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Context of 'First week of January 2002: ’Tipton Three’ Tortured in Kandahar'

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Hussein Abdelkadr Youssouf Mustafa says he is administered pills before boarding a plane from Afghanistan to Guantanamo. “They pushed three or four pills into my mouth, drugs,” he says “I felt all the time I was between sleeping and waking.” [Independent, 1/8/2005] He was arrested on May 25, 2002 in Pakistan (see June 4, 2002-early August 2002).

Entity Tags: Hussein Abdelkadr Youssouf Mustafa

Timeline Tags: Torture of US Captives

According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
bullet Isolation during the first two weeks, when he does not even know he is in Afghanistan;
bullet Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
bullet Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
bullet Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
bullet High temperatures;
bullet Bright lights in a cell where he is kept;
bullet Loud music;
bullet Denial of time to pray;
bullet Insufficient food, which was “inedible”;
bullet Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
bullet Beatings;
bullet US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
bullet Hairs are ripped from his chest and head by US personnel; and
bullet US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi, Damien Cosetti

Timeline Tags: Torture of US Captives

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

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

Mohammed Mansour Jabarah.Mohammed Mansour Jabarah. [Source: CBC]A number of governments are given warnings suggesting an upcoming attack on nightclubs on the island of Bali, Indonesia, but this does not prevent the bombing of two nightclubs in Bali in October 2002 (see October 12, 2002). Mohammed Mansour Jabarah, an al-Qaeda operative with Canadian citizenship, attended a meeting held in January 2002 in southern Thailand led by Hambali, an al-Qaeda leader who also heads the al-Qaeda affiliate Jemaah Islamiyah (JI). Hambali announces a new plan to target nightclubs and restaurants in Southeast Asia. A second meeting held shortly thereafter also attended by Jabarah (but not Hambali) narrowed the target to nightclubs in Bali. Jabarah was arrested in Oman in April 2002 and deported to Canada. By August, he is in the US and is interrogated by US agents, and he reveals this attack plan. He also reveals code phrases, such as the use of “white meat” to refer to US targets. As a result, the FBI completes an intelligence report on his interrogation on August 21, and passes a warning to all Southeast Asian governments immediately thereafter. A leading counterterrorism expert will later say, “There is absolutely no question [Australia] would have received [the report] under our intelligence-sharing agreement with the US, [Britain], and Canada.” [Age (Melbourne), 1/23/2003; Sydney Morning Herald, 10/10/2003] A US intelligence report in early September will list six likely targets, including two nightclubs in Bali (see Early September 2002).

Entity Tags: Jemaah Islamiyah, Federal Bureau of Investigation, Hambali, Mohammed Mansour Jabarah

Timeline Tags: Complete 911 Timeline

In Asadabad, Afghanistan, US troops arrest Haji Rohullah Wakil, a local leader, together with 11 of his associates. They are flown by helicopter to Bagram air base. [New York Times, 8/28/2002] One of Wakil’s associates, Abdul Qayyum, will later tell the Associated Press of his experience at Bagram. Qayyum stays at the base for two months and five days, during which time he says he is systematically deprived of sleep, forced to stand for long periods of time and humiliated by female US soldiers. All the time, he is forbidden to talk to his fellow detainees. He is held in a large hall with about 100 other prisoners divided by wire mesh into several cages or cells, each containing 10 people. The lights are always on, washing is allowed for only five minutes a week, and a bucket is provided for use as a toilet. When a military spokesperson is later asked to comment on Rahman’s account, the spokesperson says it sounds only partially true (see January 22, 2002). [Associated Press, 3/14/2003]

Entity Tags: Haji Rohullah Wakil, Abdul Qayyum

Timeline Tags: Torture of US Captives, War in Afghanistan

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

Entity Tags: Michael H. Mobbs, Jose Padilla

Timeline Tags: Torture of US Captives

Al Haramain logo.Al Haramain logo. [Source: Reuters / Corbis]In June 2002, al-Qaeda operative Omar al-Faruq was captured by the US and interrogated with techniques described as close to torture (see June 5, 2002). On September 9, 2002, he reportedly breaks down and immediately begins spilling secrets in great detail. He confesses that he is al-Qaeda’s senior representative in Southeast Asia. He says that al-Qaeda leaders Abu Zubaida and Ibn al-Shaykh al-Libi had ordered him to “plan large-scale attacks against US interests in Indonesia, Malaysia, [the] Philippines, Singapore, Thailand, Taiwan, Vietnam, and Cambodia.” In particular, he had a plan to launch truck bomb attacks on US embassies in Southeast Asia around the first anniversary of the 9/11 attacks. The US issues a code orange alert, and the attacks never happen. He also says that much of the money for al-Qaeda’s operations in the region comes from the Al Haramain Islamic Foundation, a charity closely linked to the Saudi government. Al-Faruq’s confessions are immediately leaked to Time magazine, which publishes a story about them on September 15. US investigators tell Time that Al Haramain is a “significant” source of funding for al-Qaeda linked groups in the region and they also say they are investigating possible links between al-Qaeda and top al-Haramain officials in Saudi Arabia. [Time, 9/15/2002] However, Al Haramain offices are not shut down in Southeast Asia or elsewhere. Early the next month, a car bomb and a backpack bomb hit two discotheques in Bali, Indonesia, killing over 200 people (see October 12, 2002). The London Times reports later in the month that $74,000 was sent to Abu Bakar Bashir, the spiritual leader of Jemaah Islamiyah, al-Qaeda’s main affiliate in the region. The money was spent to buy the explosives for the bombing from the Indonesian military. Furthermore, Jemaah Islamiyah was mainly funded by money from Al Haramain. [London Times, 10/20/2002] However, Al Haramain still is not shut down. In late 2003, it is announced that the charity’s Indonesian branch is shutting down, but in fact it secretly changes locations and stays open. All Al Haramain branches worldwide will finally be shut down in 2004 (see March 2002-September 2004). [Burr and Collins, 2006, pp. 38-41]

Entity Tags: Ibn al-Shaykh al-Libi, Al Haramain Islamic Foundation, Omar al-Faruq, Abu Bakar Bashir, Abu Zubaida, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Mushin Musa Matwalli Atwah, Muhammad Salah, Mohammed Atef, Mustafa Ahmed al-Hawsawi, Suliman abu Ghaith, Saif al-Adel, Saad bin Laden, Usama al-Kini, Midhat Mursi, Mahfouz Walad Al-Walid, Osama bin Laden, Ibn al-Shaykh al-Libi, Abu Jaffa, Abdullah Ahmed Abdullah, Abdul Rahim al-Sharqawi, Abu Salah al-Yemeni, Abu Zubaida, Abu Zubair al-Haili, Anas al-Liby, Fazul Abdullah Mohammed, Ayman al-Zawahiri, Khalid Shaikh Mohammed, Amin ul-Haq, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Khalid Shaikh Mohammed, Ramzi bin al-Shibh

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

Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 pdf file] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 pdf file; Reuters, 6/7/2007]

Entity Tags: Khalid Shaikh Mohammed, Majid Khan, Central Intelligence Agency

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

US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002). But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).

Entity Tags: Megawati Sukarnoputri, Fred Burks, Central Intelligence Agency, Abu Bakar Bashir, Hamzah Haz, Karen Brooks, Mohammed Saad Iqbal Madni, Omar al-Faruq, Jemaah Islamiyah, Ralph Boyce

Timeline Tags: Complete 911 Timeline

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

Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

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

Entity Tags: Federal Bureau of Investigation, Abdullah Almalki, Wayne Easter, Al-Qaeda, Maher Arar

Timeline Tags: Torture of US Captives

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

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency, Qaed Salim Sinan al-Harethi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

October 6, 2002: Al-Qaeda Attacks Oil Tanker

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

Entity Tags: Abd al-Rahim al-Nashiri

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Maher Arar

Timeline Tags: Torture of US Captives

Ralph Boyce meeting with Megawati Sukarnoputri in September 2004.Ralph Boyce meeting with Megawati Sukarnoputri in September 2004. [Source: Reuters / Corbis]Ralph Boyce, the US ambassador to Indonesia, warns Indonesian President Megawati Sukarnoputri and her top advisers that a group linked to al-Qaeda is planning an attack in Indonesia. The warning does not specify when and where an attack might occur, but it is the latest of several warnings based on the interrogations of al-Qaeda operative Omar al-Faruq and Mohammed Mansour Jabarah (see June 5, 2002 and August 21, 2002). Boyce gives Megawati until October 24 to take action. He says that if Indonesia does not take action by then, the US is going to order all but the most essential US diplomats out of the country as a public warning that Indonesia is a safe haven for terrorists. An unnamed US official will later tell the New York Times: “We told them: ‘Wrap it up. Block it. Demonstrate that you are serious about eliminating the threat against us.’” Boyce publicly warns that the US is considering withdrawing non-essential personnel just hours before two bombs explode in Bali on October 12 (see October 12, 2002). As part of an effort to convince Megawati of the threat, the US allows Indonesian intelligence and police officials to interview al-Faruq, who is in US custody and being held in a secret location. Their interrogation of al-Faruq is still taking place when the Bali bombings occur. [Australian Financial Review, 10/14/2002; New York Times, 10/16/2002]

Entity Tags: Ralph Boyce, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

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

Entity Tags: Ali Gufron, Azhari Husin, Dulmatin, Amrozi bin Nurhasyim, Imam Samudra, Ali Imron, Hambali, Noordin Mohammed Top, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

The Washington Post reports that a former Indonesian military official has confessed to assembling the main bomb that blew up a nightclub in Bali, Indonesia, several days earlier (see October 12, 2002). According to an unnamed Indonesian security official, former Air Force Lieutenant Colonel Dedy Masrukhin says he regrets the loss of life, but will not disclose who ordered him to make the bomb. He was discharged from the military in September 2001 for involvement in a drug case. He received explosives training in the US while he was still in the military. However, less than 24 hours later, an Indonesian military spokesman acknowledges Masrukhin was intensively interrogated but denies that he confessed. [Jakarta Post, 10/16/2002; Washington Post, 10/16/2002] Several days later, the Jakarta Post, an English language newspaper in Indonesia, reports that their sources say “the police received orders to release [Masrukhin] although suspicions of his link to the Bali blasts remain strong.” [Jakarta Post, 10/21/2002] Interestingly, the London Times reports that the explosives used in the bombings were bought from the Indonesian military (see September-October 2002). [London Times, 10/20/2002]

Entity Tags: Tentara Nasional Indonesia, Dedy Masrukhin

Timeline Tags: Alleged Use of False Flag Attacks, Complete 911 Timeline

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

Entity Tags: Robert S. Mueller III, Sibel Edmonds, Barbara Comstock, John Ashcroft, US Department of Justice

Timeline Tags: Complete 911 Timeline, Civil Liberties

Jamil al-Banna and Bisher al-Rawi have been helping the British intelligence agency MI5 communicate with al-Qaeda linked imam Abu Qatada. Al-Rawi had a formal informant relationship but was fired (see Late September 2001-Summer 2002), while al-Banna has been only helping a little on a casual basis (see Summer-Early November 2002). They are planning to travel together to Gambia for business purposes. On October 31, the day before they are to leave, al-Banna is visited by MI5 agents and British police. According to an MI5 memo later given to his lawyers, they attempt to formally recruit him as an informant. They tell him that he could “start a new life with a new identity” and acquire British citizenship (he is a long-time British resident). He turns down the offer. The agents tell him that he can travel to Gambia without a problem and return to Britain when they are done. MI5 records confirm that they are given permission to travel. [Washington Post, 4/2/2006; Observer, 7/29/2007] Al-Banna and al-Rawi leave for their trip the next day (see November 1-7, 2002).

Entity Tags: Bisher al-Rawi, UK Security Service (MI5), Jamil al-Banna

Timeline Tags: Torture of US Captives

Bisher al-Rawi, Jamil al-Banna, and Abdullah El-Janoudi are scheduled to fly from London to Gambia on November 1, 2002. They are going to help al-Rawi’s brother start a peanut factory there. Al-Rawi had worked as an informant for the British intelligence agency MI5, helping them communicate with imam Abu Qatada, but he was fired several months earlier (see Late September 2001-Summer 2002 and Summer 2002). Al-Banna had also been informally helping MI5 with Abu Qatada, but the day before their trip he had turned down an offer to formally work as an MI5 informant (see Summer-Early November 2002 and October 31, 2002). El-Janoudi is a friend and a British citizen, while the other two men are long-time British residents. At Gatwick Airport in London, the three men are detained by security agents. For four days, they are questioned by police about their luggage and their ties to Abu Qatada. In particular, they are interested in a device al-Rawi has. But on closer inspection, it turns out to be a modified store-bought battery charger. Their houses are also searched for evidence. Finally they are cleared and let go. While they are being held, MI5 contacts the CIA and warns that the three men are about to go to Gambia. MI5 calls al-Rawi an “Iraqi extremist” linked to Abu Qatada and says the battery charger is a timing device for a bomb, even though MI5 already knows this is not true. They fail to mention that al-Rawi and al-Banna have been working as MI5 informants. By the time the three men can get another flight to Gambia, seven days have passed. The Washington Post will later note that this “has led to [later] speculation by the men’s attorneys and families that the delay gave the CIA time to position operatives in Gambia.” [Washington Post, 4/2/2006; Observer, 7/29/2007] The CIA, believing the false information sent by MI5, will detain the three men as soon as they arrive in Gambia on November 8 (see November 8, 2002-December 7, 2002).

Entity Tags: UK Security Service (MI5), Abu Qatada, Central Intelligence Agency, Bisher al-Rawi, Abdullah El-Janoudi, Jamil al-Banna

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Wahab al-Rawi.Wahab al-Rawi. [Source: Public domain]Bisher al-Rawi and Jamil al-Banna, both long-time British residents, and Abdullah El-Janoudi, a British citizen, fly from London to Gambia. They are planning to help al-Rawi’s brother, Wahab al-Rawi, set up a mobile peanut oil processing company. But before they left, they were detained for several days by police. Meanwhile, the British intelligence agency MI5 sent the CIA false information about them, for instance alleging that al-Rawi was traveling with a timing device for a bomb, even though MI5 had already inspected it and determined it was simply a battery charger (see November 1-7, 2002). MI5 asks the CIA to detain and question them when they arrive in Gambia. Wahab al-Rawi is already in Gambia, and when he and a friend arrive to greet the three men, all five of them are detained by Gambian agents. [Washington Post, 4/2/2006; Observer, 7/29/2007] But the men are moved to hidden locations and safe houses around the capital. Technically, they are held by the NIA, the Gambian intelligence agency, but CIA agents act as if they are in charge. They are intensively interrogated for many days, and one American using the alias Lee leads the questioning. Al-Rawi and al-Banna had recently worked as informants for MI5, helping them communicate with the radical imam Abu Qatada, who was said to be in hiding but was really an MI5 informant himself (see Late September 2001-Summer 2002 and Summer-Early November 2002). However, MI5 has given the CIA the impression that they were not informants but were plotting with Qatada. Al-Rawi will later say, “From the beginning, the questions made it plain that the Americans had been given the contents of my own MI5 file, which was supposed to be confidential. Lee even told me the British were giving him information. I had agreed to help MI5 because I wanted to prevent terrorism, and now the information I had freely given them was being used against me in an attempt to prove that I myself was some kind of terrorist.” [Observer, 7/29/2007] When Wahab refuses to cooperate and asks either for a lawyer or a representative from the British high commission, the Gambian agents laugh and tell him it was the British who ordered the arrests. [Guardian, 7/11/2003] According to Amnesty International, one of them is warned that if he does not cooperate he will be turned over to the Gambian police who will “beat and rape him.” [Amnesty International, 8/19/2003] The Washington Post will later report, “The primary purpose of this elaborate operation, documents and interviews suggest, was not to neutralize a pair of potential terrorists—authorities have offered no evidence that they were planning attacks—but to turn them into informers.” Al-Rawi’s lawyer will later speculate, “Either it was an attempt to put these guys at risk and to use them to find evidence that would implicate Abu Qatada, or it was an attempt to bring them within the closer control of MI5.” Just a day before leaving Britain, MI5 agents asked al-Banna to become a full-time informant and he had turned them down (see October 31, 2002). After about a month, all but Bisher al-Rawi and al-Banna are freed and allowed to return to Britain. The two of them, however, are flown to the US prison in Bagram, Afghanistan, where harsher interrogation methods can be used on them. [Washington Post, 4/2/2006] Before they leave Gambia, one of their US interrogators tells al-Rawi that they now realize the two of them were MI5 informants, but they will be sent to Bagram anyway. “He told me: ‘We know you were working for MI5’, and said if I told the truth I would get out.” [Observer, 7/29/2007]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Abdullah El-Janoudi, Wahab al-Rawi, “Lee”, Bisher al-Rawi, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

