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Context of 'January 22-23, 2002: John Walker Lindh Flown to US Three Days before First Court Hearing'

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Stephen Jones, who represented convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), says in an op-ed for the Daily Oklahoman he is willing to testify under oath that McVeigh did not act alone in the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). During McVeigh’s trial, Jones insisted that there was evidence of a larger conspiracy, perhaps involving domestic far-right militia groups and perhaps Islamist radicals. Jones says he is willing to testify on behalf of Terry Nichols, McVeigh’s accomplice (see December 23, 1997 and June 4, 1998), who is facing 160 counts of murder in an Oklahoma state court (see September 5, 2001). Jones refuses to say whether either McVeigh or Nichols were actually involved in the conspiracy, stating: “At this point, it’s not appropriate for me to name names or to go into detail in the media. There are pending proceedings.” However, he tells a reporter for The Oklahoman, “If McVeigh is saying he acted alone, that is inconsistent with what he told me.” Any such claim of sole responsibility, Jones says, would be inconsistent with his understanding of the case “and certainly contrary to many statements Tim McVeigh made to me while I was his attorney.” Such a claim, he says, “would be nothing more than an effort to obstruct justice in pending judicial proceedings.… If I remain silent, my silence could be taken… as condoning what he has said and I can’t do that.” Jones says his possible testimony would not violate attorney-client privilege, as he no longer represents McVeigh; moreover, Jones says, McVeigh gave up attorney-client privilege when he attacked Jones in a lawsuit last year (see August 14-27, 1997). [Reuters, 3/26/2001]

Entity Tags: Stephen Jones, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

FBI agent Danny Defenbaugh, the lead investigator in the 1995 Oklahoma City bombing case (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and After 9:02 a.m., April 19, 1995), tells a CNN reporter that convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was planning subsequent attacks to follow the first bombing. He also says that there was no way McVeigh could not have known that his target, the Murrah Federal Building, had children inside. “There were other federal buildings that were mentioned,” Defenbaugh says, referring to potential targets in Dallas and Omaha. The FBI, after finding some of the storage units McVeigh and his co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) used to store explosives, conducted an intensive search for other stores of explosives. “We sent out within two weeks of that letters to every storage facility in the United States,” he says, but notes that nothing turned up. “It was, and still is, probably the largest, most labor-intensive investigation ever conducted by the FBI.” As for the children being in the building, Defenbaugh says, “No matter what and how you go by that building, if you look at the building, you’re going to see all the little cut-out hands, all the little apples and flowers showing that there’s a kindergarten there—that there are children in that building.” Defenbaugh says the most frequent question he hears is whether others were involved in the conspiracy, usually referring to the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Defenbaugh says that security camera footage from a McDonald’s (see 3:00 - 5:00 p.m. April 17, 1995) indicates that McVeigh carried out the bombing by himself. “There was no one else who came in [to the restaurant] with him, who was involved with him, who sat with him, who talked with him, who left with him, no indication whatsoever that there was anyone else,” he says. Defenbaugh notes that McVeigh is a pariah, even to anti-government militia groups, saying: “He’s not a martyr. He’s a cold-blooded killer.” [CNN, 3/28/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The people who died in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), even the children and babies, were merely “collateral damage,” according to Timothy McVeigh, who is awaiting execution for his role in the bombing (see June 2, 1997 and June 11-13, 1997). McVeigh admitted to his participation in the bombing to two Buffalo News reporters, Lou Michel and Dan Herbeck, who wrote the book American Terrorist: Timothy McVeigh and the Oklahoma City Bombing. The book is due to be published within days. “I understand what they felt in Oklahoma City,” McVeigh told the authors. “I have no sympathy for them.” The authors quote McVeigh as saying: “I recognized beforehand that someone might be bringing their kid to work. However, if I had known there was an entire day care center, it might have given me pause to switch targets. That’s a large amount of collateral damage.” CNN reported that according to Danny Defenbaugh, the FBI’s lead investigator in the case, there was no doubt that McVeigh knew there would be children among his victims (see March 28, 2001). In an ABC News interview, the authors say that McVeigh “never expressed one ounce of remorse” for his victims in their interviews with him, though they witnessed him become emotional over his remembrance of killing a gopher. According to the authors, McVeigh regrets only that the deaths of the children detracted from his message about the Ruby Ridge (see August 31, 1992 and August 21-31, 1992) and Waco (see August 31, 1992 and August 21-31, 1992) debacles. McVeigh told the authors, using a reference to the song “Dirty for Dirty” by Bad Company: “What the US government did at Waco and Ruby Ridge was dirty. I gave dirty back to them at Oklahoma City.” The authors note that McVeigh said the triggering event for him was the government’s ban on some types of assault weapons (see September 13, 1994): when that happened, McVeigh told them, “I snapped.” Dr. John Smith, a psychiatrist who evaluated McVeigh, asked McVeigh why he continued with the bombing even though he knew children were in the building. “[H]e said, ‘One, the date was too important to put off,’” Smith says, noting that the date of the bombing, April 19, was the two-year anniversary of the Branch Davidian debacle, “and he went into a tirade about all the children killed at Waco.” According to Michel and Herbeck, McVeigh told them he alone planned the bombing, and when his accomplice Terry Nichols (see December 23, 1997 and June 4, 1998) began to show reluctance in continuing (see March 1995 and March 31 - April 12, 1995), he forced him to keep working with him by threatening his family (legal sources dispute that claim, noting that Nichols never raised the idea of coercion in his defense). McVeigh denied that anyone else took part in the bombing, quoting a line from the movie A Few Good Men: “You can’t handle the truth.” McVeigh continued, “Because the truth is, I blew up the Murrah Building, and isn’t it kind of scary that one man could wreak this kind of hell?” He also told the authors that he was disappointed the building did not come down entirely, saying: “Damn, I didn’t knock the building down. I didn’t take it down.” McVeigh told the authors he knew he would get caught and even anticipated execution as a form of “state-assisted suicide.” Yet he worried initially about snipers as he was being charged. “He was ready to die but not at that moment—he wanted to make sure that his full message got out first,” Herbeck says. [New York Times, 3/29/2001; Associated Press, 3/29/2001; Oklahoma City Journal Record, 3/29/2001; Washington Post, 3/30/2001]

Entity Tags: Danny Defenbaugh, Timothy James McVeigh, Dan Herbeck, Lou Michel, Terry Lynn Nichols, John Smith

Timeline Tags: US Domestic Terrorism

DVD cover illustration of the film ‘Soldiers in the Army of God.’DVD cover illustration of the film ‘Soldiers in the Army of God.’ [Source: HBO / St. Pete for Peace]Cable movie provider HBO airs a documentary, Soldiers in the Army of God, focusing on the violent anti-abortion movement (see 1982, Early 1980s, August 1982, and July 1988) and three of its leaders. National Public Radio airs a profile of the documentary, featuring an interview with the film’s producers, Marc Levin, Daphne Pinkerson, and Daniel Voll. According to Voll, the film focuses on three members of the “Army of God”: young recruit Jonathan O’Toole, who says he was looking for the most “radical” and “terroristic” anti-abortion group he could find; Neal Horsley, who runs an anti-abortion Web site; and long-haul trucker Bob Lokey, who recruits new members.
'Violent Fringe' of Anti-Abortion Opposition - Voll describes the three as part of the “violent fringe” of anti-abortion opposition: “These are the guys on the ground who are—whatever the words that politicians and other leaders of these cultural wars can put out there, these are the men who hear them and feel emboldened by them, who feel encouraged by each other, and they are every day praying for God’s will in their life.” Another unidentified man says: “Anybody who raises a weapon up against these people who are slaughtering these babies, before God and the entire world, right now I say you are doing God’s own work. And may the power of God be with you as you aim that rifle. You’re squeezing that trigger for Almighty God.” In the documentary, an unidentified anti-abortion activist says: “There are people in this world right now who are looking for directions on what do we do. Well, we end abortion on demand by the most direct means available to us. So stop the abortion with a bullet, if that’s what it takes. Stop it with a bomb, if that’ s what it takes. You stop abortion on demand. Don’t let it go any farther.” O’Toole says that the “next step is to arm ourselves in a militia, a real militia that has the power to resist the federal government.” Pinkerson says that O’Toole, who was 19 when he joined the Army of God, found Horsley on the Internet through Horsley’s Web site, “The Nuremberg Files,” which lists doctors who perform abortions (see January 1997). O’Toole became Horsley’s assistant, and through him met Lokey, who runs a Web site called “Save the Babies.” In the film, O’Toole, whom the producers speculate may eventually become an assassin of abortion providers, says that because of America’s legalization of abortion, the country has become like “Nazi Germany. It’s like you’ve got concentration camps around you.” Levin notes that filmed conversations between Horsley and Lokey show that many in the movement feel threatened by the concept of women’s equality, and blame men’s failure to exert “dominion” over women as part of the reason why the US legalized abortion. [National Public Radio, 3/30/2001; Womens eNews, 3/30/2001]
Opposition to Homosexuality - Horsley draws a connection between the organization’s opposition to abortion and the American citizenry’s supposed opposition to homosexuality, saying: “If the American people woke up, and realized that they had to choose between legalized abortion, legalized homosexuality, and legalized all the rest of the desecration or civil war which would cause the rivers to run red with blood—hey, you know we will see legalized abortion go like that! We’ll see legalized homosexuality go like that! Because the American people are not willing to die for homosexuals.”
Bringing Bomb-Making Materials to Washington - The film also shows Lokey bragging to convicted clinic bomber Michael Bray (see September 1994) that he has just trucked 45,000 pounds of ammonium nitrate, a substance that can be used to make “fertilizer bombs” similar to the one that destroyed an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995), into Washington, DC.
Anti-Abortion Opposition Part of an 'Apocalyptic' Death Struggle - Author and reporter Frederick Clarkson writes: “At once shocking, compelling, and beautifully made, the film is essentially the national television debut for the aboveground spokesmen and spokeswomen of the Army of God.… Horsley and others are quite clear in their public statements and their writings that the attacks on clinics and the murders of doctors are but warning shots in what they envision as an epochal, even an apocalyptic struggle at hand. Either Americans conform to their view of God’s laws, or there will be a blood bath, they say. And there is no evidence that they are anything but dead serious.” [Womens eNews, 3/30/2001]

Entity Tags: Michael Bray, Frederick Clarkson, Daphne Pinkerson, Daniel Voll, Bob Lokey, Army of God, Home Box Office, Marc Levin, Neal Horsley, National Public Radio, Jonathan O’Toole

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Randy Weaver, the white separatist who was at the heart of the 1992 Ruby Ridge standoff with the FBI (see August 31, 1992), says the reasons given by convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) for the bombing ring hollow. A book titled American Terrorist, based on prison interviews given by McVeigh to two reporters, claims that McVeigh targeted a federal building in retaliation for the Ruby Ridge (see August 21-31, 1992) and Branch Davidian (see April 19, 1993 and April 19, 1993 and After) tragedies (see March 29, 2001). Weaver is not buying it. “McVeigh took the law into his own hands,” he tells a reporter. “He had justified it in his own mind. I don’t agree with him at all. He has more anger in him than I do, and I don’t know how that could be.” Weaver’s wife and son died by FBI gunfire during the siege. A federal marshal was also killed in the standoff. [Associated Press, 3/31/2001]

Entity Tags: Timothy James McVeigh, Randy Weaver

Timeline Tags: US Domestic Terrorism

Adnan Shukrijumah.Adnan Shukrijumah. [Source: FBI]The FBI investigates Adnan Shukrijumah, an apparent associate of Mohamed Atta (see 2000-2001 and May 2, 2001), in connection with a South Florida-based Islamic militant group that is plotting to recruit operatives and finance attacks and assassinations in the Middle East (see (October 1993-November 2001)). The group includes Jose Padilla associates Adham Amin Hassoun and Mohammed Hesham Youssef, and is connected to Sheikh Omar Abdul-Rahman and the suspect charity Benevolence International Foundation (see 1988-1989). Shukrijumah keeps his distance from the core plotters and despite FBI wiretaps on the group’s phones, the FBI is unable to establish a firm connection between him and the plans. Shukrijumah is also being investigated over a plot to attack various businesses in Florida and blow up Mount Rushmore around this time (see April-May 2001). The FBI later determines that Shukrijumah is a top al-Qaeda operative and will issue a $5 million reward for his capture (see March 21, 2003 and After). [US News and World Report, 4/7/2003; St. Petersburg Times, 11/23/2003; Los Angeles Times, 9/3/2006]

Entity Tags: Mohamed Atta, Benevolence International Foundation, Federal Bureau of Investigation, Adnan Shukrijumah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Anti-government groups believe that convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) was a brainwashed “patsy” who undermined them, and is not a martyr to their cause, according to experts who monitor the groups. McVeigh is awaiting execution at an Indiana prison. Mark Pitcavage, who tracks right-wing hate groups for the Anti-Defamation League, says: “They view Timothy McVeigh as a patsy, as a sort of Lee Harvey Oswald type. Why hasn’t he come clean? Because he’s been brainwashed, [the groups believe,] and the government wants to execute him before he can wake up.” The Oswald comparison refers to the belief that some have that Oswald was an innocent man framed for the killing of President John F. Kennedy. Some anti-government extremists say that McVeigh was programmed by government agents to cause dissension among anti-government groups, and to give the government an excuse to crack down on the groups. Even so, some experts warn, some anti-government and militia groups will choose April 19, the date of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), as a day to recognize and to possibly carry out further violence. Political scientist Evan McKenzie says, “Every April 19, everyone should hold their breath.” [Reuters, 4/5/2001]

Entity Tags: Timothy James McVeigh, Evan McKenzie, Mark Pitcavage

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997), waiting for his execution (see January 16, 2001), meets with his father Bill McVeigh for the last time. He again refuses to apologize for the bombing: “Dad, if I did, I wouldn’t be telling the truth,” he says. [The Oklahoman, 4/2009]

Entity Tags: Timothy James McVeigh, William (“Bill”) McVeigh

Timeline Tags: US Domestic Terrorism

Attorney General John Ashcroft announces that survivors and relatives of victims of the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997) will be allowed to witness Timothy McVeigh’s execution via closed-circuit television. [Fox News, 4/13/2005]

Entity Tags: Timothy James McVeigh, John Ashcroft

Timeline Tags: US Domestic Terrorism

Convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) says that he bombed the Murrah Federal Building (see 8:35 a.m. - 9:02 a.m. April 19, 1995) after considering a plan to assassinate Attorney General Janet Reno. McVeigh’s statement comes in a written response he gives to questions submitted by Fox News reporter Rita Cosby. McVeigh calls the bombing both a retaliatory strike and a pre-emptive one against an “increasingly militaristic and violent federal government.” Last month, McVeigh’s admission of his role in the bombing was made public by two reporters, in which he called the deaths of children in the blast “collateral damage” (see March 29, 2001). McVeigh provides the answers to the Fox reporters’ questions to make sure his motives for setting the bomb are clear. “I explain this not for publicity,” he writes. “I explain so that the record is clear as to my thinking and motivations in bombing a government installation.” He notes again that the date of April 19 was chosen to reflect the date of the Branch Davidian debacle (see April 19, 1993 and April 19, 1993 and After), calling the government’s assault on the Davidian compound the equivalent of the Chinese government’s “deploying tanks against its own citizens.” McVeigh says he waited two years for the government to correct its “abuse of power,” and became angry when “they actually gave awards and bonus pay to those agents involved, and conversely, jailed the survivors of the Waco inferno after the jury wanted them set free” (see January-February 1994). McVeigh says he observed what he calls “multiple and ever-more aggressive raids across the country” by the government that constituted what he calls an unacceptable pattern of behavior. He says violent action against the government became an option for him only after protest marches, letter-writing campaigns, and media awareness “failed to correct the abuse.” His first thought was “a campaign of assassination,” including Reno, Judge Walter Smith, who handled the Branch Davidian trial, and Lon Horiuchi, the FBI agent who shot to death the wife of white separatist Randy Weaver during the Ruby Ridge siege (see August 31, 1992 and August 21-31, 1992). Assassinating Reno, McVeigh says, would “mak[e] her accept ‘full responsibility’ in deed, not just word,” for the Davidian disaster. But, he says, federal agents are merely soldiers, and he decided to strike against them at what he calls one of their command centers. The bombing, he says, was “morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations,” and therefore was acceptable for that reason. “I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government,” he writes. “Based on the observations of the policies of my own government, I viewed this action as an acceptable option.” Asked about calling the children slain in the blast “collateral damage,” McVeigh writes: “Collateral Damage? As an American news junkie; a military man; and a Gulf War Veteran, where do they think I learned that (It sure as hell wasn’t Osami [sic] Bin Laden!)” [Fox News, 4/26/2001; Associated Press, 4/27/2001; New York Times, 4/27/2001; Fox News, 4/27/2001]

