags: US International Relations

The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque.The al-Kifah Refugee Center shared the same building as the Al-Farooq Mosque. [Source: National Geographic] (click image to enlarge)Ali Mohamed, while still an instructor at Fort Bragg, North Carolina (see 1986), frequently spends his weekends traveling to meet with Islamic activists at the Al-Kifah Refugee Center in Brooklyn. [Miller, Stone, and Mitchell, 2002, pp. 143-144] This center is the Brooklyn branch office of Maktab al-Khidamat (MAK)/Al-Kifah, which is a charity front in Pakistan closely tied to bin Laden and his mentor Abdullah Azzam. It also has ties to the CIA (see 1986-1993). Mohamed teaches the Islamic activists survival techniques, map reading and how to recognize tanks and other Soviet weapons. He frequently stays at the home of El-Sayyid Nosair (see November 5, 1990). In July 1989, the FBI monitors him teaching Nosair and some of the future members of the 1993 World Trade Center bomb plot how to shoot weapons (see July 1989). Towards the end of this period he informs his superiors that he has renewed his association with Sheikh Omar Abdul-Rahman. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 143-144] Mohamed will move to Brooklyn in May 1990 while also keeping a residence in Santa Clara, California. His connections to the Islamist network develop rapidly from this point on. [New York Times, 12/1/1998; Miller, Stone, and Mitchell, 2002, pp. 144]

Entity Tags: Omar Abdul-Rahman, Ali Mohamed, Al-Kifah Refugee Center, El Sayyid Nosair, Afghan Refugee Services Inc., Al Farouq Mosque, Maktab al-Khidamat

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

The congressional Iran-Contra committee has finally produced a final report, which committee Democrats thought would be unanimous. But committee Republicans fought successfully to water down the report, including the exclusion of evidence proving President Reagan’s involvement in the policy decisions (see August 3, 1987 and After), and then at the last minute broke away and announced their intention to issue a minority report—which was their intention all along. “From the get-go they wanted a minority report,” Republican staffer Bruce Fein will later recall. The official majority report is due to come out on November 17, but a printing error forces it to be delayed a day (see November 18, 1987). The committee Republicans, headed by Representative Dick Cheney (R-WY) and Senator Henry Hyde (R-IL) leak their minority report to the New York Times on November 16, thus stealing a march on the majority. On November 17, all of the committee Republicans save three—Senators Warren Rudman (R-NH), Paul Trible (R-VA), and William Cohen (R-ME)—hold a press conference in which they accuse the majority of staging a “witch hunt” against the president and the administration. The minority report asserts: “There was no constitutional crisis, no systematic disrespect for the ‘rule of law,’ no grand conspiracy, and no administration-wide dishonesty or cover-up.… In our view the administration did proceed legally in pursuing both its Contra policy and the Iran arms initiative.” Rudman calls the minority report “pathetic,” and says his Republican colleagues have “separated the wheat from the chaff and sowed the chaff.” The press focuses on the conflict between the two reports. The Democrats largely ignore the minority report: “This was ‘87,” one Democratic staff member will recall. “We had a substantial majority and the Republicans were trained to be what we thought was a permanent minority party. When they would yap and yell, we would let them yap. It just didn’t matter.” [Dubose and Bernstein, 2006, pp. 80-81]

Entity Tags: New York Times, Bruce Fein, Henry Hyde, Joint House-Senate Iran-Contra Committee, Warren Rudman, Paul Trible, William S. Cohen, Ronald Reagan, Richard (“Dick”) Cheney

Timeline Tags: Iran-Contra Affair

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

Entrance to Fort Riley, Kansas.Entrance to Fort Riley, Kansas. [Source: US Military (.com)]Terry Nichols, a 33-year-old Michigan farmer and house husband described as “aimless” by his wife Lana, joins the US Army in Detroit. He is the oldest recruit in his platoon and his fellow recruits call him “Grandpa.” During basic training at Fort Benning, Georgia, Nichols meets fellow recruits Timothy McVeigh (see 1987-1988), who joined the Army in Buffalo, New York, and Arizona native Michael Fortier. All three share an interest in survivalism, guns, and hating the government, particularly Nichols and McVeigh; unit member Robin Littleton later recalls, “Terry and Tim in boot camp went together like magnets.” For McVeigh, Nichols is like the older brother he never had; for Nichols, he enjoys taking McVeigh under his wing. Nichols also tells McVeigh about using ammonium nitrate to make explosives he and his family used to blow up tree stumps on the farm. The three are members of what the Army calls a “Cohort,” or Cohesion Operation Readiness and Training unit, which generally keeps soldiers together in the same unit from boot camp all the way through final deployment. It is in the Army that McVeigh and Nichols become enamored of the novel The Turner Diaries (see 1978), which depicts a United States racially “cleansed” of minorities and other “undesirables” (McVeigh is already familiar with the novel—see 1987-1988). All three are sent to the 11 Bravo Infantry division in Fort Riley, Kansas, where they are finally separated into different companies; McVeigh goes to tank school, where he learns to operate a Bradley fighting vehicle as well as becoming an outstanding marksman. [New York Times, 5/4/1995; New York Times, 5/28/1995; Stickney, 1996, pp. 91-95; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh later says he joined the Army because he was disillusioned with the “I am better than you because I have more money” mindset some people have, and because he was taken with the Army’s advertisement that claimed, “We do more before 9 a.m. than most people do all day.” [PBS Frontline, 1/22/1996] Fellow unit member Specialist Ted Thorne will later recall: “Tim and I both considered ourselves career soldiers. We were going to stay in for the 20-plus years, hopefully make sergeant major. It was the big picture of retirement.” [Serrano, 1998, pp. 31]
Nichols Leaves Army, Tells of Plans to Form 'Own Military Organization' - In the spring of 1989, Nichols, who planned on making a career of military service, leaves the Army due to issues with an impending divorce and child care, but his friendship with McVeigh persists. Fellow soldier Glen Edwards will later say that he found Nichols’s choice to serve in the Army unusual, considering his virulent hatred of the US government: “He said the government made it impossible for him to make a living as a farmer. I thought it strange that a 32-year-old man would be complaining about the government, yet was now employed by the government. Nichols told me he signed up to pull his 20 years and get a retirement pension.” Before Nichols leaves, he tells Edwards that he has plans for the future, and Edwards is welcome to join in. Edwards will later recall, “He told me he would be coming back to Fort Riley to start his own military organization” with McVeigh and Fortier. “He said he could get any kind of weapon and any equipment he wanted. I can’t remember the name of his organization, but he seemed pretty serious about it.” [New York Times, 5/28/1995; Stickney, 1996, pp. 96, 101]
McVeigh Continues Army Career, Described as 'Strange,' 'Racist,' but 'Perfect Soldier' - McVeigh does not leave the Army so quickly. He achieves the rank of sergeant and becomes something of a “model soldier.” He plans on becoming an Army Ranger. However, few get to know him well; only his closest friends, such as Nichols, know of his passion for firearms, his deep-seated racism, or his hatred for the government. McVeigh does not see Nichols during the rest of his Army stint, but keeps in touch through letters and phone calls. Friends and fellow soldiers will describe McVeigh as a man who attempts to be the “perfect soldier,” but who becomes increasingly isolated during his Army career; the New York Times will describe him as “retreating into a spit-and-polish persona that did not admit nights away from the barracks or close friendships, even though he was in a ‘Cohort’ unit that kept nearly all the personnel together from basic training through discharge.” His friends and colleagues will recall him as being “strange and uncommunicative” and “coldly robotic,” and someone who often gives the least desirable assignments to African-American subordinates, calling them “inferior” and using racial slurs. An infantryman in McVeigh’s unit, Marion “Fritz” Curnutte, will later recall: “He played the military 24 hours a day, seven days a week. All of us thought it was silly. When they’d call for down time, we’d rest, and he’d throw on a ruck sack and walk around the post with it.” A fellow soldier, Todd Regier, will call McVeigh an exemplary soldier, saying: “As far as soldiering, he never did anything wrong. He was always on time. He never got into trouble. He was perfect. I thought he would stay in the Army all his life. He was always volunteering for stuff that the rest of us wouldn’t want to do, guard duties, classes on the weekend.” Sergeant Charles Johnson will later recall, “He was what we call high-speed and highly motivated.” McVeigh also subscribes to survivalist magazines and other right-wing publications, such as Guns & Ammo and his favorite, Soldier of Fortune (SoF), and keeps an arsenal of weapons in his home (see November 1991 - Summer 1992). Regier will later tell a reporter: “He was real different. Kind of cold. He wasn’t enemies with anyone. He was kind of almost like a robot. He never had a date when I knew him in the Army. I never saw him at a club. I never saw him drinking. He never had good friends. He was a robot. Everything was for a purpose.” [New York Times, 5/4/1995; Stickney, 1996, pp. 86; Serrano, 1998, pp. 30; Nicole Nichols, 2003] McVeigh is taken with the increasing number of anti-government articles and advertisements in SoF, particularly the ones warning about what it calls the impending government imposition of martial law and tyranny, and those telling readers how to build bombs and other items to use in “defending” themselves from government aggression. [Serrano, 1998, pp. 27-28] McVeigh is not entirely “by the book”; he knows his friend Michael Fortier is doing drugs, but does not report him to their superior officers. [PBS Frontline, 1/22/1996] McVeigh is promoted to sergeant faster than his colleagues; this is when he begins assigning the undesirable tasks to the four or five black specialists in the group, tasks that would normally be performed by privates. “It was well known, pretty much throughout the platoon, that he was making the black specialists do that work,” Regier will recall. “He was a racist. When he talked he’d mention those words, like n_gger. You pretty much knew he was a racist.” The black soldiers complain to a company commander, earning McVeigh a reprimand. Sergeant Anthony Thigpen will later confirm Regier’s account, adding that McVeigh generally refuses to socialize with African-Americans, and only reluctantly takes part in company functions that include non-whites. Captain Terry Guild will later say McVeigh’s entire company has problems with racial polarization, “[a]nd his platoon had some of the most serious race problems. It was pretty bad.” In April 1989, McVeigh is sent to Germany for two weeks for a military “change-up program.” While there, he is awarded the German equivalent of the expert infantryman’s badge. In November 1989, he goes home for Thanksgiving with Fortier, and meets Fortier’s mother Irene. In late 1990, McVeigh signs a four-year reenlistment agreement with the Army. [New York Times, 5/4/1995]
McVeigh Goes on to Serve in Persian Gulf War - McVeigh will serve two tours of duty in the Persian Gulf War, serving honorably and winning medals for his service (see January - March 1991 and After). Nichols and McVeigh will later be convicted of planning and executing the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: Ted Thorne, Terry Guild, Todd Regier, Terry Lynn Nichols, Robin Littleton, Michael Joseph Fortier, Charles Johnson, Glen Edwards, Marion (“Fritz”) Curnutte, Anthony Thigpen, Timothy James McVeigh, US Department of the Army

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

In a 7-1 ruling, the Supreme Court rules that the independent counsel law is Constitutional and valid. The ruling overturns a recent appeals court ruling striking down the law because it conflicts with the “unitary executive” theory of government (see January 1988). The ruling stuns the Reagan administration, who had fiercely argued against the independent counsel law, in part because conservative justice William Rehnquist authors the majority opinion. Only Reagan appointee Antonin Scalia votes in favor of the unitary executive. [Savage, 2007, pp. 46-49]

Entity Tags: Antonin Scalia, US Supreme Court, William Rehnquist, Reagan administration

Timeline Tags: Civil Liberties

James Nichols, a Michigan farmer, anti-government white separatist, and the brother of Terry Nichols (see March 24, 1988 - Late 1990), formulates a plan to use a “megabomb” to destroy an Oklahoma City federal building; an unnamed FBI informant will later tell the FBI that James Nichols specifically indicates the Murrah Federal Building. Nichols, who says he is upset over the US’s “role” in the terrorist bombing of Pan Am Flight 103, shares the plan with the informant, who will swear to the information in 1995, after James’s brother Terry Nichols is arrested for helping destroy the Murrah Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “[James] Nichols… made a specific reference to a federal building in Oklahoma City and began looking through the toolshed and workbench for a newspaper clipping depicting the Oklahoma City building,” the informant will say, according to an FBI affidavit. Nichols is unable to find the newspaper clipping, the informant will say, and instead draws a diagram remarkably similar to the Murrah Building. Nichols “later located a newspaper article containing a reference to the Federal Building in Oklahoma City and showed it” to the informer, the affidavit says. The informer is a regular visitor to the Nichols farm. [New York Times, 6/13/1995; Nicole Nichols, 2003] James Nichols routinely stamps US currency with red ink in a protest against the government, and calls his neighbors “sheeple” for obeying authority “like livestock.” A neighbor, Dan Stomber, will recall Nichols criticizing him and others for using drivers’ licences and Social Security cards, and for voting and paying taxes. “He said we were all puppets and sheeple,” Stomber will tell a reporter. “That was the first time I ever heard that word.” Stomber will not recall Nichols discussing any plans to bomb any federal buildings. [New York Times, 4/24/1995] After the Oklahoma City bombing, a friend of Nichols, an Indiana seed dealer named Dave Shafer, will tell authorities that Nichols showed him a diagram of a building remarkably similar to the Murrah Building, still under construction at the time, and said that building would be an excellent target. Shafer will say that he thought Nichols was joking. [Serrano, 1998, pp. 110] It is possible that Shafer and the unnamed FBI informant are the same person. Five years ago, a group of white supremacists had conceived of a plan to destroy the Murrah Building (see 1983).

Entity Tags: Terry Lynn Nichols, Murrah Federal Building, Federal Bureau of Investigation, Dave Shafer, James Nichols, Dan Stomber

Timeline Tags: US Domestic Terrorism

Khalil Deek.Khalil Deek. [Source: Ali Jarekji / Reuters]In 2007, the New Yorker magazine will note, “American intelligence officials had been investigating [Khalil] Deek and [Abu] Zubaida’s activities since at least the late eighties,” but it will not explain why. Deek is a Palestinian and naturalized US citizen living in California for most of the 1990s who will later reportedly mastermind several al-Qaeda bomb plots. [New Yorker, 1/22/2007] Abu Zubaida, the nom de guerre of Saudi-born Palestinian Zayn al-Abidin Muhammed Hussein (also spelled Zein al-Abideen Muhammad Hassan) [Washington Post, 4/22/2009] , joins the Palestinian uprising in 1987, when he is only sixteen years old. He then goes to Afghanistan, presumably joins with bin Laden, and fights there before the war ends in 1989. [Suskind, 2006, pp. 95] Between 1988 and 1996, Deek is apparently involved with the Islamic Association for Palestine (IAP), a US-based charity which the US government will later call a “front group” for the Palestinian militant group Hamas. The IAP is closely tied to the Holy Land Foundation, established near Dallas, Texas, in 1989 (see 1989), and it appears the foundation was investigated from very early on. Deek is living in Dallas that year. [Orange County Weekly, 5/31/2001] Palestinian militant activity through organizations like the IAP may explain why these two are investigated at this time, and/or the two may have engaged in other activities. Counterterrorism expert Rita Katz will later claim that the Jordanian government “knew about Deek since the early 1990s. They had a lot of interest in him. They really considered him a major terrorist figure.” [Orange County Weekly, 6/17/2004] Deek and Zubaida will later work together on a number of operations, for instance using the honey trade to ship drugs and weapons (see May 2000), and masterminding a millennium bomb plot in Jordan. [New Yorker, 1/22/2007]

Entity Tags: Khalil Deek, Holy Land Foundation for Relief and Development, Abu Zubaida, Rita Katz, Islamic Association for Palestine

Timeline Tags: Complete 911 Timeline

Ali Mohamed, a spy for bin Laden working in the US military, trains Islamic radicals in the New York area. Mohamed is on active duty at Fort Bragg, North Carolina, at the time, but he regularly comes to Brooklyn on the weekends to train radicals at the Al-Kifah Refugee Center, a charity connected to both bin Laden and the CIA. Lawyer Roger Savis will later say, “He came quite often and became a real presence in that [Al-Kifah] office, which later metastasized into al-Qaeda.… He would bring with him a satchel full of military manuals and documents. It was Ali Mohamed who taught the men how to engage in guerrilla war. He would give courses in how to make bombs, how to use guns, how to make Molotov cocktails.” Mohamed’s gun training exercises take place at five different shooting ranges. One series of shooting range sessions in July 1989 is monitored by the FBI (Mohamed apparently is not at those particular sessions in person) (see July 1989). Mohamed’s trainees include most of the future bombers of the World Trade Center in 1993. [Lance, 2006, pp. 47-49]

Entity Tags: Roger Savis, Al-Kifah Refugee Center, Ali Mohamed

Timeline Tags: Complete 911 Timeline

One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out).One of the Calverton surveillance photographs introduced as evidence in court (note that some faces have been blurred out). [Source: National Geographic]FBI agents photograph Islamic radicals shooting weapons at the Calverton Shooting Range on Long Island, New York. The radicals are secretly monitored as they shoot AK-47 assault rifles, semiautomatic handguns, and revolvers for four successive weekends. The use of weapons such as AK-47’s is illegal in the US, but this shooting range is known to be unusually permissive. Ali Mohamed is apparently not at the range but has been training the five men there: El Sayyid Nosair, Mahmud Abouhalima, Mohammed Salameh, Nidal Ayyad, and Clement Rodney Hampton-El. Nosair will assassinate Rabbi Meir Kahane one year later (see November 5, 1990) and the others, except Hampton-El, will be convicted of the 1993 World Trade Center bombing (see February 26, 1993), while Hampton-El will be convicted for a role in the “Landmarks” bombing plot (see June 24, 1993). Some FBI agents have been assigned to watch some Middle Eastern men who are frequenting the Al-Kifah Refugee Center in Brooklyn. Each weekend, Mohamed’s trainees drive from Al-Kifah to the shooting range and a small FBI surveillance team follows them. The FBI has been given a tip that some Palestinians at Al-Kifah are planning violence targeting Atlantic City casinos. By August, the casino plot will have failed to materialize and the surveillance, including that at the shooting range, will have come to an end. Author Peter Lance will later comment that the reason why the FBI failed to follow up the shooting sessions is a “great unanswered question.” [Lance, 2003, pp. 29-33; New York Times, 10/5/2003]

Entity Tags: Mahmud Abouhalima, Peter Lance, Mohammed Salameh, Nidal Ayyad, Federal Bureau of Investigation, Clement Rodney Hampton-El, El Sayyid Nosair, Calverton Shooting Range, Ali Mohamed, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

The newly appointed general counsels of each executive branch receive a memo from William Barr, the new head of the Justice Department’s Office of Legal Counsel (OLC). The memo, entitled “Common Legislative Encroachments on Executive Branch Authority,” details the top 10 ways in which, in Barr’s view, Congress tries to interfere with executive branch powers. The list includes:
bullet “4. Micromanagement of the Executive Branch”;
bullet “5. Attempts to Gain Access to Sensitive Executive Branch Information”;
bullet “9. Attempts to Restrict the President’s Foreign Affairs Powers.”
The memo unequivocally endorses the “unitary executive theory” of the presidency (see April 30, 1986), despite that theory’s complete rejection by the Supreme Court (see June 1988). Barr also reiterates the belief that the Constitution requires the executive branch to “speak with one voice”—the president’s—and tells the general counsels to watch for any legislation that would protect executive branch officials from being fired at will by the president, one of the powers that Barr and other unitary executive proponents believe has been illegally taken by Congress. “Only by consistently and forcefully resisting such congressional incursions can executive branch prerogatives be preserved,” Barr writes. Reflecting on Barr’s arguments, law professor Neil Kinkopf, who will later serve in the OLC under President Clinton, will later write: “Never before had the Office of Legal Counsel… publicly articulated a policy of resisting Congress. The Barr memo did so with belligerence, staking out an expansive view of presidential power while asserting positions that contradicted recent Supreme Court precedent. Rather than fade away as ill-conceived and legally dubious, however, the memo’s ideas persisted and evolved within the Republican Party and conservative legal circles like the Federalist Society.” [Savage, 2007, pp. 57-59]

Entity Tags: Federalist Society, Neil Kinkopf, US Department of Justice, William P. Barr, Office of Legal Counsel (DOJ), Republican Party

Timeline Tags: Civil Liberties

Ahmed Chalabi, the charismatic, MIT-educated head of Jordan’s Petra Bank, flees to London before charges can be filed against him in regards to the collapse of his bank (see August 2, 1989 and April 9, 1992). Unworried about the Jordanian charges, Chalabi, whose formerly wealthy family fled Iraq in 1958, establishes a loose grouping of Iraqi exiles called the Iraqi National Congress, with the aim of overthrowing Iraqi dictator Saddam Hussein. Chalabi has already forged ties with some US neoconservatives like Albert Wohlstetter and Richard Perle. Now he begins cultivating ties with other influential neoconservatives such as Paul Wolfowitz, James Woolsey, Douglas Feith, and Perle’s protege, David Wurmser. Chalabi makes the rounds of the symposia and conferences, and wins new allies in pro-Israeli think tanks such as the Jewish Institute for National Security Affairs (JINSA) and the Washington Institute for Near East Policy (WINEP). Chalabi’s appeal to the neoconservatives is directly linked to his support for Israel as a regional power. The new Iraq he will build, he promises, will have strong relations with Israel. He even declares his intention to rebuild the oil pipeline from Kirkuk to Haifa, which has been inoperative since the 1940s. The neoconservatives ignore his close ties with the Iranian Shi’ite theocracy, as well as the Petra Bank’s funding of the Lebanese Shi’ite militia Amal. Instead, the neoconservatives view Chalabi as a potential savior of the Middle East. Patrick Clawson of WINEP says, “He could be Iraq’s national leader.” [Unger, 2007, pp. 123-125]

Entity Tags: Jewish Institute for National Security Affairs, Albert Wohlstetter, Ahmed Chalabi, David Wurmser, Douglas Feith, Iraqi National Congress, Paul Wolfowitz, James Woolsey, Saddam Hussein, Washington Institute for Near East Policy, Patrick Clawson

Timeline Tags: Neoconservative Influence

Ali Mohamed’s US passport, issued in 1989.Ali Mohamed’s US passport, issued in 1989. [Source: US Justice Department] (click image to enlarge)Ali Mohamed is honorably discharged from the US Army with commendations in his file, including one for “patriotism, valor, fidelity, and professional excellence.” He remains in the Army Reserves for the next five years. [New York Times, 12/1/1998; Raleigh News and Observer, 10/21/2001] A US citizen by this time, he will spend much of his time after his discharge in Santa Clara, California, where his wife still resides. He will try but fail to get a job as an FBI interpreter, will work as a security guard, and will run a computer consulting firm out of his home. [San Francisco Chronicle, 9/21/2001]

Entity Tags: US Department of the Army, Ali Mohamed

Timeline Tags: Complete 911 Timeline

John Kiriakou, who will later make a crucial intervention in the US debate on the ethics of waterboarding (see December 10, 2007), joins the CIA. He will remain with the agency until 2004, and will also play a role in the Plame affair (see 4:30 p.m. June 10, 2003). [Mother Jones, 12/21/2007]

Entity Tags: John Kiriakou, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Misc Entries

Sheikh Omar Abdul-Rahman.Sheikh Omar Abdul-Rahman. [Source: FBI]Despite being on a US terrorist watch list for three years, radical Muslim leader Sheikh Omar Abdul-Rahman enters the US on a “much-disputed” tourist visa issued by an undercover CIA agent. [Village Voice, 3/30/1993; Atlantic Monthly, 5/1996; Lance, 2003, pp. 42] Abdul-Rahman was heavily involved with the CIA and Pakistani ISI efforts to defeat the Soviets in Afghanistan, and became famous traveling all over the world for five years recruiting new fighters for the Afghan war. The CIA gave him visas to come to the US starting in 1986 (see December 15, 1986-1989) . However, he never hid his prime goals to overthrow the governments of the US and Egypt. [Atlantic Monthly, 5/1996] FBI agent Tommy Corrigan will later say that prior to Abdul-Rahman’s arrival, “terrorism for all intents and purposes didn’t exist in the United States. But [his] arrival in 1990 really stoke the flames of terrorism in this country. This was a major-league ballplayer in what at the time was a minor-league ballpark. He was… looked up to worldwide. A mentor to bin Laden, he was involved with the MAK over in Pakistan.” The charity front Maktab al-Khidamat (MAK) is also known as Al-Kifah, and it has a branch in Brooklyn known as the Al-Kifah Refugee Center. The head of that branch, Mustafa Shalabi, picks up Abdul-Rahman at the airport when he first arrives and finds an apartment for him. Abdul-Rahman soon begins preaching at Al Farouq mosque, which is in the same building as the Al-Kifah office, plus two other locals mosques, Abu Bakr and Al Salaam. [Lance, 2006, pp. 53] He quickly turns Al-Kifah into his “de facto headquarters.” [Atlantic Monthly, 5/1996] He is “infamous throughout the Arab world for his alleged role in the assassination of Egyptian president Anwar Sadat.” Abdul-Rahman immediately begins setting up a militant Islamic network in the US. [Village Voice, 3/30/1993] He is believed to have befriended bin Laden while in Afghanistan, and bin Laden secretly pays Abdul-Rahman’s US living expenses. [Atlantic Monthly, 5/1996; ABC News, 8/16/2002] For the next two years, Abdul-Rahman will continue to exit and reenter the US without being stopped or deported, even though he is still on the watch list (see Late October 1990-October 1992).

Entity Tags: National Security Agency, Osama bin Laden, Meir Kahane, Omar Abdul-Rahman, Central Intelligence Agency, Al-Kifah Refugee Center, US Department of State, Abu Bakr Mosque, Al Farouq Mosque, Al Salaam Mosque, Anwar Sadat, World Trade Center

Timeline Tags: Complete 911 Timeline

The US military’s ‘Desert Shield’ logo.The US military’s ‘Desert Shield’ logo. [Source: Eagle Crest (.com)]The US officially begins “Operation Desert Shield” in response to Iraq’s invasion of Kuwait (see August 2, 1990) and Saudi Arabia’s request for US troops to defend it from possible Iraqi incursions. The first US forces, F-15 fighters from Langley Air Force Base in Virginia, arrive in Saudi Arabia (see August 5, 1990 and After). [PBS Frontline, 1/9/1996; American Forces Press Service, 8/8/2000] The US opens a military response to the Iraq invasion as much to defend Saudi Arabia as to defend Kuwait. Both the US and Saudis fear that Iraq will occupy Saudi Arabia’s Hama oil field near the countries’ mutual border, one of its largest. Between its own oil fields and those of Kuwait and Saudi Arabia which Iraq could feasibly control, Iraq would control the majority of the world’s oil reserves. Iraq would have difficulty in successfully occupying the Hama oil field, because of the large amount of inhospitable desert terrain it would have to cross to reach the field, and because of the likelihood of intense air strikes from the US-equipped Saudi Air Force. President Bush says the operation is “wholly defensive” in nature, a claim quickly abandoned. The US deploys two carrier groups and two battleship groups to the Persian Gulf, and deploys numerous Air Force units. Eventually, half a million American troops will join the other US forces. [NationMaster, 12/23/2007]

Entity Tags: US Department of the Air Force, George Herbert Walker Bush, US Department of the Navy

Timeline Tags: Events Leading to Iraq Invasion

In July 1990, the “Blind Sheikh,” Sheikh Omar Abdul-Rahman, was mysteriously able to enter the US and remain there despite being a well known public figure and being on a watch list for three years (see July 1990).
bullet In late October 1990, he travels to London, so he is out of the US when one of his followers assassinates the Zionist rabbi Meir Kahane on November 5, 1990 (see November 5, 1990). He returns to the US in mid-November under the name “Omar Ahmed Rahman” and again has no trouble getting back in despite still being on the watch list. [Washington Post, 7/13/1993]
bullet The State Department revokes his US visa on November 17 after the FBI informs it that he is in the US. [New York Times, 12/16/1990]
bullet In December 1990, Abdul-Rahman leaves the US again to attend an Islamic conference in Copenhagen, Denmark. He returns nine days later and again has no trouble reentering, despite not even having a US visa at this point. [Washington Post, 7/13/1993]
bullet On December 16, 1990, the New York Times publishes an article titled, “Islamic Leader on US Terrorist List Is in Brooklyn,” which makes his presence in the US publicly known. The Immigration and Nationalization Service (INS) is said to be investigating why he has not been deported already. [New York Times, 12/16/1990]
bullet Yet in April 1991, the INS approves his application for permanent residence.
bullet He then leaves the US again in June 1991 to go on the religious hajj to Mecca, Saudi Arabia, and returns on July 31, 1991. INS officials identify him coming in, but let him in anyway. [New York Times, 4/24/1993; Washington Post, 7/13/1993]
bullet In June 1992, his application for political asylum will be turned down and his permanent residence visa revoked. But INS hearings on his asylum bid are repeatedly delayed and still have not taken place when the WTC is bombed in February 1993 (see February 26, 1993). [Lance, 2003, pp. 105-106]
bullet Abdul-Rahman then goes to Canada around October 1992 and returns to the US yet again. The US and Canada claim to have no documentation on his travel there, but numerous witnesses in Canada see him pray and lecture there. Representative Charles Schumer (D-NY) says, “Here they spent all this time trying to get him out. He goes to Canada and gives them the perfect reason to exclude him and they don’t.”
bullet After the WTC bombing, the US could detain him pending his deportation hearing but chooses not to, saying it would be too costly to pay for his medical bills. [New York Times, 4/24/1993]
Abdul-Rahman will be involved in the follow up “Landmarks” plot (see June 24, 1993) before finally being arrested later in 1993. It will later be alleged that he was protected by the CIA. In 1995, the New York Times will comment that the link between Abdul-Rahman and the CIA “is a tie that remains muddy.” [New York Times, 10/2/1995]

Entity Tags: US Department of State, Meir Kahane, US Immigration and Naturalization Service, Omar Abdul-Rahman, Charles Schumer, Federal Bureau of Investigation, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Meir Kahane.Meir Kahane. [Source: Publicity photo]Egyptian-American El Sayyid Nosair assassinates controversial right-wing Zionist leader Rabbi Meir Kahane. Kahane’s organization, the Jewish Defense League, was linked to dozens of bombings and is ranked by the FBI as the most lethal domestic militant group in the US at the time. Nosair is captured after a police shoot-out. [Village Voice, 3/30/1993] Within hours, overwhelming evidence suggests that the assassination was a wide conspiracy but the US government will immediately declare that Nosair was a lone gunman and ignore the evidence suggesting otherwise (see November 5, 1990 and After). Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges) as investigators continue to ignore most of the evidence in his case which links to a wider conspiracy (see December 7, 1991). Nosair is connected to al-Qaeda through his job at the Al-Kifah Refugee Center, an al-Qaeda front (see 1986-1993). A portion of Nosair’s defense fund will be paid for by bin Laden, although this will not be discovered until some time later. [ABC News, 8/16/2002; Lance, 2003, pp. 34-37]

Entity Tags: Meir Kahane, Al-Qaeda, Al-Kifah Refugee Center, El Sayyid Nosair

Timeline Tags: Complete 911 Timeline

Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination.Invesigators remove boxes of evidence from El Sayyid Nosair’s residence hours after the assassination. [Source: National Geographic]US government agencies cover up evidence of a conspiracy in the wake of El Sayyid Nosair’s assassination of controversial right-wing Zionist leader Rabbi Meir Kahane (see November 5, 1990). Nosair is captured a few blocks from the murder site after a police shoot-out. An FBI informant says he saw Nosair meeting with Muslim leader Sheikh Omar Abdul-Rahman a few days before the attack, and evidence indicating a wider plot with additional targets is quickly found. [Village Voice, 3/30/1993] Later that night, police arrive at Nosair’s house and find a pair of Middle Eastern men named Mahmud Abouhalima and Mohammed Salameh there. They are taken in for questioning. Additionally, police collect a total of 47 boxes of evidence from Nosair’s house, including: [Lance, 2003, pp. 34-35]
bullet Thousands of rounds of ammunition.
bullet Maps and drawings of New York City landmarks, including the World Trade Center.
bullet Documents in Arabic containing bomb making formulas, details of an Islamic militant cell, and mentions of the term “al-Qaeda.”
bullet Recorded sermons by Sheikh Omar Abdul-Rahman in which he encourages his followers to “destroy the edifices of capitalism” and destroy “the enemies of Allah” by “destroying their… high world buildings.”
bullet Tape-recorded phone conversations of Nosair reporting to Abdul-Rahman about paramilitary training, and even discussing bomb-making manuals.
bullet Videotaped talks that Ali Mohamed delivered at the John F. Kennedy Special Warfare Center at Fort Bragg, North Carolina.
bullet Top secret manuals also from Fort Bragg. There are even classified documents belonging to the US Joint Chiefs of Staff and the Commander in Chief of the Army’s Central Command. These manuals and documents had clearly come from Mohamed, who completed military service at Fort Bragg the year before and frequently stayed in Nosair’s house.
bullet A detailed and top secret plan for Operation Bright Star, a special operations training exercise simulating an attack on Baluchistan, a part of Pakistan between Afghanistan and the Arabian Sea. [Raleigh News and Observer, 10/21/2001; Raleigh News and Observer, 11/13/2001; Wall Street Journal, 11/26/2001; ABC News, 8/16/2002; Lance, 2003, pp. 34-35]
bullet Also within hours, two investigators will connect Nosair with surveillance photographs of Mohamed giving weapons training to Nosair, Abouhalima, Salameh, and others at a shooting range the year before (see July 1989). [Lance, 2003, pp. 34-35] But, ignoring all of this evidence, still later that evening, Joseph Borelli, the New York police department’s chief detective, will publicly declare the assassination the work of a “lone deranged gunman.” He will further state, “I’m strongly convinced that he acted alone.… He didn’t seem to be part of a conspiracy or any terrorist organization.” The 9/11 Congressional Inquiry will later conclude, “The [New York Police Department] and the District Attorney’s office… reportedly wanted the appearance of speedy justice and a quick resolution to a volatile situation. By arresting Nosair, they felt they had accomplished both.” [Village Voice, 3/30/1993; Lance, 2003, pp. 34-36] Abouhalima and Salameh are released, only to be later convicted for participating in the 1993 bombing of the World Trade Center. Investigators will later find in Nosair’s possessions a formula for a bomb almost identical to one used in the WTC bombing. [New York Magazine, 3/17/1995] As one FBI agent will later put it, “The fact is that in 1990, myself and my detectives, we had in our office in handcuffs, the people who blew up the World Trade Center in ‘93. We were told to release them.” The 47 boxes of evidence collected at Nosair’s house that evening are stored away, inaccessible to prosecutors and investigators. The documents found will not be translated until after the World Trade Center bombing. Nosair will later be acquitted of Kahane’s murder (though he will be convicted of lesser charges), as investigators will continue to ignore all evidence that could suggest Nosair did not act alone (see December 7, 1991). [ABC News, 8/16/2002; Lance, 2003, pp. 34-37] District Attorney Robert Morgenthau, who prosecuted the case, will later speculate the CIA may have encouraged the FBI not to pursue any other leads. Nosair worked at the Al-Kifah Refugee Center which was closely tied to covert CIA operations in Afghanistan (see Late 1980s and After). [New York Magazine, 3/17/1995]

Entity Tags: Joseph Borelli, Mahmud Abouhalima, Meir Kahane, Federal Bureau of Investigation, El Sayyid Nosair, Al-Qaeda, Ali Mohamed, Central Intelligence Agency, Robert Morgenthau, Mohammed Salameh, Al-Kifah Refugee Center

Timeline Tags: Complete 911 Timeline

Counterterrorism expert Rohan Gunaratna will later write that Khalid Shaikh Mohammed (KSM) first “earned his spurs” in al-Qaeda by serving as one of Osama bin Laden’s first bodyguards. Then, in 1991, bin Laden sends KSM to the Philippines where he trains members of the militant groups Abu Sayyaf and the Moro Islamic Liberation Front (MILF) in bomb making and assassination. He works with bin Laden’s brother-in-law Mohammed Jamal Khalifa to establish an operational base there and also in Malaysia. Presumably he also works with his nephew Ramzi Yousef, who trains Abu Sayyaf militants the same year (see December 1991-May 1992). Gunaratna says that “After proving himself an outstanding organizer, [KSM] was given substantial operational authority and autonomy by bin Laden.” However, KSM’s work with the Abu Sayyaf and MILF is soon discovered and he “has been on the run since 1991.” KSM will return with Yousef to the Philippines in 1994 to exploit the network they built and develop the Bojinka plot (see January 6, 1995). [Gunaratna, 2003, pp. xxiv-xxix]

Entity Tags: Osama bin Laden, Abu Sayyaf, Mohammed Jamal Khalifa, Khalid Shaikh Mohammed, Ramzi Yousef, Moro Islamic Liberation Front

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bilal Philips.Bilal Philips. [Source: Lightuponlight.com]Shortly after the end of fighting in the US-led Persian Gulf war against Iraq, the US allows the Saudi government to conduct a massive program to convert US soldiers still stationed in Saudi Arabia (see March 1991) to Islam. Huge tents are erected near the barracks of US troops and Saudi imams lecture the soldiers about Islam and attempt to convert them. Within months, about 1,000 soldiers, and perhaps as many as 3,000, convert to Islam. Some US officials express concern about the aggressive conversion effort and the long term implications it may have, but the program is not stopped. Radical imam Bilal Philips helps lead the conversion effort. He will later explain that a special team of fluent English speakers, some trained in psychology, was amply paid by the Saudi government to convert the soldiers. Converts had their pilgrimages to Islamic holy cities paid for and Muslim imams were assigned to follow up with them when they returned to the US. Philips is openly hostile to the US, saying such things as, “Western culture led by the United States is an enemy of Islam.” He will later note that some of his converts went to fight in Bosnia and others were the subject of terrorism probes in the US. [US Congress, Senate, Committee on the Judiciary, 10/14/2003; Washington Post, 11/2/2003] Philips will work with the Saudi government and one of the “Landmarks” bombers to send 14 Muslim ex-US soldiers to fight in Bosnia in 1992 (see December 1992). Listed as an unindicted coconspirator in the 1993 WTC bombing, he will be deported from the US in 2004. [Australian Associated Press, 4/4/2007]

Entity Tags: Saudi Arabia, Bilal Philips, US Department of the Army

Timeline Tags: Complete 911 Timeline

Hambali, an important future al-Qaeda leader, moves to the village of Sungai Manggis, Malaysia, about an hour north of the capital of Kuala Lumpur. Hambali is from nearby Indonesia and fought in Afghanistan with Osama bin Laden in the late 1980s. He starts off poor, working at odd jobs, but soon is frequently traveling and has many overseas visitors. Intriguingly, Hambali’s landlord will later say of Hambali’s visitors, “Some looked Arab and others white.” Hambali plays a major role in the 1995 Bojinka plot in the Philippines (see January 6, 1995), and after that plot is foiled he continues to live in his simple Sungai Manggis house. [Time, 4/1/2002; Los Angeles Times, 9/1/2002] Living near Hambali in this village are other regional Islamist militant leaders such as Abdullah Sungkar, Imam Samudra (allegedly a key figure in the 2000 Christmas bombings (see December 24-30, 2000) and the 2002 Bali bombings (see October 12, 2002)), Abu Bakar Bashir, the spiritual leader of the al-Qaeda affiliate Jemaah Islamiyah, and Abu Jibril. So many militants live in this village that it becomes known as “Terror HQ” to intelligence agencies. Sungkar and Bashir are considered the two most well-known militant leaders in Southeast Asia at the time (Sungkar dies of old age in 1999). Hambali’s house is directly across from Bashir’s and they are considered friends. [Tempo, 10/29/2002; Ressa, 2003] Interestingly, Fauzi Hasbi, an Indonesian government mole posing as a militant leader, lives next door to Bashir as well. [SBS Dateline, 10/12/2005] Despite his role in the Bojinka plot, Hambali continues to live there very openly. Beginning in March 1995, just two months after the plot was foiled, Hambali throws his first feast for several hundred guests to mark a Muslim holiday. This becomes an annual party. He also sometimes travels to Indonesia. [Time, 4/1/2002] By May 1999, if not earlier, the FBI connects Hambali to the Bojinka plot (see May 23, 1999). In January 2000, he attends a key al-Qaeda summit in nearby Kuala Lumpur. The CIA gets pictures and video footage of him at the meeting and already has pictures of him from a computer linked to the Bojinka plot (see January 5-8, 2000 and January 5, 2000). However, there is no apparent effort to apprehend him, extradite him, or even put him on a public wanted list. He continues to live in Sungai Manggis until at least late 2000. [Conboy, 2003]

Entity Tags: Fauzi Hasbi, Abu Bakar Bashir, Hambali, Abdullah Sungkar, Jemaah Islamiyah, Abu Jibril, Imam Samudra

Timeline Tags: Complete 911 Timeline

In an unusually fiery speech, President George H. W. Bush tells an audience at Princeton University that he does not hold with Congressional attempts to limit presidential power. “The most common challenge to presidential powers comes from a predictable source,” he says, “the United States Congress.” Bush accuses lawmakers of trying to “micromanage” executive branch decisions, particularly in foreign policy (see July 27, 1989). He denounces Congress for attempting to, in his view, accumulate power at the expense of the executive branch by making excessive and unwarranted demands for information, and by “writing too-specific directions for carrying out a particular law.” Six of the 20 vetoes he has cast were to defend the presidency against such meddling, he asserts. And he criticizes Congress for passing bills containing indefensible earmarks and spending provisions; to curb such excesses, he demands a line-item veto. But he tempers his remarks: “The great joy and challenge of the office I occupy,” he concludes, “is that the president serves, not just as the unitary executive (see April 30, 1986), but hopefully as a unifying executive.” [Savage, 2007, pp. 59]

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

Elfatih Hassanein (center).Elfatih Hassanein (center). [Source: Magyar Iszlam]In 1987, a Sudanese man named Elfatih Hassanein found the Third World Relief Agency (TWRA). By mid-1991, Bosnian President Izetbegovic contacts Hassanein, who he has known since the 1970s. The two men agree to turn TWRA from an obscure charity into what the Washington Post will later call “the chief broker of black-market weapons deals by Bosnia’s Muslim-led government and the agent of money and influence in Bosnia for Islamic movements and governments around the world.” A banker in Vienna will later call Hassanein the “bagman” for Izetbegovic. “If the Bosnian government said we need flour, he ran after flour. If they said we need weapons, he ran after weapons.” [Washington Post, 9/22/1996; Schindler, 2007, pp. 148] The TWRA is controlled by a committee composed of Hassanein and:
bullet Hasan Cengic. He is in charge of arming a Bosnian militia run by the SDA party (see June 1991).
bullet Irfan Ljevakovic.
bullet Husein Zivalj.
bullet Dervis Djurdjevic.
All of them are important members of Izetbegovic’s SDA party, and all but Ljevakovic were codefendants with Izetbegovic in a 1983 trial. Most payments require the approval of three of the five, except for amounts greater than $500,000, in which case Izetbegovic has to give approval. The corruption from these higher-ups is said to be incredible, with up to half of all money passing through the TWRA going into their pockets. [Schindler, 2007, pp. 148-152] The TWRA is based in Vienna, Austria, and Izetbegovic personally guarantees Hassanein’s credentials with banks there. Soon, machine guns, missiles and other weapons are being shipped into Bosnia in containers marked as humanitarian aid. Hassanein is a member of Sudan’s government party and a follower of top Sudanese leader Hassan al-Turabi. Just like al-Turabi, he works with bin Laden and the “Blind Sheikh,” Sheikh Omar Abdul-Rahman. He becomes the main agent in Europe for marketing and selling video and audio tapes of Abdul-Rahman’s sermons. In March 1992, the Sudanese government gives him a diplomatic passport and he uses it to illegally transport large amounts of cash from Austria into Bosnia without being searched. [Burr and Collins, 2006, pp. 140-141] The Saudi Arabian government is the biggest contributor to TWRA, but many other governments give money to it too, such as Sudan, Iran, Pakistan, Brunei, Turkey, and Malaysia. Bin Laden is also a major contributor. [Washington Post, 9/22/1996] Author John Schindler will later note, “Relations between bin Laden and TWRA were close, not least because during the Bosnian war the al-Qaeda leadership was based in Khartoum, Sudan, under the protection of the Sudanese Islamist regime that was the ultimate backer of Hassanein and his firm.” TWRA also works closely with the International Islamic Relief Organization (IIRO) and most other charity fronts in Bosnia. [Schindler, 2007, pp. 151-152] A later study by the Bosnian government with help from Western intelligence agencies will determine that at least $2.5 billion passed through the TWRA to Bosnia between 1992 and 1995. The study will call the TWRA “a group of Bosnian Muslim wartime leaders who formed an illegal, isolated ruling oligarchy, comprising three to four hundred ‘reliable’ people in the military commands, the diplomatic service, and a number of religious dignitaries.… It was this organization, not the Government [of Bosnia], that controlled all aid that Islamic countries donated to the Bosnian Muslims throughout the war.” [Schindler, 2007, pp. 149-150]

Entity Tags: Omar Abdul-Rahman, Osama bin Laden, Dervis Djurdjevic, Alija Izetbegovic, Elfatih Hassanein, Hassan al-Turabi, Third World Relief Agency, Irfan Ljevakovic, Husein Zivalj, Hasan Cengic, International Islamic Relief Organization

Timeline Tags: Complete 911 Timeline

Ramzi Yousef, the future bomber of the WTC in 1993, stays in the Philippines and trains militants there in bomb-making. According to Philippine intelligence documents, Yousef had developed expertise in bomb-making and worked at a training camp at Khost, Afghanistan, teaching bomb-making for militants connected to bin Laden. But bin Laden dispatches him to the Philippines, where he trains about 20 militants belonging to the Abu Sayyaf group. Abu Sayyaf is heavily penetrated by Philippine undercover operatives at this time, especially Edwin Angeles, an operative who is the second in command of the group. Angeles will later recall that Yousef is introduced to him at this time as an “emissary from bin Laden.” [Strategic Studies Institute of the US Army War College, 9/1/2005 pdf file] Angeles also claims Yousef decided to use the Philippines as a “launching pad” for terrorist acts around the world. [New York Times, 9/6/1996] One of Abu Sayyaf’s top leaders will later recall that Yousef also brings a significant amount of money to help fund the group. [Philippine Daily Inquirer, 1/22/2007; CNN, 1/31/2007] A flow chart of Yousef’s associates prepared in early 1995 by Angeles’ Philippines handler Rodolfo Mendoza shows a box connected to Abu Sayyaf labeled “20 trainees/recruits.” So presumably the Philippine government is aware of this information by then, but it is not known when they warned the US about it (see Spring 1995). Yousef will also later admit to planning the 1993 WTC bombing at an Abu Sayyaf base, which most likely takes place at this time (see Early 1992). The ties between Yousef and Abu Sayyaf will grow stronger, culminating in the 1995 Bojinka plot (see January 6, 1995), an early version of the 9/11 plot.

Entity Tags: Ramzi Yousef, Abu Sayyaf, Edwin Angeles, Rodolfo Mendoza

Timeline Tags: Complete 911 Timeline

El Sayyid Nosair.El Sayyid Nosair. [Source: FBI]El-Sayyid Nosair is acquitted of killing Meir Kahane (see November 5, 1990), leader of the Jewish Defense League, but convicted of firearms offenses connected with his shooting of two witnesses during his attempt to flee. The judge will declare that the acquittal verdict “defie[s] reason” and sentence Nosair to 22 years by applying maximum sentences to his convictions on the other charges. [Village Voice, 3/30/1993; Independent, 11/1/1998; Lance, 2003, pp. 65] The prosecution of Nosair was hobbled by the US government’s absolute refusal to acknowledge the possibility that the murder was anything other than the work of a “lone deranged gunman” despite information gained during the course of the investigation provided by an FBI operative that he had “very close” ties to the radical imam Sheikh Omar Abdul-Rahman. Many boxes of evidence that could have sealed Nosair’s guilt on the murder charge and also shown evidence of a larger conspiracy were not allowed as evidence. [Village Voice, 3/30/1993; Miller, Stone, and Mitchell, 2002, pp. 44-46] A portion of Nosair’s defense fund is paid for by bin Laden, but this will not be discovered until some time later. [ABC News, 8/16/2002] District Attorney Robert Morgenthau, who prosecuted the case, will later speculate the CIA may have encouraged the FBI not to pursue any other leads. Nosair worked at the Al-Kifah Refugee Center which was closely tied to covert CIA operations in Afghanistan (see Late 1980s and After). [New York Magazine, 3/17/1995]

Entity Tags: El Sayyid Nosair, Osama bin Laden, Omar Abdul-Rahman, Meir Kahane, Robert Morgenthau

Timeline Tags: Complete 911 Timeline

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