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

Entity Tags: Abd al-Rahim al-Nashiri, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

Entity Tags: William J. Haynes, Donald Rumsfeld, Mohamed al-Khatani, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

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

Entity Tags: James T. Hill, Donald Rumsfeld, Douglas Feith, Richard B. Myers, William J. Haynes

Timeline Tags: Torture of US Captives

Habibullah.Habibullah. [Source: CBS]Mullah Habibullah, a 30-year-old Afghan from the southern province of Oruzgan, dies of complications related to “blunt force trauma” while in detention at the US base at Bagram. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Habibullah was captured by an Afghan warlord on November 28, 2002, and delivered to Bagram by the CIA on November 30. Habibullah is identified as the brother of a former Taliban commander, and later described as portly, well-groomed, and, in the words of American military police officer Major Bobby Atwell, “very confident.” [New York Times, 5/20/2005]
Injured When Delivered into US Custody - When Habibullah arrived at the US air base, he was reportedly already severely hurt. Despite his condition, according to one account, he was isolated “in a ‘safety’ position [stress position], with his arms shackled and tied to a beam in the ceiling.” He was left in that position for days, but regularly checked on. [Knight Ridder, 8/21/2004]
Targeted for Abuse - Though battered and ill, Habibullah’s defiance makes him a target for physical abuse, with the MPs and guards repeatedly attacking his legs. (Some guards will later claim Habibullah’s injuries were received when he tried to escape.) Most of the Americans will later describe Habibullah as insubordinate; one will recall being kneed in the groin by Habibullah after subjecting the prisoner to a rectal examination. Habibullah’s interrogations produce little of worth, in part because the MPs who interrogate him usually have no interpreters available. Sometimes the MPs demand that another prisoner translate for them; usually the interrogation sessions contain no more than physical restraints or beatings. [New York Times, 5/20/2005] At some point, Sgt. James P. Boland, a guard from the Army Reserve’s 377th MP Company from Cincinnati, allegedly watches as a subordinate beats Habibullah. [New York Times, 9/17/2004] The beating of Habibullah was likely witnessed by British detainee Moazzam Begg, who will later say he witnessed the death of “two fellow detainees at the hands of US military personnel” while at Bagram (see July 12, 2004). [Guardian, 10/1/2004; New York Times, 10/15/2004]
Complaints of Chest Pains Mocked - During his last interrogation session, on December 2, Habibullah spends the entirety of the session coughing and complaining of chest pains. His right leg is stiff and his right leg swollen. The interpreter for the session, Ebrahim Baerde, later recalls the interrogators “laughing and making fun of” Habibullah “because he was spitting up a lot of phlegm.” Habibullah is still defiant; when one interrogator asks if he wants to spend the rest of his life in handcuffs, Baerde will recall the prisoner retorting, “Yes, don’t they look good on me?” [New York Times, 5/20/2005]
Found Dead, Hanging from Shackles - On December 3, Habibullah is found dead, still hanging in his shackles. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Boland sees Habibullah hanging from the ceiling of his cell, suspended by two sets of handcuffs and a chain around his waist. His body is slumped forward and his tongue is protruding. Boland, along with Specialists Anthony Morden and Brian Cammack, enters the cell. Cammack puts a piece of bread in Habibullah’s mouth; another soldier puts an apple in Habibullah’s hand, and it falls to the floor. According to Cammack, Habibullah’s spit gets on Cammack’s chest. Later, Cammack will acknowledge, “I’m not sure he spit at me,” but now he screams, “Don’t ever spit on me again!” and knees Habibullah in the thigh “maybe a couple” of times. Habibullah makes no response; his body swings limply from the chains. Twenty minutes later, the guards unchain Habibullah and lay him on the floor. He has no pulse. Cammack, according to another guard, “appeared very distraught” and “was running about the room hysterically.” An MP is sent to wake a medic, who refuses to respond, telling the MP to call an ambulance instead. By the time a second medic arrives at the cell, Habibullah is laid spreadeagled on the floor, eyes and mouth open. “It looked like he had been dead for a while, and it looked like nobody cared,” the medic, Staff Sergeant Rodney Glass, will later recall. Atwell will later recall that Habibullah’s death “did not cause an enormous amount of concern ‘cause it appeared natural.” The autopsy, completed five days later, will show bruises and abrasions on Habibullah’s chest, arms, and head. The body has severe contusions on the calves, knees, and thighs, and the sole print of a boot is on his left calf. The death will be attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. [New York Times, 5/20/2005] His legs have been struck so forcefully, according to one death certificate, it complicated his coronary artery disease. Another certificate will say the beating led to a pulmonary embolism, which is a blockage of an artery in the lungs, often caused by a blood clot. [USA Today, 5/31/2004]
Commanding Officer Able to Hear Screams, Moans of Detainees - In charge of the military intelligence interrogators at Bagram at this time is Capt. Carolyn A. Wood. According to an anonymous intelligence officer, Wood should be aware of what is happening to prisoners at Bagram since interrogations take place close to her office. The intelligence officer will recall hearing screams and moans coming out from the interrogation and isolation rooms. [Knight Ridder, 8/21/2004]

Entity Tags: Carolyn A. Wood, Anthony Morden, Bobby Atwell, Brian Cammack, James P. Boland, Rodney Glass, Ebrahim Baerde, Mullah Habibullah, Moazzam Begg, Taliban

Timeline Tags: Torture of US Captives, War in Afghanistan

Wazir Muhammad, a 31-year-old farmer turned taxi driver from Khost province in Afghanistan, is detained and taken to Bagram. At the time of his arrest, he was working and had four passengers with him in his taxi. During his time at Bagram, he is interrogated, prohibited from talking to other prisoners, and deprived of sleep through the use of loudspeakers. He is later sent to Kandahar and eventually to Guantanamo (see Beginning of 2004). [Guardian, 6/23/2004]

Entity Tags: Wazir Muhammad

Timeline Tags: Torture of US Captives, War in Afghanistan

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

Entity Tags: William J. Haynes, Donald Rumsfeld

Timeline Tags: Torture of US Captives

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

Entity Tags: US Department of Justice, Richard (“Dick”) Cheney, Al-Qaeda, Jose Padilla, Abu Zubaida, Michael Mukasey, Paul Clement

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

A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. [Source: New York Times]Dilawar, a 22-year-old Afghan farmer and part-time taxi driver from the small village of Yakubi in eastern Afghanistan, is picked up by local authorities and turned over to US soldiers. Dilawar is described as a shy, uneducated man with a slight frame, rarely leaving the stone farmhouse he shares with his wife and family. He is captured while driving a used Toyota sedan that his family bought him to use as a taxi. He has three fares, men headed back towards his village, and is stopped by Afghan militiamen loyal to the guerrilla commander Jan Baz Khan. (Khan will later be taken into custody himself for allegedly attacking US targets and then turning over innocent villagers to US forces, accusing them of carrying out the attacks.) The militia confiscates a broken walkie-talkie from one of the passengers, and an electric stabilizer used to regulate current from a generator in the trunk of the Toyota (Dilawar’s family later says the stabilizer is not theirs; they have no electricity). All four men are turned over to American soldiers at Bagram Air Force Base as suspects in a recent rocket attack on the US base at Khost. They spend the first night handcuffed to the fence to deprive them of sleep. Dilawar is then examined by the base doctor, who pronounces him healthy.
Passengers Shipped to Guantanamo, Say Bagram Treatment Far Worse - Dilawar’s three passengers are eventually shipped to Guantanamo for a year, before being released without charge. The three will describe their ordeal at Bagram as far worse than their treatment at Guantanamo. All will claim to have been beaten, stripped in front of female guards, and subjected to repeated and harsh rectal exams. Abdul Rahim, a baker from Khost, will recall: “They did lots and lots of bad things to me [at Bagram]. I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk.” Another of Dilawar’s passengers, Parkhudin, later recalls that Dilawar “could not breathe” in the black cloth hood pulled over his head.
Running Joke - Though Dilawar is shy and frail, he is quickly labeled “noncompliant.” One US military policeman, Specialist Corey Jones, reports that Dilawar spat on him and tried to kick him. Jones retaliated by giving him a number of “peroneal knee strikes” (see May 20, 2005). As Jones will later recall: “He screamed out, ‘Allah! Allah! Allah!’ and my first reaction was that he was crying out to his god. Everybody heard him cry out and thought it was funny. It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out ‘Allah.’ It went on over a 24-hour period, and I would think that it was over 100 strikes.” Several other guards will later admit to striking Dilawar. While most MPs deny any knowledge of Dilawar being injured by the physical assaults, Jones will remember seeing Dilawar’s legs when his orange drawstring pants fell off of him while he was shackled. “I saw the bruise because his pants kept falling down while he was in standing restraints,” Jones will later recall. “Over a certain time period, I noticed it was the size of a fist.” Dilawar’s repeated cries and pleas for his release do little besides annoy his captors.
Fourth Interrogation Marked by Beatings - Dilawar’s fourth interrogation, on December 8, turns sour. Lead interrogator Specialist Glendale Walls will contend that Dilawar is hostile and evasive. Sergeant Selena Salcedo, another interrogator, will say that Dilawar smiled, refused to answer questions, and refused to stay kneeling on the ground or in his ordered “chair-sitting” posture against the wall. But the interpreter present, Ahmad Ahmadzai, has a different recollection. According to Ahmadzai, Dilawar denies launching any rockets at the Americans. He is unable to hold his cuffed hands above him while kneeling, and Salcedo slaps them back up whenever they begin to droop. “Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage,” Ahmadzai will tell investigators. Both Salcedo and Walls repeatedly slam Dilawar against the wall: “This went on for 10 or 15 minutes,” Ahmadzei will say. “He was so tired he couldn’t get up.” Salcedo begins stamping his foot, yanking his head by grabbing his beard, and kicking him in the groin. Ahmadzai will state: “About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him. There was no interrogation going on.” Salcedo orders the MPs to keep him chained to the ceiling of his cell until the next shift comes on. [Knight Ridder, 8/21/2004; New York Times, 5/20/2005]
Chained to the Ceiling - The next morning, Dilawar is still chained to his ceiling. He begins shouting during the morning, and is ignored until around noon, when MPs ask another interpreter, Ebrahim Baerde, to see if he can calm Dilawar. Baerde will tell investigators: “I told him, ‘Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour.’ He told me that if he was in shackles another hour, he would die.” A half-hour later, Baerde returns to the cell to find Dilawar slumped in his chains. “He wanted me to get a doctor, and said that he needed ‘a shot,’” Baerde will recall. “He said that he didn’t feel good. He said that his legs were hurting.” Baerde tells a guard, who checks Dilawar’s circulation by pressing down on his fingernails. According to Baerde, the guard says: “He’s okay. He’s just trying to get out of his restraints.” [New York Times, 3/4/2003; Guardian, 3/7/2003; Independent, 3/7/2003; Knight Ridder, 8/21/2004; New York Times, 9/17/2004; New York Times, 5/20/2005]
Dead Days Later - Dilawar will be found dead in his cell days later (see December 10, 2002).

Entity Tags: Ebrahim Baerde, Glendale Walls, Jan Baz Khan, Dilawar, Abdul Rahim, Ahmad Ahmadzai, Corey Jones, Selena Salcedo, Parkhudin

Timeline Tags: Torture of US Captives, War in Afghanistan

Jamil al-Banna.Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 pdf file]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Bisher al-Rawi, Asif Iqbal

Timeline Tags: Torture of US Captives, War in Afghanistan

Dilawar.Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. [New York Times, 5/20/2005]
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” [New York Times, 3/4/2003; Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; Independent, 3/7/2003; New York Times, 9/17/2004; New York Times, 5/20/2005]

Entity Tags: Joshua Claus, Dilawar, Steven Loring, Glendale Walls, Criminal Investigation Command, Elizabeth A. Rouse, Ali Baryalai, Christopher Yonushonis

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA Director Tenet says in a speech, “The Saudis are [providing] increasingly important support to our counterterrorism efforts, from making arrests to sharing debriefing results.” [Washington Post, 12/26/2002] Several terrorist suspects have been sent to Saudi Arabia for interrogation as part of a special rendition program. But US officials often “remain closely involved” with the questioning (see 1993).

Entity Tags: George J. Tenet

Timeline Tags: Torture of US Captives

David Brant, the head of the Naval Criminal Investigative Service (NCIS), learns of the horrific abuse of a Saudi detainee, Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008), currently detained at Guantanamo Bay. Al-Khatani is one of several terror suspects dubbed the “missing 20th hijacker”; according to the FBI, al-Khatani was supposed to be on board the hijacked aircraft that crashed in a Pennsylvania field on 9/11 (see (10:06 a.m.) September 11, 2001). Al-Khatani was apprehended in Afghanistan a few months after the terrorist attacks. He is one of the examples of prisoner abuse (see August 8, 2002-January 15, 2003) that Brant takes to Naval General Counsel Alberto Mora (see December 17-18, 2002). In 2006, Brant will say that he believes the Army’s interrogation of al-Khatani was unlawful. If any NCIS agent had engaged in such abuse, he will say, “we would have relieved, removed, and taken internal disciplinary action against the individual—let alone whether outside charges would have been brought.” Brant fears that such extreme methods will taint the cases to be brought against the detainees and undermine any efforts to prosecute them in military or civilian courts. Confessions elicited by such tactics are unreliable. And, Brant will say, “it just ain’t right.” [New Yorker, 2/27/2006]

Entity Tags: David Brant, Alberto Mora, Naval Criminal Investigative Service, Federal Bureau of Investigation, Mohamed al-Khatani

Timeline Tags: Torture of US Captives, Civil Liberties

Naval General Counsel Alberto Mora, concerned about information he has learned about detainee abuse at Guantanamo (see December 17-18, 2002), calls his friend Steven Morello, the Army’s general counsel, and asks if he knows anything about the subject. Morello replies: “I know a lot about it. Come on down.”
'The Package' - In Morello’s office, Mora views what he calls “the package”—a collection of secret military documents that outline the origins of the coercive interrogation policies at Guantanamo. It begins with a request to use more aggressive interrogation tactics at Guantanamo (see October 11, 2002). Weeks later, the new head of the detention facility, Major General Geoffrey Miller, pushes senior Pentagon officials for more leeway in interrogations. On December 2, Defense Secretary Donald Rumsfeld gave his approval for the use of several more intensive interrogation tactics, including the use of “hooding,” “exploitation of phobias,” “stress positions,” “deprivation of light and auditory stimuli,” and other coercive methods forbidden from use by the Army Field Manual (see December 2, 2002). Rumsfeld does withhold his approval on the use of some methods such as waterboarding.
'Ashen-faced' - Morello tells Mora, “we tried to stop it,” but was told not to ask questions. A participant in the meeting recalls that Mora was “ashen-faced” when he read the package. According to Mora’s memo, Morello, “with a furtive air,” says: “Look at this. Don’t tell anyone where you got it.” Mora later says, “I was astounded that the secretary of defense would get within 100 miles of this issue.” (Morello will later deny showing Mora a copy of the memo.) Mora is similarly unimpressed by another document in the package, a legal analysis by Army lawyer Diane Beaver (see October 11, 2002), which he says will lead to the use of illegal torture by interrogators.
'Force Drift' - Naval Criminal Investigative Service (NCIS) psychologist Michael Gelles (see Early December, 2002) joins the meeting, and tells Mora that the Guantanamo interrogators are under intense pressure to achieve results. He tells Mora about the phenomenon of “force drift,” where interrogators using coercion begin to believe that if some force achieves results, then more force achieves better results. Mora determines to take action to bring the abuse to a close (see December 20, 2002). [New Yorker, 2/27/2006; Vanity Fair, 5/2008]

Entity Tags: Steven Morello, Naval Criminal Investigative Service, Alberto Mora, US Department of the Army, Donald Rumsfeld, Michael Gelles, Geoffrey D. Miller, US Department of Defense

Timeline Tags: Torture of US Captives, Civil Liberties

Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]

Entity Tags: Alberto Mora, Gordon England, David S. Addington, William J. Haynes, Lawrence Wilkerson, Donald Rumsfeld, US Department of Defense, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]

Entity Tags: Stephen Clutter

Timeline Tags: Torture of US Captives

Human Rights Watch writes to President Bush about the allegations of torture reported in the Washington Post (see December 26, 2002), asking that the allegations be investigated immediately. [Human Rights Watch, 12/26/2002; BBC, 12/26/2002; CBC News, 12/27/2002; Washington Post, 12/28/2002; Human Rights Watch, 5/7/2004] White House spokesman Scott McClellan denies that US interrogation practices violate international law and indicates no interest on the part of the administration to investigate the allegations. “We are not aware we have received the letter.… [W]e believe we are in full compliance with domestic and international law, including domestic and international law dealing with torture.” He adds that combatants detained by the US are always treated “humanely, in a manner consistent with the third Geneva Convention.” [Washington Post, 12/28/2002]

Entity Tags: Human Rights Watch, Scott McClellan, George W. Bush

Timeline Tags: Torture of US Captives

The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]

Entity Tags: US Department of the Army, Central Intelligence Agency, International Committee of the Red Cross, Stephen Clutter, US Department of Defense

Timeline Tags: Torture of US Captives

Lawyers from the CIA’s Office of General Counsel examine videos of detainee interrogations made by the CIA the year before (see Spring-Late 2002). Although the videos show practices that are said to amount to torture (see Mid-May 2002 and After, June 16, 2004, Shortly After September 6, 2006, and March 10-April 15, 2007), the lawyers find that they show lawful methods of questioning. The tapes are also examined by the Agency’s Inspector General around this time. [Central Intelligence Agency, 12/6/2007]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives

Pentagon General Counsel William J. Haynes reportedly meets with Defense Secretary Donald Rumsfeld to discuss concerns over the use of interrogation techniques at Guantanamo that were approved by Rumsfeld in December (see December 2, 2002). Rumsfeld, according to Dell’Orto, calls Gen. James T. Hill and suspends the use of the category two and the single category three technique. [Washington File, 6/23/2004]

Entity Tags: William J. Haynes, Donald Rumsfeld, James T. Hill, Daniel J. Dell’Orto

Timeline Tags: Torture of US Captives

In a memo to General Counsel William J. Haynes, Defense Secretary Donald Rumsfeld, without an explanation, rescinds his authorization for the majority of the interrogation methods he approved in December (see December 2, 2002). The remaining methods can only be used with his express approval and on an individual basis. [New York Times, 8/25/2004] He also forms a panel of top Defense Department officials, known as the General Counsel Interrogation Working Group, “to assess the legal, policy, and operational issues relating to the interrogations of detainees held by the US Armed Forces in the war on terrorism.” This should ultimately result in the development of proper interrogation techniques. [MSNBC, 6/23/2004] The working group will consist of people working in the offices of Haynes, Douglas Feith, the military departments, and the Joint Staff. Haynes will be the panel’s chairman. [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Donald Rumsfeld, Douglas Feith, William J. Haynes

Timeline Tags: Torture of US Captives

Carolyn Wood.Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002) (see December 26, 2002) (see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives, War in Afghanistan

Lt. Gen. Daniel McNeill, the commander of US forces in Afghanistan (Commander of Joint Task Force 180), announces an investigation into the deaths of Bagram prisoners Dilawar (see December 10, 2002) and Mullah Habibullah (see November 30-December 3, 2002). Nevertheless, he claims both prisoners died of natural causes. Dilawar, according to McNeill had an advanced heart condition with his coronary arteries 85 percent blocked. “We haven’t found anything that requires us to take extraordinary action,” McNeill says. “We are going to let this investigation run its course.” But military pathologists have already determined both deaths were caused by beatings. Dilawar’s death certificate, signed by Maj. Elizabeth A. Rouse, a pathologist with the Armed Forces Institute of Pathology in Washington, stated that Dilawar’s cause of death was “blunt-force injuries to lower extremities complicating coronary artery disease.” [Guardian, 6/23/2004] When McNeill is asked whether the dead prisoners suffered injuries during detention, he denies this. “Presently, I have no indication of that,” he says. Later, McNeill claims that the prisoners had already suffered injuries before arriving at Bagram. When asked about the use of chains, he replies: “We are not chaining people to the ceilings. I think you asked me that question before.” [New York Times, 9/17/2004]

Entity Tags: Elizabeth A. Rouse, Dilawar, Daniel K. McNeill

Timeline Tags: Torture of US Captives, War in Afghanistan

Lawyers Wilson Brown and Jeff Almeida file a request with the Supreme Court, asking it to reconsider its landmark 1953 case, US v Reynolds (see March 9, 1953). The lawyers are representing several family members who lost fathers (and, in one case, a husband) in the airplane crash that led to the original case (see October 6, 1948). The lawyers note that the government’s original claim that the accident reports could not be released due to the inclusion of “military secrets” (see July 26, 1950) is false, as the accident reports have been declassified and examined for such secrets (see February 2000). “Indeed,” the lawyers write, “they are no more than accounts of a flight that, due to the Air Force’s negligence, went tragically awry. In telling the Court otherwise, the Air Force lied. In reliance upon that lie, the Court deprived the widows [the three original plaintiffs] of their judgments. It is for this Court, through issuance of a writ of error coram nobis and in exercise of its inherent power to remedy fraud, to put things right… United States v. Reynolds stands as a classic ‘fraud on the court,’ one that is most remarkable because it succeeded in tainting a decision of our nation’s highest tribunal.” [Siegel, 2008, pp. 249-251] On July 26, 2002, one of the plaintiffs, Judy Palya Loether, wrote in an e-mail to Brown: ”US v Reynolds has come to be a landmark case that is used by the government when it claims that documents cannot be turned over to the courts because of national security. Yet this very case is now proven, in my mind, to be based on a lie that did injury to 3 widows and 5 little children (see February 2000)… It allowed the government an area of no checks and balances (see December 11, 1951). How many times has the government used this decision, not to protect national security, but for its own purposes?” [Siegel, 2008, pp. 237-238]

Entity Tags: Judy Palya Loether, Jeff Almeida, US Supreme Court, US Department of the Air Force, Wilson Brown

Timeline Tags: Civil Liberties

Lt. Gen. Daniel McNeill, US troop commander in Afghanistan, tells the New York Times that prisoners are forced to stand for long periods at the US prison in Bagram, but denies that they have been chained to the ceilings. “Our interrogation techniques are adapted,” he says. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation [of Dilawar’s death (see December 10, 2002)], we find things that need to be changed, we will certainly change them.” [New York Times, 3/4/2003]

Entity Tags: Dilawar, Daniel K. McNeill

Timeline Tags: Torture of US Captives, War in Afghanistan

At some point after alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is captured (see February 29 or March 1, 2003), interrogators threaten to kill his children if he does not co-operate with them. An “experienced agency interrogator” will tell the CIA inspector general that “interrogators said to Khalid Shaikh Mohammed that if anything else happens in the United States, ‘We’re going to kill your children.’” [Central Intelligence Agency, 5/7/2004, pp. 43 pdf file] Two of his children are alleged to have been captured in late 2002 (see After September 11, 2002). According to author Ron Suskind, this is after CIA headquarters authorizes the interrogators to “do whatever’s necessary” to get information. However, according to a CIA manager with knowledge of the incident, “He [KSM] basically said, so, fine, they’ll join Allah in a better place.” [Suskind, 2006, pp. 230]

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Torture of US Captives, Complete 911 Timeline

An unnamed US law enforcement official tells the Wall Street Journal, “[B]ecause the [Convention Against Torture—see October 21, 1994] has no enforcement mechanism, as a practical matter, ‘you’re only limited by your imagination.’” A detainee “isn’t going to be near a place where he has Miranda rights or the equivalent of them,” the official says. “God only knows what they’re going to do to him. You go to some other country that’ll let us pistol whip this guy.” [Wall Street Journal, 3/4/2003; Human Rights Watch, 5/7/2004]

Entity Tags: Convention Against Torture

Timeline Tags: Torture of US Captives

A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]

Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture.Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).

Entity Tags: Jack Goldsmith, “Jerry M”, Aero Contractors, International Committee of the Red Cross, David S. Addington, Central Intelligence Agency, Khalid Shaikh Mohammed, Stare Kiejkuty

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

After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [New Yorker, 8/6/2007; MSNBC, 9/13/2007; New York Review of Books, 3/15/2009] He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” [New York Review of Books, 3/15/2009] Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. [New York Review of Books, 3/15/2009] However, contradictory reports will later appear:
bullet NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” [MSNBC, 9/13/2007]
bullet In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” [ABC News, 11/18/2005] In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. [ABC News, 9/14/2007] In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” [ABC News, 11/18/2005]
bullet The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. [New York Times, 10/4/2007]
bullet The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” [New Yorker, 8/6/2007]
bullet A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. [ABC News, 11/18/2005]
bullet In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).

Entity Tags: Khalid Shaikh Mohammed, Central Intelligence Agency, John Sifton

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

A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]

Timeline Tags: Torture of US Captives

When an Associated Press reporter asks the US military to comment on the accounts of two former Afghan detainees (see December 10, 2002) (see November 30-December 3, 2002), spokesman Roger King claims their accounts are mostly untrue. “Some of the stuff they are saying sounds like partial truths, some of it’s completely bogus,” he says. “They were stripped naked probably to prevent them from sneaking weapons into the facility. That’s why someone may be stripped…. We do force people to stand for an extended period of time…. Disruption of sleep has been reported as an effective way of reducing people’s inhibition about talking or their resistance to questioning….They are not allowed to speak to one another. If they do, they can plan together or rely on the comfort of one another. If they’re caught speaking out of turn, they can be forced to do things—like stand for a period of time—as payment for speaking out.” [Associated Press, 3/14/2003; Amnesty International, 8/19/2003]

Entity Tags: Roger King

Timeline Tags: Torture of US Captives, War in Afghanistan

The platoon of 15 interrogators led by Capt. Carolyn A. Wood is sent to Iraq together with another 15 fellow soldiers from Company A of the 519th Military Intelligence Battalion. [Knight Ridder, 8/21/2004] Wood had been involved in detainee abuses in Afghanistan (see November 30-December 3, 2002) and will be involved in the Abu Ghraib detainee abuse scandal in Iraq (see (Early August 2003)).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives

Bisher al-Rawi.Bisher al-Rawi. [Source: Craig Hibbert]In February 2003, British residents Bisher al-Rawi and Jamil al-Banna are transferred from Bagram in Afghanistan to the Guantanamo prison. They spend their first month in isolation. Al-Rawi’s head and beard are shaved off as has allegedly already happened to al-Banna during his detention at Bagram. Al-Banna is put in a cell next to detainee Asif Iqbal. “[S]oon after,” Iqbal will later recall, al-Banna “began to deteriorate.” At Guantanamo, according to Iqbal, “al-Banna was in constant pain from his joints because he suffered from rheumatism and he was diabetic.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Al-Rawi and al-Banna had served as informants for the British intelligence agency MI5, helping MI5 communicate with radical imam Abu Qatada, who also was an MI5 informant (see Late September 2001-Summer 2002 and Summer-Early November 2002). First in Gambia and then in Bagram, they were pressured to resume being informants, but they refused (see November 8, 2002-December 7, 2002 and December 8, 2002-March 2003). After about six months in Guantanamo, an MI5 officer visits al-Rawi and again asks him if he wants to resume being an informer. Later, one of his previous MI5 handlers comes to visit him. He will recall: “I suppose he was nice enough. He asked if I wanted anything. I asked for a book on base jumping. He never came back, and I never got the book.” Eventually, two other previous handlers visit him and try to recruit him yet again. “They said, “You know, Bisher, if you agree to work for us when you get back to Britain, we’ll get you out.” They promised to return, but never did.” When al-Rawi faces a tribunal in September 2004 to determine if his detention is justified, he asks for his previous MI5 handlers to corroborate that he had been an informant. The British government refuses to help in any way, and the tribunal decides that he should continue to be imprisoned. The two of them grow increasingly bored and depressed, and face harsh conditions. For instance, after three detainees commit suicide in June 2006, the jailers retaliate by keeping the air conditioning turned to maximum for months. “We were freezing the whole time. Other times they made it scorching hot,” al-Rawi says. Al-Banna is not even allowed to phone his sick mother just before she dies. [Washington Post, 4/2/2006; Observer, 7/29/2007] Al-Rawi will finally be freed and flown back to Britain on April 3, 2007. Al-Banna will be freed and returned to Britain on November 18, 2007.

Entity Tags: Bisher al-Rawi, Asif Iqbal, Jamil al-Banna, UK Security Service (MI5)

Timeline Tags: Torture of US Captives

President Bush asserts his own authority to take the nation to war over Congress’s constitutional powers. In a letter to Congress announcing the military strikes against Iraq, Bush briefly notes Congress’s authorization for military action (see October 11, 2002), but writes that he has ordered US troops into battle “pursuant to my authority as commander in chief.” The letter is sent to House Speaker Dennis Hastert (R-IL) and Senate President Pro Tempore Ted Stevens (R-AK). Bush made a similar, and similary unchallenged, assertion when he sent US troops into Afghanistan (see October 7, 2001). [Letter to congressional leaders reporting on the commencement of military operations against Iraq, 3/21/2003; Savage, 2007, pp. 158]

Entity Tags: Ted Stevens, George W. Bush, Dennis Hastert

Timeline Tags: Civil Liberties

Saudi detainee Ahmed Muhammad al-Darbi is transferred from Bagram, Afghanistan (see August 2002), to Guantanamo. According to a statement he will later make (see July 1, 2009), he is abused at Guantanamo. The abuse includes:
bullet Solitary confinement;
bullet Loud music;
bullet Cold temperatures;
bullet Bright lights;
bullet US personnel disrespecting the Koran by throwing it to the ground; and
bullet Not being allowed to go to the bathroom during interrogations.
Al-Darbi is mostly questioned by the FBI, including an agent he knows as “Tom” and who questioned him at Bagram. Tom allegedly tells al-Darbi that “if I did not stick with my Bagram confessions, I would not ‘escape Bagram.’” If he does not cooperate he is allegedly to be sentenced to death and executed, or tortured, raped, and sexually abused at Guantanamo, or sent back to Bagram or to other countries. Al-Darbi will later claim, “The interrogators at Bagram and Guantanamo fed me particular details in my statements and forced me to identify individuals based on photographs or to ascribe to those individuals certain conduct.” However, he apparently never signs a written statement and will say that he makes “numerous false statements” under questioning. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi

Timeline Tags: Torture of US Captives

The Los Angeles Times reports that, ironically, the man in charge of security for the nation where the US bases its headquarters for the Iraq war is a supporter of al-Qaeda. Sheik Abdullah bin Khalid al-Thani is the Interior Minister of Qatar. US Central Command and thousands of US troops are stationed in that country. In 1996, al-Thani was Religious Minister and he apparently let 9/11 mastermind Khalid Shaikh Mohammed (KSM) live on his farm (see January-May 1996). Mohammed was tipped off that the US was after him. Some US officials believe al-Thani was the one who helped KSM escape, just as he had assisted other al-Qaeda leaders on other occasions. [Los Angeles Times, 3/28/2003] Another royal family member has sheltered al-Qaeda leaders and given over $1 million to al-Qaeda. KSM was even sheltered by Qatari royalty for two weeks after 9/11 (see Late 2001). [New York Times, 2/6/2003] Ahmad Hikmat Shakir, who has ties to the 1993 World Trade Center bombing (see February 26, 1993), the Bojinka plot (see January 6, 1995), and also attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), was sheltered by al-Thani’s religious ministry in 2000. [Newsweek, 9/30/2002] Former counterterrorism “tsar” Richard Clarke says al-Thani “had great sympathy for Osama bin Laden, great sympathy for terrorist groups, was using his personal money and ministry money to transfer to al-Qaeda front groups that were allegedly charities.” However, the US has not attempted to apprehend al-Thani or take any other action against him. [Los Angeles Times, 3/28/2003]

Entity Tags: Al-Qaeda, Richard A. Clarke, Khalid Shaikh Mohammed, Osama bin Laden, Abdallah bin Khalid al-Thani, United States, Ahmad Hikmat Shakir

Timeline Tags: Complete 911 Timeline

Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]

Entity Tags: Donald Rumsfeld, Douglas Feith, Paul Wolfowitz, Richard B. Myers, William J. Haynes, Ricardo S. Sanchez, Daniel J. Dell’Orto, Charlie Savage

Timeline Tags: Torture of US Captives, Civil Liberties

Twenty-five al-Qaeda operatives are captured in Karachi, Pakistan, including two key 9/11 figures. The captured include Tawfiq bin Attash, better known by his nickname Khallad. He is considered one of the masterminds of the USS Cole bombing (see October 12, 2000) and attended a Malaysia summit where the 9/11 plot was discussed (see January 5-8, 2000). Also captured is Ali Abdul Aziz Ali, one of 9/11 mastermind Khalid Shaikh Mohammed’s nephews. He made travel arrangements for and wired money to many of the 9/11 hijackers. One investigator will later say, “He was turning up everywhere we looked—like a chameleon.” [New York Times, 5/1/2003; Los Angeles Times, 5/21/2006] Both Aziz Ali and bin Attash will be sent to secret CIA prisons and remain there until 2006, when they will be transfered to the Guantanamo Bay prison (see September 2-3, 2006). Bin Attash will be extensively tortured while in US custody in Afghanistan (see April 29 - Mid-May, 2003). The identities and fates of the others captured with them are unknown.

Entity Tags: Khallad bin Attash, Ali Abdul Aziz Ali

Timeline Tags: Complete 911 Timeline

The CIA’s Office of the Inspector General reviews videotapes of the interrogation and custody of militant training camp facilitator Abu Zubaida. The tapes, made in 2002 (see Spring-Late 2002), show 83 applications of the waterboarding technique, most of which last for less than 10 seconds. However, 11 of the interrogation videos turn out to be blank, two others are blank except for one or two minutes, and two more are broken and cannot be reviewed. The Inspector General then compares the tapes to logs and cables about the interrogations and identifies a 21-hour period, including two waterboarding sessions, that is not captured on the tapes. [Central Intelligence Agency, 5/7/2004, pp. 36-37 pdf file]

Entity Tags: Abu Zubaida, Office of the Inspector General (CIA), Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Jan Paul Miller, Mustafa Ahmed al-Hawsawi, George W. Bush, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

Solicitor General Theodore Olson submits a response to the request that the Supreme Court reopen the 1953 state secrets case US v Reynolds (see February 26, 2003). Olson argues that once a decision has been made, it should be respected—“the law favors finality,” he writes. More surprisingly to the plaintiffs and their lawyers, Olson argues that there was no fraud perpetuated in the original case, a position hard to defend in the face of the declassified accident reports that were the heart of that case (see February 2000 and February 26, 2003). The accident reports never contained military secrets or secret information of any kind, a claim that the Court’s 1953 decision hinged on, but Olson argues that because of the wording of the claims—releasing the reports to the original plaintiffs “might lead to disclosure” of classified information—then the old claims of protecting state secrets are still technically valid (see March 9, 1953). Olson echoes the author of the original Supreme Court opinion, Fred Vinson, by reminding the Court that “[t]he claim of privilege in this case was made in 1950, at a time in the nation’s history—during the twilight of World War II and the dawn of the Cold War—when the country, and especially the military, was uniquely sensitive to need for ‘vigorous preparation for national defense.‘… The allegations of fraud made by the petition in this case… must be viewed in that light.” The lawyer for the plaintiffs in the petition, Wilson Brown, is both angered and impressed by what he calls Olson’s “remarkable obfuscation.” By hiding behind the vague wording of the original claims of state secrets, Olson is implying that this case must turn on factual issues—and therefore should be heard in a lower court, not the Supreme Court. Brown, in his response co-written by colleague Jeff Almeida, calls Olson’s arguments “disingenuous” and insists that the plaintiffs’ original case “had been vitiated through fraud.” [Siegel, 2008, pp. 261-264]

Entity Tags: Fred Vinson, Bush administration (43), Jeff Almeida, US Supreme Court, Wilson Brown, Theodore (“Ted”) Olson

Timeline Tags: Civil Liberties

Constitutional lawyers and experts believe that the Supreme Court will not accept the petition to reopen the landmark US v Reynolds case (see February 26, 2003 and May 30, 2003). Kate Martin of the Center for National Security Studies says that the petition is essentially frivolous, and says of the claim that Reynolds was decided on the basis of a fraudulent government presentation: “That the facts of the original case are not true is irrelevant to the state secrets privilege (see March 9, 1953). The idea that it undercuts the privilege is ridiculous. Often in cases, after they’re decided, the facts are proven not to be true. That’s the nature of the legal system. Sometimes people lie. Sometimes there’s new information.” Law professor Jonathan Turley is more sympathetic to the petition, but agrees that the Supreme Court will probably not hear it: “For the Supreme Court to address the fact clearly that it had been lied to would open difficult issues.… The Court used the facts of Reynolds to say the government could be trusted.… Reynolds was based on trust, on willful blinders. There’s much danger in going back now, in recognizing that the government routinely lies. They’re not going to face that. They won’t reopen this. I think Reynolds is like discovering an unfaithful wife after fifty years of marriage. You’re hurt by the betrayal, but you can’t turn back half a century. You preserve the marriage for the children’s sake” (see December 1980, September 1982, November 1984, January 1990, June 13, 1991, and September 16, 1992). [Siegel, 2008, pp. 266-267]

Entity Tags: US Supreme Court, Jonathan Turley, Center for National Security Studies, Kate Martin

Timeline Tags: Civil Liberties

At the Camp Whitehorse detention center near Nassiriya, Iraq, US marines beat and choke Najem Sa’doun Hattab, a former Ba’ath Party official, and then drag him by the neck to his cell. Hattab dies from his injuries. [San Diego Union-Tribune, 2/3/2004; Amnesty International, 3/18/2004] His autopsy reveals bone and rib fractures, and multiple bruises over his body. [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of the Marines, Najem Sa’doun Hattab

Timeline Tags: Torture of US Captives

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi

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

Department of Defense General Counsel William J. Haynes responds to a letter from Senator Patrick Leahy which asked for clarification on the administration’s interrogation policy (see June 2003). Haynes replies that “it is the policy of the United States to comply with all its legal obligations in its treatment of detainees [and]… to treat all detainees and conduct all interrogations, wherever they may occur” in a manner consistent with US obligations under the Convention Against Torture (see October 21, 1994). He adds that the US “does not permit, tolerate, or condone any such torture by its employees under any circumstances.” He also says that the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution require the US “to prevent other acts of cruel, inhuman, or degrading treatment or punishment which do not amount to torture.” Notably, he does not provide information about the specific interrogation tactics that US forces are permitted to use. “It would not be appropriate to catalogue the interrogation techniques used by US personnel thus we cannot comment on specific cases or practices,” Haynes says. [Human Rights Watch, 5/7/2004; Wall Street Journal, 6/7/2004]

Entity Tags: Patrick J. Leahy, William J. Haynes

Timeline Tags: Torture of US Captives

President Bush issues a proclamation to mark the United Nations International Day in Support of Victims of Torture. Bush states that the US is “committed to the worldwide elimination of torture and we are leading this fight by example.” He vows to prosecute torture and to prevent any “other cruel and unusual punishment.” The CIA’s chief lawyer, Scott Muller, complains to the White House that Bush’s statement could cause CIA interrogators, authorized by Bush to torture suspected al-Qaeda members (see February 7, 2002), to fear that they could be used as scapegoats by the administration. White House officials reassure Muller that despite Bush’s words, the administration still supports the CIA’s torture of prisoners. [New York Times, 5/3/2009]

Entity Tags: Scott Muller, Bush administration (43), George W. Bush, Central Intelligence Agency

Timeline Tags: Torture of US Captives

At Guantanamo, detainee Mohamed al-Khatani is given a tranquilizer, fitted with blackened goggles, and put on a plane. He is told he is being sent to a Middle Eastern country. What happens next is probably equivalent to the technique authorized under the description “false flag” by Defense Secretary Donald Rumsfeld’s April 16, 2003 memo on interrogation methods (see April 16, 2003). The plane returns to Guantanamo several hours later and he is taken to an isolation cell in the base’s brig where he is subjected to harsh interrogation procedures. He is led to believe that his interrogators are Egyptian national security operatives. In order to maintain the deception, the International Committee of the Red Cross (ICRC) is not permitted to visit Khatani during this time. [New York Times, 1/1/2005]

Entity Tags: Mohamed al-Khatani, Donald Rumsfeld, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

Rohan Gunaratna.Rohan Gunaratna. [Source: George Washington University]Counterterrorism expert Rohan Gunaratna claims to know what was discussed at the al-Qaeda summit held in Malaysia in January 2000 (see January 5-8, 2000). Gunaratna has been described as an “ad hoc adviser to US intelligence officials,” and it is believed he has seen top secret transcripts of 9/11 mastermind Khalid Shaikh Mohammed’s (KSM) recent interrogations in CIA prisons. It has not been explained how he saw such transcripts, but the CIA has not disputed the assertion that he saw them. [Bergen Record, 7/10/2003] In public testimony before the 9/11 Commission, Gunaratna says that “Khalid Shaikh Mohammed chaired that meeting [in Malaysia]. The first two hijackers to enter the United States, they were present at that meeting. So the 9/11 operation is an extension of old Plan Bojinka (see January 6, 1995). So the players of old plan Bojinka, they were not all arrested.… If you read the interrogation of [KSM], who is now in US custody, he has very clearly stated how 9/11 was planned, that it originated from [Bojinka].” However, the 9/11 Commissioners do not ask him any follow-up questions about this. [9/11 Commission, 7/9/2003 pdf file] In the 9/11 Commission’s final report, there will be no mention of any suggestions KSM was at the Malaysia summit or any clear accounting as to who all the attendees were. Their report will also downplay any connections between the 1995 Bojinka plot and the 9/11 plot, which they will claim began in 1999. [9/11 Commission, 7/24/2004, pp. 153-154] However, later on the same day as his testimony, Gunaratna will give more details of what he claims to have learned from KSM’s interrogations in an interview with a reporter. He says that at the summit KSM said al-Qaeda operatives would need to learn to fly commercial airliners in the US as part of a “suicide operation.” However, although KSM had already agreed on the targets with bin Laden, the World Trade Center and the Pentagon were not mentioned at the summit. KSM “was careful not to discuss all the specific plans at that meeting.” The reporter who interviewed Gunaratna notes that “some US intelligence officials” have “pooh-poohed the significance of the Malaysian meeting as a link to Sept. 11,” and if KSM was at the meeting, that “further underscores how the CIA missed an opportunity” to stop the 9/11 attacks. [Bergen Record, 7/10/2003] The CIA had Malaysian intelligence photograph and film the attendees of the summit as they were coming and going, but apparently there was no attempt to monitor what was said in the summit meetings (see January 5-8, 2000 and Shortly After). If Gunaratna is correct, it suggests that the CIA and 9/11 Commission may have withheld some details of KSM’s interrogations to the public that are embarrassing to US intelligence agencies. Note also that doubts have been expressed about the reliability of KSM’s testimony, which was at least partly obtained through the use of torture (see June 16, 2004).

Entity Tags: Central Intelligence Agency, Al-Qaeda, 9/11 Commission, Khalid Shaikh Mohammed, Rohan Gunaratna

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The 519th Military Intelligence Battalion produces a memo laying down new “Interrogation Rules of Engagement” (IROE), for use in its new mission in Iraq. [US Department of the Army, 3/9/2004] The person apparently mostly responsible for writing the memo is Cpt. Carolyn A. Wood, formerly in charge of military intelligence interrogators at Bagram, which serves as the main screening area in Afghanistan. [Guardian, 6/23/2004] Col. Billy Buckner, the chief public affairs officer at Fort Bragg, home to the 519th Military Intelligence Battalion, later says that Wood brought the interrogations rules used at Bagram with her to Iraq. [Associated Press, 5/24/2004] But the rules are also adapted and made somewhat less aggressive. “Those rules were modified,” according to Buckner, “to make sure the right restraints were in place.” [Guardian, 6/23/2004] The modifications nevertheless fall outside normal military doctrine. According to a classified portion of the later Fay report (see August 25, 2004), the memo allows the “use of stress positions during fear-up harsh interrogation approaches, as well as presence of military working dogs, yelling, loud music,… light control,” sleep management, and isolation. [New York Review of Books, 10/7/2004] The memo is adopted from interrogation procedures known as “Battlefield Interrogation Team and Facility Policy,” in use by a secretive unit called Joint Task Force (JTF) 121 , that is active in both Iraq and Afghanistan. The 519th Military Intelligence Battalion worked in close cooperation with Special Operations Forces like JTF-121 during its tour in Afghanistan, and “at some point,” according to the Fay report, it “came to possess the JTF-121 interrogation policy.” [New York Times, 8/27/2004] Cpt. Wood adopts the JTF-121 policy “almost verbatim.” [New York Times, 8/27/2004] Like the highest US command in Iraq, the 519th Military Intelligence Battalion apparently believes the standard Army Field Manual is an insufficient guideline for interrogations. Interrogation techniques falling outside the scope of standard military doctrine have already been devised at the Pentagon, but only for use in Afghanistan and Guantanamo Bay. These “non-doctrinal approaches, techniques, and practices,” according to Gen. George R. Fay, nevertheless, become “confused at Abu Ghraib.” [US Department of the Army, 3/9/2004] JTF-121 consists of CIA officials and Special Operations troops, including soldiers from the Army’s Delta Force and Navy Seals. The unit is later alleged to have been instrumental in the capture of Saddam Hussein. [New York Times, 5/17/2004]

Entity Tags: Troy Armstrong, George R. Fay, Saddam Hussein, Carolyn A. Wood

Timeline Tags: Torture of US Captives

Senator John D. Rockefeller.Senator John D. Rockefeller. [Source: ViewImages.com]John D. Rockefeller (D-WV), the ranking member of the Senate Intelligence Committee, learns of the secret NSA warrantless wiretapping program against US citizens (see Early 2002) in a secret briefing for himself, the chairman of the committee, and the chairman and ranking member of the House Intelligence Committee. Hours later, Rockefeller sends a handwritten letter to Vice President Cheney expressing his concerns about the potential illegality of the program, concerns he apparently expressed in the briefing as well. Rockefeller will not release the letter publicly until December 19, 2005, four days after the New York Times publishes an article revealing the program’s existence (see December 15, 2005). Disturbed both by the information he was given and the information that was obviously being withheld, Rockefeller writes in part: “Clearly the activities we discussed raise profound oversight issues.… Given the security restrictions associated with this information, and my inability to consult staff or counsel on my own [Cheney had prohibited Rockefeller and the three other lawmakers in the briefing from consulting with their staff experts], I feel unable to fully evaluate, much less endorse these activities. As I reflected on the meeting today, and the future we face, John Poindexter’s TIA [Total Information Awareness (see March 2002)] project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance. Without more information and the ability to draw on any independent legal or technical expertise, I simply cannot satisfy lingering concerns raised by the briefing we received.” [Democratic Party, 12/19/2005; Savage, 2007, pp. 115] Rockefeller also notes that he is not at liberty to do anything about his concerns, since he is legally bound to obey the secrecy rules the White House has invoked, but he wants his concerns noted. [Savage, 2007, pp. 116] It is unclear whether Rockefeller ever receives a reply. Rockefeller is apparently unaware of evidence showing that domestic surveillance may have begun well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: New York Times, Richard (“Dick”) Cheney, John D. Rockefeller, John Poindexter, Total Information Awareness, National Security Agency

Timeline Tags: Civil Liberties

When Cpt. Carolyn A. Wood and the 519th Military Intelligence Battalion move to Abu Ghraib, the interrogation policy Wood used at the Baghdad airport facility (see July 15, 2003) needs to be adapted once again, and Capt. Wood is again responsible for devising the rules of engagement. In May 2004, Pentagon officials will give a description to the Senate Armed Services Committee of the instructions for interrogating prisoners used by Cpt. Wood at Abu Ghraib. They say that the rules of engagement Wood employed at Abu Ghraib included stress positions, use of dogs, sleep and sensory deprivation and dietary manipulation. Those rules of engagement would have had to have been authorized by higher levels in the military. A person of Cpt. Wood’s rank, explains a former member of the 205th Military Intelligence Brigade to the Guardian, would not have been free to set interrogation policy herself. [Guardian, 6/23/2004]

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives

Damage to the front of the Marriott Hotel.Damage to the front of the Marriott Hotel. [Source: CNN]A suicide bomber crashes into the lobby of the J. W. Marriott Hotel in Jakarta, Indonesia, killing 16 people and wounding 150. All of those killed are Indonesian except for one Dutch man. No group takes credit for the bombing, but US and Indonesian officials quickly blame Jemaah Islamiyah (JI), al-Qaeda’s main affiliate in Southeast Asia. The New York Times calls the Marriott “the most visibly American building in the city, [leaving] little doubt about the intentions of the terrorists.” Two weeks before, a militant captured in a raid in central Java revealed that he had recently delivered two carloads of bombmaking materials to Jakarta. Furthermore, drawings were found indicating that JI was planning an attack on one of the following targets: the Grand Hyatt, Mulia, or Marriott hotels, two Jakarta shopping malls, or some Christian sites. Police claim they went on high alert. But the Marriott says they were never given any warning, and there was no public alert of any kind. The US ambassador to Indonesia, Ralph Boyce, says the US was not given any warning. Time magazine will later comment that “serious questions remain about just how much more police might have done to prevent the attack in the first place.” [New York Times, 8/7/2003; Time, 8/10/2003] One Indonesian later convicted for a role in the bombing, Mohammad Rais, will later testify in court that he had frequently met Osama bin Laden in Afghanistan in recent years, and the bombing was inspired by bin Laden’s talk about waging war against the US and its allies. “We saw the Marriott attack as a message from Osama bin Laden.” [Associated Press, 12/2/2004] US treasury official Stuart Levey will later claim that al-Qaeda funded the attack by having a courier bring $30,000 in cash to Indonesia. [USA Today, 6/18/2006] The funds for the bombing allegedly passed through Hambali, an al-Qaeda and JI leader arrested in Thailand several days later (see August 12, 2003). [CNN, 8/19/2003] JI leaders Azhari Husin and Noordin Mohammed Top are said to have masterminded the bombing, together with Hambali. [New York Times, 10/7/2005]

Entity Tags: Ralph Boyce, Noordin Mohammed Top, Mohammad Rais, Azhari Husin, Hambali, Stuart Levey, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Mohammed Nazir Bin Lep (a.k.a. Lillie).Mohammed Nazir Bin Lep (a.k.a. Lillie). [Source: Defense Department]Hambali (a.k.a. Riduan Isamuddin) is arrested in Thailand in a joint US-Thai operation. He has been considered the operational leader of al-Qaeda in Southeast Asia. He was involved in the Bojinka plot in 1995, attended the January 2000 al-Qaeda summit in Malaysia (see January 5-8, 2000), and was said to be involved in the 2002 bombing of two nightclubs in Bali, Indonesia (see October 12, 2002), the 2003 bombing of a Marriott Hotel in Jakarta, Indonesia (see August 5, 2003), and other similar acts. He is taken into US custody and is said to quickly and fully cooperate with his captors. [Chicago Tribune, 12/7/2003] According to the Washington Post, at some point he will be transferred to the US naval base at the British island colony of Diego Garcia, where the CIA is believed to have a secret interrogation center. [Washington Post, 12/17/2004; Washington Post, 1/2/2005, pp. A01] Two of Hambali’s associates - Mohamad Farik Amin (a.k.a. Zubair), and Mohammed Nazir Bin Lep (a.k.a. Lillie) - are arrested with him. Both are Malaysians and are said to be al-Qaeda operatives. Supposedly they were members of a four person suicide squad working for Hambali and Khalid Shaikh Mohammed to hijack an airplane (see October 2001-February 2002). [Time, 10/6/2003] The US will later classify both of them, and Hambali, as about a dozen of the top al-Qaeda operatives in US custody (see September 2-3, 2006).

Entity Tags: United States, Thailand, Hambali, Mohamad Farik Amin, Khalid Shaikh Mohammed, Mohammed Nazir Bin Lep

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Geoffrey Miller.Geoffrey Miller. [Source: US Army]Major General Geoffrey Miller, who oversees the prison at Guantanamo (see November 4, 2002), flies to Iraq for a 10-day consulting trip (see August 18, 2003). He is part of a team “experienced in strategic interrogation… to review current Iraqi theater ability to rapidly exploit internees for actionable intelligence” and to review the arrangements at the US military prisons in Iraq. [Washington Post, 5/9/2004; New Yorker, 5/17/2004; Washington Post, 8/24/2004; Savage, 2007, pp. 190] The team consists of 17 interrogation experts from Guantanamo Bay, and includes officials from the CIA and the Defense Intelligence Agency (DIA). [Washington Post, 6/12/2004]
Attempt to Increase Flow of 'Actionable Intelligence' - The Pentagon’s decision to dispatch the team on this mission was influenced by the military’s growing concern that the failure of coalition forces to quell resistance against the occupation was linked to a dearth in “actionable intelligence” (see August 2003). [New Yorker, 5/24/2004] Miller has therefore come to help Brigadier General Barabara Fast improve the results of her interrogation operations. More to the point, he is supposed to introduce her to the techniques being used at Guantanamo. [New Yorker, 6/21/2004; Signal Newspaper, 7/4/2004] Officials are hoping detainees will provide intelligence on weapons of mass destruction and Saddam Hussein, who is still on the loose. [Washington Post, 5/16/2004]
'Gitmoizing' Abu Ghraib - “[Miller] came up there and told me he was going to ‘Gitmoize’ the detention operation,” Brigadier General Janis L. Karpinski, later recalls. [Washington Post, 5/9/2004] Miller will later deny he used the word “Gitmoize.” [Washington Post, 5/12/2004] During Miller’s visit, a Joint Interrogation and Debriefing Center (JIDC) is established in order to centralize the intelligence operations at the prison. Captain Carolyn A. Wood is made officer in charge (OIC) of the Interrogation Coordination Element (ICE), within the JIDC. [US Department of Defense, 8/23/2004 pdf file] Before returning to Washington, Miller leaves a list of acceptable interrogation techniques—based on what has been used in Guatanamo—posted on a wall in Abu Ghraib, which says that long term isolation, sleep disruption, “environmental manipulation,” and “stress positions” can be used to facilitate interrogations, but only with the approval of Lieutenant General Ricardo Sanchez on a case-by-case basis. [Washington Post, 5/21/2004] The use of dogs is also included, even though the technique was banned at Guantanamo eight months before by Defense Secretary Donald Rumsfeld (see January 15, 2003). [Washington Post, 7/19/2004; US Department of Defense, 8/23/2004 pdf file] Karpinski later recalls, “He said they are like dogs and if you allow them to believe at any point that they are more than a dog then you’ve lost control of them.” [BBC, 6/15/2004] Miller’s visit to Iraq heralds some significant changes, which include, first, the introduction of more coercive interrogation tactics; second, the taking control of parts of the Abu Ghraib facility by military intelligence; and third, the use of MPs in the intelligence collection process. During his visit, Miller discusses interrogation techniques with military intelligence chief Colonel Thomas M. Pappas. [New York Times, 5/13/2004]
'Snowballing' Effect of Chaos, Brutality - “The operation was snowballing,” Samuel Provance, a US military intelligence officer, will later recall, describing the situation at Abu Ghraib after Miller’s visit. “There were more and more interrogations. The chain of command was putting a lot of resources into the facility.” And Karpinski will later say that she was being shut out of the process at about this time. “They continued to move me farther and farther away from it.” [Washington Post, 5/20/2004] Major General Anthony Taguba (see March 9, 2004) will later determine that Miller’s visit helped bring about the complete breakdown of discipline at the prison: “Interrogators actively requested,” at Miller’s behest, “that MP guards set physical and mental conditions for favorable interrogations of witnesses.” In essence, Miller tells guards to “soften up” prisoners so they will not be able to resist their inquisitors. Miller will later deny any responsibility for the Abu Ghraib torture program (see May 4, 2004). [Savage, 2007, pp. 190]

Entity Tags: Barbara G. Fast, Antonio M. Taguba, Carolyn A. Wood, Samuel Provance, Janis L. Karpinski, Thomas M. Pappas, Geoffrey D. Miller

Timeline Tags: Torture of US Captives

In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]

Entity Tags: Geneva Conventions, Donald Rumsfeld

Timeline Tags: Torture of US Captives

The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 pdf file] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 pdf file] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 pdf file] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 pdf file] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]

Entity Tags: George R. Fay, Senate Armed Services Committee, Geoffrey D. Miller, Marc Warren, Ricardo S. Sanchez

Timeline Tags: Torture of US Captives

In an interview, a key 9/11 Commission staffer, Doug MacEachin, reportedly agrees with an important witness, FBI agent Ali Soufan, that the CIA deliberately withheld from the bureau the knowledge that al-Qaeda leader Khallad bin Attash had attended al-Qaeda’s Malaysia summit and was therefore linked to 9/11 hijacker Khalid Almihdhar. [Soufan, 2011, pp. 301-302] However, the Commission’s final report will call the non-passage of this intelligence “an example of how day-to-day gaps in intelligence sharing can emerge even when there is mutual goodwill.” [9/11 Commission, 7/24/2004, pp. 267] This interview appears to be the second time the Commission talks to Soufan, which is on September 15, 2003. [9/11 Commission, 7/24/2004, pp. 507; Soufan, 2011, pp. 297-302] Soufan discusses the case of “Omar,” a joint FBI-CIA source inside al-Qaeda. At an interview of Omar in January 2001 the CIA learned that bin Attash had attended al-Qaeda’s Malaysia summit in early 2000 (see January 5-8, 2000 and January 4, 2001). However, it then failed to share this with the FBI (see January 5, 2001 and After). Soufan tells the Commission’s staff: “This shows that the CIA knew the significance of Malaysia, Khallad, and Almihdhar but actively went out of their way to withhold the information from us. It’s not a case of just not passing on information. This is information the FBI representative working with the source should have been told about. It was a legal requirement. Instead we were deliberately kept out of the loop.” A staffer responds that the CIA claims it shared the information, and Soufan asks whether the Commission checked the “regular cables” between the field and CIA headquarters. After the staffer says they have, Soufan asks whether the Commission has checked the “operational traffic,” and MacEachin responds, “That must be it.” Other staffers are initially puzzled by McEachin’s comment, but he explains it to them. Soufan will comment: “Operational traffic refers to cables sent during an operation. The officer will list procedures, leaving a record in case something goes wrong or something needs to be referred to. Because these cables are strictly procedural and not related to intelligence, they would not be sent to the FBI. If someone wanted to hide something from the FBI, that’s where he would put it. Because Doug had worked for the CIA, he knew what operational cables were, while other members of the team might not have.” The Commission later finds that the information about bin Attash was in an operational cable. [Soufan, 2011, pp. 301-302] The reason for the discrepancy between MacEachin’s attitude in the interview of Soufan and the Commission’s final report is unknown.

Entity Tags: Doug MacEachin, Federal Bureau of Investigation, 9/11 Commission, Ali Soufan

Timeline Tags: Complete 911 Timeline

An Associated Press (AP) report provides details of what alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) has apparently told his CIA interrogators. The article, based on “interrogation reports” reviewed by the AP, makes the following claims:
bullet KSM worked on the Bojinka plot in 1994 and 1995 in the Philippines with Ramzi Yousef, Abdul Hakim Murad, and Wali Khan Amin Shah;
bullet After Yousef and Murad were captured (see January 6, 1995 and February 7, 1995), KSM began to devise a new plot that focused on hijackings on US soil;
bullet KSM first pitched the 9/11 plot to Osama bin Laden in 1996. He wanted bin Laden “to give him money and operatives so he could hijack 10 planes in the United States and fly them into targets”;
bullet After bin Laden agreed in principle, the original plan, which called for hijacking five commercial jets on each US coast, was modified several times. Some versions even had the planes being blown up in mid-air, possibly with the aid of shoe bombs. Bin Laden scrapped various parts of the plan, including attacks on both coasts and hijacking or bombing some planes in East Asia as well;
bullet The original four al-Qaeda operatives bin Laden offered KSM for the plot were eventual hijackers Nawaf Alhazmi and Khalid Almihdhar, as well as Khallad bin Attash and Abu Bara al-Yemeni. “All four operatives only knew that they had volunteered for a martyrdom operation involving planes,” one interrogation report apparently states;
bullet The first major change to the plans occurred in 1999 when the two Yemeni operatives could not get US visas (see April 3, 1999). [Associated Press, 9/21/2003] (According to the 9/11 Commission Report, KSM actually says Abu Bara al-Yemeni never applied for a US visa); [9/11 Commission, 7/24/2004, pp. 492]
bullet Bin Laden then offered KSM additional operatives, including a member of his personal security detail;
bullet At that time the plot was to hijack a small number of planes in the United States and East Asia and either have them explode or crash into targets simultaneously;
bullet In 1999, the four original operatives picked for the plot traveled to Afghanistan to train at one of bin Laden’s camps, where they received specialized commando training (see Late 1999);
bullet Al-Qaeda’s Malaysia summit (see January 5-8, 2000) was, according to the report, a “key event in the plot,” although it does not say whether KSM was physically present. On the other hand, it confirms the presence of Jemaah Islamiyah leader Hambali;
bullet KSM communicated with Alhazmi and Almihdhar while they were in the US using Internet chat software;
bullet KSM has never heard of Omar al-Bayoumi, an apparent Saudi intelligence agent who provided some assistance to future 9/11 hijackers Khalid Almihdhar and Nawaf Alhazmi when they arrived in California. Neither did he arrange for anyone else in the US to assist Almihdhar and Alhazmi when they arrived in California. Despite this, Almihdhar and Alhazmi soon made contact with a network of people linked to Saudi intelligence services (see January 15-February 2000 and June 23-July 2001);
bullet Bin Laden canceled the East Asian portion of the attacks in the spring of 2000, because, according to a quote from KSM contained in a report, “it would be too difficult to synchronize” attacks in the United States and Asia;
bullet Around that time, KSM reached out to Jemaah Islamiyah, an al-Qaeda affiliate in Southeast Asia. He began “recruiting JI operatives for inclusion in the hijacking plot as part of his second wave of hijacking attacks to occur after Sept. 11,” one summary reportedly says;
bullet Zacarias Moussaoui also went to Malaysia in the run-up to 9/11 (see September-October 2000);
bullet In its final stages, the plan called for as many as 22 terrorists and four planes in a first wave, followed by a second wave of suicide hijackings that were to be aided possibly by al-Qaeda allies in Southeast Asia;
bullet The hijacking teams were originally made up of members from different countries where al-Qaeda had recruited, but in the final stages bin Laden chose instead to use a large group of young Saudi men to populate the hijacking teams;
bullet KSM told interrogators about other terror plots that were in various stages of planning or had been temporarily disrupted when he was captured, including one planned for Singapore (see June 2001 and November 15-Late December 2001);
bullet KSM and al-Qaeda were still actively looking to strike US, Western, and Israeli targets across the world as of this year. [Associated Press, 9/21/2003]
These statements attributed to KSM are similar to later statements attributed to him by the 9/11 Commission Report. [9/11 Commission, 7/24/2004] The Associated Press article cautions that US authorities are still investigating what KSM is telling them, “to eliminate deliberate misinformation.” [Associated Press, 9/21/2003] KSM made some or all these statements under torture, leading some to question their reliability (see Shortly After February 29 or March 1, 2003, After March 7, 2003, June 16, 2004, and August 6, 2007).

Entity Tags: Central Intelligence Agency, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]

Entity Tags: Amnesty International

Timeline Tags: Torture of US Captives

Omar al-Faruq.Omar al-Faruq. [Source: Public domain]In a meeting with Indonesian President Megawati Sukarnoputri, President Bush falsely promises to let Hambali stand trial in Indonesia. Hambali, an Indonesian citizen wanted for a string of attacks in Indonesia, including the 2002 Bali bombings (see October 12, 2002), was recently arrested in Thailand and taken in US custody (see August 12, 2003). White House communications director Dan Bartlett tells reporters that Bush has “committed to work with [the Indonesian authorities] at an appropriate time, that he would work to make sure that Hambali was handed over.” An Indonesian foreign ministry spokesman adds: “Absolutely, Bush promised to hand over Hambali to Indonesia for trial. The only condition is that the process of interrogation (by US agents) has to be completed. Bush said that still needed more time.” The US has been sharing some information from Hambali’s interrogation with Indonesian authorities, but does not allow them to question him directly, allegedly for fear of information leaks. [Associated Press, 10/24/2003] In 2002, the US did allow Indonesian investigators to directly interrogate another Indonesian in US custody, Omar al-Faruq. Ironically, it appears that extensive details of al-Faruq’s interrogation were leaked to the media, but by US officials, not Indonesian ones (see June 5, 2002). The US will not allow Indonesian officials to directly interrogate Hambali during a 2005 trial of his alleged close associate Abu Bakar Bashir, allowing Bashir to go free (see March 3, 2005). In late 2005, Hank Crumpton, a senior State Department official visiting Indonesia, again makes the promise that the US will eventually turn Hambali over to the Indonesian government. [New York Times, 10/19/2005] But in 2006, the US transfers Hambali to the Guantanamo prison with the intention of eventually trying him before a military tribunal (see September 2-3, 2006).

Entity Tags: Hambali, Dan Bartlett, George W. Bush, Hank Crumpton, Megawati Sukarnoputri

Timeline Tags: Complete 911 Timeline

Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body.Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body. [Source: Public domain]Detainee Manadel al-Jamadi, is brought to Abu Ghraib prison by US Navy SEAL Team 7. The Iraqi, captured during a joint Task Force 121/CIA mission, is suspected of having been involved in an attack against the International Committee of the Red Cross (ICRC). [US Department of Defense, 8/23/2004 pdf file] Members of the Navy SEAL team punch and choke Al-Jamadi and stick their fingers in his eyes. A SEAL lieutenant is involved in the abuse. [Associated Press, 1/11/2005] Al-Jamadi resists his arrest, and one SEAL Team member hits him on the head with the butt of a rifle. [US Department of Defense, 8/23/2004 pdf file] MP Spc. Dennis E. Stevanus is on duty when two CIA representatives bring the man to the Hard Site. [US Department of Defense, 8/23/2004 pdf file] Spc. Jason A. Kenner, an MP at Abu Ghraib, will later say the detainee was “in good health” when he was brought in. [Guardian, 5/20/2004] According to Kenner’s later account, the detainee’s head is covered with an empty sandbag. MPs are then ordered to take him to a shower room, and told not to remove the hood, according to Kenner. [Guardian, 5/20/2004] The detainee is then interrogated by CIA and military intelligence personnel. Less than an hour later, the detainee will be found dead (see (7:00 a.m.) November 4, 2003). [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Dennis E. Stevanus, Jason A. Kenner, Manadel al-Jamadi, International Committee of the Red Cross

Timeline Tags: Torture of US Captives

An Afghani civilian later identified as Abdul Wahid dies from what his autopsy report calls “multiple blunt force injuries to head, torso, and extremities.” Wahid is being held by US forces at a forward operating base in Helmand province. [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of Defense, Abdul Wahid

Timeline Tags: Torture of US Captives, War in Afghanistan

Abed Hamed Mowhoush.Abed Hamed Mowhoush. [Source: New York Times]At the Al Qaim detention facility northwest of Baghdad, Iraqi Major General Abed Hamed Mowhoush is interrogated by two officers of the 66th Military Intelligence Company. They force him head-first into a sleeping bag and question him as they roll him back and forth. One of the soldiers, Chief Warrant Officer Lewis Welshofer, sits on the Iraqi general’s chest and covers his mouth. [Human Rights Watch, 6/2004] The prisoner dies of asphyxia due to smothering and chest compression. [Denver Post, 5/18/2004] Later in the day, US military officials issue a statement saying that a prisoner has died of natural causes during questioning. “Mowhoush said he didn’t feel well and subsequently lost consciousness,” the statement reads. “The soldier questioning him found no pulse, then conducted CPR and called for medical authorities. According to the on-site surgeon, it appeared Mowhouse died of natural causes.” [Denver Post, 5/18/2004; New York Times, 5/22/2004] But the autopsy report will say there is “evidence of blunt force trauma to the chest and legs.” [Human Rights Watch, 6/2004] The incident is investigated and a report is issued in early 2004 (see Late January 2004).

Entity Tags: Lewis Welshofer, Abed Hamed Mowhoush

Timeline Tags: Torture of US Captives

December 2003: Teen Detainee Attempts Suicide

Guantanamo detainee Mohammed Jawad, who has been in custody since he was 16 years old (see December 17, 2002 and January 13, 2009), attempts to commit suicide. Shortly thereafter, Guantanamo guards begin subjecting Jawad to what is known as the “frequent flier” program, in which the detainee is moved from cell to cell every few hours for days or weeks on end, in order to deny him sleep. Jawad is moved 122 times in 14 days, an average of less than 3 hours per move (see June 19, 2008). [Salon, 1/21/2009]

Entity Tags: Mohammed Jawad

Timeline Tags: Torture of US Captives

A three-judge panel of the Second US Circuit Court of Appeals in New York votes two to one that the military must either charge alleged al-Qaeda terrorist Jose Padilla with a crime, or release him within 30 days. “The government,” the court says, “can transfer Padilla to appropriate civilian authorities who can bring criminal charges against him.” Until now, no court in the US has ruled against the government’s contention that even American citizens arrested on US soil can be held indefinitely based on wartime government prerogatives. Neither the 2001 Authorization to Use Military Force (see September 14-18, 2001) nor the president’s “inherent power” as commander in chief is enough to hold Padilla without a trial, the court finds: “The president, acting alone, possesses no inherent constitutional authority to detain American citizens seized within the United States, away from a zone of combat, as enemy combatants.” The two judges in the majority are a 1998 Clinton appointee and a 2001 Bush appointee; the dissenter, who advocates granting the president new and sweeping powers, is a 2003 Bush appointee. “So far,” Office of Legal Counsel lawyer John Yoo comments, “the Second Circuit is the only court that has rejected the idea that the war on terrorism is, in fact, a war.” Because this ruling conflicts with the Fourth Circuit’s ruling in favor of the Bush administration, the Supreme Court will be forced to resolve the issue (see June 28, 2004); in light of the appeal, the court later agrees to suspend its 30-day ruling. [Knight Ridder, 12/29/2003; Savage, 2007, pp. 153]

Entity Tags: Jose Padilla, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The White House and the Justice Department are at odds over the legality of the National Security Agency’s “data mining” program, which involves the NSA combing through enormous electronic databases containing personal information about millions of US citizens, ostensibly for anti-terrorism purposes and often without court warrants (see February 2001, Spring 2001, After September 11, 2001, After September 11, 2001, October 2001, and Early 2002). Such data mining by the NSA potentially threatens citizens’ constitutional right to privacy. This clash between the White House and the Justice Department is one of the reasons that White House counsel Alberto Gonzales and chief of staff Andrew Card will try to pressure Attorney General John Ashcroft, while Ashcroft is recuperating from surgery, to reauthorize the NSA program over the objections of Deputy Attorney General James Comey. That attempt to force reauthorization over Justice Department complaints will result in the protest resignations of Ashcroft, Comey, and other Justice officials (see March 10-12, 2004). In 2007, Gonzales will deny that any such attempt to pressure Ashcroft to overrule Comey ever happened (see July 24, 2007), and will deny that there was any such dispute between the White House and Justice Department over the NSA program. Those denials will lead to calls to investigate Gonzales for perjury (see May 16, 2007). In late 2005, President Bush will admit, after the New York Times reveals the existence of the NSA warrantless wiretapping program (see Early 2002), that the program indeed exists, but will not acknowledge the data mining. Several current and former administration officials, interviewed by reporters in 2007, refuse to go into detail about the dispute between the White House and Justice Department, but say that it involves other issues along with the data mining. They will also refuse to explain what modifications to the surveillance program Bush will authorize to mollify Justice Department officials. Bush and his officials, including Gonzales, who will ascend to the position of attorney general in 2005, will repeatedly insist that he has the authority, both under the Constitution and under Congress’s authorization to use military force against terrorists passed after the 9/11 attacks (see September 14-18, 2001), to bypass the requirements for court warrants to monitor US citizens. Critics will say that such surveillance is illegal under the Foreign Intelligence Surveillance Act. [New York Times, 7/29/2007]
Domestic Surveillance Began Before 9/11? - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, July 2001, and Early 2002).

Entity Tags: US Department of Justice, National Security Agency, New York Times, James B. Comey Jr., Alberto R. Gonzales, Andrew Card, Bush administration (43), George W. Bush, John Ashcroft

Timeline Tags: Civil Liberties

A male Iraqi dies while being interrogated by American officials, probably from the CIA. According to a report by the American Civil Liberties Union (see October 24, 2005), the male, detained in the city of Al Asad, is “standing, shackled to the top of a door frame with a gag in his mouth at the time he died.” The cause of death is asphyxia and blunt force injuries—in essence, being beaten to death while choking on a gag. The ACLU believes the Iraqi’s name was Abdul Jaleel. [American Civil Liberties Union, 10/24/2005]

Entity Tags: Central Intelligence Agency, Abdul Jaleel, American Civil Liberties Union

Timeline Tags: Torture of US Captives

The 9/11 Commission first learns that the US had a program to assassinate Osama bin Laden before 9/11 (see December 24, 1998). The program, which is disclosed to the commission’s staff by former National Security Adviser Sandy Berger, was a response to the African embassy bombings (see 10:35-10:39 a.m., August 7, 1998). The commission was not previously aware of the order and when Berger tells them about it they are confused, because the CIA has been telling them there was no such order for months. When the commission tells Berger what the CIA has said, he assures them that there is an explicit document, a memorandum of notification concerning Afghanistan, that gives the CIA the authority to kill bin Laden, not just capture him. It is unclear why CIA managers repeatedly told the commission there was no such order (see Before January 14, 2004). [Shenon, 2008, pp. 253-254]

Entity Tags: 9/11 Commission, Sandy Berger

Timeline Tags: Complete 911 Timeline

A sample page from Mark Klein’s AT&T documentation.A sample page from Mark Klein’s AT&T documentation. [Source: Mark Klein / Seattle Times]Senior AT&T technician Mark Klein (see July 7, 2009), gravely concerned by the National Security Agency (NSA) spying operation going on in AT&T’s San Francisco facility (see October 2003) and now in possession of documents which prove the nature and scope of the telecommunications surveillance activities (see Fall 2003 and Late 2003), writes a memo summarizing his findings and conclusions. He appends eight pages of the unclassified documents he has in his possession, along with two photographs and some material from the Internet which documents the sophisticated surveillance equipment being used to gather data from AT&T’s electronic transmissions. The NSA and AT&T were, he later says, “basically sweeping up, vacuum-cleaning the Internet through all the data, sweeping it all into this secret room.… It’s the sort of thing that very intrusive, repressive governments would do, finding out about everybody’s personal data without a warrant. I knew right away that this was illegal and unconstitutional, and yet they were doing it.… I think I’m looking at something Orwellian. It’s a government, many-tentacled operation to gather daily information on what everybody in the country is doing. Your daily transactions on the Internet can be monitored with this kind of system, not just your Web surfing. All kinds of business that people do on the Internet these days—your bank transactions, your email, everything—it sort of opens a window into your entire private life, and that’s why I thought of the term ‘Orwellian.’ As you know, in [George] Orwell’s story [1984], they have cameras in your house, watching you. Well, this is the next best thing.… So I was not only angry about it; I was also scared, because I knew this authorization came from very high up—not only high up in AT&T, but high up in the government. So I was in a bit of a quandary as to what to do about it, but I thought this should be halted.”
Gathering 'the Entire Data Stream' - In his memo, Klein concludes that the NSA is using “splitter” equipment to copy “the entire data stream [emphasis in the original] and sent it to the [NSA’s] secret room for further analysis.” Klein writes that the splitters actually “split off a percentage of the light signal [from the fiber optic circuits] so it can be examined. This is the purpose of the special cabinet… circuits are connected into it, the light signal is split into two signals, one of which is diverted to the ‘secret room.’ The cabinet is totally unnecessary for the circuit to perform—in fact, it introduces problems since the signal level is reduced by the splitter—its only purpose is to enable a third party [the NSA] to examine the data flowing between sender and recipient on the Internet.” (Emphasis in the original.) In his book, Klein will explain that “each separate signal,” after being split, “contains all the information, nothing is lost, so in effect the entire data stream has been copied.” He will continue: “What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: email, Web browsing, voice-over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy.” Klein later explains to a reporter: “The signals that go across fiber optics are laser light signals. It’s light basically that runs through a fiber optic, which is a clear glass fiber, and it has to be at a certain level for the routers to see the light and interpret the data correctly. If the light gets too low, just as if you get a weak flashlight with bad batteries, at a certain point it doesn’t work. If the light level drops too low, the router starts dropping bits and getting errors, and eventually you get loss of signal, and it just doesn’t work at all.… The effect of the splitter is to reduce the strength of the signal, and that may or may not cause a problem, depending on how much the signal is reduced.” A telecommunications company would not, as a rule, use such a splitter on its backbone Internet traffic because of the risk of degraded signal quality. “You want to have as few connections on your main data lines as possible,” Klein will say, “because each connection reduces the signal strength, and a splitter is a connection, and if you can avoid that, all the better.”
Inherently Illegal - Klein will explain that there is no way these activities are legal: “There could not possibly be a legal warrant for this, since according to the Fourth Amendment, warrants have to be specific, ‘particularly describing the place to be searched and the persons or things to be seized.’ It was also a blatant violation of the 1978 Foreign Intelligence Surveillance Act [FISA—see 1978], which calls for specific warrants as required by the Fourth Amendment. This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; PBS Frontline, 5/15/2007; Klein, 2009, pp. 37, 119-133]
The Narus STA 6400 - Klein discusses one key piece of equipment in the NSA’s secret room, the Narus STA 6400 (see Late 2003). Narus is a firm that routinely sells its equipment not only to telecom firms such as AT&T, “but also to police, military, and intelligence officials” (see November 13-14, 2003). Quoting an April 2000 article in Telecommunications magazine, Klein writes that the STA 6400 is a group of signal “traffic analyzers that collect network and customer usage information in real time directly from the message.… These analyzers sit on the message pipe into the ISP [Internet Service Provider] cloud rather than tap into each router or ISP device.” Klein quotes a 1999 Narus press release that says its Semantic Traffic Analysis (STA) technology “captures comprehensive customer usage data… and transforms it into actionable information… [it] is the only technology that provides complete visibility for all Internet applications.” The Narus hardware allows the NSA “to look at the content of every data packet going by, not just the addressing information,” Klein will later write.
A 'Dream Machine for a Police State' - Klein later writes of the Narus STA 6400: “It is the dream machine of a police state, one that even George Orwell could not imagine. Not only does it enable the government to see what millions of people are saying and doing every day, but it can build up a database which reveals the connections among social groups—who’s calling and emailing whom. Such a device can easily be turned against all dissident protest groups, and even the Democratic and Republican parties, with devastating effect. And it’s in the hands of the executive power, in total secrecy.” [AT&T, 12/10/2002; AT&T, 1/13/2003; AT&T, 1/24/2003; Wired News, 5/22/2006; Klein, 2009, pp. 37-40] In support of the memo and an ensuing lawsuit against AT&T (see January 31, 2006), Klein will later write: “Despite what we are hearing, and considering the public track record of this administration, I simply do not believe their claims that the NSA’s spying program is really limited to foreign communications or is otherwise consistent with the NSA’s charter or with FISA. And unlike the controversy over targeted wiretaps of individuals’ phone calls, this potential spying appears to be applied wholesale to all sorts of Internet communications of countless citizens.” [Wired News, 4/7/2006]

Entity Tags: National Security Agency, Narus, Mark Klein, Foreign Intelligence Surveillance Act, AT&T

Timeline Tags: Civil Liberties

Police photo of Tom DeLay, after his 2005 indictment on election fraud charges.Police photo of Tom DeLay, after his 2005 indictment on election fraud charges. [Source: Mug Shot Alley]The co-founder and editor of the American Prospect, Robert Kuttner, subjects the 2002 House of Representatives to scrutiny, and concludes that under the rule of House Majority Leader Tom DeLay (R-TX), it is well on its way to becoming what he calls a “dictatorship.” Kuttner writes that such authoritarian rule in “the people’s chamber” of Congress puts the US “at risk of becoming an autocracy.” He explains: “First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). [DeLay] has both intimidated moderate Republicans and reduced the minority party to window dressing.… Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal, or Teddy Roosevelt-style ruling party split.… Third, the federal courts, which have slowed some executive branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election. Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.” Kuttner elaborates on his rather sweeping warnings.
Legislative Dictatorship - The House, and to a lesser extent the Senate, used to have what was called a “de facto four-party system”: liberal Democrats; Southern “Dixiecrats” who, while maintaining their membership as Democrats largely due to lingering resentment of Republicans dating back to the Civil War, often vote with Republicans; conservative Republicans; and moderate-to-liberal “gypsy moth” Republicans, who might vote with either party. Rarely did one of the four elements gain long-term control of the House. Because of what Kuttner calls “shifting coalitions and weak party discipline,” the majority party was relatively respectful of the minority, with the minority free to call witnesses in hearings and offer amendments to legislation. In the House, that is no longer true. While the House leadership began centralizing under House Speaker Jim Wright (D-TX) between 1987 and 1989, the real coalescence of power began under Speaker Newt Gingrich (R-GA) between 1995 and 1999. The process, Kuttner asserts, has radically accelerated under DeLay and Speaker Dennis Hastert (R-IL).
Centralized Legislation - Under current practices, even most Republicans do not, as a rule, write legislation—that comes from DeLay and Hastert. Drastic revisions to bills are often rammed through late in the evening, with little or no debate. The Republican leadership has classified legislation as “emergency” measures 57 percent of the time, allowing them to be voted on with as little as 30 minutes of debate. Kuttner writes, “On several measures, members literally did not know what they were voting for.” Legislation written and proposed by Democrats rarely gets to the floor for debate. Amendments to legislation is also constrained, almost always coming from Hastert and DeLay. “[V]irtually all major bills now come to the floor with rules prohibiting amendments.” DeLay enforces rigid party loyalty, threatening Republican members who resist voting for the leadership’s bills with loss of committee assignments and critical campaign funds, and in some circumstances with DeLay’s sponsoring primary opponents to unseat the uncooperative member in the next election.
Democrats Shut out of Conferences - In the House, so-called “conference committees,” where members work to reconcile House and Senate versions of legislation, have become in essence one-party affairs. Only Democrats who might support the Republican version of the bill are allowed to attend. The conference committee then sends a non-amendable bill to the floor for a final vote.
No Hearings - The general assumption is that House members debate bills, sometimes to exhaustion, on the chamber floor. No more. Before DeLay, bills were almost never written in conference committees. Now, major legislation is often written in conference committee; House members often never see the legislation until it has been written in final, non-amendable form by DeLay and his chosen colleagues.
Abuse of Appropriations - Appropriations, or funding of events authorized by legislation, are ripe for use and misuse by the one-party leadership. Many appropriations bills must pass in order for Congress or other entities of the government to continue functioning. While “earmarks”—“pork-barrel” appropriations for individual members’ pet projects and such—are nothing new, under Gingrich and later Hastert/DeLay, the use of earmarks has skyrocketed. Huge earmarks are now routinely attached to mandatory appropriations bills. DeLay has perfected a technique known as “catch and release.” On close pending votes, the House Republican Whip Organization, made up of dozens of regional whips, will target the small but critical number of Republicans who might oppose the legislation. Head counts are taken; as members register (and change) their votes, some are forced to vote against their consciences (or their constituents) and others are allowed to vote no. Kuttner writes, “Basically, Republican moderates are allowed to take turns voting against bills they either oppose on principle or know to be unpopular in their districts.” This allows the member to save at least some face with their constituents. Under Wright, Republican members such as then-Representative Dick Cheney (R-WY) were outraged when Wright held a vote open for 15 minutes after voting was to end; Cheney called it “the most arrogant, heavy-handed abuse of power I’ve ever seen in the 10 years that I’ve been here.” It is not unusual for DeLay to hold votes open for up to three hours to get recalcitrant members in line. [American Prospect, 2/1/2004] In 2006, author John Dean will note that when the Republicans took control of the House in 1999, there were 1,439 earmarks in that year’s legislation. By the end of 2005, “there were a staggering 13,998 earmarked expenses, costing $27.3 billion.” Dean will write, “Needless to say, there is nothing conservative in those fiscal actions but there is much that is authoritarian about the wanton spending by those Republicans.” [Dean, 2006]
Lack of Opposition - Kuttner notes that Congressional Democrats have not mounted a systematic, organized denunciation of the DeLay operation. Kuttner believes that many Democrats believe voters are uninterested in what they call “process issues,” and that voters will dismiss complaints as “inside baseball,” of little relevance to their lives. Worse, such complaints “make… us look weak,” as one senior House staffer says. Kuttner writes that many Democrats believe such complaints sound “like losers whining.”
Permanent Republican Majority - If DeLay and his confreres in the White House have their way, there will be, in essence, a permanent Republican majority in the House and hopefully in the Senate as well. Bill Clinton routinely practiced what he called bipartisan “triangulation,” building ad hoc coalitions of Democrats and Republicans to pass his legislative initiatives, and in the process weakening the Democratic leadership. Kuttner writes, “Bush’s presidency, by contrast, has produced a near parliamentary government, based on intense party discipline both within Congress and between Congress and the White House.” Republicans have been busy reworking the district maps of various key states to ensure that Republicans keep their majorities, concentrating perceived Democratic voters to have overwhelming majorities in a few districts, and leaving the Republicans holding smaller majorities in the rest. Both parties have been guilty of such “gerrymandering” in the past, but with DeLay’s recent “super-gerrymandering” of his home state of Texas, the Republican makeup of the Texas House delegation is all but assured. DeLay and other House Republicans are working to redistrict other states in similar fashions. As of the 2004 midterm elections, of the 435 House seats, only around 25 are considered effectively contestable—over 90 percent of the House seats are “safe.” Democrats would have to win a disproportionate, and unlikely, number of those “swing” seats to take back control of the House. Kuttner writes: “The country may be narrowly divided, but precious few citizens can make their votes for Congress count. A slender majority, defying gravity (and democracy), is producing not moderation but a shift to the extremes.”
Control of Voting - Kuttner cites the advent of electronic voting machines and the Help America Vote Act (HAVA) as two reasons why Republicans will continue to have advantages at the voting booth. The three biggest manufacturers of electronic voting machines have deep financial ties to the Republican Party, and have joined with Republicans in opposing a so-called “verifiable paper trail” that could prove miscounts and possible fraudulent results. HAVA, written in response to the 2000 Florida debacle, requires that voters show government-issued IDs to be allowed to vote, a provision that Kuttner says is ripe for use in Republican voter-intimidation schemes. Republicans “have a long and sordid history of ‘ballot security’ programs intended to intimidate minority voters by threatening them with criminal prosecution if their papers are not technically in order,” he writes. “Many civil rights groups see the new federal ID provision of HAVA as an invitation to more such harassment.” The only recourse that voters have to such harassment is to file complaints with the Department of Justice, which, under the aegis of Attorney General John Ashcroft, has discouraged investigation of such claims.
Compliant Court System - Increasingly, federal courts with Republican-appointed judges on the bench have worked closely with Republicans in Congress and the White House to issue rulings favorable to the ruling party. Kuttner notes that if President Bush is re-elected: “a Republican president will have controlled judicial appointments for 20 of the 28 years from 1981 to 2008. And Bush, in contrast to both his father and Clinton, is appointing increasingly extremist judges. By the end of a second term, he would likely have appointed at least three more Supreme Court justices in the mold of Antonin Scalia and Clarence Thomas, and locked in militantly conservative majorities in every federal appellate circuit.” The Supreme Court is already close to becoming “a partisan rubber stamp for contested elections,” Kuttner writes; several more justices in the mold of Justices Antonin Scalia (see September 26, 1986) and Clarence Thomas (see October 13, 1991) would, Kuttner writes, “narrow rights and liberties, including the rights of criminal suspects, the right to vote, disability rights, and sexual privacy and reproductive choice. It would countenance an unprecedented expansion of police powers, and a reversal of the protection of the rights of women, gays, and racial, religious, and ethnic minorities. [It would] overturn countless protections of the environment, workers and consumers, as well as weaken guarantees of the separation of church and state, privacy, and the right of states or Congress to regulate in the public interest.” [American Prospect, 2/1/2004]

Entity Tags: George W. Bush, Democratic Party, Dennis Hastert, Clarence Thomas, Antonin Scalia, Tom DeLay, Robert Kuttner, William Jefferson (“Bill”) Clinton, Republican Party, John Ashcroft, Richard (“Dick”) Cheney, House Republican Whip Organization, James C. (‘Jim’) Wright, Jr., John Dean, Newt Gingrich, Help America Vote Act

Timeline Tags: Civil Liberties

Thomas Tamm.Thomas Tamm. [Source: Newsweek]Thomas Tamm, a veteran Justice Department prosecutor with a high-level security clearance, is finishing up a yearlong post with the Office of Intelligence Policy and Review (OIPR), a Justice Department unit handling wiretaps of suspected terrorists and spies. As his stint is coming to a close, Tamm learns of the existence of a highly classified National Security Agency (NSA) program that is electronically eavesdropping on American citizens—domestic wiretapping. He later learns that “the program,” as it is referred to by those few who know of it at all, is called “Stellar Wind.”
Concealment from FISA Judges - Tamm learns that the NSA program is being hidden from the Foreign Intelligence Surveillance Act (FISA) Court, a panel of federal judges who by law must approve and supervise such surveillance for intelligence purposes. OIPR lawyers ask the FISA Court for permission to implement national-security wiretaps. But, Tamm learns, some wiretaps—signed only by Attorney General John Ashcroft—are going to the chief FISA Court judge and not the other ten judges on the FISA panel. The “AG-only” requests are extraordinarily secretive, and involve information gleaned from what is only referred to as “the program”—Stellar Wind. Only a very few White House and US intelligence officials know the name and the nature of “the program.” Stellar Wind involves domestic wiretaps on telephones and computer e-mail accounts derived from, but not necessarily linked to, information secured from captured al-Qaeda computers and cell phones overseas. With the voluntary cooperation of American telecommunications companies (see 1997-August 2007 and After, February 2001, February 2001, and February 2001 and Beyond), the NSA program also collects vast amounts of personal data about US citizens’ phone and e-mail communications. The program also collects an enormous amount of financial information from the Treasury Department (see February 28, 2006), all collected as part of the NSA’s “data mining” efforts (see Late 1999 and After September 11, 2001).
Program Is 'Probably Illegal,' Says DOJ Official - Tamm, suspicious about the unusual requests, asks his supervisors about the program, and is told to drop the subject. “[N]o one wanted to talk about it,” he will recall. Tamm asks one of his supervisors, Lisa Farabee, “Do you know what the program is?” Farabee replies: “Don’t even go there.… I assume what they are doing is illegal.” Tamm is horrified. His first thought, he will later recall, is, “I’m a law enforcement officer and I’m participating in something that is illegal?” Tamm soon finds out from deputy OIPR counsel Mark Bradley that the chief FISA judge, Colleen Kollar-Kotelly, is raising unwanted questions about the warrant requests (see 2004 and 2005), and “the AG-only cases are being shut down.” Bradley adds, “This may be [a time] the attorney general gets indicted.”
Request for Guidance Turned Down - For weeks, Tamm agonizes over what to do. He seeks guidance from a former colleague, Sandra Wilkinson, who now works on the Senate Judiciary Committee. The two have coffee in the Senate cafeteria, and Tamm asks Wilkinson to ask if anyone on the committee knows anything about “the program.” Weeks go by without a response, and Tamm sends Wilkinson an e-mail from his OIPR computer—an e-mail that will later alert the FBI to Tamm’s interest in Stellar Wind. During a second conversation, Wilkinson refuses to give Tamm any information. “Well, you know, then,” he replies, “I think my only option is to go to the press.”
Contacting the New York Times - Tamm finally decides to contact the New York Times’s Eric Lichtblau, who has written several stories on the Justice Department that impressed Tamm. By this point he has transferred out of OIPR and back into a Justice Department office that would allow him to return to the courtroom. Tamm calls Lichtblau from a pay phone near the US District Courthouse in Washington. “My whole body was shaking,” he will recall. He identifies himself only as “Mark” (his middle name), and arranges to meet Lichtblau at a bookstore near the Justice Department. (In his 2008 book Bush’s Law: The Remaking of American Justice, Lichtblau describes Tamm as “a walk-in” source who was “agitated about something going on in the intelligence community.” Lichtblau will describe Tamm as wary and “maddeningly vague,” but as they continue to meet—usually in bookstores and coffee shops in the Capitol District—Tamm’s “credibility and his bona fides became clear and his angst appears sincere. Eighteen months later, after finally overriding a request and warning from President Bush not to print the story (see December 6, 2005), the Times reports on the existence of the NSA program (see December 15, 2005). [Ars Technica, 12/16/2008; Newsweek, 12/22/2008]

Entity Tags: Mark Bradley, Federal Bureau of Investigation, Eric Lichtblau, Colleen Kollar-Kotelly, Bush administration (43), ’Stellar Wind’, Foreign Intelligence Surveillance Court, Lisa Farabee, Senate Judiciary Committee, Thomas Tamm, Sandra Wilkinson, Office of Intelligence Policy and Review, New York Times, US Department of the Treasury, National Security Agency, US Department of Justice, John Ashcroft

Timeline Tags: Civil Liberties

March 8, 2004: Court Denies Al-Marri Appeal

A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives

Chuck Rosenberg.Chuck Rosenberg. [Source: Associated Press / Charles Dharapak]Vice President Dick Cheney challenges objections to the White House’s secret, warrantless surveillance program (see Early 2002) by Justice Department officials. Cheney makes his objections during a meeting attended by high-level White House and Justice Department officials, but this does not come to light until a 2007 testimony by Deputy Attorney General James Comey (see May 15, 2007). [Washington Post, 6/7/2007] (Comey will step down from his post in mid-2005.) [Law.com, 4/21/2005] The White House meetings take place one day before White House officials journey to Attorney General John Ashcroft’s hospital room to try to force Ashcroft to give his approval for the NSA-managed surveillance program (see March 10-12, 2004). Ashcroft will refuse to give his approval. Cheney’s key role in leading what the Washington Post calls “a fierce internal battle over the legality of the warrantless surveillance program” is not known until Comey’s 2007 testimony. The White House meeting, held to discuss Justice Department objections to the NSA program, is attended by Cheney, White House counsel and future attorney general Alberto Gonzales, Cheney’s chief counsel David Addington, and others. Comey will testify that at the time, eight Justice Department officials are prepared to resign if the White House doesn’t back down on forcing the department to sign off on the program. Those officials include FBI director Robert Mueller, US attorney Chuck Rosenberg of the northern Virginia district, and Office of Legal Counsel head Jack Goldsmith. [Washington Post, 6/7/2007]

Entity Tags: Washington Post, US Department of Justice, Robert S. Mueller III, John Ashcroft, Alberto R. Gonzales, Chuck Rosenberg, David S. Addington, Richard (“Dick”) Cheney, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

Attorney General John Ashcroft is visited by a squad of top White House and Justice Department officials just hours after Ashcroft underwent emergency surgery for severe, acute pancreatis, and is still recuperating in intensive care. The White House officials attempt to persuade the barely lucid Ashcroft to give his formal approval for the secret National Security Agency warrantless wiretapping surveillance program (see Early 2002), which requires the Justice Department to periodically review and approve it. [National Public Radio, 5/15/2007; Washington Post, 5/16/2007; Washington Post, 6/7/2007; Associated Press, 6/7/2007]
Comey, Goldsmith Rush to Head Off Aides - Deputy Attorney General James Comey testifies to the incident before the Senate Judiciary Committee over three years later (see May 15, 2007). Comey will recall that he and Ashcroft had decided not to recertify the surveillance program due to their concerns over its legality and its lack of oversight. On March 9, Ashcroft was rushed to the hospital with severe pancreatis. As per Justice Department procedures, Comey became acting attorney general for the duration of Ashcroft’s incapacity. The next night, just hours after Ashcroft underwent emergency surgery for the removal of his gallbladder, Comey receives an urgent phone call from Ashcroft’s aide, David Ayres, who himself has just spoken with Ashcroft’s wife Janet. Ayres tells Comey that White House counsel Alberto Gonzales and White House chief of staff Andrew Card are en route to Ashcroft’s hospital room to pressure Ashcroft to sign off on the program recertification. A furious Comey telephones FBI director Robert Mueller, and the two, accompanied by aides, race separately through the Washington, DC streets with sirens wailing to reach Ashcroft’s hospital room; they beat Gonzales and Card to the room by a matter of minutes. “I was concerned that, given how ill I knew the attorney general was, that there might be an effort to ask him to overrule me when he was in no condition to do that,” Comey will testify, and will add that to him, Ashcroft appears “pretty bad off.” En route, Mueller instructs the security detail protecting Ashcroft not to allow Card or Gonzales to eject Comey from the hospital room. Card and Gonzales enter just minutes later. [Washington Post, 5/16/2007; PBS, 5/16/2007] “And it was only a matter of minutes that the door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card,” Comey will testify. “They came over and stood by the bed, greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there—to seek his approval for a matter.” [National Public Radio, 5/15/2007] Gonzales is holding an envelope containing an executive order from Bush. He tells Ashcroft that he needs to sign off on the order, thereby giving the wiretapping program Justice Department authorization to continue unabated. Comey will testify that Ashcroft “lifted his head off the pillow and in very strong terms expressed his view of the matter, rich in both substance and fact, which stunned me. [Ashcroft then adds] ‘But that doesn’t matter, because I’m not the attorney general. There is the attorney general,’” pointing at Comey. Gonzales and Card leave the room without ever acknowledging Comey’s presence. “I was angry,” Comey will recall. “I thought I just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.” [Washington Post, 5/16/2007; Washington Post, 6/7/2007] “That night was probably the most difficult night of my professional life, so it’s not something I forget,” Comey will testify. [PBS, 5/16/2007] Goldsmith is also in the room; like Comey, Goldsmith receives a phone call alerting him to Gonzales’s and Card’s visit, and like Comey, Goldsmith races through the Washington streets to arrive at Ashcroft’s room minutes before Gonzales and Card arrive. He, too, is astonished at the brazen, callous approach taken by the two White House officials against Ashcroft, who he describes as laying in his darkened hospital room, with a bright light shining on him and tubes and wires protruding from his body. “Ashcroft, who looked like he was near death, sort of puffed up his chest,” Goldsmith later recalls. “All of a sudden, energy and color came into his face, and he said that he didn’t appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn’t the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I’ve ever witnessed.” As Gonzales and Card leave the room, Goldsmith will recall, “Mrs. Ashcroft, who obviously couldn’t believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly.” [New York Times Magazine, 9/9/2007] After Gonzales and Card leave the room, Comey asks Mueller to instruct the security detail not to let any more visitors into the room, except for family, without Mueller’s approval, apparently in order to keep Gonzales and Card from attempting to return. [US Department of Justice, 8/14/2007]
Cheney or Bush Behind Visit? - The hospital visit is sparked by at least two events: a meeting of White House officials a day earlier, where Vice President Dick Cheney attempted to push reluctant Justice Department officials to approve the surveillance program (see March 9, 2004), and Comey’s own refusal to certify the legality of the surveillance, as noted above. [Washington Post, 6/7/2007] Some believe that the timing of the incident shows that Cheney is the one who ordered Gonzales and Card to go to Ashcroft’s hospital room; Comey personally informed Cheney of his decision not to give his approval to the program. Speculation about Cheney’s ordering of the visit cannot be confirmed, [National Journal, 7/7/2007; National Journal, 8/16/2007] though the New York Times states flatly in an op-ed that “Vice President Dick Cheney sent Mr. Gonzales and [Card] to Mr. Ashcroft’s hospital room to get him to approve the wiretapping.” [New York Times, 7/29/2007] Three years later, Goldsmith will tell Congress that he believes Bush himself authorized the visit (see October 2, 2007).
Meeting in the White House - Minutes after the incident in Ashcroft’s hospital room, Card orders Comey to appear at a late-night meeting at the White House; Comey refuses to go alone, and pulls Solicitor General Theodore Olson from a dinner party to act as a witness to the meeting. “Mr. Card was very upset and demanded that I come to the White House immediately. After the conduct I had just witnessed, I would not meet with him without a witness present,” Comey will testify. “[Card] replied, ‘What conduct? We were just there to wish him well.’ And I said again, ‘After what I just witnessed, I will not meet with you without a witness. And I intend that witness to be the solicitor general of the United States.’” On March 11, after an al-Qaeda bombing in Madrid kills over 200 people (see 7:37-7:42 a.m., March 11, 2004, Bush recertifies the program without the approval of the Justice Department. Comey responds by drafting a letter of resignation, effective March 12. “I couldn’t stay if the administration was going to engage in conduct that the Department of Justice had said had no legal basis,” he will testify. “I just simply couldn’t stay.” Comey is not the only one threatening to resign; he is joined by Ashcroft, Mueller, Ayres, Goldsmith, Justice Department official Patrick Philbin, and others, who all intend to resign en masse if Bush signs off on the surveillance program without Justice Department support. But Ayres persuades Comey to delay his resignation; in Comey’s words, Ayres “asked me something that meant a great deal to him, and that is that I not resign until Mr. Ashcroft was well enough to resign with me.” Instead of resigning on March 12, Bush meets separately with Comey and Mueller, and promises to make changes in the program (see March 12-Mid-2004). Those changes have never been disclosed, though some changes are later found to be the creation of a secret review court to oversee the surveillance court, and the clarification of what exactly constitutes “probable cause” for surveillance. Comey will testify,…“Director Mueller came to me and said that, ‘The president told me that the Department of Justice should get this where it wants to be—to do what the department thinks is right.’ And I took that mandate and set about to do that, and I accomplished that.” [Newsweek, 1/9/2006; National Public Radio, 5/15/2007; New York Times, 5/15/2007; Washington Post, 5/16/2007; PBS, 5/16/2007; Associated Press, 6/7/2007] Goldsmith recalls his surprise when Congress later approves the program and brings it somewhat under the supervision of the FISA court. “I was sure the government was going to melt down,” Goldsmith says in 2007. “No one anticipated they were going to reverse themselves.” [New York Times Magazine, 9/9/2007]
Did Gonzales Break the Law? - It is also possible that Gonzales and Card may have broken the law in discussing classified information in a public venue. “Executive branch rules require sensitive classified information to be discussed in specialized facilities that are designed to guard against the possibility that officials are being targeted for surveillance outside of the workplace,” says law professor Neal Katyal, a national security adviser under Bill Clinton. “The hospital room of a cabinet official is exactly the type of target ripe for surveillance by a foreign power. And the NSA program is particularly sensitive. One government official familiar with the program notes, “Since it’s that program, it may involve cryptographic information,” some of the most highly protected information in the intelligence community. The law governing disclosure of classified information is quite strict, and numerous government and military officials have been investigated for potential violations in the past. “It’s the one you worry about,” says the government official. Katyal says that if Gonzales did indeed break the law, the Justice Department cannot run any investigation into the matter: “The fact that you have a potential case against the Attorney General himself calls for the most scrupulous and independent of investigations.” Many others are dismayed and confused by the contradictions between the absolute secrecy surrounding the program, and Gonzales’s and Card’s willingness to openly discuss it in such an insecure location, and in front of witnesses not cleared to hear details about the program—including Ashcroft’s wife, who is present in the room while the officials seek her husband’s signature. Former NSA general counsel Elizabeth Parker says not enough is known about the meeting to be sure whether or not the law was broken. “Obviously things can be discussed in ways that don’t divulge highly classified information,” she says. “The real issue is what is it about this program that is so classified that can’t allow it to be discussed in a Congressional setting, even a closed Congressional hearing. In order to have confidence in what this program is all about, one needs to understand better what the approach is and how it affects the rights of American citizens.”
'Horrible' Judgment - John Martin, who oversaw Justice’s counterintelligence division for 26 years, calls Gonzales’s and Card’s attempt to override Comey’s authority as acting attorney general as more than just “bad judgment.” Martin calls their judgement “horrible…they both knew or should have known that the Attorney General while he was so incapacitated had delegated his power to his deputy Jim Comey. Comey’s actions were heroic under the circumstances.” [Time, 5/17/2007]
Snow Dismisses Concerns - In May 2007, after Comey’s testimony to the Senate hits the media, White House press secretary Tony Snow dismisses any concerns about the inappropriateness of Gonzales’s and Card’s pressuring of Ashcroft in his hospital room, and skips over the fact that Comey, not Ashcroft, had the final authority of the Attorney General at the time. “Because he had an appendectomy, his brain didn’t work?” Snow will say of Ashcroft. “Jim Comey can talk about whatever reservations he may have had. But the fact is that there were strong protections in there, this program has saved lives and it’s vital for national security and furthermore has been reformed in a bipartisan way.” Judiciary Committee member Charles Schumer (D-NY) has a different take on the incident: “What happened in that hospital room crystallized Mr. Gonzales’ view about the rule of law: that he holds it in minimum low regard.” [Associated Press, 6/7/2007] Senate Democrats are preparing to introduce a resolution of no-confidence against Gonzales. [Time, 5/17/2007]

Entity Tags: National Security Agency, George W. Bush, Jack Goldsmith, James B. Comey Jr., John Ashcroft, Elizabeth Parker, Janet Ashcroft, Richard (“Dick”) Cheney, John Martin, David Ayres, Alberto R. Gonzales, Andrew Card, US Department of Justice, Charles Schumer, Theodore (“Ted”) Olson, Tony Snow, Robert S. Mueller III, Senate Judiciary Committee, Patrick F. Philbin, Neal Katyal

Timeline Tags: Civil Liberties

President Bush meets privately with acting Attorney General James Comey to discuss the Justice Department’s refusal to reauthorize the administration’s warrantless wiretapping program (see Late September, 2001). (Comey will later refuse to discuss the conversation during testimony before Congress.) After the meeting, Bush meets privately with FBI Director Robert Mueller, Comey’s partner in opposing the program (see March 10-12, 2004). After his meeting, Mueller tells Comey, “[W]e have the president’s direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify its legality.” Author and reporter Charlie Savage will later write, “Comey, [Office of Legal Counsel chief Jack] Goldsmith, and their colleagues spent the next several weeks making a series of undisclosed changes to the warrantless surveillance program—during which time the original program continued to operate, even though the president had been told it was illegal.” Outside experts will later speculate that Comey and Goldsmith had constrained the program’s scope by imposing stricter controls on who can be monitored without a warrant. Some will decide that the program now monitors only communications specifically suspected to have a connection to al-Qaeda, not the more general “suspected terrorism” communications. They will also speculate that the authorization for the program now relies on Congress’s Authorization to Use Military Force (AUMF—see September 14-18, 2001), not the president’s inherent authority as commander in chief. But, Savage will write, the program still allows wiretapping without a judge’s approval, and therefore is still illegal. [Savage, 2007, pp. 188]

Entity Tags: George W. Bush, Charlie Savage, US Department of Justice, Robert S. Mueller III, James B. Comey Jr., Jack Goldsmith

Timeline Tags: Civil Liberties

It was disclosed in 2003 that the NSA had intercepted several calls between hijackers Khalid Almihdhar, Nawaf Alhazmi, and Salem Alhazmi and an al-Qaeda communications hub in Sana’a, Yemen (see Early 2000-Summer 2001 and Summer 2002-Summer 2004). But in 2004, after revelations that the NSA has been wiretapping inside the US, some media begin to re-examine the circumstances of the hijackers’ calls from the US, as the Bush administration uses the example of these calls as a justification for the NSA’s domestic wiretapping program. [New York Times, 12/16/2005; Los Angeles Times, 12/21/2005; US President, 12/26/2005 pdf file] The calls are thought to be a key aspect of the alleged intelligence failures before 9/11. In late 1998, the FBI had started plotting intercepts of al-Qaeda calls to and from the communications hub on a map (see Late 1998-Early 2002). According to author Lawrence Wright, “[h]ad a line been drawn from the [communications hub] in Yemen to Alhazmi and Almihdhar’s San Diego apartment, al-Qaeda’s presence in America would have been glaringly obvious.” [Wright, 2006, pp. 343-344] In 2006, former NSA Director Michael Hayden will tell the Senate that if the NSA’s domestic wiretapping program had been active before 9/11, the NSA would have raised the alarm over the presence of hijackers Khalid Almihdhar and Nawaf Alhazmi in San Diego. [CNN, 5/19/2006] However, reports in the press suggest otherwise. For example, in one newspaper a senior intelligence official will say that it was not technically possible for the NSA, which had a budget of around $3.6 billion in 2000, to trace the calls. “Neither the contents of the calls nor the physics of the intercepts allowed us to determine that one end of the calls was in the United States,” says the official. [Bamford, 2002, pp. 482; US News and World Report, 3/15/2004] But another report flatly contradicts this. “NSA had the technical ability to pick up the actual phone number in the US that the switchboard was calling but didn’t deploy that equipment, fearing they would be accused of domestic spying.” [MSNBC, 7/21/2004] It is unclear why concerns about domestic spying allegations would prevent the NSA from passing the information on to the FBI. Almihdhar and Alhazmi were not US citizens, but foreign nationals who had entered the US illegally claiming to be tourists. In addition, there was a wealth of evidence connecting them to al-Qaeda (see Early 1999, January 5-8, 2000, and Early 2000-Summer 2001). In any event, the NSA did reportedly disseminate dispatches about some of these US calls (see Spring-Summer 2000). Some FBI officials will later profess not to know what went wrong and why they were not notified of the hijackers’ presence in the US by other agencies. A senior counterterrorism official will say: “I don’t know if they got half the conversation or none of it or hung up or whatever. All I can tell you is we didn’t get anything from it—we being the people at the FBI who could have done something about it. So were they sitting on it? I don’t know.” [Los Angeles Times, 12/21/2005] The US intelligence community, through the CIA, also had access to the phone company’s records for the Yemeni communications hub, which would have shown what numbers were being called in the US (see Late 1998-Early 2002).

Entity Tags: Michael Hayden, Khalid Almihdhar, Federal Bureau of Investigation, National Security Agency, Ahmed al-Hada, Bush administration (43), US intelligence, Salem Alhazmi, Nawaf Alhazmi

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

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