Entity Tags: Rita Cosby, Janet Reno, Lon Horiuchi, Timothy James McVeigh, Walter Smith

Timeline Tags: US Domestic Terrorism

David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial, was hired to represent FBI agent Robert Wright in September 1999 (see August 3, 1999). After 9/11, Schippers will claim that he began privately informing congresspeople about Wright’s investigation into terrorism financing in the US in early 2001, but found little interest (see February-March 2001). Schippers appears to have had different sources than Wright who began telling him about attack warnings. Supposedly, the first warning was based on a secret February 1995 report which stated that bin Laden was planning three attacks on the US: the bombing of a federal building in the heartland of the US, shooting down or blowing up an airplane, and a massive attack in lower Manhattan. Schippers believes the first warning was a prediction of the April 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the second was a prediction of the 1996 explosion of TWA Flight 800 (see July 17, 1996-September 1996). In some versions of this warning, the Manhattan attack was meant to be caused by a “dirty bomb” - explosives mixed with radioactive materials - but other accounts described the use of planes as weapons instead. He says one of his sources for this early warning was Yossef Bodansky, director of the Congressional Task Force on Terrorism and Unconventional Warfare. Schippers will claim that his sources continued to uncover further information. The Manhattan warning “had started out just a general threat, but they narrowed it and narrowed it, more and more with time,” until the “same people who came out with the first warning” tell him in May 2001 that “an attack on lower Manhattan is imminent.” Schippers speaks to several FBI agents directly, and hears that “there are [other agents] all over the country who are frustrated and just waiting to come out.” They are frustrated by “a bureaucratic elite in Washington short-stopping information,” which gives “terrorism a free reign in the United States.” Schippers later claims that some FBI agents later told him that before 9/11, “they had [Mohamed] Atta in their sights.” They also had attempted to “check out” the names and activities of “very strange characters training at flight schools.” He will claim that “FBI agents in Chicago and Minnesota” tell him “there [is] going to be an attack on lower Manhattan.” Schippers will later claim that he will attempt to contact Attorney General John Ashcroft and other politicians about this warning in coming months, but that they will show little interest (see July-Late August 2001). [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260]

Entity Tags: Osama bin Laden, Yossef Bodansky, Al-Qaeda, David Schippers, William Jefferson (“Bill”) Clinton, John Ashcroft, Robert G. Wright, Jr., Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

An investigative report commissioned by Charles Key (R-OK), a former Oklahoma legislator with ties to regional militia organizations, will conclude that the government’s investigation into the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was riddled with omissions and errors. Key informs WorldNetDaily (WND), a conservative news Web site, of the upcoming report’s conclusions. Key helped convene a grand jury investigation in 1998 to look into questions surrounding the bombing; when the jury found no evidence of a larger conspiracy, as Key had hoped it would (see December 30, 1998), he denounced the jury’s findings and created the Oklahoma Bombing Investigation Committee, an independent body that conducted the investigation and wrote the report. Key says he hopes the report will help Americans finally “get to the truth” behind the bombing conspiracy. “The purpose of our report is to document the truth,” Key tells WND. “We, as so many others do, believe that facts regarding other perpetrators, prior knowledge, and the number of explosive devices used to damage the Murrah Building has been concealed.” Key says the committee found “substantial evidence” proving that federal law enforcement officials and court officials knew of the attack well beforehand, but either ignored those warnings or deliberately allowed the attack to go forward. One of those warnings came from a government informant, Carole Howe, whose credibility was questioned by her handlers at the Bureau of Alcohol, Tobacco and Firearms (BATF—see August 1994 - March 1995). Other warnings came from two informants affiliated with organizations in foreign countries, Key says. Four government agencies, including the BATF and the US Marshals, received a notification “to be on the alert for possible attacks against individuals, federal institutions, or the public at large.” Key also says that Federal Judge Wayne Alley, who originally handled the case against convicted bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997), told a reporter that the day of the bombing he had been warned to be on the alert for a possible bombing. Key also says he has statements from five witnesses who claim that no BATF agents were in the building at the time of the attack (this is false; a BATF agent documented his experiences in trying to escape from the building; see 9:02 a.m. and After, April 19, 1995). Other witnesses have told Key that they saw bomb squad vehicles in downtown Oklahoma City before the bomb went off. Key says “over 70 witnesses” saw McVeigh “and one or more John Does” in the days before, and on the day of, the bombing. After the bombing, Key says, around 40 witnesses identified the now-infamous “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995) as a man of Middle Eastern descent (see 10:00 a.m. April 19, 1995 and After). Federal authorities ignored those witnesses, Key claims. Key also says that several witnesses in the building told of a “second bomb” going off before (not after) McVeigh’s truck bomb exploded. (Claims that a second bomb went off after the truck bomb detonated have been disputed—see After 9:02 a.m. April 19, 1995 and 9:22 a.m. April 19, 1995). Some of the witnesses say that the first, smaller detonation drove them to hide under their desks just before the larger bomb detonated, thus giving them the chance to save themselves. Key says the committee obtained seismological evidence from what he calls an expert source that, he says, “supports the fact that there were multiple explosions” that morning. But, as was the case with other witnesses, the expert “was not allowed to testify at the federal trials,” the report says. And, Key says, witnesses claim to have actually seen a number of bombs in the building that morning, reports that caused rescue personnel to evacuate the building while people were still trapped inside (see 10:00 a.m. and After, April 19, 1995 and 10:28 a.m. April 19, 1995). The report questions the size of McVeigh’s bomb, which was estimated at a number of different sizes but was eventually concluded by government experts to be somewhere around 4,800 pounds; the report says that estimate is incorrect. The damage suffered by the Murrah Building could not have been caused by a bomb of that size, according to “experts” quoted by the report. Key also says that the government deliberately prevented evidence of others’ involvement in the bombing to be used in McVeigh’s and Nichols’s trials, and says that indictments against the two named those persons (this is false—see August 10, 1995). Key says allegations by Jayna Davis that Osama bin Laden masterminded the bomb conspiracy (see March 20, 2001) support the report’s contentions. The report contains other allegations, including possible involvement by federal law enforcement and court officials, FBI officials refusing to allow Federal Emergency Management Agency (FEMA) personnel to investigate the building, FBI officials refusing to run fingerprint checks of over 1,000 prints obtained in the investigation, what the report calls “blatant bias” exhibited towards “anyone asking questions or probing into facts,” and of breaking “[v]irtually all of the rules governing grand juries.” Key’s committee concludes that the Clinton administration “had prior knowledge of the bombing,” and that “McVeigh and Nichols did not act alone.” Key tells WND: “The final report represents years of extensive investigation and countless interviews. It contains information never reported before in any forum.” [WorldNetDaily, 5/4/2001]

Entity Tags: Timothy James McVeigh, Carole Howe, Charles R. Key, Oklahoma Bombing Investigation Committee, Federal Bureau of Investigation, Jayna Davis, Wayne E. Alley, WorldNetDaily

Timeline Tags: US Domestic Terrorism

Gore Vidal and friend.Gore Vidal and friend. [Source: Economist]Author Gore Vidal says he will attend the execution of convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997 and June 11-13, 1997). Vidal was offered one of three witness slots McVeigh was given for friends or family members. Vidal says he has “exchanged several letters” with McVeigh since McVeigh wrote him in 1998 about an article Vidal wrote on the Bill of Rights. Vidal says that while he does not approve of the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), he and McVeigh share some views on the federal government. “He’s very intelligent,” Vidal says of McVeigh. “He’s not insane.” Vidal says he and McVeigh agree that the federal government went far beyond its limits in the FBI’s assault on the Branch Davidian compound outside of Waco, Texas, an assault that resulted in the deaths of 78 people (see April 19, 1993 and April 19, 1993 and After). “This guy’s got a case—you don’t send the FBI in to kill women and children,” Vidal says. “The boy has a sense of justice.” Vidal says he intends to write an article for Vanity Fair about the execution. [New York Times, 5/7/2001]

Entity Tags: Timothy James McVeigh, Gore Vidal

Timeline Tags: US Domestic Terrorism

New York Times reporter James Sterngold goes to Kingman, Arizona, to interview people there about a former resident, convicted Oklahoma City bomber Timothy McVeigh (see June 2, 1997), who now awaits execution (see June 11-13, 1997). While many in the small desert town continue to voice their suspicion of, and opposition to, the federal government as McVeigh did, they do not endorse McVeigh’s actions. McVeigh’s friend Walter “Mac” McCarty, an elderly ex-Marine who always carries a gun on his hip, recalls McVeigh attending some of his courses on handgun usage and safety (see February - July 1994). McCarty says he is angry at McVeigh for blowing up the Murrah Federal Building and killing 168 people (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He calls the bombing senseless, but has an equal amount of anger and criticism for the FBI’s actions after the bombing, when he says agents from that bureau descended on the town and harassed its citizens. Kingman is not a haven for anti-government extremists, McCarty says. “There never was at any time a really organized militia or group like that around Kingman, and I would know,” he says. There are some people around here who think that way, I can tell you that. But it’s not organized like they say.” McCarty’s statement does not completely coincide with Kingman history. Arizona has had a number of active militias in the recent past, according to Kingman Police Chief Larry J. Butler, and some terrorist attacks, the largest being the derailment of an Amtrak train six months after McVeigh detonated his bomb (see October 9, 1995). Butler says during the mid-1990s, he would occasionally hear of hunters coming across makeshift survivalist camps in the desert. Butler remembers some “zealots” who would argue with his officers, claiming the government had no right to force them to register their cars or get drivers’ licenses, but he says those confrontations had dwindled away to almost nothing. Butler says: “To the extent there were any, Tim McVeigh killed the feelings for militias around here. I can tell you, there’s no sympathy for them.” Steve Johnson of the Mohave County Sheriff’s Department, agrees, saying: “I can’t say that they are here and I can’t say that they aren’t here. We just don’t see them.” Groups like the Southern Poverty Law Center say that since McVeigh’s bombing, the number of militia groups in Arizona has dropped sharply. [New York Times, 5/10/2001]

Entity Tags: Southern Poverty Law Center, Federal Bureau of Investigation, Larry J. Butler, Steve Johnson, James Sterngold, Timothy James McVeigh, Walter (“Mac”) McCarty

Timeline Tags: US Domestic Terrorism

The Justice Department reveals that it failed to turn over nearly 4,000 pages of documentary evidence to the defense in the trial of convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 2, 1997). Attorney General John Ashcroft postpones McVeigh’s execution (see January 16, 2001) for 30 days to allow defense attorneys to review the newly released documents. [Douglas O. Linder, 2001; New York Times, 5/11/2001; Washington Post, 5/11/2001; Fox News, 4/13/2005] Apparently many of the documents relate to the FBI’s investigation into the never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995), which the agency now terms a “dead-end” investigation. Sources say many of the documents are “302 forms,” the forms that document the raw interviews conducted by agents with witnesses. [Washington Post, 5/11/2001; Mayhem (.net), 4/2009] The documents were found by bureau archivists in Oklahoma City as they canvassed the agency’s 56 field offices in a final search of records related to the bombing in anticipation of McVeigh’s execution (see June 11-13, 1997). Lawyers for both McVeigh and his convicted co-conspirator Terry Nichols (see December 23, 1997 and June 4, 1998) were legally entitled to review the records as they prepared for the two trials. Justice Department spokesperson Mindy Tucker issues the following statement: “On Tuesday, May 8, the Department of Justice notified Timothy McVeigh’s attorney of a number of FBI documents that should have been provided to them during the discovery phase of the trial. While the department is confident the documents do not in any way create any reasonable doubt about McVeigh’s guilt and do not contradict his repeated confessions of guilt, the department is concerned that McVeigh’s attorneys were not able to review them at the appropriate time.” The FBI blames its obsolete computer system for the error. Prosecutors say the documents were not material to either case. McVeigh’s former lawyer Stephen Jones says, “I said all along they weren’t giving us everything.” [New York Times, 5/11/2001; Indianapolis Star, 2003] Law professor James S. Liebman, who helped conduct an extensive study of death penalty appeals across the country, says the failure to produce the documents is “something I’ve just never heard of.… I can tell you, it’s extremely rare if it’s ever happened before.” [Washington Post, 5/11/2001]

Entity Tags: Federal Bureau of Investigation, James S. Liebman, Mindy Tucker, Stephen Jones, John Ashcroft, Terry Lynn Nichols, Timothy James McVeigh, US Department of Justice

Timeline Tags: US Domestic Terrorism

New York Times reporter David Stout observes that the FBI’s admitted failure to turn over documents to convicted Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995, June 2, 1997, and May 10-11, 2001) will fuel conspiracy theories that will last for years. Attorney General John Ashcroft admitted as much when he ordered a delay in McVeigh’s scheduled execution to review the incident, saying, “If any questions or doubts remain about this case, it would cast a permanent cloud over justice.” Stout writes: “But for some people the cloud has been there all along, and always will be. They will never accept the government’s assertion that the withholding of the documents was simple human, bureaucratic error. And so the 1995 bombing of a federal office building in Oklahoma City seems likely to join the assassinations of John F. Kennedy and the Rev. Dr. Martin Luther King Jr. as events whose truth—in the eyes of some Americans—is forever untold.” Charles Key, a former Oklahoma state legislator who has recently released a statement packed with assertions of a larger conspiracy and government malfeasance surrounding the bombing (see May 4, 2001), has been particularly vocal in his scorn over the document incident, and his contention that it is just part of a larger conspiracy by the government to cover up the truth behind the bombing. McVeigh’s former lawyer Stephen Jones seems to agree with Key; in his recent book (see August 14-27, 1997) Others Unknown: Timothy McVeigh and the Oklahoma Bombing Conspiracy, Jones asserts: “The real story of the bombing, as the McVeigh defense pursued it, is complex, shadowy, and sinister. McVeigh, like the government, had its own reasons to keep it so. It stretches, web-like, from America’s heartland to the nation’s capital, the Far East, Europe, and the Middle East, and much of it remains a mystery.” Others go even farther in their beliefs. Charles Baldridge of Terre Haute, Indiana, where McVeigh is incarcerated awaiting execution, says, “I won’t say that McVeigh didn’t do it, but he wasn’t the brains, he wasn’t the one who orchestrated it.” Asked who orchestrated the bombing, Baldridge replies, “The government.” Many people believe that if the government did not actually plan and execute the bombing, it allowed it to happen, in order to use it as an excuse for passing anti-terrorism laws and curbing basic freedoms. Many of the same conspiracy theories that sprouted in the aftermath of the Branch Davidian tragedy (see April 19, 1993 and April 19, 1993 and After) are now appearing in the public discourse about the Oklahoma City bombing, Stout notes. [New York Times, 5/13/2001]

Entity Tags: John F. Kennedy, Charles Baldridge, Charles R. Key, David Stout, Martin Luther King, Jr., Stephen Jones, Timothy James McVeigh, John Ashcroft, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

One of the documents turned over to the lawyers for convicted Oklahoma City bombing conspirators Timothy McVeigh (see June 2, 1997 and June 11-13, 1997) and Terry Nichols (see December 23, 1997 and June 4, 1998) is a report about a purported eyewitness to the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) whose statements were attacked during McVeigh’s trial. Eyewitness Morris John Kuper Jr. called the FBI two days after the bombing to say that an hour before the bombing, he saw a man resembling McVeigh walking in the company of another man near the Murrah Federal Building. He told agents that he saw both men get into an old, light-colored car similar to the Mercury Marquis McVeigh was arrested in later that morning (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). In court, Kuper described the other man as being similar to a sketch of the suspected, never-identified “John Doe No. 2” (see April 20, 1995, April 21, 1995, April 29, 1995, and June 14, 1995). Kuper also testified that he told agents they should check security cameras at two nearby buildings to see if they caught anything, but, Kuper told the court, “they took my name and phone number and never contacted me again.” FBI documents show that he contacted the FBI via email in October 1995, not on April 21 as he claimed; US Attorney Patrick Ryan challenged Kuper’s credibility in court over the discrepancy in dates. The newly discovered document details Kuper’s conversation with agents on April 21. Ryan says now that he never knew the document existed: “I certainly would never intentionally tell the jury someone had not come forward for six months if I knew they had come forward a couple of days after the bombing.” Ryan says that he still believes Kuper and other defense witnesses who claimed to have seen others accompanying McVeigh before the bombing were “fairly unreliable. The problem with any of these witnesses, even if some were right, you didn’t know which were the right ones and which were the wrong ones.” At the time, fellow prosecutor Beth Wilkinson compared the “John Doe No. 2” accounts to “Elvis sightings.” McVeigh has also said that “John Doe No. 2” does not exist. [New York Times, 5/27/2001]

Entity Tags: Morris John Kuper, Jr, Beth Wilkinson, Patrick M. Ryan, Federal Bureau of Investigation, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

Ahmed Ressam as pictured in his Canadian passport.Ahmed Ressam as pictured in his Canadian passport. [Source: FBI]Ahmed Ressam is convicted in the spring of 2001 for attempting to bomb the Los Angeles International Airport (see December 14, 1999). Facing the likelihood of life in prison, he starts cooperating with authorities in an attempt to reduce his sentence. On this day, he details his experiences in al-Qaeda training camps and his many dealings with top al-Qaeda deputy Abu Zubaida. According to FBI notes from Ressam’s interrogation, Zubaida asked Ressam to send him six original Canadian passports to help Zubaida “get people to America” (see May 2001 and May 2001). Zubaida “wanted an operation in the US” and talked about the need to get explosives into the US for this operation, but Ressam makes it clear this was a separate plot from the one he was involved with. Notes from this day further explain that Ressam doesn’t know if any explosives made it into the US because once an operation is initiated, operators are not supposed to talk about it to anyone. [Calgary Herald, 4/3/2002; Newsweek, 4/28/2005] Zubaida told this to Ressam in 1999, but also indicated that he is willing to wait a year or more to make sure the plot comes to fruition successfully. [Tenet, 2007, pp. 146]
Similarity to 9/11 Attacks - There’s no concrete evidence that Ressam knows any detail of the 9/11 attacks. [Newsweek, 4/28/2005] However, Fox News will later report that roughly around this time Ressam testifies “that attack plans, including hijackings and attacks on New York City targets, [are] ongoing.” [Fox News, 5/17/2002] Questioned shortly after 9/11, Ressam will point out that given what he’s already told his US interrogators, the 9/11 attacks should not be surprising. He notes that he’d described how Zubaida talked “generally of big operations in [the] US with big impact, needing great preparation, great perseverance, and willingness to die.” Ressam had told of “plans to get people hired at airports, of blowing up airports, and airplanes.” [Newsweek, 4/28/2005]
Sharing the Warning - The CIA learns of this warning in June. [Tenet, 2007, pp. 146] Ressam will repeat some of this in a public trial in July (see July 8, 2001). Apparently, the FBI also waits until July to share the information from this debriefing with most other intelligence agencies, the INS, Customs Service, and the State Department. Ressam’s warnings will first be mentioned to Bush in his now famous August 6, 2001 briefing (see August 6, 2001), but as Newsweek will note, “The information from Ressam that was contained in [Bush’s] PDB [is] watered down and seem[s] far more bland than what the Algerian terrorist was actually telling the FBI.” Zubaida’s second plot will be boiled down to one sentence in the PDB: “Ressam also said that in 1998 Abu Zubaida was planning his own US attack.” [Newsweek, 4/28/2005]

Entity Tags: George W. Bush, Ahmed Ressam, Los Angeles International Airport, Federal Bureau of Investigation, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Chief Ray Downey of the New York City Fire Department (FDNY) firmly believes that a major terrorist attack in the United States is imminent. According to a book written by his nephew, in the months before 9/11, Downey has on his desk “all the reports he can get his hands on about the threat of terrorism.” This is because he “has become convinced that a major terrorist attack is coming and that very few people in New York, or the United States, are prepared for this eventuality.” [Downey, 2004, pp. 218-219]
Fire Chief Warns, 'We're Gonna Get Hit Bad' - Downey was in charge of rescue operations following the terrorist bombings of the World Trade Center in 1993 (see February 26, 1993), the Murrah Federal Building in Oklahoma City in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and the Olympic Games in Atlanta, Georgia, in 1996. [New York Times, 11/22/2001; Fire Engineering, 3/2002] Having witnessed the aftermath of these attacks, he now feels “certain that a big one [is] coming next.” Whenever a conversation turns to the subject of terrorism, he warns, “We’re gonna get hit bad.” Furthermore, the 1993 WTC bombing demonstrated to him that Islamic terrorists see New York as their prime target. Downey has discussed his concerns with his men and outlined various scenarios to them. He thinks the “big one” is most likely going to be an attack involving a chemical or dirty bomb in an urban environment. [Downey, 2004, pp. 224]
Chief Has Planned the Fire Department's Response to Terrorism - Downey is in charge of the FDNY’s renowned Special Operations Command (SOC). [New York Post, 12/16/2001; Fire Engineering, 3/2002] The SOC is an elite group of firefighters who respond to unique fire and emergency situations, and its members are trained to deal with catastrophes. [New York Daily News, 10/21/2001; Long Island Herald, 7/13/2007; Smithsonian, 8/31/2013] As head of the unit, Downey is responsible for planning the FDNY’s response to terrorist attacks. He has “worked out various scenarios for terrorist attacks—who would be the first, second, and third of his companies on scene; what would each unit do,” according to the book by his nephew. He has “studied floor plans of major landmarks, looked at aerial views of [New York], thought about traffic routes, bridges, and tunnels.” [Downey, 2004, pp. 222-223]
Chief Serves on a Government Commission on Terrorism - Downey is also a member of the Gilmore Commission, an advisory panel established in 1999 to assess America’s capabilities for responding to domestic terrorist incidents involving weapons of mass destruction. [New York Times, 11/22/2001; Fire Engineering, 3/2002] And in his spare time, he has traveled around the country, “preaching the need to prepare for terrorism,” according to Hal Bruno, chairman of the National Fallen Firefighters Foundation. [Newsday, 9/13/2001]

Entity Tags: Hal Bruno, Ray Downey, New York City Fire Department

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

On June 3, 2001, a British newspaper reveals that Hamid Aich, who is on the FBI’s international wanted list, is living in Dublin where he is applying for asylum. [Mirror, 2/18/2001; News of the World, 6/3/2001] Irish intelligence has been monitoring Aich’s movements since 1997, when authorities tied him to the mass murder of 77 tourists in Luxor, Egypt (see November 18, 1997). [Mirror, 10/17/2001; Daily Telegraph, 11/8/2001] He has since been linked to a number of militant groups (see, e.g., December 14, 1999). It is believed that between 1999 and 2001, Aich assisted 22 Islamic terrorist organizations, and even funded non-Islamic groups, for instance giving $200,000 to the ETA, a separatist group in the Basque region of Spain. Aich was also the director of Mercy International’s Ireland branch. (This charity has several known al-Qaeda connections by this time (see 1988-Spring 1995 and Late 1996-August 20, 1998).) Despite these connections, he will continue to live openly in Dublin after the newspaper discloses his location. [Mirror, 9/17/2001] Irish authorities only publicly say, “Aich’s case is at a very delicate stage.” [News of the World, 6/3/2001] Then, on July 24, he leaves Ireland using a false passport. The FBI, which took no action against him while he was living in Dublin, is reportedly “furious” with Irish police for allowing him to escape. He has not been heard of since, and he has not been included in any known lists of wanted al-Qaeda leaders. It is believed that Aich eventually ends up in Afghanistan. After 9/11, Aich will be described as “one of the FBI’s chief targets” and “one of bin Laden’s most trusted men” who ranks seventh in al-Qaeda’s hierarchy. [Mirror, 9/17/2001]

Entity Tags: Hamid Aich, Zacarias Moussaoui, Federal Bureau of Investigation, Mercy International, Al-Qaeda, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

A small number of Branch Davidians, who live a quiet existence outside of Waco, Texas, and worship in a church dedicated in April 2000 (see September 18, 1999 - April 19, 2000) and built very near the site of the April 1993 conflagration that killed almost 80 of their fellow Davidians (see April 19, 1993), say they have no connection to Oklahoma City bomber Timothy McVeigh. McVeigh, a racist white separatist who evidence shows used the 1993 tragedy as a spark for his decision to bomb a federal building in Oklahoma City on the second anniversary of the Davidian tragedy (see 8:35 a.m. - 9:02 a.m. April 19, 1995), is due to be executed for his crime (see June 2, 1997). Davidian leader Clive Doyle says his group does not appreciate McVeigh’s actions. “I don’t see that blowing up a building that kills a whole bunch of kids really makes a strike against the government or law enforcement, if that’s what you’re against,” he says. “It didn’t hurt them all that much and it didn’t help us.” Doyle escaped the April 1993 fire that destroyed the Mt. Carmel compound, but lost his 18-year-old daughter in the flames. Doyle and others say that in recent weeks more and more radical-right extremists have come to view the site of the conflagration; he has begun building a security fence to keep out unwanted visitors. Robert Darden, an English professor who wrote a book on the Branch Davidians and the Waco siege, says the sect is generally peaceful, and had been so until its leader David Koresh led its members down a path of armed militancy. Doyle says he does not believe Koresh would have approved of either the McVeigh bombing or any armed assault against government authorities. He recalls Koresh welcoming a man who offered to rally thousands of militiamen in an attack on federal agents, but also says Koresh discouraged such an action. Ron Goins, who is not a Davidian but who often visits the new church and its members, says, “I felt the same rage [as McVeigh], but I didn’t feel the responsibility upon myself to take lives, especially since there were innocent people who died in Oklahoma City.” Moreover, Goins says, McVeigh’s bombing shifted public attention away from scrutiny of the government and toward “mad bombers, lone gunmen, and things like that.” Doyle says he is unhappy that people now connect the Davidian tragedy with the Oklahoma City bombing. [Waco Tribune-Herald, 6/10/2001]

Entity Tags: Ron Goins, Branch Davidians, Robert Darden, Clive J. Doyle, David Koresh, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism, 1993 Branch Davidian Crisis

Documentation used by Mustafa Ahmed al-Hawsawi in the United Arab Emirates.Documentation used by Mustafa Ahmed al-Hawsawi in the United Arab Emirates. [Source: US District Court for the Eastern District of Virginia, Alexandria Division]Mustafa Ahmed al-Hawsawi assists four hijackers transiting Dubai, United Arab Emirates, on their way to the US: Fayez Ahmed Banihammad, Salem Alhazmi, Abdulaziz Alomari, and Saeed Alghamdi. Banihammad stays at al-Hawsawi’s flat in nearby Sharjah for two or three weeks and they open bank accounts together (see June 25, 2001 and Early August-August 22, 2001), and al-Hawsawi recognizes Alghamdi and Alhazmi from Afghanistan. He coordinates their arrival dates in telephone conversations with Mohamed Atta (see Late June-August, 2001) and then purchases tickets for them, paying for Alomari and Alhazmi. Al-Hawsawi provides this information to the US under interrogation, which is considered by some to make it unreliable (see June 16, 2004), and then again before a military tribunal in Guantanamo Bay to determine his combat status (see March 9-April 28, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file; US department of Defense, 3/21/2007 pdf file] It is unclear who assisted the nine muscle hijackers who transited Dubai before this: Waleed Alshehri, Satam Al Suqami, Ahmed Alghamdi, Maqed Moqed, Hamza Alghamdi, Mohand Alshehri, Ahmed Alnami, Ahmed Alhaznawi, and Wail Alshehri (see April 11-June 28, 2001 and April 23-June 29, 2001).

Entity Tags: Salem Alhazmi, Saeed Alghamdi, Mustafa Ahmed al-Hawsawi, Mohamed Atta, Abdulaziz Alomari, Fayez Ahmed Banihammad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

John Miller.John Miller. [Source: FBI]ABC News reporter John Miller gives a speech in which he discusses the growing indications that al-Qaeda leader Osama bin Laden has plans to carry out an attack in the United States. Miller gives his speech at the annual conference of the International Association of Bomb Technicians and Investigators. [Miller, Stone, and Mitchell, 2002, pp. 286-287] The conference, held in Albuquerque, New Mexico, from June 24 to June 30, is attended by around 700 law enforcement officers from around the world. [Sandia LabNews, 6/15/2001] Miller will later explain some of the thinking behind his claim that bin Laden could be planning an attack in the US. “At that time,” he will write, “US authorities were divided over where bin Laden would strike next. Most officials believed that he was aiming at ‘soft’ US targets overseas, based on his past actions and electronic phone intercepts of al-Qaeda members around the world.” Other officials, though, taking into account al-Qaeda operative Ahmed Ressam’s failed plot to blow up Los Angeles International Airport on December 31, 1999 (see December 14, 1999), believe his next attack will take place on US soil. Miller will write that a “spike in phone traffic among suspected al-Qaeda members in the early part of the summer, as well as debriefings of Ressam,” have convinced investigators that bin Laden is planning “a significant operation” and he is “planning it soon.” Furthermore, he will comment, “[N]o one working on the problem seemed to doubt bin Laden’s intentions to target Americans.” [Miller, Stone, and Mitchell, 2002, pp. 287] Miller has been a correspondent for ABC News, with a primary focus on terrorism, since 1995. Notably, he interviewed bin Laden in Afghanistan in May 1998 (see May 28, 1998). Before joining ABC News, he spent many years as a television crime reporter in New York, and between 1994 and 1995 served as deputy police commissioner of New York City. [ABC News, 5/28/1998; Cincinnati Enquirer, 1/16/2002; Federal Bureau of Investigation, 8/23/2005; Hollywood Reporter, 10/17/2011]

Entity Tags: John Miller, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In July 2001, NSA director Michael Hayden tells a reporter that the NSA does not monitor any US citizens without court warrants from the Foreign Intelligence Surveillance Court (FISC). “We don’t do anything willy-nilly,” Hayden says. “We’re a foreign intelligence agency. We try to collect information that is of value to American decision-makers, to protect American values, America—and American lives. To suggest that we’re out there, on our own, renegade, pulling in random communications, is—is simply wrong. So everything we do is for a targeted foreign intelligence purpose. With regard to the—the question of industrial espionage, no. Period. Dot. We don’t do that.” When asked how Americans could verify that, Hayden says that they should simply trust the NSA to police and monitor itself, along with oversight from the White House and from Congress. However, it will later come to light that the NSA began illegally monitoring US citizens from the start of the Bush administration (see Spring 2001). A former NSA official will later dispute Hayden’s account. “What do you expect him to say?” the official says. “He’s got to deny it. I agree. We weren’t targeting specific people, which is what the President’s executive order does. However, we did keep tabs on some Americans we caught if there was an interest [by the White House.] That’s not legal. And I am very upset that I played a part in it.” [Truthout (.org), 1/17/2006] Hayden also denies persistent allegations from European government officials that the agency has engaged in economic espionage to help American companies against European competitors (see April 4, 2001). In March 2001, the American Civil Liberties Union’s Barry Steinhardt says that “since there is no real check on [the NSA], there is no way to know” if they are following the law. Steinhardt says that Congress is the only real check on possible NSA abuses, but it has consistently failed to exercise any sort of aggressive oversight on the agency. [CNN, 3/31/2001]

Entity Tags: National Security Agency, Barry Steinhardt, Michael Hayden, American Civil Liberties Union

Timeline Tags: Civil Liberties

FBI agent Ken Williams.FBI agent Ken Williams. [Source: FBI]Phoenix, Arizona, FBI agent Ken Williams sends a memorandum warning about suspicious activities involving a group of Middle Eastern men taking flight training lessons in Arizona. The memo is titled: “Zakaria Mustapha Soubra; IT-OTHER (Islamic Army of the Caucasus),” because it focuses on Zakaria Soubra, a Lebanese flight student in Prescott, Arizona, and his connection with a terror group in Chechnya that has ties to al-Qaeda. It is subtitled: “Osama bin Laden and Al-Muhjiroun supporters attending civil aviation universities/colleges in Arizona.” [Fortune, 5/22/2002; Arizona Republic, 7/24/2003] Williams’ memo is based on an investigation of Sorba that Williams had begun in 2000 (see April 2000), but he had trouble pursuing because of the low priority the Arizona FBI office gave terror investigations (see April 2000-June 2001). Additionally, Williams had been alerted to suspicions about radical militants and aircraft at least three other times (see October 1996; 1998; November 1999-August 2001). In the memo, Williams does the following:
bullet Names nine other suspect students from Pakistan, India, Kenya, Algeria, the United Arab Emirates, and Saudi Arabia. [Die Zeit (Hamburg), 10/1/2002] Hijacker Hani Hanjour, attending flight school in Arizona in early 2001 and probably continuing into the summer of 2001 (see Summer 2001), is not one of the students, but, as explained below, it seems two of the students know him. [US Congress, 7/24/2003, pp. 135 pdf file; Washington Post, 7/25/2003]
bullet Notes that he interviewed some of these students, and heard some of them make hostile comments about the US. Additionally, he noticed that they were suspiciously well informed about security measures at US airports. [Die Zeit (Hamburg), 10/1/2002]
bullet Notes an increasing, “inordinate number of individuals of investigative interest” taking flight lessons in Arizona. [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file]
bullet Suspects that some of the ten people he has investigated are connected to al-Qaeda. [US Congress, 7/24/2003, pp. 135 pdf file] One person on the list, Ghassan al Sharbi, will be arrested in Pakistan in March 2002 with al-Qaeda leader Abu Zubaida (see March 28, 2002). Al Sharbi attended a flight school in Prescott, Arizona. He also apparently attended the training camps in Afghanistan and swore loyalty to bin Laden in the summer of 2001. He apparently knows Hani Hanjour in Arizona (see October 1996-Late April 1999). He also is the roommate of Soubra, the main target of the memo. [Los Angeles Times, 1/24/2003; 9/11 Commission, 7/24/2004, pp. 521]
bullet Discovers that one of them was communicating through an intermediary with Abu Zubaida. This apparently is a reference to Hamed al Sulami, who had been telephoning a Saudi imam known to be Zubaida’s spiritual advisor. Al Sulami is an acquaintance of Hanjour in Arizona (see October 1996-Late April 1999). [Mercury News (San Jose), 5/23/2002; 9/11 Commission, 7/24/2004, pp. 520-521, 529]
bullet Discusses connections between several of the students and a radical group called Al-Muhajiroun. [Mercury News (San Jose), 5/23/2002] This group supported bin Laden, and issued a fatwa, or call to arms, that included airports on a list of acceptable terror targets. [Associated Press, 5/22/2002] Soubra, the main focus of the memo, is a member of Al-Muhajiroun and an outspoken radical. He met with Sheikh Omar Bakri Mohammed, the leader of Al-Muhajiroun in Britain, and started an Arizona chapter of the organization. After 9/11, some US officials will suspect that Soubra has ties to al-Qaeda and other terrorist groups. He will be held two years, then deported to Lebanon in 2004. [Los Angeles Times, 10/28/2001; Los Angeles Times, 1/24/2003; Arizona Republic, 5/2/2004; Arizona Monthly, 11/2004] Though Williams doesn’t include it in his memo, in the summer of 1998, Bakri publicized a fax sent by bin Laden to him that listed al-Qaeda’s four objectives in fighting the US. The first objective was “bring down their airliners.” (see Summer 1998). [Los Angeles Times, 10/28/2001]
bullet Warns of a possible “effort by Osama bin Laden to send students to the US to attend civil aviation universities and colleges” [Fortune, 5/22/2002] , so they can later hijack aircraft. [Die Zeit (Hamburg), 10/1/2002]
bullet Recommends that the “FBI should accumulate a listing of civil aviation universities and colleges around the country. FBI field offices with these types of schools in their area should establish appropriate liaison. FBI [headquarters] should discuss this matter with other elements of the US intelligence community and task the community for any information that supports Phoenix’s suspicions.” [Arizona Republic, 7/24/2003] (The FBI has already done this, but because of poor FBI communications, Williams is not aware of the report.)
bullet Recommends that the FBI ask the State Department to provide visa data on flight school students from Middle Eastern countries, which will facilitate FBI tracking efforts. [New York Times, 5/4/2002]
The memo is addressed to the following FBI Agents:
bullet Dave Frasca, chief of the Radical Fundamentalist Unit (RFU) at FBI headquarters;
bullet Elizabeth Harvey Matson, Mark Connor and Fred Stremmel, Intelligence Operations Specialists in the RFU;
bullet Rod Middleton, acting chief of the Usama bin Laden Unit (UBLU);
bullet Jennifer Maitner, an Intelligence Operations Specialist in the UBLU;
bullet Jack Cloonan, an agent on the New York FBI’s bin Laden unit, the I-49 squad; (see January 1996 and Spring 2000).
bullet Michael S. Butsch, an agent on another New York FBI squad dealing with other Sunni terrorists. [Federal Bureau of Investigation, 7/10/2001 pdf file; US Congress, 7/24/2003, pp. 135 pdf file]
However, the memo is not uploaded into the FBI’s information system until the end of the month and is apparently not received by all these people (see July 27, 2001 and after). Williams also shares some concerns with the CIA (see (July 27, 2001)). [Mercury News (San Jose), 5/23/2002] One anonymous government official who has seen the memo says, “This was as actionable a memo as could have been written by anyone.” [Insight, 5/27/2002] However, the memo is merely marked “routine,” rather than “urgent.” It is generally ignored, not shared with other FBI offices, and the recommendations are not taken. One colleague in New York replies at the time that the memo is “speculative and not very significant.” [Die Zeit (Hamburg), 10/1/2002; US Congress, 7/24/2003, pp. 135 pdf file] Williams is unaware of many FBI investigations and leads that could have given weight to his memo. Authorities later claim that Williams was only pursuing a hunch, but one familiar with classified information says, “This was not a vague hunch. He was doing a case on these guys.” [Mercury News (San Jose), 5/23/2002]

Entity Tags: Jennifer Maitner, Federal Bureau of Investigation, Fred Stremmel, Ghassan al Sharbi, Hani Hanjour, I-49, Jack Cloonan, Elizabeth Matson, Islamic Army of the Caucasus, David Frasca, Michael Butsch, Al-Muhajiroun, Zakaria Mustapha Soubra, Sheikh Omar Bakri Mohammed, Al-Qaeda, Rod Middleton, Osama bin Laden, Radical Fundamentalist Unit, Mark Connor, Ken Williams, Abu Zubaida

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Schippers.
David Schippers. [Source: Publicity photo]David Schippers, the House Judiciary Committee’s chief investigator in the Clinton impeachment trial and the lawyer for FBI agent Robert Wright since September 1999, will later claim that he was warned about an upcoming al-Qaeda attack on lower Manhattan in May 2001 (see May 2001). After May, Schippers continues to get increasingly precise information about this attack from FBI agents in Chicago and Minnesota, and around July he renews efforts to pass the warning to politicians. He will claim, “I tried to see if I could get a Congressman to go to bat for me and at least bring these people [to Washington] and listen to them. I sent them information and nobody cared. It was always, ‘We’ll get back to you,’ ‘We’ll get back to you,’ ‘We’ll get back to you.’” At the same time he is attempting to pass on this warning, he will claim he is also attempting to pass on the work of reporter Jayna Davis and her theory that Middle Easterners were involved in the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and also Wright’s claim that Hamas operatives were operating freely inside the US (see February-March 2001). The three claims put together seem to lead to a bad response; Schippers later comments, “People thought I was crazy.” Around July 15, he attempts to contact Attorney General John Ashcroft. Conservative activist “Phyllis Schlafly finally apparently made some calls. She called me one day and said, ‘I’ve talked to John Ashcroft, and he’ll call you tomorrow.’” The next day, one of Ashcroft’s underlings in the Justice Department calls him back and says, “We don’t start our investigations with the Attorney General. Let me look into this, and I’ll have somebody get back to you right away.” Schippers will say he never did hear back from anyone in the Justice Department. Perhaps coincidentally, on July 26 it will be reported that Ashcroft has stopped flying commercial aircraft due to an unnamed threat (see July 26, 2001). In late August, his FBI agent sources again confirm that an al-Qaeda attack on lower Manhattan is imminent. [WorldNetDaily, 10/21/2001; Indianapolis Star, 5/18/2002; Ahmed, 2004, pp. 258-260] In 2003, Wright will say, “In 2000 and in 2001, [Schippers] contacted several US congressmen well before the September 11th attacks. Unfortunately, these congressmen failed to follow through with Mr. Schippers’ request that they investigate my concerns.” It is not clear if Wright was one of the Chicago FBI agents that Schippers claims gave warnings about a Manhattan attack, or if Wright is only referring to Wright’s investigation into funding for Hamas and other groups that Schippers was also warning politicians about (see February-March 2001). [Federal News Service, 6/2/2003]

Entity Tags: William Jefferson (“Bill”) Clinton, US Department of Justice, Al-Qaeda, Robert G. Wright, Jr., Phyllis Schlafly, John Ashcroft, Hamas, Federal Bureau of Investigation, David Schippers, Jayna Davis

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A hotel owner in Oklahoma City will later say that he sees Zacarias Moussaoui, Mohamed Atta, and Marwan Alshehhi together on or around this day. He will claim they come to his hotel late at night and ask for a room, but end up staying elsewhere. At the time, Moussaoui is living 28 miles away in Norman, Oklahoma (see February 23-June 2001). However, even though the US government will later struggle to find evidence directly connecting Moussaoui to any of the 9/11 hijackers, this account will not be cited by any US government officials or prosecutors. An article will later suggest this may be because of numerous reports and eyewitnesses claiming Timothy McVeigh and Terry Nichols stayed at the same hotel with a group of Middle Easterners in the weeks before the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). By highlighting this encounter, it might draw renewed attention to controversial Oklahoma City bombing theories. Atta and Alshehhi briefly visited an Oklahoma flight school in July 2000 (see July 2-3, 2000), before Moussaoui arrived in the US. On April 1, 2001, 9/11 hijacker Nawaf Alhazmi received a speeding ticket in Oklahoma (see April 1, 2001), but there have been no sightings of him with Moussaoui. [LA Weekly, 8/2/2002]
Link to Oklahoma City Bombing? - Former CIA analyst Larry Johnson will say of this meeting: “One of the things that’s evident right now in connection with this investigation, the motel in Oklahoma City where the April bombing against the Murrah building was planned and executed from, that same hotel figures in two of the 9/11 hijackers and Zacarias Moussaoui, who’s currently in jail. Those three guys tried to check into that motel. And there is another fellow in Oklahoma City that links them to the April bombing against the Murrah building.… I have spoken to the owner of the motel. After the 9/11 attack, he called the FBI. The FBI came out and interviewed him, as he identified Mohamed Atta, Marwan Alshehhi, and Zacarias Moussaoui. They came in. They said, ‘We’re looking for a room.’ He said: ‘I don’t have any room. What do you need it for?’ They said, ‘We’re going for flight training.’” [O'Reilly Factor, 5/7/2002]
Intriguingly Similar Sightings Nearby - Years later, a 2002 FBI document will be made public that reveals several employees at a flight school in Bethany, Oklahoma, saw Atta, Alshehhi, and hijacker Waleed Alshehri flying small aircraft several times from early 2001 until August 2001. Additionally, Moussaoui was said to use the same airport, although there will be no mentioned sightings of him with the others. Bethany is about five miles from Highway 40, which is where the hotel mentioned above is near. Additionally, the hotel is about 28 miles from Norman, Oklahoma (where Moussaoui is living) and Bethany is about 33 miles from Norman (see Early 2001-August 2001). [Federal Bureau of Investigation, 4/19/2002]

Entity Tags: Marwan Alshehhi, Larry C. Johnson, Mohamed Atta, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings.President Bush at his Crawford, Texas, ranch on August 6, 2001. Advisors wait with classified briefings. [Source: White House]President Bush receives a classified presidential daily briefing (PDB) at his Crawford, Texas ranch indicating that Osama bin Laden might be planning to hijack commercial airliners. The PDB provided to him is entitled, “Bin Laden Determined to Strike in US.” The entire briefing focuses on the possibility of terrorist attacks inside the US. [New York Times, 5/15/2002; Newsweek, 5/27/2002] The analysts who drafted the briefing will say that they drafted it on the CIA’s initiative (see July 13, 2004), whereas in 2004 Bush will state that he requested a briefing on the topic due to threats relating to a conference in Genoa, Italy, in July 2001, where Western intelligence agencies believed Osama bin Laden was involved in a plot to crash an airplane into a building to kill Bush and other leaders (see April 13, 2004). The analysts will later explain that they saw it as an opportunity to convey that the threat of an al-Qaeda attack in the US was both current and serious. [9/11 Commission, 7/24/2004, pp. 260] The existence of this briefing is kept secret, until it is leaked in May 2002, causing a storm of controversy (see May 15, 2002). While National Security Adviser Condoleezza Rice will claim the memo is only one and a half pages long, other accounts state it is 11 1/2 pages instead of the usual two or three. [New York Times, 5/15/2002; Newsweek, 5/27/2002; Die Zeit (Hamburg), 10/1/2002] A page and a half of the contents will be released on April 10, 2004; this reportedly is the full content of the briefing. [Washington Post, 4/10/2004] The briefing, as released, states as follows (note that the spelling of certain words are corrected and links have been added):
bullet Clandestine, foreign government, and media reports indicate bin Laden since 1997 has wanted to conduct terrorist attacks in the US (see December 1, 1998). Bin Laden implied in US television interviews in 1997 and 1998 that his followers would follow the example of World Trade Center bomber Ramzi Yousef and “bring the fighting to America” (see May 26, 1998).
bullet After US missile strikes on his base in Afghanistan in 1998, bin Laden told followers he wanted to retaliate in Washington, according to a -REDACTED-service (see December 21, 1998).
bullet An Egyptian Islamic Jihad (EIJ) operative told -REDACTED- service at the same time that bin Laden was planning to exploit the operative’s access to the US to mount a terrorist strike.
bullet The millennium plotting in Canada in 1999 may have been part of bin Laden’s first serious attempt to implement a terrorist strike in the US. Convicted plotter Ahmed Ressam has told the FBI that he conceived the idea to attack Los Angeles International Airport himself (see December 14, 1999), but that bin Laden lieutenant Abu Zubaida encouraged him and helped facilitate the operation. Ressam also said that in 1998 Abu Zubaida was planning his own US attack (see Late March-Early April 2001 and May 30, 2001).
bullet Ressam says bin Laden was aware of the Los Angeles operation.
bullet Although bin Laden has not succeeded, his attacks against the US Embassies in Kenya and Tanzania in 1998 (see 10:35-10:39 a.m., August 7, 1998) demonstrate that he prepares operations years in advance and is not deterred by setbacks. Bin Laden associates surveyed our embassies in Nairobi and Dar es Salaam as early as 1993 (see Late 1993-Late 1994), and some members of the Nairobi cell planning the bombings were arrested and deported in 1997.
bullet Al-Qaeda members—including some who are US citizens—have resided in or traveled to the US for years, and the group apparently maintains a support structure that could aid attacks (see January 25, 2001). Two al-Qaeda members found guilty in the conspiracy to bomb our embassies in East Africa were US citizens (see September 15, 1998), and a senior EIJ member lived in California in the mid-1990s (see November 1989 and September 10, 1998).
bullet A clandestine source said in 1998 that a bin Laden cell in New York was recruiting Muslim-American youth for attacks (see October-November 1998).
bullet “We have not been able to corroborate some of the more sensational threat reporting, such as that from a [REDACTED] service in 1998 saying that bin Laden wanted to hijack a US aircraft to gain the release of ‘Blind Sheikh’ Omar Abdul-Rahman and other US-held extremists” (see 1998, December 4, 1998, and May 23, 2001). [9/11 Commission, 7/24/2004, pp. 223] According to the Washington Post, this information came from a British service. [Washington Post, 5/18/2002]
bullet Nevertheless, FBI information since that time indicates patterns of suspicious activity in this country consistent with preparations for hijackings or other types of attacks, including recent surveillance of federal buildings in New York (see May 30, 2001).
bullet The FBI is conducting approximately 70 full-field investigations throughout the US that it considers bin Laden-related (see August 6, 2001). CIA and the FBI are investigating a call to our embassy in the UAE in May saying that a group or bin Laden supporters was in the US planning attacks with explosives (see May 16-17, 2001). [9/11 Commission, 7/24/2004, pp. 223]
In retrospect, the briefing is remarkable for the many warnings that apparently are not included (see for instance, from the summer of 2001 prior to August alone: May 2001, June 2001, June 12, 2001, June 19, 2001, Late Summer 2001, July 2001, July 16, 2001, Late July 2001, Late July 2001, Summer 2001, June 30-July 1, 2001, July 10, 2001, and Early August 2001). According to one account, after the PDB has been given to him, Bush tells the CIA briefer, “You’ve covered your ass now” (see August 6, 2001). Incredibly, the New York Times later reports that after being given the briefing, Bush “[breaks] off from work early and [spends] most of the day fishing.” [New York Times, 5/25/2002] In 2002 and again in 2004, National Security Adviser Rice will incorrectly claim under oath that the briefing only contained historical information from 1998 and before (see May 16, 2002 and April 8, 2004).

Entity Tags: George W. Bush, Islamic Jihad, Omar Abdul-Rahman, Federal Bureau of Investigation, Los Angeles International Airport, Condoleezza Rice, Abu Zubaida, Al-Qaeda, World Trade Center, Central Intelligence Agency, 9/11 Commission, Ahmed Ressam, Ramzi Yousef, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Margaret Gillespie, an FBI agent detailed to the CIA who has just found out that future 9/11 hijacker Khalid Almihdhar is in the US (see August 21-22, 2001), suggests asking failed Millennium bomber Ahmed Ressam whether he recognizes Almihdhar, but the proposal is not acted on. Ressam was arrested on his way to bomb Los Angeles airport (see December 14, 1999), but has been co-operating with the US government against al-Qaeda (see May 30, 2001). Gillespie makes the suggestion in an e-mail to Tom Wilshire, a CIA representative to the FBI. It is unclear what Wilshire does with the suggestion, but Ressam is not interviewed. When shown photos of Almihdhar after 9/11, Ressam will not recognize him. The FBI also fails to ask Ressam about Zacarias Moussaoui before 9/11, but shortly after 9/11 Ressam will identity Moussaoui as a person that attended al-Qaeda’s camps in Afghanistan (see Late August-Early September 2001). [9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Zacarias Moussaoui, Tom Wilshire, Khalid Almihdhar, Ahmed Ressam, Margaret Gillespie, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case.Jean-Louis Bruguiere, who assisted the FBI with the Moussaoui case. [Source: Michel Lipchitz / Associated Press]After arresting Zacarias Moussaoui, the FBI’s Minneapolis field office asks French authorities if they have any information on him. The French then provide the US with intelligence indicating that Moussaoui is associated with a radical militant who died fighting for the Chechen rebels in 2000 (see Late 1999-Late 2000). The French interviewed one of this militant’s associates who said he had been recruited by Moussaoui to fight in Chechnya and described Moussaoui as “the dangerous one.” [US Department of Justice, 11/2004, pp. 140-1 pdf file] French authorities attempt to gather additional information by talking to Moussaoui’s mother. Judge Jean-Louis Bruguiere, France’s lead investigating magistrate in charge of counterterrorism affairs, also provides information. “Let’s just say that Zacarias Moussaoui was well-known by the French security service…,” Bruguiere later recalls in a 2004 interview with CBC. “When the names come from abroad, we usually have a file, and it was the same with him. He was a well-known personality. He lived in France and then left here to go to England.” Bruguiere will also say that the French provided US authorities with information on Moussaoui’s activities in both France and England (see 1999 and August 21, 2001-September 13, 2001). [Canadian Broadcasting Corporation, 3/16/2004] Upon reviewing this information, Mike Maltbie of the Radical Fundamentalist Unit at FBI headquarters will inform Minneapolis that it is not enough for a search warrant under the Foreign Intelligence Surveillance Act, because, even though the French sent information about Moussaoui, Maltbie objects that the Moussaoui the French are talking about may not be the same one Minneapolis has in custody. The result of this is that FBI staff are sent on what Minneapolis agent Harry Samit will later call a “wild goose chase”—they are asked to spend days poring through French phone books to make sure they have the right Moussaoui. [Federal Bureau of Investigation, 8/27/2001 pdf file; Federal Bureau of Investigation, 8/28/2001 pdf file; Newsday, 3/21/2006; Los Angeles Times, 3/21/2006] For a search warrant to be granted there must be probable cause to believe Moussaoui is an agent of a foreign power. Maltbie claims that the Chechen rebels, who have never been treated as a foreign power before for a FISA warrant, cannot be treated as such, because they are not a “recognized” foreign power, only dissidents engaged in a civil war, and are not hostile to the US. In fact, the FBI has already received information indicating a close relationships between Chechen rebels and bin Laden (see, e.g., 1986-March 19, 2002 , August 24, 2001, and (October 1993-November 2001)) and that the two groups are working together on a strike against US interests (see Before April 13, 2001). Maltbie says that even if the Chechen rebels are a foreign power, then it will take some time to develop this information to the point where a FISA application can be submitted. Previous to this, Maltbie had only once advised a field office it was not going to get a FISA warrant. [US Department of Justice, 11/2004, pp. 141-4 pdf file] The French provide more information on Moussaoui a few days later (see August 30, 2001).

Entity Tags: Zacarias Moussaoui, Michael Maltbie, Harry Samit, France, Jean-Louis Bruguiere, FBI Headquarters, FBI Minnesota field office

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI fails to ask Ahmed Ressam, an al-Qaeda operative arrested during the Millennium alert (see December 14, 1999), whether he can identify Zacarias Moussaoui. Agents in Seattle holding Ressam receive a general notification about the Moussaoui case, but it lacks urgency and they do not follow up on it with Ressam (see September 4, 2001). When asked shortly after 9/11, Ressam will say he recognizes Moussaoui from al-Qaeda’s training camps in Afghanistan. The 9/11 Commission will conclude that had Ressam been shown photos of Moussaoui and identified him before 9/11, the FBI would have been able to search his belongings. The belongings contain enough information to potentially prevent 9/11 (see August 16, 2001). The FBI also fails to ask Ressam whether he recognizes Khalid Almihdhar at this time, although Ressam has never met Almihdhar and will not identify him after 9/11 (see August 21, 2001). [Sunday Times (London), 2/3/2002; 9/11 Commission, 7/24/2004, pp. 275-6, 541]

Entity Tags: Ahmed Ressam, FBI Headquarters, Federal Bureau of Investigation, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In April 2001, the CIA analyzed some “intriguing information associated with a person known as ‘Mukhtar.’” The CIA didn’t know who this was at the time, only that he was associated with top al-Qaeda deputy Abu Zubaida and that he seemed to be involved in planning al-Qaeda activities. On August 28, 2001, the CIA receives a cable reporting that Khalid Shaikh Mohammed (KSM) has the nickname of Mukhtar (which means “brain” in Arabic). However, apparently no one at the CIA’s bin Laden unit makes the connection between this new information and the April 2001 information. The 9/11 Commission writes, “Only after 9/11 would it be discovered that Muhktar/KSM had communicated with a phone that was used by [Ramzi] bin al-Shibh, and that bin al-Shibh had used the same phone to communicate with [Zacarias] Moussaoui [who is in US custody by this time.]” [US Congress, 7/24/2003, pp. 322; 9/11 Commission, 7/24/2004, pp. 277]

Entity Tags: Al-Qaeda, Ramzi Yousef, Alec Station, Khalid Shaikh Mohammed, Central Intelligence Agency, Zacarias Moussaoui

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair.Part of the opening page of Gore Vidal’s article about Timothy McVeigh in Vanity Fair. [Source: Vanity Fair]Vanity Fair publishes a profile of convicted Oklahoma City bomber Timothy McVeigh (see 7:14 a.m. June 11, 2001) by author and pundit Gore Vidal, who attended McVeigh’s execution (see May 6, 2001) and who exchanged letters with McVeigh for three years while he awaited execution. McVeigh invited Vidal to attend his execution as a result of their letter exchange.
Simplistic Portrayal of McVeigh as Lone 'Mad Bomber' - Vidal is convinced that the government orchestrated McVeigh’s conviction (see June 2, 1997) and the media’s portrayal of McVeigh as a lone mad bomber who “wanted to destroy innocent lives for no reason other than a spontaneous joy in evildoing.” Vidal also asserts that, in the government’s story, McVeigh “had no serious accomplices” (see December 23, 1997 and June 4, 1998). Orchestrating the media response was not particularly difficult, he writes, as few in the mainstream press were particularly interested in why McVeigh carried out the bombing aside from the simple explanation that he was “evil incarnate.” Any explanation of more complexity, Vidal writes, was dismissed as wild conspiracy theories. It was predictable, Vidal writes, that evidence pertinent to McVeigh’s case was not provided until well after his conviction and sentencing (see May 10-11, 2001), and that it would be largely ignored (see June 1-7, 2001). Vidal recounts numerous instances where, when he began to attempt an explanation of McVeigh’s obsession with the 1993 Branch Davidian conflagration (see April 19, 1993) and his belief that he was at war with the US government on a variety of news broadcasts, he was cut short by the hosts.
'Counter-Attack' against US Government - According to Vidal, McVeigh was clear in his letters that the bombing was more than just, McVeigh wrote, “a simple act of ‘revenge’ for Waco,” but “a strike against the US government,” or more precisely, “a ‘counter-attack’ rather than a self-declared war.” In one letter, he quoted pundit H.L. Mencken as writing, “Every normal man must be temped at times to spit on his hands, hoist the black flag, and begin slitting throats.” Vidal recalls that he warned McVeigh that “Mencken often resorted to Swiftian hyperbole and was not to be taken too literally.” He then speculates on the “interesting possibility,” perhaps “the grandest conspiracy of all… that he neither made nor set off the bomb outside the Murrah Building: it was only later, when facing either death or life imprisonment, that he saw to it that would be given sole credit for hoisting the black flag and slitting throats, to the rising fury of various ‘militias’ across the land who are currently outraged that he is getting sole credit for a revolutionary act organized, some say, by many others. At the end, if this scenario is correct, he and the detested Feds were of a single mind.” Regardless of who carried out the bombing, Vidal writes, it is clear that “McVeigh himself was eager to commit what he called ‘federally assisted suicide.’” Vidal quotes an interview with Dr. John Smith, a psychiatrist who interviewed McVeigh in prison and was then released from his oath of confidentiality by McVeigh to discuss his findings with reporters, who concluded that McVeigh was quite sane, and carried out the bombing both in revenge for the Waco assault and because “he also wanted to make a political statement about the role of the federal government and protest the use of force against the citizens.” Smith found that McVeigh was disappointed that the media had refused to discuss what he considered “the misuse of power by the federal government” that impelled him to carry out the bombing.
Limited Contact with Militias - According to Smith, McVeigh told him, “I did not expect a revolution.” He had had numerous discussions with some of the militia groups around Kingman, Arizona, Smith said, about how easy it would be to “cut Interstate 40 in two” and thereby disrupt the transportation between the eastern and western portions of the country, but those discussions, McVeigh told Smith, were “rather grandiose” and never acted upon. Vidal acknowledges that for three years before the bombing, McVeigh lived in the semi-underground world of the American militia movement. During that time, he came to believe, as many militia members did at the time, that the federal government planned on following up its assault weapons ban (see September 13, 1994) with a massive, nationwide raid on gun owners and militia members in the spring of 1995. Vidal writes, “This was all the trigger that McVeigh needed for what he would do—shuffled the deck, as it were.” Vidal claims that McVeigh, unlike many militia members, had “no hang-ups about blacks, Jews, and all the other enemies of the various ‘Aryan’ white nations to be found in the Patriots’ ranks.” He was fascinated with the violently racist novel The Turner Diaries (see 1978) and 1987-1988), he acknowledges, but only for its themes of individual Americans using guns and explosives to overthrow “the System.” Smith bolstered Vidal’s contention by reporting that McVeigh had insisted to him that he was not a racist nor a homophobe—“he made that very clear.”
Rationale for Bombing, and for Killing Civilians, Children - Vidal quotes a 1998 essay McVeigh wrote for the right-wing publication Media Bypass, “Essay on Hypocrisy,” that addressed his choice to blow up the Murrah Building, which contained a daycare center. The US, he wrote, set the precedent for bombing and killing civilians. When US military forces attack Iraqi government buildings with daycare centers or schools in them, McVeigh wrote, the media reported the children were being used as “shields” by the Iraqis. Vidal claims that no evidence exists that proves McVeigh knew about the presence of children in the Murrah Building, and repeats McVeigh’s claims that he had no such foreknowledge. However, Vidal notes, the FBI knew about the children in the Branch Davidian compound, “and managed to kill 27 of them.” In a final set of longhand notes McVeigh sent to Vidal in the weeks before his execution, McVeigh wrote: “I explain herein why I bombed the Murrah Federal Building in Oklahoma City. I explain this not for publicity, nor seeking to win an argument of right or wrong, I explain so that the record is clear as to my thinking and motivations in bombing a government installation. I chose to bomb a Federal Building because such an action served more purposes than other options. Foremost, the bombing was a retaliatory strike: a counter-attack, for the cumulative raids (and subsequent violence and damage) that federal agents had participated in over the preceding years (including, but not limited to, Waco). From the formation of such units as the FBI’s ‘Hostage Rescue’ and other assault teams amongst federal agencies during the 80s, culminating in the Waco incident, federal actions grew increasingly militaristic and violent, to the point where at Waco, our government—like the Chinese—was deploying tanks against its own citizens.” The federal government has militarized the police, he wrote, and his bombing was designed as a “pre-emptive (or pro-active) strike against those forces and their command and control centers within the federal building. When an aggressor force continually launches attacks from a particular base of operations, it is sound military strategy to take the flight to the enemy. Additionally, borrowing a page from US foreign policy, I decided to send a message to a government that was becoming increasingly hostile, by bombing a government building and the government employees within that building who represent that government. Bombing the Murrah Federal Building was morally and strategically equivalent to the US hitting a government building in Serbia, Iraq, or other nations. Based on observations of the policies of my own government, I viewed this action as an acceptable option. From this perspective what occurred in Oklahoma City was no different than what Americans rain on the heads of others all the time, and, subsequently, my mindset was and is one of clinical detachment. (The bombing of the Murrah Building was not personal no more than when Air Force, Army, Navy, or Marine personnel bomb or launch cruise missiles against (foreign) government installations and their personnel.)”
'Exaggerated Sense of Justice' - Vidal has previously written that McVeigh suffered from what he called “an exaggerated sense of justice,” outraging many who read his words. He defends that characterization, and writes, “I knew that few Americans seriously believe that anyone is capable of doing anything except out of personal self-interest, while anyone who deliberately risks—and gives—his life to alert his fellow citizens to an onerous government is truly crazy.” McVeigh’s act may not have sparked a rebellion, Vidal writes, but it did presage an explosion of sorts in the number of citizens identifying themselves with the militia movement, many of whom joined local militia groups because they believed the government had orchestrated the bombing and then unjustly blamed McVeigh for it. Others believe that government agents planted bombs inside the Murrah Building set to go off when McVeigh’s truck bomb detonated. Many believe that McVeigh was used by the government to perpetuate “state police power,” similar to instances during the Vietnam War when “bogus Viet Cong units that were sent out to rape and murder Vietnamese to discredit the National Liberation Front,” or when US forces pretended to “find” Communist arms dumps in El Salvador. Vidal repeats the tale that all 17 members of the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) working in their Murrah Building office suspiciously failed to report to work on the day of the bombing, suggesting that they knew of the bombing in advance (see December 30, 1998).
Militia Involvement? - Vidal then engages in a long and detailed attack on the evidence that shows McVeigh and his co-conspirator Terry Nichols built the bomb themselves. He believes that McVeigh and Nichols were involved in a complex and shadowy “plot involving militia types and government infiltrators—who knows?—as prime movers to create panic in order to get” President Clinton to enact the Anti-Terrorism Act, and cites research by journalist and author Joel Dyer, who in his own writings detailed his belief that the government downplayed McVeigh’s militia affiliations to make a case that he was a quintessential and possibly deranged “lone bomber.” Dyer and Vidal both cite the poor defense put on by McVeigh’s trial lawyer, Stephen Jones, who, Dyer contended, “often left the jury more confused and bored than convinced of his client’s innocence. Even when he succeeded in his attempts to demonstrate that a large conspiracy was behind the bombing, he did little to show that McVeigh was not at the center of the conspiracy. Jones’s case led some reporters to speculate that McVeigh himself was limiting his own defense in order to prevent evidence that might implicate others in the bombing from entering the record.” McVeigh did indeed confess to the bombing to his defense lawyers and, later, to Vidal, but, Vidal writes, “I believe that by confessing McVeigh was, once again, playing the soldier, attempting to protect his co-conspirators.” Vidal writes that his own research has unearthed a number of militia members who may have played a part in the April 19 bombing, and a systematic effort by the FBI and the McVeigh prosecution team to quash any evidence of that sort during McVeigh’s trial. He also challenges the government’s assertion that the reports of a third co-conspirator, “John Doe No. 2,” was a US Army private with no connection to McVeigh or the bombing (see January 29, 1997). Instead, he writes, that person was likely a well-known militia member in Shawnee County, Kansas, and possibly a member of the separatist Republic of Texas organization. He cites a book on the bombing by former journalist David Hoffman, who was convicted of trying to tamper with the McVeigh jury (see December 30, 1998), as being “the most thorough of a dozen or two accounts of what did and did not happen on that day in April.” Like Vidal, Hoffman does not believe that McVeigh’s truck bomb could have caused the damage inflicted on the Murrah Building, and cites a number of military and government experts who make the same contentions, even citing one report that claims the “five separate bombs” used in the explosion “have a Middle Eastern ‘signature,’ pointing to either Iraqi or Syrian involvement” (see 10:00 a.m. April 19, 1995 and After). Vidal notes that the search for bodies in the destroyed building was halted after 16 days (see May 4, 1995), against the wishes of those who wanted to continue attempting to search for more evidence in the bomb site. Six days later the building was demolished (see 7:01 a.m. May 23, 1995), leading one critic, retired Air Force Brigadier General Benton K. Partin, to declare that the building was demolished as “a classic cover-up” executed by Communist agents. Vidal writes of Partin’s belief that Communists orchestrated the cover-up, “Well, nobody’s perfect.” (Vidal errs in his “six day” claim; the building was demolished 19 days later.) Vidal writes: “In the end, McVeigh, already condemned to death, decided to take full credit for the bombing. Was he being a good professional soldier, covering up for others? Or did he, perhaps, now see himself in a historic role with his own private Harper’s Ferry, and though his ashes molder in the grave, his spirit is marching on? We may know—one day.” [Vanity Fair, 9/2001]

Entity Tags: Joel Dyer, David Hoffman, Benton K. Partin, Federal Bureau of Investigation, H.L. Mencken, Timothy James McVeigh, Gore Vidal, Stephen Jones, Terry Lynn Nichols, Vanity Fair, John Smith, Murrah Federal Building

Timeline Tags: US Domestic Terrorism

Oklahoma City District Attorney Wes Lane announces that Oklahoma will continue prosecuting convicted Oklahoma City bombing conspirator Terry Nichols (see March 29, 1999) on 160 state charges of murder, in part because the state fears Nichols may win his federal appeals (see June 4, 1998). “I will not roll the dice on this issue. There is simply too much at stake,” Lane says. He says that the state will seek the death penalty against Nichols. Lane took over the case after District Attorney Robert Macy retired in June 2001; some have speculated that Oklahoma might drop the case due to the expenditure, the difficulty of finding an impartial jury, and the emotional toll on the victims of another trial. Nichols’s lead lawyer for the state case, Brian Hermanson, writes in a letter quoted by local newspapers that Nichols was willing to drop his appeals and accept a federal life sentence to avoid a state trial. The letter states: “Taking such a step ensures that he will spend the rest of his life in prison. It would enable Mr. Lane to drop the state prosecution, thereby sparing Oklahoma the trauma and expense of another trial.” Lane responds that “the interests of the people of the State of Oklahoma cannot be vindicated by the blind reliance on the federal government or Terry Lynn Nichols,” and says he will seek sanctions against Hermanson for what he calls a “glaring, blatant violation” of a state court order not to discuss the case. Shelly Thompson, who lost her mother in the blast (see 8:35 a.m. - 9:02 a.m. April 19, 1995), says: “You can’t just get away with a little bit of a crime. We’re going to go for the whole thing. I want to make sure he will stay in prison for his life. This is something I need to do for her. He was not found guilty in my mother’s death and 159 other deaths. They are more than numbers.” [New York Times, 9/6/2001; The Oklahoman, 4/2009; Mayhem (.net), 4/2009]

Entity Tags: Terry Lynn Nichols, Brian Hermanson, Robert (“Bob”) Macy, Wes Lane, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

A training exercise is held at New York’s La Guardia Airport, based around the scenario of a terrorist attack with a biological weapon. Mark Edelman, chief external relations officer of the Greater New York chapter of the American Red Cross, will later say the Greater New York chapter has been preparing for the possibility of a biological terrorist attack since the bombing of the Murrah Federal Building in Oklahoma City in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995). And today—“the very Saturday before September 11”—there is “a bioterror drill at La Guardia Airport,” he will add. Details of what the exercise involves are unstated. Whether any agencies other than the Red Cross participate in the exercise is also unstated. [Philanthropy News Digest, 12/7/2001] La Guardia Airport is located eight miles from midtown Manhattan in the borough of Queens, New York, and is operated by the Port Authority of New York and New Jersey. [Bloomberg, 7/27/2015; Reuters, 7/27/2015] Another exercise is being held there today by the New York City Fire Department Bureau of Emergency Medical Services, which is based around a simulated plane crash (see September 8, 2001). [Academic Emergency Medicine, 3/2002]

Entity Tags: Mark Edelman, American Red Cross, La Guardia Airport

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David O. Cooke.David O. Cooke. [Source: US Department of Defense]Some Pentagon Renovation Program workers are concerned about the possibility of a plane being deliberately crashed into the Pentagon. This is according to Stacie Condrell, the leader of the Pentagon Renovation Program’s planning, relocation, requirements integration, standards, and space management group. Condrell will say, shortly after 9/11, that although the emergency response to an attack on the Pentagon was not part of its area of responsibility, her group had been “involved, as builders, in what we can do to be smarter and better prepared against things like” the 9/11 attack on the Pentagon.
Workers Contemplate a 'Crazy Pilot' Crashing a Plane into the Pentagon - She will say that, before 9/11, “the particular plane incident” her group thought might happen would involve “one of the regularly scheduled US Air commuter flights from North Carolina that flies directly over the center courtyard [of the Pentagon] 10 or 12 times a day.” This plane “would have a crazy pilot who would crash into the building.” The reason her group had this concern, Condrell will say, is that “all of the people specifically involved in analyzing the physical threat to our environment”—such as the secretary of defense, the other military secretaries, and members of the Defense Threat Reduction Agency and the Defense Protective Service—“mention over and over again that [the Pentagon is] the only national military headquarters in the world that allows commercial overflight.” [Historical Office, Office of the Secretary of Defense, 10/30/2001 pdf file]
Administrator Considers the Possibility of a Plane Hitting the Pentagon - David O. “Doc” Cooke, the Pentagon’s director of administration and management, will similarly say that the event of a plane being deliberately crashed into the Pentagon is seen as a possibility before 9/11. He will say that ways in which the Pentagon might be attacked that are considered possible include “a small aircraft, probably containing explosives, which would either drop the explosive or possibly dive into the building.” [Historical Office, Office of the Secretary of Defense, 10/18/2001 pdf file]
An Explosion outside the Pentagon Is Seen as the Biggest Threat - However, Lee Evey, manager of the Pentagon Renovation Program from November 1997, will say that an attack involving an explosion outside the building is considered the biggest danger to the Pentagon. When asked what he had considered the most likely threat to the Pentagon before 9/11, he will say that a “blast”—meaning an external explosion—“as a threat to the building was very much on our minds.” He will add that the Oklahoma City and Khobar Towers bombings in 1995 and 1996, respectively (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and June 25, 1996), “really influenced our thinking.” [Historical Office, Office of the Secretary of Defense, 10/22/2001 pdf file] Due to this concern, around 1997 or 1998, the Army Corps of Engineers performs simulations to measure how much damage the Pentagon would suffer if a truck bomb exploded outside it. [Historical Office, Office of the Secretary of Defense, 12/7/2001 pdf file; Vogel, 2007, pp. 417] The Pentagon Renovation Program, which began in the early 1990s, involves a complete overhaul of the interior of the Pentagon. [American Forces Press Service, 9/30/2005] From 1998, upgrading security at the Pentagon is one of its priorities. [Goldberg et al., 2007, pp. 6]

Entity Tags: David O. Cooke, Pentagon Renovation Program, Lee Evey, Stacie Condrell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bruce Baughman.Bruce Baughman. [Source: Elise Moore / FEMA]Bruce Baughman, director of the planning and readiness division of the Federal Emergency Management Agency (FEMA), takes charge at FEMA headquarters in Washington, DC, because more senior FEMA officials, including the agency’s director, are away from the capital. FEMA Director Joseph Allbaugh and Lacy Suiter, FEMA’s assistant director of readiness, response, and recovery, are in Big Sky, Montana, attending the annual conference of the National Emergency Management Association (see September 8-11, 2001 and After 8:46 a.m. September 11, 2001). Baughman, who led FEMA’s response to the Oklahoma City bombing in April 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995), therefore has to take charge of FEMA’s response to today’s terrorist attacks. In this capacity, he is responsible for activating FEMA’s emergency operations center, dispatching disaster medical personnel to the scenes of the attacks, and establishing emergency communications for New York. After the Twin Towers come down (see 9:59 a.m. September 11, 2001 and 10:28 a.m. September 11, 2001), he calls up the first FEMA urban search and rescue teams, which specialize in rescuing people from collapsed structures. [Block and Cooper, 2006, pp. 73-75] He will subsequently personally brief President Bush on three days while response operations are underway. [9/11 Commission, 11/17/2003 pdf file]
FEMA Will Help Local Agencies Respond to the Attacks - In May, Bush put FEMA in charge of responding to terrorist attacks in the United States (see May 8, 2001). [White House, 5/8/2001; Los Angeles Times, 5/9/2001] The agency therefore plays a key role in the government’s response to today’s attacks. The emergency response team at its headquarters is activated today, along with all 10 of its regional operations centers. It also activates its federal response plan, which, it states, “brings together 28 federal agencies and the American Red Cross to assist local and state governments in response to national emergencies and disasters.” It deploys eight urban search and rescue teams to New York to search for victims in the debris from the collapsed World Trade Center buildings, and four urban search and rescue teams to the Pentagon to assist the response there. These teams consist mainly of local emergency services personnel, and are trained and equipped to handle structural collapses. [Federal Emergency Management Agency, 9/11/2001; Federal Emergency Management Agency, 9/11/2001; US National Response Team, 2014, pp. 2 pdf file] In the days and weeks following the attacks, it will work with state and city officials to carry out the task of removing the debris from the WTC site. [Block and Cooper, 2006, pp. 75]

Entity Tags: Federal Emergency Management Agency, Joseph M. Allbaugh, Bruce Baughman, Lacy E. Suiter

Timeline Tags: Complete 911 Timeline

Mark Loizeaux.Mark Loizeaux. [Source: Dan Gross / Washington Technology]Immediately after seeing the attacks on the the World Trade Center on television, Mark Loizeaux, the president of leading building demolition firm Controlled Demolition Inc (CDI), tries to contact government officials to warn them that the Twin Towers will probably collapse. [US News and World Report, 6/22/2003; New Scientist, 7/24/2004] Loizeaux will later recall his initial reaction to the crashes in New York. After the first tower is hit, he will say, “I told Doug [Loizeaux, his brother] immediately that the tower was coming down, and when the second tower was hit, that it would follow.” According to US News and World Report, “Horrified, the Loizeaux brothers watched first responders streaming into the doomed towers and tried frantically, and unsuccessfully, to phone in warnings.” [US News and World Report, 6/22/2003] Mark Loizeaux will recall, “I still had some cell phone numbers, so when the second plane hit I said, ‘Start calling all the cell phones, tell them that the building is going to come down.’” However: “It was frenetic, nobody could get through even with speed dialling.… Of course, building number 7, where the emergency management headquarters was, was on fire. I’d been in that office two months before.” Loizeaux then phones a couple of people on the National Research Council committee involved in assessing the impact of explosives. They ask him, “What do you think this is, that they’re going to fail, that they’re both going to fail?” Loizeaux will recall: “The expression around was they’re going to pancake down, almost vertically. And they did. It was the only way they could fail. It was inevitable.” [New Scientist, 7/24/2004] Soon after the attacks, Loizeaux, as a recognized expert, will be called upon to comment on the fall of the WTC towers. [Construction (.com), 9/13/2001] In addition, his firm will be involved with the clearing of Ground Zero. (It was also tasked with bringing down the remnants of the Murrah Federal Building in Oklahoma City after its partial destruction in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and 7:01 a.m. May 23, 1995).) [Construction (.com), 10/1/2001]

Entity Tags: Mark Loizeaux, Douglas Loizeaux

Timeline Tags: Complete 911 Timeline

Twenty minutes after the 9/11 attacks in New York (see 8:46 a.m. September 11, 2001 and 9:03 a.m. September 11, 2001) and Washington (see 9:37 a.m. September 11, 2001), a bomb truck is stationed in downtown Oklahoma City, in preparation for any potential bombing related to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Additionally, an Oklahoma County Sheriff’s Department command post is activated where convicted bombing conspirator Terry Nichols (see September 5, 2001) is being held. [The Oklahoman, 4/2009]

Entity Tags: Terry Lynn Nichols

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

Andi Ball.Andi Ball. [Source: White House]Laura Bush, the president’s wife, and her entourage are driven from Capitol Hill to the Secret Service headquarters in Washington, DC, for their own security, but their journey is slowed by the heavy traffic. [Woodward, 2002, pp. 17; National Journal, 8/31/2002; Kessler, 2006, pp. 136; Bush, 2010, pp. 200-201] Bush has been at the Russell Senate Office Building in Washington, where she was originally scheduled to testify before a Senate committee. [CNN, 9/12/2001; Woodward, 2002, pp. 16-17] Her Secret Service agents have said they are going to take the first lady and her staff to a secure location. [Kessler, 2006, pp. 136] After the Secret Service emergency response team arrived for her, Bush was escorted out of the Russell Senate Office Building and to her limousine (see (Shortly After 10:00 a.m.) September 11, 2001). Bush and those accompanying her leave Capitol Hill at 10:10 a.m., according to Noelia Rodriguez, the first lady’s press secretary.
Agents with Guns Drawn Protect Motorcade - Secret Service agents protect Bush’s motorcade with their guns as it heads to the secure location. Ashleigh Adams, the first lady’s deputy press secretary, will later recall, “It felt like we were in a war, because the Secret Service was driving next to the motorcade and they were hanging out of the windows with their machine guns out.” She will add that she has “been around the agents” before, but has “never seen them with their guns.”
Motorcade Delayed by Traffic - However, the motorcade is slowed by the heavy traffic. Bush will describe, “Outside our convoy windows, the city streets were clogged with people evacuating their workplaces and trying to reach their own homes.” Rodriguez will say, “In the car, we seemed to be going in slow motion.” [National Journal, 8/31/2002; Bush, 2010, pp. 200] “The traffic was so bad that everything was stopped,” Andi Ball, Bush’s chief of staff, will recall. One of the Secret Service agents escorting Bush and her staff will later say a car sideswiped them during the journey.
Secure Location Is Secret Service Headquarters - The “secure location” that Bush and her staff are being taken to turns out to be the Secret Service headquarters. [Kessler, 2006, pp. 136] The Secret Service headquarters, according to journalist and author Ronald Kessler, is “an anonymous nine-story tan brick building on H Street at Ninth Street NW in Washington.” [Kessler, 2009, pp. 23] It is located a few blocks from the White House. After the Oklahoma City bombing in 1995 (see 8:35 a.m. - 9:02 a.m. April 19, 1995) it was reinforced to survive a large-scale blast. Bush and her entourage arrive there through an underground entrance. [Washington Post, 8/23/2009; Bush, 2010, pp. 200-201]
Journey Reportedly Takes 45 Minutes - The exact time they arrive at is unclear. According to Washington Post reporter Bob Woodward, “In the traffic jam from the Capitol, it took 45 minutes to get [Bush] to Secret Service headquarters.” This would mean the first lady arrives there at around 10:55 a.m. [Woodward, 2002, pp. 17] However, Bush will write that she watches the North Tower of the World Trade Center collapsing “live in front of my eyes,” on a screen at the headquarters. [Bush, 2010, pp. 201] If this is correct, she must arrive at the headquarters sometime before 10:28 a.m., when the North Tower comes down (see 10:28 a.m. September 11, 2001). [9/11 Commission, 7/24/2004, pp. 311] White House spokespeople will refuse to disclose where the first lady has been taken to, only saying she is at a “secure location.” [Associated Press, 9/11/2001; CNN, 9/12/2001; CNN, 9/11/2002]

Entity Tags: Andrea Ball, Laura Bush, Ashleigh Adams, Noelia Rodriguez, US Secret Service

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the days after the 9/11 attacks, white supremacist William Pierce, the leader of the neo-Nazi National Alliance (see 1970-1974 and 1978), tells a radio audience that the attacks could help fundamentally destabilize the US government: “Things are a bit brittle now. A few dozen more anthrax cases (see September 17-18, 2001 and October 5-November 21, 2001), another truck bomb in a well chosen location (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and substantial changes could take place in a hurry: a stock market panic, martial law measures by the Bush government, and a sharpening of the debate as to how we got ourselves into this mess in the first place.” On his Web site, Pierce says that “terrorism is not the problem,” and explains that the current terror threat is “the price for letting ourselves, our nation, be used by an alien minority to advance their own interests at the expense of ours.” Pierce, an outspoken anti-Semite, is referring to Jews as an “alien minority.” Many white supremacists have expressed their support for Islamist terrorists, including al-Qaeda, because of their common antipathy towards Jews. [David Neiwert, 6/17/2003]

Entity Tags: Bush administration (43), National Alliance, William Luther Pierce

Timeline Tags: Complete 911 Timeline, Domestic Propaganda, US Domestic Terrorism

The US Congress adopts a joint resolution, the Authorization for Use of Military Force (AUMF), that determines that “the president is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” Congress also states that the “grave acts of violence” committed on the US “continue to pose an unusual and extraordinary threat to [its] national security and foreign policy.” [US Congress, 9/14/2001] President Bush signs the resolution into law on September 18. [White House, 9/18/2001] The passage of the AUMF served another purpose: to extend presidential power. While the Defense Department and the Joint Chiefs of Staff intended the AUMF to define the conflict in narrow terms, and authorize the US to move militarily against al-Qaeda and its confederates, and the Taliban, Vice President Dick Cheney and his chief of staff, David Addington, had a larger goal. Attorney Scott Horton, who has written two major studies on interrogation of terrorism suspects for the New York City Bar Association, says in 2005 that Cheney and Addington “really wanted [the AUMF defined more broadly], because it provided the trigger for this radical redefinition of presidential power.” Addington helped draft a Justice Department opinion in late 2001, written by lawyer John Yoo (see Late September 2001), that asserted Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response.” [US News and World Report, 5/21/2006]

Entity Tags: US Department of Defense, Taliban, Scott Horton, Joint Chiefs of Staff, Richard (“Dick”) Cheney, David S. Addington, George W. Bush, John C. Yoo, Al-Qaeda, Authorization to Use Military Force (AUMF)

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

President Bush signs a directive giving the CIA the authority to kill or capture suspected al-Qaeda members and to set up a global network of secret detention facilities—“black sites”—for imprisoning and interrogating them. [Truthout (.org), 8/27/2004]
Secret Prison System - The International Committee of the Red Cross (ICRC) will later call the sites a “hidden global internment network” designed for secret detentions, interrogations, and ultimately, torture. At least 100 prisoners will be remanded to this secret system of “extraordinary rendition.” The network will have its own fleet of aircraft (see October 4, 2001) and relatively standardized transfer procedures. [New York Review of Books, 3/15/2009] The directive, known as a memorandum of notification, will become the foundation for the CIA’s secret prison system. The directive does not spell out specific guidelines for interrogations. [New York Times, 9/10/2006]
Secret Assassination List - Bush also approves a secret “high-value target list” containing about two dozen names, giving the CIA executive and legal authority to either kill or capture those on the list (see Shortly After September 17, 2001). The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list; the list is merely the CIA’s primary focus. The CIA will use these authorities to hunt for al-Qaeda leaders in Afghanistan and elsewhere. [New York Times, 12/15/2002]

Entity Tags: Central Intelligence Agency, George W. Bush, International Committee of the Red Cross, Al-Qaeda

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


Tom Ridge.
Tom Ridge. [Source: US State Department]President Bush announces the new cabinet-level Office of Homeland Security, to be led by Pennsylvania Governor Tom Ridge. [Associated Press, 8/19/2002] Accepting the post, Ridge says, “Liberty is the most precious gift we offer our citizens.” Responding to this comment, the Village Voice opines, “Could Tom Ridge have said anything scarier or more telling as he accepted the post of homeland security czar? Trying to strike the bell of liberty, he sounds its death knell, depicting government not as the agent of the people’s will, but as an imperious power with the authority to give us our democratic freedoms. Which means, of course, that it can also take them away.” [Village Voice, 9/11/2002] In November 2002, Ridge will become secretary of a new Homeland Security Department (see November 25, 2002).

Entity Tags: US Department of Homeland Security, Tom Ridge, George W. Bush

Timeline Tags: Complete 911 Timeline, Civil Liberties

In a memo, responding to a request from Deputy White House Counsel Timothy E. Flanigan, Justice Department lawyer John C. Yoo provides legal advice on “the legality of the use of military force to prevent or deter terrorist activity inside the United States.” He addresses the question of how the Fourth Amendment to the US Constitution applies to the use of “deadly force” by the military “in a manner that endangered the lives of United States citizens.” The Fourth Amendment requires the government to have some objective suspicion of criminal activity before it can infringe on an individual’s liberties, such as the right to privacy or the freedom of movement. Yoo writes that in light of highly destructive terrorist attacks, “the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties.” If the president determines the threat of terrorism high enough to deploy the military inside US territory, then, Yoo writes, “we think that the Fourth Amendment should be no more relevant than it would be in cases of invasion or insurrection.” [New York Times, 10/24/2004] A month later, the Justice Department will issue a similar memo (see October 23, 2001).

Entity Tags: John C. Yoo, Timothy E. Flanigan, US Department of Justice

Timeline Tags: Torture of US Captives, Civil Liberties

Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals (see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]

Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

John Yoo, a deputy assistant attorney general in the Department of Justice (DOJ) Office of Legal Counsel (OLC), issues a legal opinion that says the US can conduct electronic surveillance against its citizens without probable cause or warrants. According to the memo, the opinion was drafted in response to questions about whether it would be constitutional to amend the Foreign Intelligence Surveillance Act (FISA) to state that searches may be approved when foreign intelligence collection is “a purpose” of the search, rather than “the purpose.” Yoo finds this would be constitutional, but goes further. He asserts that FISA is potentially in conflict with the Constitution, stating, “FISA itself is not required by the Constitution, nor is it necessarily the case that its current standards match exactly to Fourth Amendment standards.” Citing Vernonia School Dist. 47J v. Acton, in which the Supreme Court found that warrantless searches of students were permissible, Yoo argues that “reasonableness” and “special needs” are also the standards according to which warrantless monitoring of the private communications of US persons is permissible. According to Yoo, the Fourth Amendment requirement for probable cause and warrants prior to conducting a search pertain primarily to criminal investigations, and in any case cannot be construed to restrict presidential responsibility and authority concerning national security. Yoo further argues that in the context of the post-9/11 world, with the threat posed by terrorism and the military nature of the fight against terrorism, warrantless monitoring of communications is reasonable. Some information indicates the NSA began a broad program involving domestic surveillance prior to the 9/11 attacks, which contradicts the claim that the program began after, and in response to, the attacks (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). [US Department of Justice, 9/25/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Inspectors General, 7/10/2009]
Yoo Memo Used to Support Legality of Warrantless Surveillance - Yoo’s memo will be cited to justify the legality of the warrantless domestic surveillance program authorized by President Bush in October 2001 (see October 4, 2001). NSA Director General Michael Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general.” The various post-9/11 NSA surveillance activities authorized by Bush will come to be referred to as the President’s Surveillance Program (PSP), and the first memo directly supporting the program’s legality will be issued by Yoo on November 2, 2001, after the program has been initiated (see November 2, 2001). Many constitutional authorities will reject Yoo’s legal rationale. [Michael Hayden, 1/23/2006]
Yoo Memo Kept Secret from Bush Officials Who Might Object - According to a report by Barton Gellman and Jo Becker in the Washington Post, the memo’s “authors kept it secret from officials who were likely to object,” including ranking White House national security counsel John Bellinger, who reports to National Security Adviser Condoleezza Rice. Bellinger’s deputy, Bryan Cunningham, will tell the Post that Bellinger would have recommended having the program vetted by the Foreign Intelligence Surveillance Court, which oversees surveillance under FISA. Gellman and Becker quote a “senior government lawyer” as saying that Vice President Dick Cheney’s attorney, David Addington, had “open contempt” for Bellinger, and write that “more than once he accused Bellinger, to his face, of selling out presidential authority for good ‘public relations’ or bureaucratic consensus.” [Washington Post, 6/24/2007]

Entity Tags: US Department of Justice, John Bellinger, National Security Agency, Bryan Cunningham, Condoleezza Rice, David S. Addington, Foreign Intelligence Surveillance Act, Foreign Intelligence Surveillance Court, Office of Legal Counsel (DOJ), John C. Yoo, George W. Bush, Richard (“Dick”) Cheney

Timeline Tags: Civil Liberties

Mohamed Abdi, a 44-year-old Somali immigrant whose phone number was found in a car belonging to one the 9/11 hijackers, is detained without bail in Alexandria, Va. On September 12, 2001, FBI investigators discovered a car registered to 9/11 hijacker Nawaf Alhazmi at Dulles Airport (see September 11-13, 2001). In the car, they found a Washington-area map with the name “Mohumad” and a Virginia phone number belonging to Mohamed Abdi. At the court hearing, an FBI investigator says that Abdi has not explained the finding and is suspected of being linked to the hijackers. FBI Special Agent Kevin W. Ashby also testifies that an article on Ahmed Ressam was found in Abdi’s clothing. Ressam was convicted of trying to bomb Los Angeles Airport in 2000 (see December 14, 1999). According to press reports, Abdi is not cooperating with police. He came to the United States in 1993 as a refugee. He later brought his wife and four children to the US and obtained US citizenship. Shortly after his arrival, Abdi worked for Caterair, a food service company at Reagan National Airport. At the time of his arrest, Abdi had been working as a low-paid security guard for Burns Security for seven years. Burns does not provide airport security services, however, a Burns subsidiary called Globe Aviation Services provides screening services at several US airports, including the American Airlines concourse at Boston’s Logan Airport, from which one of the hijacked flights took off (see October 10, 2001). Abdi, who has had financial difficulties for some time, is charged with check forgery. He is accused of forging his landlord’s signature to obtain a government housing subsidy. No terrorism charges are filed. [US District Court Eastern District of Virginia, 9/23/2001 pdf file; Washington Post, 9/27/2001 pdf file; Human Events, 10/15/2001; Human Events, 10/15/2001] In January 2002, Abdi will receive a four-month sentence for forgery. Any link he may have had with the hijackers will remain unclear. [Washington Post, 1/12/2002]

Entity Tags: Washington Dulles International Airport, Ronald Reagan Washington National Airport, Nawaf Alhazmi, Logan International Airport, Mohamed Abdi, Globe Aviation Services Corp., Federal Bureau of Investigation, Burns Security

Timeline Tags: Complete 911 Timeline

Bradford Berenson.Bradford Berenson. [Source: PBS]In the weeks following 9/11, government lawyers begin to formulate a legal response to the newly perceived threat of terrorism. Four related issues are at hand: forceful prevention, detention, prosecution, and interrogation. What degree of force can the government employ to prevent acts of terrorism or apprehend suspected terrorists? How and where can it best detain terrorists if captured? How can it best bring them to trial? And how can it best obtain information from them on terrorist organizations and plots? These questions are handled in a new atmosphere that is more tolerant towards flexible interpretations of the law. Bradford Berenson, an associate White House counsel at this time, later recalls: “Legally, the watchword became ‘forward-leaning’ by which everybody meant: ‘We want to be aggressive. We want to take risks.’” [New York Times, 10/24/2004] This attitude is seemingly in line with the president’s thinking. Counterterrorism “tsar” Richard Clarke will later recall President Bush saying, “I don’t care what the international lawyers say. We are going to kick some ass” (see (9:00 p.m.-10:00 p.m.) September 11, 2001). [Clarke, 2004, pp. 23-24] At the center of legal reconstruction work are Alberto R. Gonzales, the White House counsel, his deputy Timothy E. Flanigan, and David S. Addington, legal counsel to Vice President Cheney. [New York Times, 12/19/2004] They will find a helpful hand in the Justice Department’s Office of Legal Counsel (OLC), most notably its head, Assistant Attorney General Jay S. Bybee [Los Angeles Times, 6/10/2004] and his deputies John C. Yoo [New York Times, 8/15/2004] and Patrick F. Philbin. Most of the top government lawyers dwell in fairly conservative circles, with many being a member of the Federalist Society, a conservative legal fraternity. Some have clerked for conservative Supreme Court Justices Antonin Scalia and Clarence Thomas, whose ruling effectively lead to the presidency being awarded to George W. Bush after the 2000 presidential election. [New York Times, 10/24/2004] Others worked for Judge Lawrence H. Silberman, who set up secret contacts with the Iranian government under President Reagan leading to the Iran-Contra scandal, and who advised on pursuing allegations of sexual misconduct by President Clinton. [Inter Press Service, 2/6/2004]

Entity Tags: Patrick F. Philbin, Richard A. Clarke, John C. Yoo, Joan Claybrook, Alberto R. Gonzales, Bradford Berenson, Jay S. Bybee, Alan M. Dershowitz, Rena Steinzor

Timeline Tags: Torture of US Captives, Civil Liberties

Former AT&T employee Mark Klein.Former AT&T employee Mark Klein. [Source: PBS]The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and After September 11, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency.
Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA Today, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [Democracy Now!, 5/12/2006]
Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002-Early 2003).
Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001).

Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency

Timeline Tags: Civil Liberties

President Bush issues a directive authorizing the National Security Agency (NSA) to operate a warrantless domestic surveillance program. Author/journalist Jane Mayer will report in 2011, “[O]n October 4, 2001, Bush authorized the policy, and it became operational by October 6th,” and, “[t]he new policy, which lawyers in the Justice Department justified by citing President Bush’s executive authority as commander in chief, contravened a century of constitutional case law.” Mayer will interview NSA whistleblower Thomas Drake for her article and quote him as saying that, following the October 4 directive, “strange things were happening. Equipment was being moved. People were coming to me and saying, ‘We’re now targeting our own country!’” Bush’s directive is based on a legal opinion drafted by Department of Justice Office of Legal Counsel Deputy Attorney General John Yoo (see September 25, 2001). [New Yorker, 5/23/2011]
Conflicting Information regarding Date of First Authorization - The existence of the NSA’s domestic surveillance program will first be made public in December 2005, following reporting by the New York Times that will cite “[n]early a dozen current and former officials” (see December 15, 2005). The Times article will state that in 2002, “[m]onths after the Sept. 11 attacks,” Bush signed an executive order authorizing the NSA to monitor domestic phone calls, including those of US citizens and permanent residents, if one end of the call was outside the country. The Times article also mentions an NSA “‘special collection program’ [that] began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism.” The difference between the October 4, 2001 directive and the 2002 executive order referred to by the Times is unclear. [New York Times, 12/16/2005]
Other Sources for October Directive - Other sources, including Bush, NSA Director General Michael Hayden, and the inspectors general of five separate agencies, will later refer to a presidential order having been given in “October,” or “weeks” after the 9/11 attacks, and say that, subsequent to this order, international calls of US persons are targeted for content-monitoring. Following the publication of the Times article, Bush will say in a December 17, 2005 radio address: “In the weeks following the terrorist attacks on our nation, I authorized the National Security Agency, consistent with US law and the Constitution, to intercept the international communications of people with known links to al-Qaeda and related terrorist organizations. Before we intercept these communications, the government must have information that establishes a clear link to these terrorist networks” (see December 17, 2005). This presidential authorization was based on a legal opinion drafted by Department of Justice Office of Legal Counsel attorney John Yoo (see October 18, 2001). [WhiteHouse(.gov), 12/17/2005] Hayden, in public remarks on January 23, 2006, will refer to a presidential authorization for monitoring domestic calls having been given prior to “early October 2001,” which is when he “gathered key members of the NSA workforce… [and] introduced [the NSA’s] new operational authority to them.” Hayden will also say, “The lawfulness of the actual authorization was reviewed by lawyers at the Department of Justice and the White House and was approved by the attorney general,” and that “the three most senior and experienced lawyers in NSA… supported the lawfulness of this program.” [Michael Hayden, 1/23/2006] In a July 10, 2009 jointly-issued report, the inspectors general of the Department of Defense, Department of Justice, CIA, NSA, and Office of the Director of National Intelligence will refer to the “President’s Surveillance Program” (PSP) and “the program’s inception in October 2001.” The report will say: “One of the activities authorized as part of the PSP was the interception of the content of communications into and out of the United States where there was a reasonable basis to conclude that one party to the communication was a member of al-Qaeda or related terrorist organizations.… The attorney general subsequently publicly acknowledged the fact that other intelligence activities were also authorized under the same presidential authorization, but the details of those activities remain classified.” [Inspectors General, 7/10/2009] Citing “a senior administration official,” the Washington Post will report on January 4, 2006: “The secret NSA program… was authorized in October 2001.… The president and senior aides have publicly discussed various aspects of the program, but neither the White House, the NSA, nor the office of the director of national intelligence would say what day the president authorized it.” [Washington Post, 1/4/2006]

Entity Tags: US Department of Justice, Thomas Drake, US Department of Defense, Office of Legal Counsel (DOJ), Office of the Director of National Intelligence, Michael Hayden, National Security Agency, George W. Bush, Central Intelligence Agency, John C. Yoo, Jane Mayer

Timeline Tags: Civil Liberties

President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [Savage, 2007, pp. 127-128]

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]
Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US Department of Justice, 10/23/2001 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [Savage, 2007, pp. 131]
No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US Department of Justice, 10/23/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009; Reuters, 3/2/2009; Ars Technica, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [Newsweek, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [Washington Post, 4/4/2008]
Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.”
Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [Salon, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [Savage, 2007, pp. 131; PBS Frontline, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, After September 11, 2001, and October 2001). [Savage, 2007, pp. 131]
Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [Los Angeles Times, 3/3/2009]

Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel (DOJ), Bush administration (43), Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo

Timeline Tags: Civil Liberties

Appeals Court Judge Sonia Sotomayor delivers a lecture at the University of California at Berkeley School of Law. Sotomayor, whose parents are Puerto Rican, speaks on the subject of Hispanics in the judiciary and her own experience as a Latina (Hispanic woman) jurist. After noting the tremendous cultural and ethnic diversity among Hispanics, and citing the ascension of increasing numbers of Hispanics and women to the judiciary, Sotomayor addresses the issue of judges acting without regard for their ethnic heritage or gender. “[J]udges must transcend their personal sympathies and prejudices and aspire to achieve a greater degree of fairness and integrity based on the reason of law,” she says, and notes that while she tries to aspire to that goal: “I wonder whether achieving that goal is possible in all or even in most cases. And I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society. Whatever the reasons why we may have different perspectives, either as some theorists suggest because of our cultural experiences or as others postulate because we have basic differences in logic and reasoning, are in many respects a small part of a larger practical question we as women and minority judges in society in general must address. I accept the thesis… that in any group of human beings there is a diversity of opinion because there is both a diversity of experiences and of thought.… I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that—it’s an aspiration because it denies the fact that we are by our experiences making different choices than others.” She adds: “Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases.… I am also not so sure that I agree with the statement. First… there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life. Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I… believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable.… However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench.” [National Council of La Raza Law Journal, 10/2001; ABC News, 10/26/2001 pdf file; New York Times, 5/14/2009] After Sotomayor is nominated to the Supreme Court (see May 26, 2009), many critics will use this speech to accuse her of racism (see May 26, 2009, May 26, 2009, May 26, 2009, May 27, 2009, May 28, 2009, and June 3, 2009).

Entity Tags: University of California at Berkeley School of Law, Sonia Sotomayor, US Supreme Court

Timeline Tags: Civil Liberties

John Yoo, the Justice Department’s (DOJ) Office of Legal Counsel (OLC) deputy assistant attorney general, sends a classified memo to Attorney General John Ashcroft justifying warrantless surveillance of US persons. The National Security Agency (NSA)‘s domestic surveillance authorized by President Bush (see October 4, 2001, Early 2002, and December 15, 2005) will come to be publicly referred to as the President’s Surveillance Program (PSP). This is not the first Yoo memo supporting warrantless surveillance (see September 25, 2001), but a 2009 report on the PSP jointly issued by the inspectors general (IGs) of the Department of Defense (DOD), DOJ, CIA, National Security Agency (NSA), and Office of the Director of National Intelligence (ODNI) will refer to it as “[t]he first OLC opinion directly supporting the legality of the PSP.” The IGs’ report will quote from and comment on the memo, noting that “deficiencies in Yoo’s memorandum identified by his successors in the Office of Legal Counsel and the Office of the Deputy Attorney General later became critical to DOJ’s decision to reassess the legality of the program in 2003.” According to the IGs’ report, Yoo asserts that warrantless surveillance is constitutional as long as it is “reasonable” under the Fourth Amendment, which only protects against “unreasonable searches and siezures.” On this point, the IGs’ report will note that Yoo’s successors were troubled by his failure to discuss the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (1952), which found the president’s wartime authority to be limited. His memo does acknowledge that the Foreign Intelligence Surveillance Act (FISA) “purports to be the exclusive statutory means for conducting electronic surveillance for foreign intelligence,” but asserts that it is only a “safe harbor for electronic surveillance” because it cannot “restrict the president’s ability to engage in warrantless searches that protect the national security.” Yoo also writes that Congress has not “made a clear statement in FISA that it sought to restrict presidential authority to conduct warrantless searches in the national security area.” The IGs’ report will state that Yoo’s successors considered this problematic because Yoo has omitted discussion of the fact that FISA explicitly authorizes the president to conduct warrantless surveillance during the first 15 days following a declaration of war by Congress, which they considered an expression of Congress’s intent to restrict warrantless surveillance to a limited period of time and specific circumstances. The IGs’ report will also state that Yoo’s memo discusses “the legal rationale for Other Intelligence Activities authorized as part of the PSP,” and that Yoo concludes, “[W]e do not believe that Congress may restrict the president’s inherent constitutional powers, which allow him to gather intelligence necessary to defend the nation from direct attack.” The IGs’ report will say that “Yoo’s discussion of some of the Other Intelligence Activities did not accurately describe the scope of these activities,” and that Yoo’s successors considered his discussion of these other activities to be “insufficient and presenting a serious impediment to recertification of the program as to form and legality.” [Inspectors General, 7/10/2009, pp. pp. 11-13]
Memo's Existence Revealed by ACLU Lawsuit - On December 15, 2005, the New York Times will report that Bush authorized an NSA warrantless domestic surveillance program after the 9/11 attacks (see December 15, 2005). The American Civil Liberties Union (ACLU) will request records pertaining to the program under the Freedom of Information Act (FOIA) and then sue the Justice Department for the release of records. The existence of Yoo’s November 2 memo will first be revealed in an October 19, 2007 deposition filed by then head of the OLC Steven Bradbury in response to the ACLU lawsuit, which says that it “[concerns] the legality of certain communications intelligence activities.” After the 2009 release of the IGs’ report the ACLU will notify the court and the government will agree to reprocess four OLC memos, including Yoo’s November 2 memo. This memo and a May 6, 2004 memo by Yoo’s OLC successor Jack Goldsmith that disputes many of Yoo’s conclusions will be released in heavily redacted form on March 18, 2011. [ACLU.org, 2/7/2006; United States District Court of DC, 10/19/2007; American Civil Liberties Union, 3/19/2011]
Constitutional Experts Dispute Yoo's Legal Rationale - Numerous authorities on the law will question or reject the legal bases for warrantless domestic surveillance. In 2003, Yoo will leave the OLC. Goldsmith will begin a review of the PSP, after which he will conclude it is probably illegal in some respects and protest, within the executive branch, its continuation (see Late 2003-Early 2004 and December 2003-June 2004). Following the public disclosure of its existence, a January 5, 2006 report by the Congressional Research Service will find it to be of dubious legality (see January 5, 2006). On January 19, 2006, the DOJ will issue a 42-page white paper laying out the legal bases for the program (see January 19, 2006). These bases will be reviewed and rejected by 14 constitutional scholars and former government officials in a joint letter to Congress on February 2, 2006. [al [PDF], 2/2/2006 pdf file] The American Bar Association will adopt a resolution on February 13, 2006 that rejects DOJ’s arguments and calls on Congress to investigate the program. [Delegates, 2/13/2006 pdf file] On August 17, 2006, in the case ACLU v. NSA, US district judge Anna Diggs Taylor will reject the government’s invocation of the “state secrets privilege” and its argument that plaintiffs’ lack standing due to their being unable to prove they were surveilled, and will rule that warrantless surveillance is in violation of “the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the United States Constitution, the FISA, and Title III” (see August 17, 2006). Taylor’s ruling will be overturned on appeal, on the grounds that the plaintiffs lack standing as they cannot prove that surveillance has occurred. In another case, Al Haramain v. Barack Obama, the government will make the same arguments, but US district judge Vaughn Walker will reject these and conclude in 2010 that illegal surveillance occurred (see March 31, 2010). [Al-Haramain v. Obama, 3/31/2010]

Entity Tags: Steven Bradbury, Vaughn Walker, Ronald Dworkin, George W. Bush, John C. Yoo, American Bar Association, Office of Legal Counsel (DOJ), American Civil Liberties Union, John Ashcroft, Anna Diggs Taylor, US Department of Justice

Timeline Tags: Civil Liberties

The Geneva Conventions are mentioned in a memo issued the day after the publication of the Heritage Foundation paper (see November 5, 2001), but only to suggest that suspected terrorists should not be entitled to the rights enclosed in them. Patrick F. Philbin, a deputy in the OLC, sends a confidential 35-page memo to the White House legal counsel Gonzales, arguing that the president, as Commander-in-Chief, has “inherent authority” to establish military commissions without authorization from the US Congress. The 9/11 attacks are themselves “plainly sufficient” to justify the application of the laws of war. Furthermore, putting terrorists on trial under the laws of war, “does not mean,” according to Philbin, “that terrorists will receive the protections of the Geneva Conventions or the rights that laws of war accord to lawful combatants.” The Philbin memo will serve as a basis for a Presidential order (see November 13, 2001) establishing the option of military commissions, which will be drafted by Deputy White House Counsel Timothy E. Flanigan and David S. Addington, the legal counsel to Vice President Cheney. [New York Times, 10/24/2004]

Entity Tags: Patrick F. Philbin, Alberto R. Gonzales

Timeline Tags: Torture of US Captives

John Yoo and Robert Delahunty of the Justice Department’s Office of Legal Counsel (OLC) write a classified memo to John Bellinger, the senior legal counsel to the National Security Council. Yoo and Delahunty claim that President Bush has the unilateral authority to “suspend certain articles” of the Anti-Ballistic Missile Treaty between the US and Russia (see May 26, 1972). Six months later, President Bush will withdraw the US from the treaty (see December 13, 2001). [US Department of Justice, 11/15/2001 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file] The memo will not be released until two months after the Bush administration leaves the White House (see March 2, 2009).

Entity Tags: National Security Council, John Bellinger, John C. Yoo, US Department of Justice, Robert J. Delahunty, Office of Legal Counsel (DOJ)

Timeline Tags: US International Relations

Two CIA agents, “Dave” and Johnny Michael Spann, are singling out prisoners for interrogation in an effort to determine their affiliations and backgrounds and screen them for possible links to al-Qaeda. Two television crews—from Reuters and the German station ARD—are present. John Walker Lindh has been pointed out to Spann as a Westerner, or at least someone who speaks English. Spann approaches Lindh and begins asking him questions: [London Times, 11/28/2001; Guardian, 12/1/2001; Newsweek, 12/6/2001]
Spann - “[Speaking to Lindh] Hey you. Right here with your head down. Look at me. I know you speak English. Look at me. Where did you get the British military sweater?” Lindh does not respond and Spann walks away. A few moments later, Northern Alliance soldiers approach Lindh and tighten the ropes around his elbows. A Northern Alliance officer kicks him lightly in the stomach. