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Senator and former presidential candidate John McCain (R-AZ), a strong opponent of torture (see July 24, 2005 and After, October 1, 2005, November 21, 2005, December 13, 2005, December 15, 2005, and April 20, 2009), says that the US must “move on” from the Bush era of torture and not investigate the Bush administration’s torture policies. McCain refuses to support Democratic calls to impeach former Justice Department official Jay Bybee, who authored several of the torture memos (see August 1, 2002 and August 1, 2002), even as he acknowledges Bybee broke the law. McCain says: “He falls into the same category as everybody else as far as giving very bad advice and misinterpreting, fundamentally, what the United States is all about, much less things like the Geneva Conventions. Look, under President Reagan we signed an agreement against torture. We were in violation of that.” McCain says that “no one has alleged, quote, wrongdoing” on the part of Bush officials such as Bybee, saying only that they gave “bad advice” to Bush and other senior officials. [Think Progress, 4/26/2009]

Entity Tags: John McCain, Bush administration (43), Jay S. Bybee

Timeline Tags: Torture of US Captives

Der Spiegel reports new evidence proving that the CIA ran a secret prison in Poland and tortured prisoners there. The prison is identified as the Polish military airbase of Stare Kiejkuty, about an hour’s drive north of the Szymany military airbase. One of the most well-known of the “high-value” prisoners kept there was accused 9/11 plotter Khalid Shaikh Mohammed, who was tortured (see March 7 - Mid-April, 2003) and waterboarded (see After March 7, 2003) in the facility. A Gulfstream N379P jet, known to Polish investigators as the “torture taxi,” landed at least five times at Szymany between February and July 2003. According to Der Spiegel, “Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.” A witness told the public prosecutor’s office in Warsaw of seeing people wearing handcuffs and blindfolds being led from the aircraft at Szymany, far from the control tower. The witness said it was always the same individuals and the same civilian vehicles that stood waiting on the landing field. Mohammed told delegates from the International Committee of the Red Cross (ICRC) that most of the group at the airfield wore ski masks, presumably to avoid being identified. “On arrival the transfer from the airport to the next place of detention took about one hour,” he told the ICRC. “I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people.” Robert Majewski, the Warsaw public prosecutor who took the witness statement cited above, has been investigating former Polish Prime Minister Leszek Miller’s government on allegations of abuse of office. One of the issues surrounding the Miller administration is its alleged secret cooperation with the CIA, and its alleged granting of free rein to the agency over the Stare Kiejkuty military base for its extraterritorial rendition program and torture interrogations. Majewski is also investigating whether the Polish intelligence agency, WSI, made 20 of its agents available to the CIA. Recently, two Polish journalists, Mariusz Kowalewski and Adam Krzykowski, have discovered flight record books from Szymany that had been declared lost. Based on these documents, and on a number of interviews with sources, the two journalists have put together a patchwork of evidence pointing to the CIA’s use of Stare Kiejkuty for secret rendition and torture purposes. They say that they lack a final piece of proof—that CIA interrogator Deuce Martinez, one of the primary interrogators of Mohammed, was in Poland at the time of Mohammed’s detention in Stare Kiejkuty. Rumors abound of Martinez’s presence, but Kowalewski and Krzykowski lack the evidence to prove it. Much of Kowalewski and Krzykowski’s reporting has been confirmed by a 2007 investigation conducted by the special investigator for the Council of Europe, Dick Marty. A WSI official told the Marty investigators, “The order to give the CIA everything they needed came from the very top, from the president,” meaning former President Aleksander Kwasniewski, who denies the allegation. The CIA has always denied any knowledge of, or involvement with, such a facility. [Der Spiegel (Hamburg), 4/27/2009]

Entity Tags: Khalid Shaikh Mohammed, Der Spiegel, Central Intelligence Agency, Aleksander Kwasniewski, Adam Krzykowski, Deuce Martinez, International Committee of the Red Cross, Dick Marty, Robert Majewski, Leszek Miller, Mariusz Kowalewski, Eurocontrol, Stare Kiejkuty, Wojskowe Sluzby Informacyjne

Timeline Tags: Torture of US Captives

Former Bush National Security Adviser and Secretary of State Condoleezza Rice, who has returned to Stanford University to teach political science and serve as a senior fellow at the university’s conservative Hoover Institute [Stanford University News, 1/28/2009] , refuses to take any responsibility for the Bush administration’s torture policies. All she ever did, she tells students, was “convey… the authorization of the administration” (see Late 2001-Early 2002, April 2002 and After, Mid-May, 2002, July 17, 2002, September or October 2002, Summer 2003, May 3, 2004, and April 9, 2008). However, Rice adds, since President Bush authorized the torture program, it was by definition legal, no matter what domestic law or international treaties stipulated. “The president instructed us that nothing we would do would be outside of our obligations, legal obligations under the Convention Against Torture” (see October 21, 1994), she says. “So that’s—and by the way, I didn’t authorize anything. I conveyed the authorization of the administration to the agency, that they had policy authorization, subject to the Justice Department’s clearance. That’s what I did.” Asked if waterboarding constitutes torture, Rice responds: “I just said, the United States was told, we were told, nothing that violates our obligations under the Convention Against Torture. And so by definition, if it was authorized by the president, it did not violate our obligations under the Convention Against Torture.” Ali Frick, a reporter with the progressive news Web site Think Progress, writes in response: “Rice is attempting to hide her central role in approving torture.… Rice’s opinion that a presidential authorization—‘by definition’—grants something legality is deeply disturbing. In fact, the United States—and its president—are bound by US statute and international treaties that ban the use of cruel, humiliating, degrading treatment, the infliction of suffering, and the attempt to extract coerced confessions. Memo to Rice: Bush may have been ‘the Decider,’ but he didn’t have the authority to make an illegal act magically legal.” [Think Progress, 4/30/2009] In the same conversation, Rice seems to say that al-Qaeda poses a greater threat to the US than did Nazi Germany, and again denies that the US ever tortured anyone. A student asks, “Even in World War II facing Nazi Germany, probably the greatest threat that America has ever faced—” and Rice interjects, “Uh, with all due respect, Nazi Germany never attacked the homeland of the United States.” “No, but they bombed our allies—” the student replies, and Rice once again interrupts: “No, just a second, just a second. Three thousand Americans died in the Twin Towers and the Pentagon [referring to the 9/11 attacks].” The student observes, “500,000 died in World War II—” to which Rice replies, “Fighting a war in Europe.” The student continues, ”—and yet we did not torture the prisoners of war.” Rice says, “We didn’t torture anybody here either.” [Think Progress, 4/30/2009]

Entity Tags: US Department of Justice, Bush administration (43), Ali Frick, Al-Qaeda, Convention Against Torture, George W. Bush, Condoleezza Rice

Timeline Tags: Torture of US Captives

Former Nixon White House counsel John Dean says that former Secretary of State Condoleezza Rice may have unwittingly admitted to being part of a criminal conspiracy in regards to the Bush administration’s torture policies. Rice recently told students at Stanford University that she did not authorize any torture policies, she merely forwarded the authorization for them from higher up (see April 28, 2009). Dean tells MSNBC talk show host Keith Olbermann that she may have admitted to a criminal conspiracy. Dean calls Rice’s comments “surprising,” and says she has mired herself in the possibility of legal proceedings. “She tried to say she didn’t authorize anything, then proceeded to say she did pass orders along to the CIA to engage in torture if it was legal by the standard of the Department of Justice,” Dean says. “This really puts her right in the middle of a common plan, as it’s known in international law, or a conspiracy, as it’s known in American law, and this indeed is a crime. If it indeed happened the way we think it did happen.… These kinds of statements are going to come back and be interesting to any investigator.” Dean says that President Obama will stand in violation of the Geneva Conventions if he refuses to prosecute those found responsible for the torture policies. “He is indeed in violation if the United States does not undertake investigation of this, or ultimately prosecution, if that’s necessary,” Dean says. “It’s not only the Geneva Convention, the Convention Against Torture (see October 21, 1994) also requires this. There are no exceptions with torture. There are no real things like ‘torture light.’ The world community I think is going to hold the United States responsible, and if we don’t proceed, somebody is going to proceed.” [Raw Story, 5/1/2009; MSNBC, 5/1/2009]

Entity Tags: Geneva Conventions, Barack Obama, Bush administration (43), John Dean, Condoleezza Rice, Keith Olbermann, Convention Against Torture

Timeline Tags: Torture of US Captives

The announcement that Supreme Court Justice David Souter is retiring is already sparking a tremendous fundraising effort among conservative opposition groups, according to the Congressional Quarterly. “This is a nuclear weapon for the conservatives out there,” says conservative fundraiser Dan Morgan. “When you do fundraising, there’s an emotional component in this, and boy the emotion is there magnified times 100.” President Obama is expected to choose a replacement for Souter who is somewhat left of center, a choice that will be portrayed by right-wing groups as a threat to their positions on abortion, gun rights, gay marriage, and property rights, among other “hot-button” social and legal issues (see May 26, 2009). The upshot: lots of money gathered to oppose Obama’s prospective nominee. “Although Souter may be a more difficult case to make as his voting record is center-left, it does open the door for discussion of who, and how left a replacement, President Obama may choose,” says veteran Republican fundraiser Linus Catignani. “It also gives clarity to the power of the presidency and generates lots of chatter regarding the fact that Obama may make up to four replacements in short order. That obviously paints a very scary picture for many conservatives.” Catignani says that when conservative Justices John Roberts and Samuel Alito (see September 29, 2005 and October 31, 2005 - February 1, 2006) were nominated, Republican fundraisers used them as touchstones for their efforts to gather money—that time in the interest of promoting and defending the nominees. Democrats used their nominations to raise funds in opposition, much as Republicans are doing now, and Democrats will use the nomination to raise funds in defense of Obama’s nominee. Souter’s replacement will energize and invigorate a flagging and dispirited conservative base, says former Democratic National Committee Chairman Steve Grossman. “This can be a catalyst properly handled that can get people back into a sense of stakeholdership.” It can also be used to energize Democrats to fund efforts to thwart the Republicans’ own efforts to derail the nomination. Morgan says: “The Supreme Court is great. That’s going to be mail, that’s going to be phone calls. The clients I work with are in meetings already. There are letters being written already.” [Congressional Quarterly, 5/1/2009]

Entity Tags: Linus Catignani, Barack Obama, David Souter, Sonia Sotomayor, Dan Morgan, Steve Grossman, US Supreme Court

Timeline Tags: Civil Liberties

New Republic legal correspondent Jeffrey Rosen, a law professor at George Washington University, writes an analysis of appeals court judge Sonia Sotomayor, considered by many to be a leading candidate to replace retiring Justice David Souter on the Supreme Court.
Rose from Poverty to Consideration for High Court - Rosen gives a brief biographical sketch of Sotomayor, whom he labels as a “compelling” candidate both for her legal accomplishments and her life story. Sotomayor is the daughter of poor Puerto Rican immigrants, grew up in the South Bronx, and graduated with high academic honors from Princeton and Yale. She has served as a prosecutor, a corporate litigator, and a judge. If nominated and confirmed, Sotomayor would be the Court’s first Hispanic member and only its third female member. She has the support of both New York senators, Democrats Charles Schumer and Kirsten Gillibrand.
Conflicting Opinions Largely from Anonymous Sources - Rosen notes that her former clerks praise her as “demanding but thoughtful” and “commit[ted] to legal fairness,” a “rule-bound pragmatist—very geared toward determining what the right answer is and what the law dictates, but her general approach is, unsurprisingly, influenced by her unique background.” Rosen quotes several anonymous sources—“nearly all… former law clerks… or former federal prosecutors in New York”—who, he says, question “her temperament, her judicial craftsmanship, and most of all, her ability to provide an intellectual counterweight to the conservative justices, as well as a clear liberal alternative.” According to one former law clerk, Sotomayor is “not that smart and kind of a bully on the bench,” egotistical, and “domineering.” In contrast, one of his named sources, fellow Second Circuit appeals court judge Jose Cabranes, said of her, “She is not intimidated or overwhelmed by the eminence or power or prestige of any party, or indeed of the media.” Anonymous sources tell Rosen that Sotomayor is more apt to quibble with a colleague’s grammar and syntax rather than the focus of their legal arguments. Another former clerk praises Sotomayor for being tough-minded and “impressive.” Rosen admits that he has not read enough of Sotomayor’s opinions “to have a confident sense of them,” nor has he “talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths. It’s possible that the former clerks and former prosecutors I talked to have an incomplete picture of her abilities. But they’re not motivated by sour grapes or by ideological disagreement—they’d like the most intellectually powerful and politically effective liberal justice possible. And they think that Sotomayor, although personally and professionally impressive, may not meet that demanding standard.” Rosen concludes that President Obama would be taking an unnecessary “gamble” by nominating her to the high court. [New Republic, 5/4/2009]
Repercussions of Analysis - Rosen’s column triggers several demeaning characterizations of Sotomayor in the conservative press (see May 4, 2009 and May 5, 2009), characterizations that will intensify when she is nominated for the Court (see May 26, 2009). His use of anonymous sources to base his negative coverage will be repudiated by a number of critics (see May 5, 2009).

Entity Tags: Charles Schumer, Kirsten Gillibrand, Sonia Sotomayor, US Supreme Court, Jose Cabranes, Jeffrey Rosen

Timeline Tags: Civil Liberties, Domestic Propaganda

Atlantic columnist Ta-Nehisi Coates lambasts law professor Jeffrey Rosen for his recent analysis of prospective Supreme Court nominee Sonia Sotomayor (see May 4, 2009). Citing Rosen’s line, “I haven’t read enough of Sotomayor’s opinions to have a confident sense of them, nor have I talked to enough of Sotomayor’s detractors and supporters, to get a fully balanced picture of her strengths,” Coates responds: “Rosen is attacking Sotomayor’s ability to do the necessary intellectual heavy-lifting, while explicitly neglecting to do any of his own. In this instance, his piece reads like a burglar’s brief against rampant criminality. Authored mid-robbery, no less.” She also slams her Atlantic colleague Marc Ambinder’s criticisms of Sotomayor (see May 5, 2009), noting, “You don’t get to be the ‘respectable intellectual center’ and then practice your craft in the gossip-laden, ignorant muck.” [Atlantic Monthly, 5/5/2009] Former civil litigator Glenn Greenwald joins Coates in criticizing the early attacks on Sotomayor. Greenwald calls Rosen’s reliance on anonymous sources to attack Sotomayor’s character and professional conduct “shoddy, irresponsible, and… intellectually irresponsible,” and cites several instances where Rosen’s reporting has been countered by sources willing to go on the record. Greenwald writes of his amazement at how quickly Sotomayor has been “transformed in conventional wisdom, largely as a result of Rosen’s piece, into a stupid, shrill, out-of-her-depth Puerto Rican woman who is being considered for the Supreme Court solely due to anti-merit, affirmative action reasons.” Greenwald writes that he twice faced Sotomayor in court, and found her “extremely perceptive, smart, shrewd, and intellectually insightful.” She could be forceful, “at times unpleasantly so,” he recalls, and remembers being dressed down by her for a “substantial procedural mistake” he committed, but notes that such behavior by judges “is the opposite of uncommon.” Greenwald writes that behavior usually characterized as “tough,” “forceful,” and “authoritative” by white males is often reworked into characterizations of “domineering” and “egotistical” when the same behaviors are exhibited by women. Greenwald also notes that Rosen was one of the strongest media voices in favor of the nomination of conservative jurist John Roberts (see September 29, 2005) to the Court. [Salon, 5/5/2009] Less than a month later, Sotomayor will be nominated to the Court (see May 26, 2009).

Entity Tags: Glenn Greenwald, Sonia Sotomayor, Ta-Nehisi Coates, US Supreme Court, Marc Ambinder, Jeffrey Rosen

Timeline Tags: Domestic Propaganda

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

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

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

Tom Goldstein, a veteran lawyer who maintains the Supreme Court-focused, nonpartisan “SCOTUSblog,” writes that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) will be the focus of caricatures and character attacks from the right, just as Justices Samuel Alito (see October 31, 2005 - February 1, 2006) and John Roberts (see September 29, 2005) were from the left. Goldstein’s assessment is echoed by ABC’s “The Note,” an influential daily political newsletter. Goldstein, who has argued cases before the Court over 20 times, writes that barring some serious revelation of ethical violations, Sotomayor is almost guaranteed to be confirmed by the Senate, but before that, she will be subjected to attacks from what he calls “committed ideologues.” Few “mainstream Republican politicians will vocally join the criticism,” he predicts. In a political sense, it would be disastrous for Republicans to mount serious opposition to a Hispanic woman, or Latina. “To Hispanics, the nomination would be an absolutely historic landmark,” Goldstein writes. “It really is impossible to overstate its significance. The achievement of a lifetime appointment at the absolute highest levels of the government is a profound event for that community, which in turn is a vital electoral group now and in the future.” Such attacks would comprise “a strategy that risks exacting a very significant political cost among Hispanics and independent voters generally, assuming that the attacks aren’t backed up with considerable substance.” The attacks will come from any of four major areas, Goldstein predicts. [Tom Goldstein, 5/26/2009]
Attacks Led by Conservatives outside Congress - ABC’s Jonathan Karl agrees. He writes: “At the start, Senate Republicans will likely make innocuous statements about the need to thoroughly review her record, but make no mistake, GOP leaders, with a big assist from outside conservative groups, will wage a vigorous campaign against this nomination.… Senate Republicans don’t expect to defeat the Sotomayor nomination. But they hope to raise enough questions about the nomination to make it a tough vote for Democratic senators in more conservative states. They will also use the confirmation battle as an opportunity to motivate a demoralized Republican base” (see May 1, 2009). [ABC News, 5/26/2009]
Attacks on Sotomayor's Intellect - The first series of attacks, Goldstein writes, will focus on the claim that she “is not smart enough for the job.” He writes that this is a powerful line of argument with an equally strong potential for backlash, so it will be handled carefully and obliquely. Unfortunately for this position, he writes, “Sotomayor is in fact extremely intelligent.” She graduated at the top of her class at Princeton, and her judicial opinions “are thorough, well-reasoned, and clearly written. Nothing suggests she isn’t the match of the other Justices.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and May 31, 2009).
'Liberal Ideologue and Judicial Activist' - The second line of attack will be purely ideological, focusing on the claim that she is a “liberal ideologue” and a “judicial activist.” While Sotomayor would be on the left of the Court, Goldstein writes, she is hardly a radical liberal. She is very similar to the man she is slated to replace, Justice David Souter, as a moderate, centrist liberal. Her appellate opinions as reviewed by the Court put her squarely with the left-center wing of the current Court. Karl writes, “They will call her an ‘activist’ judge intent on making law from the bench, not interpreting law.” Their predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, and June 3, 2009).
Intolerant of Positions Contrary to Her Own - The third wave of attack will claim, Goldstein writes, that she is intolerant of positions with which she disagrees. Proponents of this line of attack will focus on a decision she wrote that upheld affirmative action laws to the detriment of white firefighters, on a panel appearance in which she acknowledged that appellate judges sometimes make public policy, and a speech where she talked about the role her gender and ethnicity played in her decision-making. They will also focus, Karl notes, on a 2002 speech where she said the sex and ethnic origin of a judge can affect their decisions. Sotomayor said, “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life” (see October 26, 2001). “These reeds are too thin for that characterization to take hold,” Goldstein writes. The public “is easily able to accept a judge’s recognition of the lawmaking effects of her decisions and the influences of her background. There just isn’t any remotely persuasive evidence that Judge Sotomayor acts lawlessly or anything of the sort.” Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 26, 2009, May 26, 2009, May 29, 2009, and June 3, 2009). [ABC News, 5/26/2009; Tom Goldstein, 5/26/2009]
Personality Characteristics - The fourth wave of attacks will characterize her as, Goldstein writes, “gruff and impersonable,” based on some excerpts from oral arguments and a few anonymous criticisms voiced in the “Almanac of the Federal Judiciary.” Sotomayor can easily quash these attacks with a few well-turned statements in the public eye. From his own experiences arguing cases before the Court, Goldstein believes Sotomayor is similar in demeanor and temperment to Justices Roberts, Souter, and Antonin Scalia. Goldstein’s predictions are reflected in a number of public columns and commentaries (see May 27, 2009. May 29, 2009, and June 3, 2009).
Missed Line of Attack - Neither Goldstein nor Karl write about the direct attacks on Sotomayor’s race and gender that some conservatives will launch (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009. May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009). Goldstein’s own analysis of Sotomayor’s rulings will thoroughly disprove the allegations of racial bias (see May 29, 2009).
Conclusion - Goldstein concludes, “All in all… her easy confirmation seems assured.” [Tom Goldstein, 5/26/2009]

Entity Tags: David Souter, Sonia Sotomayor, Jonathan Karl, US Supreme Court, Thomas Goldstein, ABC News

Timeline Tags: Domestic Propaganda

Salon columnist Glenn Greenwald notes that in 2006, conservative Supreme Court nominee Samuel Alito (see October 31, 2005 - February 1, 2006) made remarks about his ethnic identity influencing his decisions from the bench that are strikingly similar to those made in 2001 by Supreme Court nominee Sonia Sotomayor (see October 26, 2001 and May 26, 2009). Sotomayor is being called a “racist” by conservatives based on her remarks (see May 26, 2009, May 26, 2009, May 27, 2009, and May 28, 2009). In 2006, as Greenwald notes, Alito told the Senate Judiciary Committee: “[W]hen a case comes before me involving, let’s say, someone who is an immigrant—and we get an awful lot of immigration cases and naturalization cases—I can’t help but think of my own ancestors, because it wasn’t that long ago when they were in that position. And so it’s my job to apply the law. It’s not my job to change the law or to bend the law to achieve any result. But when I look at those cases, I have to say to myself, and I do say to myself, ‘You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country.‘… When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.” Greenwald writes, “Anyone who is objecting now to Sotomayor’s alleged ‘empathy’ problem but who supported Sam Alito and never objected to this sort of thing ought to have their motives questioned (and the same is true for someone who claims that a person who overcame great odds to graduate at the top of their class at Princeton, graduate Yale Law School, and then spent time as a prosecutor, corporate lawyer, district court judge, and appellate court judge must have been chosen due to ‘identity politics’).” [Washington Post, 1/11/2006; Salon, 5/27/2009]

Entity Tags: Samuel Alito, Glenn Greenwald, US Supreme Court, Sonia Sotomayor, Senate Judiciary Committee

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

Republican National Committee chairman Michael Steele, guest-hosting William Bennett’s radio show, says that Republicans should not attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009) over her race (see May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, May 28, 2009, and May 28, 2009). Doing so risks damaging the Republican Party’s image, he says. Steele, who is an African-American, warns that the “liberal media,” and particularly MSNBC, will use the racially motivated attacks to paint Republicans as bigots. “MSNBC will rip everything we have to say up into shreds,” he says. “I’m excited that a Hispanic woman is in this position,” he says. Republicans should stop “slammin’ and rammin’” on Sotomayor, and instead “acknowledge” the “historic aspect” of the pick and make a “cogent, articulate argument” against her for purely substantive reasons. Steele says the party doesn’t want to “get painted as a party that’s against the first Hispanic woman” picked for the Supreme Court. Democrats have made similar attacks on conservative candidates in the past, Steele avers, and says that the “liberal media” gave Democrats an unfair advantage in such controversies. Steele does not mention two of the loudest voices in the racially-based attacks against Sotomayor, former House Speaker Newt Gingrich and conservative radio host Rush Limbaugh. Washington Post columnist Greg Sargent writes: “It’s a reminder of Steele’s predicament: He knows how badly these attacks are damaging the party and how neatly they play into the hands of Dems, but he can’t call out the leading figures launching those attacks, because that risks infuriating the base and feeding the meme that the GOP is hopelessly divided.” [Plum Line, 5/29/2009] Two weeks before, while hosting Bennett’s show, Steele had attacked Sotomayor’s intellect and personality, calling her “not a bell ringer” and “abrasive.” [Think Progress, 5/29/2009] A week later, while hosting Bennett’s show, Steele will say, “God help you if you’re a white male coming before her bench” (see June 5, 2009).

Entity Tags: Republican Party, Sonia Sotomayor, MSNBC, Greg Sargent, US Supreme Court, Michael Steele

Timeline Tags: Domestic Propaganda

Right-wing pundit Pat Buchanan continues to attack Supreme Court nominee Sonia Sotomayor (see May 26, 2009), this time during an appearance on C-SPAN’s Washington Journal. Buchanan continues his allegations that Sotomayor is an “affirmative action nominee” (see May 28, 2009), and mocks her recent discussion of her difficulties with the English language: Sotomayor told a New York Times reporter that during her first years in college, she honed her English skills by reading children’s books, practiced with lower-level grammar books, and worked with a professor who provided her tutoring in the language. Buchanan says in reference to the article: “Well I, again in that Saturday piece, she went to Princeton. She graduated first in her class it said. But she herself said she read, basically classic children’s books to read and learn the language and she read basic English grammars and she got help from tutors. I think that, I mean if you’re, frankly if you’re in college and you’re working on Pinocchio or on the troll under the bridge, I don’t think that’s college work.” The article did not characterize her outside, self-directed remedial work with English as “college work.” Amanda Terkel, a reporter for left-leaning Think Progress, will note: “Buchanan has long claimed that Hispanic immigrants are resistant to learning English and has said that it would be easier for them to ‘assimilate’ if they did so.… So basically, Buchanan yells when Hispanics are allegedly unwilling to learn English. However, when they make an attempt to do so, he mocks them as being dumb.” [New York Times, 5/30/2009; Think Progress, 6/1/2009]

Entity Tags: US Supreme Court, Sonia Sotomayor, Amanda Terkel, Patrick Buchanan

Timeline Tags: Domestic Propaganda

Former George H. W. Bush speechwriter Peggy Noonan joins the ranks of Republicans (see May 28-31, 2009, May 29, 2009, and May 29, 2009) asking for a more moderate and less inflammatory tone in recent criticisms of Supreme Court nominee Sonia Sotomayor (see May 26, 2009 and May 26, 2009). Republicans should “play grown-up,” she advises, in opposing the Sotomayor nomination, and notes that her background—disadvantaged, Hispanic, female—makes her dangerous to oppose too vehemently: “Politically she’s like a beautiful doll containing a canister of poison gas: Break her and you die.” Noonan continues: “New York is proud of her; I’m proud of our country and grateful at its insistence, in a time when some say the American dream is dead, that it most certainly is not. The dream is: You can come from any place or condition, any walk of life, and rise to the top, taking your people with you, in your heart and theirs. Maybe that’s what they mean by empathy: Where you come from enters you, and you bring it with you as you rise. But if that’s what they mean, then we’re all empathetic. We’re the most fluid society in human history, but no one ever leaves their zip code in America, we all take it with us. It’s part of our pride. And it’s not bad, it’s good.” Noonan calls Republicans who launch virulent attacks on her racial heritage or gender “idiots,” and writes that instead of “exciting the base,” as one Republican strategist has said the attacks will do, “How about excit[ing] a moderate, or interest[ing] an independent? How about gain[ing] the attention of people who aren’t already on your side? The base is plenty excited already, as you know if you’ve ever read a comment thread on a conservative blog.… They don’t need to be revved, they’re already revved. Newt Gingrich twitters that Judge Sotomayor is a racist (see May 27, 2009). Does anyone believe that? He should rest his dancing thumbs, stop trying to position himself as the choice and voice of the base in 2012, and think.… The choice for Republicans isn’t between ‘attack’ and ‘roll over.’ It’s broader than that, and more interesting. There’s a new and fresh opportunity here for Republicans in the Senate to be serious, and, in their seriousness, to be seen and understood in a new light.” [Wall Street Journal, 6/1/2009]

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

Timeline Tags: Domestic Propaganda

A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo.A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. [Think Progress, 6/2/2009]

Entity Tags: National Council of La Raza, Council of Conservative Citizens, US Supreme Court, Sonia Sotomayor, Southern Poverty Law Center

Timeline Tags: Domestic Propaganda

After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. [Politico, 6/3/2009] On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” [Think Progress, 6/3/2009]

Entity Tags: US Supreme Court, Lindsey Graham, Sonia Sotomayor

Timeline Tags: Domestic Propaganda

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

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

Timeline Tags: Domestic Propaganda

The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” [American Civil Liberties Union, 6/15/2009]

Entity Tags: American Civil Liberties Union, Abd al-Rahim al-Nashiri, Abu Zubaida, Ben Wizner, Central Intelligence Agency, Khalid Shaikh Mohammed, Majid Khan, Obama administration, US Department of Defense

Timeline Tags: Torture of US Captives

The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]

Entity Tags: National Security Agency, AT&T, BookSurge, Mark Klein

Timeline Tags: Civil Liberties

Malcolm Nance, the former master instructor and chief of training at the Navy’s Survival Evasion Resistance and Escape (SERE) School who now serves as a consultant on counterterrorism and terrorism intelligence for the US government, makes a cogent point about “breaking” interrogation subjects. Nance is interviewed by MSNBC’s Rachel Maddow, who asks: “One of the other things that I think is a term that sort of gets bandied around by civilians who don’t have experience in these things when we talk about, not only the politics of interrogation, but also the utility of interrogation, is this idea of somebody being broken, a prisoner, the subject of an interrogation being a broken person. And that was described by political actors about interrogation techniques as sort of the goal, about what the idea was to—what the object was of what we wanted to be doing to al-Qaeda prisoners. Does breaking a person in interrogation terms make sense if what you’re trying to do is get real information out of them?” Nance replies, “The process of ‘breaking,’ quote-unquote, a prisoner is not something interrogators do. Interrogators really don’t want to break you down as a human being and take away all of your ability to think and reason and give a coherent answer. That was something that was developed by totalitarian and hostile regimes who saw that a confession is what they wanted out of you. They didn’t care whether you had done it or not. A confession is what they needed out of you, and to get that confession, what they would do is break you physically, psychologically, and mentally so that you could get into a state of learned helplessness and you would comply no matter what they would say. Now, this killed hundreds, if not thousands, of American service members in Korea, World War II, and Vietnam. And this is not something which any real interrogator would want to try because, of course, at that point, you are not getting information. You are just getting compliance. And any idiot can comply and that makes no intelligence whatsoever.” Nance and Maddow note that former SERE psychologists Bruce Jessen and James Mitchell, the two SERE psychologists who designed the US torture program (see Late 2001-Mid-March 2002, January 2002 and After, Late March through Early June, 2002, April - June 2002, Mid-April 2002, April 16, 2002, Between Mid-April and Mid-May 2002, Mid-May 2002 and After, June 2002, July 2002, April 2009, and April 30, 2009), were experienced in the methodologies of “breaking” prisoners and not in extracting useful information. [MSNBC, 8/13/2009]

Entity Tags: Bruce Jessen, Rachel Maddow, Malcolm Nance, James Mitchell

Timeline Tags: Torture of US Captives

The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. [PBS, 8/24/2009] Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” [New York Times, 8/25/2009]
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” [PBS, 8/24/2009] CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” [New York Times, 8/25/2009]
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). [MSNBC, 8/25/2009]

Entity Tags: Alison Stewart, High-Value Detainee Interrogation Group, Federal Bureau of Investigation, Central Intelligence Agency, David Ignatius, Tom Malinkowski, Sheldon Whitehouse, Jane Mayer, National Security Council, Paul Gimigliano, Obama administration

Timeline Tags: Torture of US Captives

Republican Senator Lindsey Graham (R-SC) finds himself under fire from conservative “tea party” protesters after voting for Supreme Court nominee Sonia Sotomayor (see June 3, 2009) and promising to work with Democrats on crafting clean energy legislation. Graham holds a “town hall” meeting at Furman University in Greenville, South Carolina, and faces protesters who accuse him of being a “RINO,” or “Republican in Name Only.” Activist Harry Kimball shows a display that depicts Graham and fellow Republican moderates Olympia Snowe (R-ME) and Susan Collins (R-ME) as being flushed down a toilet. Kimball tells a reporter, “This is for every RINO who has failed to represent us.” One protester draws loud applause when he asks Graham, “When are you going to announce that you are switching parties?” Graham defends his positions and denounces the influence of Representative Ron Paul (R-TX) on the Republican Party, saying: “I’m going to grow this party.… I’m not going to let it be hijacked by Ron Paul.… I’m going to find people in Maine, Delaware, Illinois, other places—” to which audience members shout, “Move there!” Graham continues, “… [t]hat can win as Republicans, and I’m going to go up, and we’re going to move this party, and this country forward, and if you don’t like it, you can leave.” Several audience members walk out of the auditorium when Graham makes his last statement. During his presentation, angry protesters interrupt him with shouts of “You’re a country club Republican!” “Sotomayor!” and “You lie!” Outside the event, one protester displays a sign decrying “Unconstitutional Anti-Christ Socialist Federal Deficit Spending Programs,” and accuses Graham of being part of the government problem. “We’re not going to be the party of angry white guys,” Graham tells the crowd. [Think Progress, 10/13/2009; The State, 10/13/2009]

Entity Tags: Olympia Snowe, Harry Kimball, Lindsey Graham, Sonia Sotomayor, Susan Collins, Ron Paul

Timeline Tags: Domestic Propaganda

The US Justice and Defense Departments announce that five detainees are to be moved from Guantanamo to New York, where they will face trial in ordinary civilian courts for the 9/11 attacks. The five are alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM), Ramzi bin al-Shibh, who helped coordinate the attacks, Ali Abdul Aziz Ali and Mustafa Ahmed al-Hawsawi, who assisted some of the 19 hijackers in Asia, and Khallad bin Attash, who attended a meeting with two of the hijackers in January 2000 (see January 5-8, 2000). The five previously indicated they intend to plead guilty (see December 8, 2008). US Attorney General Eric Holder says: “For over 200 years, our nation has relied on a faithful adherence to the rule of law to bring criminals to justice and provide accountability to victims. Once again we will ask our legal system to rise to that challenge, and I am confident it will answer the call with fairness and justice.” Secretary of Defense Robert Gates was also involved in the decision on where to try the men. [US Department of Justice, 11/13/2009] However, five detainees are to remain in the military commissions system. They are Ibrahim al-Qosi, Omar Khadr, Ahmed al-Darbi, Noor Uthman Mohammed, and Abd al-Rahim al-Nashiri. [McClatchy, 11/14/2009] These five detainees are fighting the charges against them:
bullet Ibrahim al-Qosi denies the charges against him, saying he was coerced into making incriminating statements; [USA v. Ihrahm Ahmed Mohmoud al Qosi, 7/16/2009 pdf file]
bullet Khadr’s lawyers claim he was coerced into admitting the murder of a US solider in Afghanistan; [National Post, 11/14/2009]
bullet Ahmed Muhammad al-Darbi also claims he was forced to make false confessions (see July 1, 2009); [al-Darbi, 7/1/2009]
bullet Noor Uthman Mohammed denies most of the charges against him (see (Late 2004));
bullet Al-Nashiri claims he was forced to confess to trumped up charges under torture (see March 10-April 15, 2007). [US department of Defense, 3/14/2007 pdf file]

Entity Tags: Eric Holder, US Department of Justice, Ali Abdul Aziz Ali, Abd al-Rahim al-Nashiri, Ahmed Muhammad al-Darbi, Khallad bin Attash, US Department of Defense, Ramzi bin al-Shibh, Mustafa Ahmed al-Hawsawi, Khalid Shaikh Mohammed, Robert M. Gates, Noor Uthman Muhammed, Ibrahim Ahmed Mahmoud al-Qosi, Omar Khadr

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former Bush administration press secretary Dana Perino tells a Fox News audience that no terrorist attacks took place on American soil during President Bush’s two terms. Perino is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly attacks in US history. On Sean Hannity’s Fox show, Hannity asks Perino if President Obama “really understand[s]” that the US has a national security concern about terrorism. Perino begins by denying that her remarks are political, then says that the US recently suffered “a terrorist attack on our country,” obviously referring to the 9/11 attacks. The Obama administration is loath to call the US’s involvement a “war on terror,” Perino says, when it should be labeled as such “because we need to face up to it so we can prevent it from happening again.” She says she does not know what thinking is going on in the Obama administration, “but we did not have an attack on our country during President Bush’s term. I hope they’re not looking at this politically. I do think we owe it to the American people to call it what it is.” Neither Hannity nor his other guest, Fox Business personality Stuart Varney, correct Perino’s statement; instead Varney begins questioning Obama’s commitment to fighting terrorism. [Media Matters, 11/24/2009] Perino had not yet joined the Bush administration in 2001, but was working as a public relations representative for a high-tech firm in San Diego. [Austin Chronicle, 9/21/2007]

Entity Tags: Fox News, Barack Obama, Bush administration (43), Dana Perino, Sean Hannity, Stuart Varney, George W. Bush

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Mary Matalin, the former press adviser for then-Vice President Dick Cheney, makes two false statements on CNN: the Bush administration inherited both a failing economy and the 9/11 attacks from the Clinton administration. The US entered a period of steep recession three months after Bush’s first term began, and the 9/11 attacks occurred eight months after Bush took office. On CNN’s State of the Union, Matalin says, “I was there, we inherited a recession from President Clinton, and we inherited the most tragic attack on our own soil in our nation’s history.” A month ago, former Bush administration press secretary Dana Perino made a similar claim about the timing of the 9/11 attacks on Fox News (see November 24, 2009). Lee Fang of the progressive news Web site Think Progress writes of the two statements, “Former Bush administration officials seem intent on misrepresenting history to pretend that the country never suffered its worst terror attack in history under Bush’s watch.” [Media Matters, 12/27/2009; Think Progress, 12/27/2009]

Entity Tags: Clinton administration, Bush administration (43), CNN, Mary Matalin, Richard (“Dick”) Cheney, Lee Fang

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Las Vegas Review-Journal publisher Sherman Frederick falsely claims that “the two cases of domestic terrorism since 9/11” have taken place “on Obama’s watch.” In recent months, two former Bush administration officials have denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009). The progressive media watchdog Web site Media Matters will write, “Frederick joins [the] list of conservatives denying existence of terrorist attacks under Bush.” Frederick writes: “If this is what it takes to wake up Obama to the evils of this world, then he learned an easy lesson. But tell that to the personnel who lost their lives to terrorism at Fort Hood [referring to the November 9, 2009 mass shooting at Fort Hood, Texas, perpetrated by a Muslim US Army psychiatrist with suspected ties to extremist groups]. Then, as now, the Obama administration fails to swiftly acknowledge the threat. They demur in describing our enemy as radical Muslims. They plan to close the offshore prison for terrorists at Guantanamo Bay and transfer the prisoners to the United States. They give the enemy combatants who killed more than 3,000 people on 9/11 the privilege of a civilian federal trial in New York City when a military tribunal is more appropriate. And for three days our president failed to address his people directly on Abdulmutallab’s failed effort to blow up a commercial flight over Detroit on Christmas Day [referring to Umar Farouk Abdulmutallab, who attempted to detonate an explosive device carried in his underwear on a Northwest Airlines flight—see December 25, 2009]. All of this on top of President Obama’s noticeable refusal to characterize our struggle as a ‘war’ on ‘terror.’ In the wake of fierce criticism, Obama now talks tough about keeping America safe. But in the two cases of domestic terrorism since 9/11—both on Obama’s watch—red flags flew aplenty.” Frederick either forgets or ignores a string of domestic terrorist attacks on US targets during the Bush presidency, including the 2001 anthrax attacks (see September 17-18, 2001, October 5-November 21, 2001, October 6-9, 2001, and October 15, 2001); the attempt to blow up a transatlantic plane by “shoe bomber” Richard Reid, who has ties to al-Qaeda (see December 22, 2001); the 2002 attack on the El Al ticket counter at Los Angeles International Airport, designated by the Justice Department as an official “act of international terrorism”; the 2002 sniper shootings in the Washington, DC, area, carried out by John Allen Muhammed, who was convicted of terrorism charges; and the 2006 attack on the University of North Carolina campus, where a Muslim student struck nine pedestrians in his SUV because, he said, he wanted to “avenge the deaths or murders of Muslims around the world.” [Media Matters, 1/6/2010]

Entity Tags: John Allen Muhammed, Barack Obama, Bush administration (43), Las Vegas Review-Journal, Media Matters, Umar Farouk Abdulmutallab, Richard C. Reid, Sherman Frederick

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Former New York City Mayor Rudolph Giuliani, a 2008 contender for the Republican presidential nomination, tells an ABC audience that the US experienced “no domestic attacks” during the Bush administration. Giuliani is forgetting, or ignoring, the 9/11 attacks, the most lethal and costly terrorist attacks in US history, a curious omission considering Giuliani was mayor when two hijacked jetliners struck New York City’s World Trade Center buildings on September 11, 2001, eight months into the Bush administration. In recent months, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has a Nevada newspaper publisher just days ago (see January 3, 2010). Good Morning America host George Stephanopoulos begins by asking Giuliani about his opposition to trying suspected terrorists in civilian courts instead of in military tribunals (see November 13, 2001 and January 29, 2009). Giuliani asks “why stop” torturing suspects instead of putting them on trial, saying that the US may continue to get “good information” from them, presumably about plans for future terrorist attacks. Giuliani says that while Bush “didn’t do everything right” in the “war on terror,” what Obama “should be doing is following the right things [Bush] did. One of the right things he did was treat this as a war on terror, we had no domestic attacks under Bush, we had one under Obama.” Stephanopoulos notes that Obama has “stepped up” actions against terrorists, but does not correct Giuliani’s claim that the US “had no domestic attacks under Bush.” [Media Matters, 1/8/2010]

Entity Tags: Barack Obama, ABC News, George Stephanopoulos, Bush administration (43), Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address.Supreme Court Justice Samuel Alito listens to President Obama’s State of the Union address. [Source: Renovo Media]President Obama sharply criticizes the recent Citizens United decision by the Supreme Court, giving corporations and unions the right to give unlimited and anonymous donations to organizations supporting or opposing political candidates (see January 21, 2010), during the annual State of the Union address. Obama gives the address to a joint session of Congress, with three Supreme Court members in attendance. “With all due deference to the separation of powers,” Obama says, “last week, the Supreme Court reversed a century of law that I believe will open the floodgates for special interests—including foreign corporations—to spend without limit in our elections. I don’t think American elections should be bankrolled by America’s most powerful interests or, worse, by foreign entities. They should be decided by the American people. And I urge Democrats and Republicans to pass a bill that helps correct some of these problems.” Democrats in the chamber applaud Obama’s remarks, while Republicans do not. In his response, Justice Samuel Alito, one of the five conservatives on the Court who joined in the majority decision, shakes his head and mouths, “Not true, not true” (some lip readers will later claim that Alito says, “That’s not true”). It is highly unusual for a president to so directly criticize a Supreme Court ruling, especially in a State of the Union address. The next day, Vice President Joe Biden defends Obama’s remarks in an appearance on Good Morning America. Biden says: “The president didn’t question the integrity of the court. He questioned the judgment of it. I think [the ruling] was dead wrong and we have to correct it.” Supreme Court expert Lucas A. Powe says, “I can’t ever recall a president taking a swipe at the Supreme Court like that.” Experts say that the closest precedent they can find is President Franklin Roosevelt’s 1937 criticism of the Court in his address to Congress. Yale law professor Jack Balkin says, “The important thing to me is that the president thinks the Citizens United decision is important enough that he would include it.” Reactions are split along ideological lines. Senator Orrin Hatch (R-UT) calls Obama “rude” to criticize the Court’s verdict. Senator Russ Feingold (D-WI) calls Alito’s reaction “inappropriate.” Legal expert Barbara A. Perry of Sweet Briar College says both Obama and Alito were in the wrong, calling the interaction “an unfortunate display for both branches.” White House deputy press secretary Bill Burton says: “One of the great things about our democracy is that powerful members of the government at high levels can disagree in public and in private. This is one of those cases.” Alito refuses to comment. Alito and Obama have a contentious history. As a senator, Obama was one of the most outspoken voices against Alito’s confirmation as a Supreme Court justice (see October 31, 2005 - February 1, 2006), saying then of Alito, “[W]hen you look at his record—when it comes to his understanding of the Constitution, I have found that in almost every case, he consistently sides on behalf of the powerful against the powerless; on behalf of a strong government or corporation against upholding American’s individual rights.” For his part, Alito snubbed the formal visit paid by Obama and Biden to the Court. [New York Daily News, 1/28/2010; Washington Post, 1/28/2010] Months later, Obama’s warning will be proven to be correct, as a media investigation will show the US Chamber of Commerce using foreign monies to fund attack ads and other political activities under the cloak of the Citizens United decision (see October 2010).

Entity Tags: Jack Balkin, Barbara A. Perry, Barack Obama, Franklin Delano Roosevelt, US Congress, US Supreme Court, Samuel Alito, Orrin Hatch, Lucas A. (“Scot”) Powe, Joseph Biden, US Chamber of Commerce, Russell D. Feingold, Bill Burton

Timeline Tags: Civil Liberties

The US Department of Justice’s Office of Professional Responsibility refuses to refer two former Bush administration officials to authorities for criminal or civil charges regarding their authorizations of the torture of suspected terrorists (see Before April 22, 2009). John C. Yoo and Jay S. Bybee, two senior officials in the DOJ’s Office of Legal Counsel, provided the legal groundwork that allowed American interrogators to use sleep deprivation, waterboarding, and other torture methods against terror suspects (see Late September 2001, January 9, 2002, and August 1, 2002). The report finds that Yoo and Bybee, along with former OLC head Steven Bradbury, exhibited “poor judgment” in their actions. The OPR refuses to make the report’s conclusions public. It is known that senior Justice Department official David Margolis made the decision not to refer Yoo and Bybee for legal sanctions. [Office of Professional Responsibility, US Department of Justice, 7/29/2009 pdf file; Washington Post, 1/31/2010]

Entity Tags: John C. Yoo, Bush administration (43), David Margolis, Jay S. Bybee, Office of Professional Responsibility, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives

Legatus logo.Legatus logo. [Source: ProLife Dallas (.org)]Former President George W. Bush is honored by Legatus, a Florida-based Catholic group for business and civic leaders, for his opposition to reproductive rights during his presidency. Bush receives the “Cardinal John J. O’Connor Pro-Life Award,” named for the famously anti-abortion Catholic leader. The organization notes Bush’s opposition to stem-cell research, his executive order banning the use of federal funds for abortions (see November 5, 2003), his appointment of anti-abortion advocates to the Supreme Court (see October 31, 2005 - February 1, 2006 and September 29, 2005), and his designation of January 18, 2009 as “National Sanctity of Human Life Day.” The award is given at a private meeting in Dana Point, California. The event is only open to members of Legatus and their guests, and the registration fee is $1,475 per person. A Legatus official tells a reporter: “His appearance is going to be a private appearance on behalf of our organization. He will be delivering remarks for us and all of that will be a private presentation.” Event chairperson Kathleen Eaton says: “I’ve been speaking to a number of Legatus chapters about the summit, and people are really excited. It’s been a rough year on a number of fronts and they really need this shot in the arm. They want to come together to pray and learn more about what the church is saying on different issues.” Local pro-choice and peace groups mount a protest; one organizer, Sharon Tipton, tells a reporter: “Over one million Iraqi people have been killed, mostly women and children. Bush is responsible for over 5 million new orphans, and we just found out that Bush is receiving a pro-life award? This is outrageous!” [Catholic News Agency, 1/8/2010; Orange County Weekly, 2/3/2010]

Entity Tags: Sharon Tipton, Legatus, George W. Bush, Kathleen Eaton

Timeline Tags: US Health Care

Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009.Ahmed Khalfan Ghailani at arraignment in New York, June 9th, 2009. [Source: Reuters / Christine Cornell]Ahmed Khalfan Ghailani is sentenced to life in prison for his role in the 1998 bombings of two US embassies in Africa (see 10:35-10:39 a.m., August 7, 1998). US District Judge Lewis Kaplan imposes the maximum sentence. In November 2010, Ghailani was convicted of conspiracy to destroy buildings or property of the United States. The verdict included a special finding that his conduct caused at least one death. But this was only one of the 285 charges against him, and he was acquitted of 273 counts of murder or attempted murder. Ghailani was captured in Pakistan in 2004 (see July 25-29, 2004), kept in the CIA’s secret prison system, and then was held in the US prison in Guantanamo, Cuba, starting in late 2006 (see September 2-3, 2006). He was transferred to the mainland of the US in 2009. He was the first former Guantanamo prison to be tried in a US civilian court, and his trial has been widely seen as a test case on whether other prisoners held outside the US legal system should be tried in US courts. Critics argue that Ghailani’s verdict shows the other prisoners still in Guantanamo should be tried in military tribunals there. But others point to the verdict as an example of the fairness of the US justice system. Prosecutors had been seeking life in prison for Ghailani, and that is the sentence he ultimately receives, even though he is only convicted of one count. His defense lawyers didn’t try to argue that Ghailani had no role in the embassy bombings, but instead argued that he was duped by other people and didn’t really know what he was doing. [Christian Science Monitor, 1/25/2011]

Entity Tags: Ahmed Khalfan Ghailani

Timeline Tags: Complete 911 Timeline

WikiLeaks, a non-profit whistleblower group, releases some files on about 750 prisoners held at the US-run prison in Guantanamo, Cuba. This covers all but about 15 of the prisoners who have passed through the prison since it opened in early 2002 (see January 11, 2002). Nearly all of the prisoners were accused of belonging to al-Qaeda or the Taliban, or associated Islamist militant groups. The files were written by US military intelligence officials between the prison’s opening and January 2009. They contain assessments on whether each prisoner should remain in US custody, be imprisoned by another country, or be set free. Most of the prisoners have been released over the years, and no new prisoners have been sent to Guantanamo since 2007, but 172 prisoners remain at Guantanamo in April 2011. Seven news organizations—the New York Times, The Guardian, McClatchy Newspapers, the Washington Post, El Pais, Der Spiegel, and NPR (National Public Radio)—were given early access to the files by WikiLeaks in order to vet and analyze them. Their publication was sped up when the New York Times prepared to publish them after claiming to get copies of them from another unnamed source. The Obama administration immediately condemns the publication of the classified information in the files. [New York Times, 4/24/2011; New Yorker, 4/25/2011]
Files Often Contain Dubious Evidence - Journalists who analyze the files question the accuracy of their prisoner assessments. The New York Times comments that the files “show that the United States has imprisoned hundreds of men for years without trial based on a difficult and strikingly subjective evaluation of who they were, what they had done in the past, and what they might do in the future.” Furthermore, the files “reveal that the analysts sometimes ignored serious flaws in the evidence—for example, that the information came from other detainees whose mental illness made them unreliable. Some assessments quote witnesses who say they saw a detainee at a camp run by al-Qaeda but omit the witnesses’ record of falsehood or misidentification. They include detainees’ admissions without acknowledging other government documents that show the statements were later withdrawn, often attributed to abusive treatment or torture.” [New York Times, 4/24/2011] The Guardian comments that Guantanamo has been “a place that portrayed itself as the ultimate expression of a forensic and rational war run by the most sophisticated power on the planet, with the best intelligence available. The reality was an almost random collection of [prisoners who were] the bad, the accidental, and the irrelevant.” [Guardian, 4/25/2011] McClatchy Newspapers comments: “The world may have thought the US was detaining a band of international terrorists whose questioning would help the hunt for Osama Bin Laden or foil the next 9/11. But [the files] not meant to surface for another 20 years shows that the military’s efforts at Guantanamo often were much less effective than the government has acknowledged. Viewed as a whole, the secret intelligence summaries help explain why in May 2009 President Barack Obama, after ordering his own review of wartime intelligence, called America’s experiment at Guantanamo ‘quite simply a mess.’”
Files Dependant on Dubious Informants - McClatchy further claims that the files were “tremendously dependant on informants—both prison camp snitches repeating what they’d heard from fellow captives and self-described, at times self-aggrandizing, alleged al-Qaeda insiders turned government witnesses who Pentagon records show have since been released.” The information in the files is based on other sources, including intelligence documents and some confessions. [McClatchy Newspapers, 4/24/2011] The New York Times similarly comments that “Guantanamo emerges from the documents as a nest of informants, a closed world where detainees were the main source of allegations against one another and sudden recollections of having spotted a fellow prisoner at an al-Qaeda training camp could curry favor with interrogators.” [New York Times, 4/24/2011]
Files Also Based on Torture and Legally Questionable Methods - The files rarely mention the abuse and torture scandals concerning treatment of US prisoners in Guantanamo, in secret CIA prisons, in other overseas US-run prisons, and in prisons run by some US allies where the use of torture was more widespread. However, there are hints. For instance, one file on an Australian man sent to Guantanamo in 2002 mentions that he confessed while “under extreme duress” and “in the custody of the Egyptian government” to training six of the 9/11 hijackers in martial arts. But despite the apparent seriousness of this accusation, he was released in early 2005. Additionally, important prisoners such as Abu Zubaida held in secret CIA prisons were shown photos of Guantanamo prisoners and asked about them around the time they were subjected to waterboarding and other torture methods. The interrogations of Zubaida, who was waterboarded many times (see May 2003), are cited in over 100 prisoner files. However, his accusations against others have been systematically removed from government filings in court cases in recent years, which would indicate that officials are increasingly doubtful about his reliability and/or the legality of his tortured confessions. Also, many foreign officials were allowed to interrogate some prisoners in Guantanamo, including officials from China, Russia, Saudi Arabia, Jordan, Yemen, Kuwait, Algeria, and Tajikistan. Information in some files comes from these legally questionable interrogation sessions. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] One well-known case of torture involved Mohamed al-Khatani, the alleged 20th 9/11 hijacker (see December 2001). While being held in Guantanamo, he was interrogated for months with techniques that the senior Bush administration official in charge of bringing Guantanamo prisoners to trial later said legally met the definition of torture (see August 8, 2002-January 15, 2003 and January 14, 2009). His file says, “Although publicly released records allege detainee was subject to harsh interrogation techniques in the early stages of detention,” his confessions “appear to be true and are corroborated in reporting from other sources.” Claims al-Khatani made regarding 16 other Guantanamo prisoners are mentioned in their files without any caveats about the interrogation methods used on him. [New York Times, 4/24/2011]
Some Prisoners Unjustly Held - Some prisoners appear to be clearly innocent, and yet they often were held for years before being released. Some prisoners are still being held even though their files indicate that their interrogators are not even sure of their identities. In some cases, prisoners were held for years not because they were suspected of any crime, but because it was thought they knew useful information. For instance, files show one prisoner was sent to Guantanamo because of what he knew about the secret service of Uzbekistan. [McClatchy Newspapers, 4/24/2011; New York Times, 4/24/2011] In a cruel twist of fate, one man, Jamal al-Harith, appears to have been imprisoned mainly because he had been imprisoned by the Taliban. His file states, “He was expected to have knowledge of Taliban treatment of prisoners and interrogation tactics.” [Guardian, 4/25/2011]
Prisoner Releases Based More on Luck than Evidence - The New York Times claims the determination of which prisoners were released has mostly been a “lottery” that was largely based on which country the prisoner came from. “Most European inmates were sent home, despite grave qualms on the analysts’ part. Saudis went home, even some of the most militant, to enter the rehabilitation program; some would graduate and then join al-Qaeda in the Arabian Peninsula. Yemenis have generally stayed put, even those cleared for release, because of the chaos in their country. Even in clearly mistaken arrests, release could be slow.” [New York Times, 4/24/2011] In 2009, the new Obama administration put together a task force that re-evaluated the 240 prisoners remaining at Guantanamo. However, these more recent assessments remain secret. [New York Times, 4/24/2011]

Entity Tags: WikiLeaks, Jamal al-Harith, US Military, Guantanamo Bay Naval Base, Mohamed al-Khatani, Barack Obama, Abu Zubaida

Timeline Tags: Complete 911 Timeline

Osama bin Laden’s killing by US forces on May 2, 2011 (see May 2, 2011) reignites the debate about the usefulness of the torture techniques used by US intelligence. The debate centers on how US intelligence learned about bin Laden’s location and whether the torture of prisoners helped find him.
Courier Provides the Key Lead - According to Obama administration officials, bin Laden was located through US intelligence agencies’ “patient and detailed intelligence analysis” of “a mosaic of sources,” including evidence garnered from detained inmates at Guantanamo Bay. The first clue to bin Laden’s whereabouts came when US intelligence learned of an al-Qaeda courier that worked with bin Laden, Ibrahim Saeed Ahmed, who used the pseudonym “Abu Ahmed al-Kuwaiti.” Ahmed is one of those killed during the Abbottabad raid. US intelligence had known of Ahmed since 2002, after a Kuwaiti detainee told interrogators about him, and it has taken this long for CIA and other intelligence officers to identify him, locate him, track his communications, and then follow him to the large and well fortified compound in Abbottabad.
Do Bush Administration Techniques Deserve Credit? - Some former Bush administration officials, such as former Defense Secretary Donald Rumsfeld and former Justice Department legal adviser John Yoo, claim that the Bush administration and not the Obama administration deserves the credit for finding bin Laden. According to a report in the Christian Science Monitor, “the former director of the CIA’s Counterterrorism Center, Jose Rodriguez, said the first important leads about Kuwaiti came from alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) and Abu Faraj al-Libbi, the third-ranking al-Qaeda leader at the time of his capture.” KSM was repeatedly waterboarded (see March 7 - Mid-April, 2003). [Christian Science Monitor, 5/5/2011] Former Attorney General Michael Mukasey states that the path to bin Laden “began with a disclosure from Khalid Shaikh Mohammed, who broke like a dam under the pressure of harsh interrogation techniques that included waterboarding. He loosed a torrent of information—including eventually the nickname of a trusted courier of bin Laden.” [Wall Street Journal, 5/2/2011]
Rebuttal from CIA Director Panetta - However, according to information in a letter CIA Director Leon Panetta sends to Senator John McCain, these assertions are false or misleading. In the letter, Panetta says: “Nearly 10 years of intensive intelligence work led the CIA to conclude that bin Laden was likely hiding at the compound in Abbottabad, Pakistan. There was no one ‘essential and indispensible’ key piece of information that led us to this conclusion. Rather, the intelligence picture was developed via painstaking collection and analysis. Multiple streams of intelligence—including from detainees, but also from multiple other sources—led CIA analysts to conclude that bin Laden was at this compound. Some of the detainees who provided useful information about the facilitator/courier’s role had been subjected to enhanced interrogation techniques. Whether those techniques were the ‘only timely and effective way’ to obtain such information is a matter of debate and cannot be established definitively. What is definitive is that that information was only a part of multiple streams of intelligence that led us to bin Laden. Let me further point out that we first learned about the facilitator/courier’s nom de guerre from a detainee not in CIA custody in 2002. It is also important to note that some detainees who were subjected to enhanced interrogation techniques attempted to provide false or misleading information about the facilitator/courier. These attempts to falsify the facilitator/courier’s role were alerting. In the end, no detainee in CIA custody revealed the facilitator/courier’s full true name or specific whereabouts. This information was discovered through other intelligence means.” [Washington Post, 5/16/2011]
Officials Says Torture Techinques Played No Role - Also, nine US military interrogators and intelligence officials state in an open letter: “The use of waterboarding and other so-called ‘enhanced’ interrogation techniques almost certainly prolonged the hunt for bin Laden and complicated the jobs of professional US interrogators who were trying to develop useful information from unwilling sources like Khalid Sheikh Mohammed. Reports say that Khalid Shaikh Mohammed and Abu Faraq al-Libi did not divulge the nom de guerre of a courier during torture, but rather several months later, when they were questioned by interrogators who did not use abusive techniques.” [Human Rights First, 5/4/2011]

Entity Tags: Jose Rodriguez, Jr., Khalid Shaikh Mohammed, Obama administration, Osama bin Laden, Leon Panetta, John C. Yoo, Michael Mukasey, Central Intelligence Agency, Ibrahim Saeed Ahmed, Abu Faraj al-Libbi, Donald Rumsfeld, Barack Obama, Al-Qaeda, Bush administration (43)

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

Eric Bolling, the host of the Fox Business Channel talk show Follow The Money, reads a list of people his viewers say they want waterboarded. The list includes President Obama. Bolling is doing a segment on his viewers’ reaction to the death of Osama bin Laden (see May 2, 2011), and insists, despite claims from Obama administration members and informed outsiders, that bin Laden was located “through waterboarding, simple as that” (see Autumn 2003, August 6, 2007, December 2-4, 2008, December 11, 2008, and March 29, 2009). (Later in the segment, some of his guests dispute that claim.) Bolling says he asked viewers who they wanted to see waterboarded. The respondents, through Facebook, named, among others: “Senate Dems… and then Obama… then the kooks on [the ABC morning talk show] ‘The View,’ starting with Joy” Behar; “Alan Colmes… [t]he secrets of the left-wing cabal will come pouring out of that boy”; “[m]y ex-wife!”; progressive talk show hosts Keith Olbermann and Rachel Maddow; and the far-right, virulently anti-gay Westboro Baptist Church. Bolling concludes the segment with some jocularity with his guests, and jokingly offers to be waterboarded himself. [Media Matters, 5/5/2011]

Entity Tags: Keith Olbermann, Barack Obama, Alan Colmes, Eric Bolling, Obama administration, Fox Business Channel, Westboro Baptist Church, Rachel Maddow, Osama bin Laden, Joy Behar

Timeline Tags: Torture of US Captives, Domestic Propaganda

Provisions for indefinite detention included in the 2012 “National Defense Authorization Act,” an annual ‘must pass’ defense spending bill, begin to generate controversy soon after the proposed text is published. The language drafted by the Senate Armed Services Committee provides for indefinite military detention, without charge or trial, of essentially anyone accused of supporting or being associated with groups “engaged in hostilities” with the United States, including US citizens. The American Civil Liberties Union (ACLU) begins monitoring the proceedings and urging the public to oppose the bill. [ACLU.org, 7/6/2011] Other civil liberties and human rights groups will follow suit, including Amnesty International, the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Bill of Rights Defense Committee. The ACLU, CCR, and HRW point out that indefinite detention without charge or trial has not been codified since the McCarthy era. [ConstitutionCampaign.org, 12/6/2011; HRW.org, 12/15/2011; CCRJustice.org, 1/4/2012; Amnesty International, 1/5/2012] Constitutional experts Jonathan Turley and Glenn Greenwald will repeatedly condemn the bill’s indefinite military detention provisions. [Jonathan Turley, 1/2/2012; Salon, 12/15/2012] Two retired four-star Marine Generals, Charles C. Krulak and Joseph P. Hoar, will criticize the NDAA’s indefinite detention provision in an op-ed published in the New York Times, writing that under the law, “Due process would be a thing of the past.” And, “[T]his provision would expand the battlefield to include the United States—and hand Osama bin Laden an unearned victory long after his well-earned demise.” [New York Times, 12/13/2011] Congress will pass the bill on December 15 (see December 15, 2011) and President Obama will sign it into law on December 31 (see December 31, 2011). A poll conducted shortly after the bill is passed by Congress will find that only one in four likely voters support the NDAA (see December 22-26, 2011). After the bill is signed into law, states and municipalities will begin to pass laws and resolutions opposing the bill (see December 31, 2011 and After).

Entity Tags: Center for Constitutional Rights, Jonathan Turley, Charles Krulak, Bill of Rights Defense Committee, Amnesty International, American Civil Liberties Union, Joseph Hoar, Human Rights Watch, Glenn Greenwald

Timeline Tags: Civil Liberties

Fox News’s Eric Bolling, hosting The Five, says that he remembers no terrorist attacks on the US during the Bush presidency. Bolling is either ignoring or forgetting that the 9/11 attacks, the most lethal and costly terrorist attacks in US history, occurred eight months into the Bush presidency. Since late 2009, two former Bush administration officials have also denied that 9/11 took place during the Bush presidency (see November 24, 2009 and December 27, 2009), as has former New York City Mayor Rudolph Giuliani, who was mayor when his city was stricken (see January 8, 2010). A Las Vegas newspaper publisher has claimed no terrorist attacks occured during the Bush administration after 9/11, another falsehood perpetrated by Bolling (see January 3, 2010). One of the “five” participants in the roundtable discussion on the show is former Bush administration press secretary Dana Perino, who is one of the former administration officials who denied that 9/11 took place during Bush’s presidency. Bolling and the other participants, save for the single “liberal” at the table, Bob Beckel, are criticizing the Obama administration’s economic policies. The topic goes into a quick repudiation of the fact that the Bush administration used false claims about WMDs to drive the US into a war with Iraq, and Bolling shouts over the crosstalk: “America was certainly safe between 2000 and 2008. I don’t remember any terrorist attacks on American soil during that period of time.” No one involved in the panel discussion corrects his misstatement. [Media Matters, 7/13/2011; Huffington Post, 7/14/2011] The Five is the newest Fox News offering, replacing the recently canceled show hosted by Glenn Beck. [Huffington Post, 7/14/2011] The next day, MSNBC talk show host Chris Matthews derides what he calls Bolling’s “revisionist history” regarding 9/11. He plays a brief clip of Bolling making the statement, then sarcastically invites Bolling to “think back to 2001.” While playing a clip from the coverage of the 9/11 attacks, Matthews asks, “Does that trigger your memory?” [Media Matters, 7/14/2011] Hours after Matthews’s correction, Bolling says on The Five: “Yesterday I misspoke when saying that there were no US terror attacks during the Bush years. Obviously I meant in the aftermath of 9/11.” Bolling then swings to the attack, saying: “That’s when the radical liberal left pounced on us and me. [The progressive media watchdog Web site] Media Matters posted my error, saying I forgot about 9/11. No, I haven’t forgotten.” (Bolling is referring to a Media Matters article with the title: “‘Have You Forgotten?’ Conservatives Erase 9/11 From Bush Record,” which cites Bolling’s error among other “misstatements” and omissions by conservatives, and cites the numerous terror attacks that took place on US soil after 9/11 during the Bush presidency.) Bolling continues by saying he was in New York during the attacks, lost friends during the attacks, and comforted the children of friends who were terrified by the attacks. He concludes by saying, “Thank you, liberals, for reminding me how petty you can be.” [Media Matters, 7/14/2009] Shortly after Bolling’s statement on Fox, Media Matters posts another article, again citing the numerous domestic terrorism attacks that took place after 9/11, under the headline, “Eric Bolling Is Still Wrong.” [Media Matters, 7/14/2011]

Entity Tags: Bob Beckel, Bush administration (43), Chris Matthews, Eric Bolling, Fox News, Rudolph (“Rudy”) Giuliani, Dana Perino, Media Matters, Obama administration

Timeline Tags: Complete 911 Timeline, Domestic Propaganda

Law professor John Yoo, who during his tenure at the Justice Department wrote memos defending torture and the right of the executive branch to conduct its business in secret (see March 1996, September 25, 2001, September 25, 2001, October 4, 2001, October 23, 2001, October 23, 2001, November 2, 2001, November 5, 2001, and November 6-10, 2001), co-authors an article for the far-right American Enterprise Institute that attacks the Obama administration for considering the idea of an executive order to require government contractors to disclose their political contributions (see April 20, 2011 and May 26, 2011). The article, by Yoo and lawyer David W. Marston, is entitled “Overruling Citizens United with Chicago-Style Politics,” a reference to some of the unsavory and often-illegal political machinations undertaken by Chicago Democrats. The article repeatedly compares the Obama administration to the Nixon administration’s attempts to “use the available federal machinery to screw [their] political enemies,” as Yoo and Marston quote from a 1971 Nixon White House memo. Yoo and Marston say that the Obama administration, in an effort to recoup its losses from the Citizens United decision (see January 21, 2010]), “is making an unprecedented assault on free speech” by considering the executive order and by pushing the DISCLOSE Act (see July 26-27, 2010). (Yoo and Marston claim that the DISCLOSE Act, if passed into law, “would have forced all those doing business with the government to give up their ability to participate in the political process, as is their right under the First Amendment, aside from just voting on Election Day.”) They write: “Under the guise of ‘transparency’ and ‘accountability,’ the order curtails constitutionally protected speech rights and opens the door for retaliation against those not supporting the administration politically,” and go on to observe that in their opinion, this “assault on free speech” (see January 21, 2010 and January 22, 2010) is being joined by “the media [and] defenders of free speech.” Yoo and Marston claim that the Founding Fathers intended for corporations and other entities to be able to involve themselves in politics entirely anonymously, citing the example of Alexander Hamilton, John Jay, and James Madison publishing the Federalist Papers under the nom de plume “Publius.” Indeed, Yoo and Marston write, “disclosure of political contributions may be a prelude to the thuggish suppression of political speech by harassment and intimidation,” and they cite the instances of boycotts, vandalism, and death threats against people in California who donated money in support of Proposition 8, which declared gay marriage illegal. “Mandated disclosure of financial support for a political viewpoint can become the springboard for lawless retaliation against citizens for holding unpopular views,” the authors write. “Disclosure” and “transparency,” the “wonder drugs du jour,” are already “being used to silence core First Amendment speech rights and to threaten America’s long protection of anonymous political speech,” they contend, and claim that “thugs” are attempting to use violence and intimidation to nullify the Citizens United decision, force the issuance of the Obama executive order, and push the Federal Election Commission (FEC) to expand disclosure requirements. Only allowing financial donors to remain secret, the authors say, protects their rights to free speech and political involvement. “[D]isclosure invites retaliation,” they argue; only secrecy can protect free speech. The authors even cite a case brought on behalf of the NAACP, in which the organization was allowed to keep its membership lists secret for fear of attacks on its members or their families by white supremacists. [American Enterprise Institute, 7/20/2011] Ian Millhiser, a legal expert for the liberal news Web site Think Progress, angrily rebuts Yoo and Marston’s claims. Millhiser, referencing Yoo’s opinions issued during his stint in the Bush administration, writes, “If there is anyone in the universe who should think twice before criticizing a government lawyer for enabling a president to break the law, it is John Yoo.” He goes on to criticize Yoo’s legal thinking in the article, noting that the Citizens United ruling held that “disclosure could be justified based on a governmental interest in ‘provid[ing] the electorate with information’ about the sources of election-related spending.” Millhiser writes: “President Obama’s proposed executive order provides the electorate with information about the sources of election-related spending. So Yoo’s entire argument can be rebutted in exactly two sentences.” After rebutting other portions of Yoo and Marston’s arguments, Millhiser concludes, “Yoo’s defense of corporate America’s power to secretly buy elections is weak even by his own tragically incompetent standards.” [Think Progress, 7/22/2011]

Entity Tags: Ian Millhiser, American Enterprise Institute, DISCLOSE Act of 2010, Federal Election Commission, Nixon administration, US Department of Justice, John C. Yoo, David W. Marston, Obama administration

Timeline Tags: Civil Liberties

Congress passes a defense spending bill with controversial provisions authorizing the indefinite military detention, or rendering to a foreign country or entity, without charge or trial, of any person, including US citizens, detained, arrested, or captured anywhere in the world, including the US. The bill is the 2012 National Defense Authorization Act (NDAA) (H.R. 1540 and S. 1867). [GovTrack, 12/31/2012] The NDAA created controversy soon after the indefinite detention provisions were revealed (see July 6, 2011 and after). Civil liberties and human rights advocates raised concerns about sections 1026, 1027, and 1028, which restrict transfers and releases of prisoners from the US prison at Guantanamo, including those found to be innocent, but the most controversial parts of the bill are Sections 1021 and 1022, which provide for indefinite military detention. A federal judge will later issue a preliminary injunction barring enforcement of Section 1021, finding it unconstitutional (see May 16, 2012). [Verdict, 12/21/2011]
Detention Authorities Currently Unclear, Not Settled by NDAA - The Supreme Court ruled by plurality in Hamdi v. Rumsfeld (2004) (see June 28, 2004 that Yaser Esam Hamdi, a US citizen captured by the Northern Alliance in Afghanistan and alleged to have been armed and traveling with a Taliban unit (see December 2001), could be held by the military without charge or trial until the end of hostilities authorized by the 2001 Authorization for Use of Military Force (AUMF). In other circumstances, such as persons not engaged in armed combat with US forces, or persons arrested or captured away from a battlefield, or inside the United States, the rights of prisoners and the legality of indefinite military detention are unsettled issues, and the NDAA provides no clarification. The AUMF makes no reference to the detention of prisoners or military operations inside the United States, but both the Bush and Obama administrations have consistently interpreted language giving the president authority to use “all necessary and appropriate force” to include broad powers of detention. Due to the lack of clear expression of the scope of these authorities in the AUMF, as well as potential conflicts with the Constitution, related case law includes differing judicial opinions. Supreme Court rulings have not addressed all the questions raised by the complexity of the issues involved. [New York Times, 12/1/2011; Secrecy News, 2/6/2012; Elsea, 6/11/2012 pdf file; Salon, 12/15/2012] The NDAA states in 1021(d), “Nothing in this section is intended to limit or expand the authority of the president or the scope of the [AUMF],” and (e): “Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” [Public Law 112 81 pdf file] This language was included following the nearly unanimous passage of Senate Amendment (SA) 1456. It was a compromise, following the defeat of three other amendments proposed by members of Congress concerned about the NDAA’s blanket detention authority: SA 1107, introduced by Senator Mark Udall (D-CO), which would have removed detention provisions from the bill and required the executive branch to submit a report to Congress on its interpretation of its detention powers and the role of the military; SA 1125, introduced by Senator Diane Feinstein (D-CA), which would have limited the definition of covered persons to those captured outside US borders; and SA 1126, also introduced by Feinstein, which would have would have excluded US citizens from indefinite detention provisions. [Senate, 12/1/2011; The Political Guide, 12/31/2012] Supporters of broad detention authority say the entire world is a battlefield, and interpret Hamdi to mean any US citizen deemed an enemy combatant can legally be detained indefinitely by the military. Opponents point out that Hamdi was said to have been fighting the US in Afghanistan, and that military detention without trial is limited to those captured in such circumstances. Opponents also say the 1971 Non-Detention Act outlawed indefinite detention of US persons arrested in the US. Feinstein, who submitted SA 1456 inserting the compromise language, states: “[T]his bill does not change existing law, whichever side’s view is the correct one. So the sponsors can read Hamdi and other authorities broadly, and opponents can read it more narrowly, and this bill does not endorse either side’s interpretation, but leaves it to the courts to decide.” Senator Carl Levin (D-MI), sponsor of the original NDAA in the Senate, agrees, saying: “[W]e make clear whatever the law is. It is unaffected by this language in our bill.” [Senate, 12/1/2011]
NDAA 'Affirms' Authority Not Expressly Granted in AUMF, Further Muddies Already Unclear Powers - In the NDAA, Congress attempts to settle some of the aforementioned legal questions by asserting in the NDAA that these authorities were included in the AUMF or that the president already possessed them (unless the courts decide otherwise). Section 1021(a) states: “Congress affirms that the authority of the president to use all necessary and appropriate force pursuant to the [AUMF]… includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub-section (b)) pending disposition under the law of war… (c)(1) until the end of the hostilities authorized by the [AUMF].” This clear statement regarding detention authority is an implicit acknowledgment that the AUMF neither explicitly authorizes indefinite military detention, nor spells out the scope of such authority. As noted above, both the George W. Bush and Obama administrations, citing the AUMF, have claimed this authority, and some courts have upheld their interpretation. However, as noted by critics of the bill such as the American Civil Liberties Union (ACLU), Human Rights Watch (HRW), and constitutional scholar Glenn Greenwald, this is the first time Congress has codified it. Also, despite Congress’s assertion in the NDAA that it does not “expand… the scope of the [AUMF],” the language in the bill does exactly that. The AUMF pertained only to those responsible for the 9/11 attacks, or those who harbored them. Subsection (b)(2) of the NDAA expands the definition of covered persons and activities to include “[a] person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” Terms such as “substantially supported,” “directly supported,” and “associated forces” are not defined in the NDAA and are thus subject to interpretation, introducing new ambiguities. In addition, though the AUMF does not explicitly authorize it, the NDAA clearly covers any person, including US persons, “captured or arrested in the United States,” should the courts decide that the AUMF did, in fact, authorize this, or that it is otherwise constitutional. A federal judge will later issue a preliminary injunction barring enforcement of this section of the NDAA, in part because of its conflicting, vague language but also because of her finding that it infringes on the right to due process, and to freedom of speech and association (see May 16, 2012). [Public Law 112 81 pdf file; American Civil Liberties Union, 12/14/2012; Human Rights Watch, 12/15/2012; Salon, 12/15/2012]
Section 1022: Mandatory Military Custody for Non-US Citizen Members of Al-Qaeda - Section 1022 requires that those determined to be members of al-Qaeda or “an associated force” and who “participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners” be held in “military custody pending disposition under the law of war.” This section is somewhat less controversial than section 1021 as it is more specific and limited in scope, and contains an exemption for US citizens, such that section 1022 may be applied to US citizens, but is not required to be: (b)(1) “The requirement to detain a person in military custody under this section does not extend to citizens of the United States.” [Public Law 112 81 pdf file]
Obama Administration Insisted on Broad Detention Authority - According to Senators Levin and Lindsey Graham (R-SC), the Obama administration required that detention authorities be applicable to US citizens, including those arrested in the US. Levin says that “language which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] Graham says: “The statement of authority I authored in 1031 [1021 in final bill], with cooperation from the administration, clearly says someone captured in the United States is considered part of the enemy force regardless of the fact they made it on our home soil. The law of war applies inside the United States not just overseas.” [Senate, 11/17/2011]
How Congress Votes - With President Obama having signaled he will sign the bill, the Senate votes 86-13 in favor, with one abstention. Six Democrats and six Republicans vote against it, along with Senator Bernie Sanders (I-VT). [Open Congress, 12/15/2011] The House votes 283-136 in favor of the bill, with 14 abstentions. Democrats are evenly divided, with 93 voting for the NDAA and 93 against. Republicans voting are overwhelmingly in favor: 190-43, almost four out of five. Obama will sign the NDAA into law by December 31, 2011 (see December 31, 2011). [Open Congress, 12/14/2011]
Fallout over Bill - The same day Congress votes to pass the bill, two senators who voted for it, Feinstein and Patrick Leahy (D-VT), introduce a bill to restrict presidential authority to indefinitely detain US citizens (see December 15, 2011). A poll that will be conducted shortly after the bill is passed finds that only one in four “likely voters” approve of it (see December 22-26, 2011). Less than six months after the bill is signed into law, a federal judge will issue a preliminary injunction barring enforcement under section 1021 (see May 16, 2012), in response to a lawsuit that will be filed by seven activists and journalists (see January 13, 2012).

Entity Tags: Bernie Sanders, George W. Bush, Dianne Feinstein, Carl Levin, Glenn Greenwald, Patrick J. Leahy, Barack Obama, Mark Udall, Human Rights Watch, American Civil Liberties Union

Timeline Tags: Civil Liberties

A public opinion poll finds the 2012 National Defense Authorization Act (NDAA), which provides for indefinite military detention of anyone accused of supporting groups hostile to the United States, has low support among the general public. The poll, conducted by IBOPE (formerly known as Zogby) shortly after the bill is passed by Congress (see December 15, 2011), finds that just 24 percent of Americans who are “likely voters” say they support the NDAA, and only 4 percent strongly support it. Thirty-eight percent oppose it, and another 38 percent are unsure. Thirty percent of Republicans, 22 percent of independents, and 21 percent of Democrats approve of the law. The results of the poll will be released on January 6, 2012, after President Obama signs the bill into law (see December 31, 2011). The bill began generating controversy six months ago, after the American Civil Liberties Union highlighted the indefinite detention provisions (see July 6, 2011 and after). [IBOPE Inteligência, 1/6/2012]

Entity Tags: Zogby International, IBOPE Inteligência

Timeline Tags: Civil Liberties

President Obama signs a controversial bill passed by Congress (see December 15, 2011), which gives the president power to order indefinite military detention for anyone deemed an enemy combatant, including US citizens arrested or captured in the United States. Obama had threatened to veto the 2012 National Defense Authorization Act (NDAA) on a number of occasions, but once certain restrictions on presidential authority were removed, he became willing to sign it. For instance, the original version of the bill required that persons covered by the bill be held prisoner by the military and prosecuted by military tribunals, if at all. Obama was of the view that by requiring military detention, Congress was intruding on areas under the purview of the executive branch, and in ways that would impede the ability of the executive branch to effectively gather intelligence, fight terrorism, and protect national security. He also believed the bill was unnecessary and potentially risky in order to codify detention authority, and that the president already had authority, via the 2001 Authorization to Use Military Force (AUMF) and subsequent court rulings, to unilaterally designate persons, including US citizens, as enemy combatants and subject them to indefinite military detention without trial. [White House, 12/31/2011; Salon, 12/15/2012] For the same reasons, Secretary of Defense Leon Panetta, CIA Director David Petraeus, FBI Director Robert Mueller, Director of National Intelligence James Clapper, White House Advisor for Counterterrorism John Brennan, and DOJ National Security Division head Lisa Monaco were also opposed to the mandatory military detention provisions. [ACLU, 12/7/2011] Also, according to Senator Carl Levin (D-MI), a sponsor of the NDAA, “[L]anguage which precluded the application of section 1031 [1021 in the final bill] to American citizens was in the bill we originally approved in the Armed Services Committee, and the administration asked us to remove the language which says that US citizens and lawful residents would not be subject to this section.” [Senate, 11/17/2011] With the bill drafted so that military detention was optional, and an option US citizens were subject to (see December 15, 2011), Obama signaled he would sign it, despite having concerns that it was still unduly restrictive of executive authority, and it unnecessarily codified authority that had been exercised for 10 years and had been upheld by a number of lower court decisions. [White House, 12/17/2011 pdf file] However, in a non-binding signing statement attached to the bill, Obama says he is signing the bill “despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” Obama does not specify what his reservations are, but promises: “[M]y administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a nation.” [White House, 12/31/2011]
Controversy over Indefinite Detention Provisions - Though 86 percent of US senators and almost two-thirds of the House of Representatives voted to pass the NDAA (see December 15, 2011), and the bill is signed by Obama, the military detention measures are opposed by a number of constitutional experts and public interest organizations, and a significant percentage of the general public (see December 22-26, 2011).

Entity Tags: James R. Clapper Jr., Carl Levin, Barack Obama, Central Intelligence Agency, Federal Bureau of Investigation, US Department of Justice, US Department of Defense, Leon Panetta, Robert S. Mueller III, John O. Brennan, David Petraeus, Lisa Monaco

Timeline Tags: Civil Liberties

A journalist and activist sues to overturn provisions in a US defense spending bill that authorize indefinite military detention, including of US citizens, who are accused of being associated with groups engaged in hostilities with the United States (see December 15, 2011, December 31, 2011). The indefinite detention provisions in the NDAA caused considerable controversy from the time they were first proposed (see July 6, 2011 and after). Chris Hedges, formerly of the New York Times, and his attorneys, Carl J. Mayer and Bruce I. Afran, file the suit seeking an injunction barring enforcement of section 1021 (formerly known as 1031) of the 2012 National Defense Authorization Act (NDAA), alleging it is unconstitutional because it infringes on Hedges’ First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment. President Obama and Secretary of Defense Leon Panetta are named as defendants in the initial complaint, individually and in their official capacities. [TruthDig, 1/16/2012] Six other writers and activists will later join Hedges as plaintiffs in the lawsuit: Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O’Brien, “US Day of Rage,” Kai Wargalla, and Birgitta Jónsdóttir, who is also a member of parliament in Iceland. Senators John McCain (R-AZ), Harry Reid (D-NV), and Mitch McConnell (R-KY), and Representatives Nancy Pelosi (D-CA), John Boehner (R-OH), and Eric Cantor (R-VA), will be added as defendants, in their official capacities. [Final Complaint: Hedges v. Obama, 2/23/2012 pdf file] The plaintiffs, their attorneys, and two supporting organizations, RevolutionTruth and Demand Progress, will establish a Web site to provide news and information related to the case, including legal documents. [StopNDAA.org, 2/10/2012] The Lawfare Blog will also post a number of court documents related to the case, including some not available at StopNDAA.org, such as the declarations of Wargalla, O’Brien, and Jónsdóttir. [Lawfare, 4/4/2012] Journalist and activist Naomi Wolf will file an affidavit supporting the lawsuit. [Guardian, 3/28/2012] The judge in the case, Katherine B. Forrest, will issue a preliminary injunction enjoining enforcement of the contested section, finding it unconstitutional (see May 16, 2012).

Entity Tags: Chris Hedges, US Congress, US Department of Defense, United States District Court, New York, Southern Division, Carl Mayer, Birgitta Jónsdóttir, RevolutionTruth, Alexa O’Brien, Barack Obama, Noam Chomsky, White House, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Bruce Afran, Nancy Pelosi, Kai Wargalla, John McCain, Katherine B. Forrest, Leon Panetta, John Boehner

Timeline Tags: Civil Liberties

US District Court Judge Katherine B. Forrest (Southern Division, New York) finds a controversial section of the 2012 National Defense Authorization Act (NDAA) unconstitutional and issues a preliminary injunction barring enforcement. Section 1021(b)(2) of the NDAA authorizes indefinite military detention without trial of any person “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces” (see December 15, 2011). The law makes no exception for US persons. It has been under review by the court because seven individuals (journalists, activists, and politicians) sued, alleging this section is unconstitutional because it violates their First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment (see January 13, 2012). [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds NDAA Undermines Protected Speech and Association - The plaintiffs argued that, due to their association with and/or reporting on al-Qaeda and the Taliban in the course of their work as journalists and activists, they might be subject to detention under § 1021, and that, due to the vagueness of the law, there was no way to know if the law could be used against them. In testimony and briefs, the plaintiffs gave examples of how they had altered their speech and behavior out of fear they might be subject to detention. In her Opinion and Order, Forrest notes: “The Government was unable to define precisely what ‘direct’ or ‘substantial’ ‘support’ means.… Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.” And: “The Government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs—or others—are not within § 1021. It did not. This Court therefore must credit the chilling impact on First Amendment rights as reasonable—and real. Given our society’s strong commitment to protecting First Amendment rights, the equities must tip in favor of protecting those rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Rejects All Three Arguments Made by the Government - Forrest summarizes the government’s position in this way: “[F]irst, that plaintiffs lack standing; second, that even if they have standing, they have failed to demonstrate an imminent threat requiring preliminary relief; and finally, through a series of arguments that counter plaintiffs’ substantive constitutional challenges, that Section 1021 of the NDAA is simply an ‘affirmation’ or ‘reaffirmation’ of the authority conferred by the 2001 Authorization for Use of Military Force.” Rejecting the first and second arguments, Forrest finds the plaintiffs do have standing because their fear of imminent indefinite detention without charge or trial is reasonable, due to the vagueness of § 1021 and the government’s failure to state that the plaintiff’s activities aren’t covered under section 1021, leaving the plaintiffs with no way of knowing if they might be subject to detention. Furthermore, Forrest finds the plaintiffs have suffered actual harm, evidenced by incurring expenses and making changes in speech and association due to fear of potential detention. Regarding the third argument, Forrest rejects the idea that § 1021 could simply be affirming the AUMF, because “[t]o so hold would be contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning”; otherwise § 1021 would be “redundant” and “meaningless.” Furthermore, Forrest finds § 1021 of the NDAA is substantively different than the AUMF; it is not specific in its scope and “lacks the critical component of requiring… that an alleged violator’s conduct must have been, in some fashion, ‘knowing.’” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds Lawsuit Will Likely Succeed on Merits, Justifying Injunction - Based on the information put forward by the seven plaintiffs and the government, Forrest concludes the lawsuit will likely succeed on its merits, thus it should be allowed to proceed, stating: “This Court is left then, with the following conundrum: plaintiffs have put forward evidence that § 1021 has in fact chilled their expressive and associational activities; the Government will not represent that such activities are not covered by § 1021; plaintiffs’ activities are constitutionally protected. Given that record and the protections afforded by the First Amendment, this Court finds that plaintiffs have shown a likelihood of succeeding on the merits of a facial challenge to § 1021.” Forrest also notes that issuing a preliminary injunction barring enforcement is unusual, but called for given the evidence and circumstances, stating: “This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]

Entity Tags: Chris Hedges, US Department of Defense, Carl Mayer, United States District Court, New York, Southern Division, White House, Birgitta Jónsdóttir, US Congress, Alexa O’Brien, Barack Obama, Noam Chomsky, US Department of Justice, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Nancy Pelosi, Leon Panetta, John Boehner, Katherine B. Forrest, John McCain, Bruce Afran, Kai Wargalla

Timeline Tags: Civil Liberties

President Obama’s Justice Department files a motion urging a federal judge to reconsider a ruling and order that blocked enforcement of a law authorizing indefinite military detention. The case is Hedges v. Obama and the law at issue is section 1021 of the 2012 National Defense Authorization Act (NDAA). The filing calls Judge Katherine B. Forrest’s preliminary injunction barring enforcement of Section 1021(b)(2) of the NDAA (see May 16, 2012) “extraordinary” as it restricts the president’s authority during wartime. It also questions whether “an order restraining future military operations could ever be appropriate,” and disputes Forrest’s finding that the plaintiffs who had sued to overturn the law (see January 13, 2012) have standing to sue. In footnote 1, the government states that it is construing the order “as applying only as to the named plaintiffs in this suit.” Forrest will clarify in a subsequent Memorandum Opinion and Order that by blocking enforcement of § 1021(b)(2), the only remaining persons covered are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks” (see June 6, 2012). [Hedges v. Obama: Government's Memorandum of Law in Support of Its Motion for Reconsideration of the May 16, 2012, Opinion and Order, 5/25/2012]
Background - The NDAA was passed by Congress on December 15, 2011 (see December 15, 2011) and signed into law by President Obama on December 31 (see December 31, 2011). The provision for indefinite military detention of any person accused of supporting groups hostile to the United States, without charge or trial, began to generate controversy soon after it was disclosed (see July 6, 2011 and after).

Entity Tags: Noam Chomsky, US Congress, White House, US Department of Justice, United States District Court, New York, Southern Division, US Department of Defense, Mitch McConnell, Nancy Pelosi, Katherine B. Forrest, Carl Mayer, Bruce Afran, Birgitta Jónsdóttir, Barack Obama, Alexa O’Brien, Chris Hedges, Leon Panetta, Kai Wargalla, Daniel Ellsberg, John McCain, John Boehner, Jennifer Bolen, Eric Cantor, Harry Reid

Timeline Tags: Civil Liberties

A federal judge denies the US government’s request (see May 25, 2012) to reconsider her order (see May 16, 2012) blocking enforcement of a law authorizing indefinite military detention, without charge or trial, of anyone, including US citizens arrested in the United States, accused of supporting groups hostile to the United States. Section 1021 of the 2012 National Defense Authorization Act (NDAA—see December 15, 2011) is under review in the case of Hedges v. Obama (see January 13, 2012) and Judge Katherine B. Forrest of the US District Court, New York Southern Division had issued a preliminary injunction enjoining enforcement of the law after finding it unconstitutional.
Controversy over Scope of Detention Authority - The US government had also stated in its request for reconsideration that it was interpreting Forrest’s order as applying only to the plaintiffs in the case. Forrest clarifies in her subsequent Memorandum Opinion and Order that by enjoining enforcement of § 1021(b)(2), the only remaining persons the law can be applied to are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.” This definition of covered persons is the same as the one given in the 2001 Authorization for Use of Military Force, passed by Congress following the September 11 attacks (see September 14-18, 2001). The Supreme Court has only ruled on a narrow range of relevant detention issues; one oft-cited case is Hamdi v. Rumsfeld (see June 28, 2004). Lower courts have produced a variety of opinions, some upholding an expansive view of detention authorities, others challenging it. In § 1021 of the NDAA, Congress asserted that it “affirms” detention authority granted under the AUMF, and does not “expand… the scope of the [AUMF].” Senator Carl Levin (D-MI), during a debate on the NDAA, explained the language in this way: “[W]e make clear whatever the law is. It is unaffected by this language in our bill” (see December 15, 2011). Congress included a separate, broader definition of covered persons in § 1021(b)(2) that potentially covered anyone alleged by the government to have supported groups hostile to the US, including US citizens arrested in the United States. This section is what prompted Hedges to sue, alleging these provisions violated his First and Fifth Amendment rights (see January 13, 2012). Forrest found the bill’s broad and vague provisions for indefinite military detention to be unconstitutional, and Congress’s statement that it was only affirming established law to be “contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning” (see May 16, 2012). [MEMORANDUM OPINION & ORDER: Hedges et al v. Obama 12 Civ. 331 (KBF) affirming preliminary injunction and scope, 6/6/2012]

Entity Tags: US Department of Justice, Katherine B. Forrest, Carl Levin, United States District Court, New York, Southern Division, National Defense Authorization Act of 2012

Timeline Tags: Civil Liberties

An artist’s rendition of Adel Abdel Bary tearing up in court.An artist’s rendition of Adel Abdel Bary tearing up in court. [Source: Reuters]Adel Abdel Bary is sentenced to 25 years in prison after pleading guilty to several terror-related counts, including making bomb threats and conspiring to kill American citizens overseas. Bary is the father of Abdel-Majed Abdel Bary, a suspected Islamic State of Iraq (ISIS) militant, originally one of three people thought to be the infamous “Jihadi John” who beheaded journalist James Foley in August 2014. (Authorities will later determine “Jihadi John” to be Briton Mohammed Emwazi.) Adel Abdel Bary admits to being an al-Qaeda spokesman following the bombings of the US embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998). Anas al-Liby and Khalid al-Fawwaz, also accused of being al-Qaeda operatives, were set to appear alongside Adel Abdel Bary in New York in two months’ time. Al-Liby and Fawwaz have pleaded not guilty to their terror charges. [Independent, 9/20/2014; US Department of Justice, 2/6/2015; Washington Post, 2/26/2015]

Entity Tags: Khalid al-Fawwaz, Adel Abdel Bary, Anas al-Liby

Timeline Tags: Complete 911 Timeline

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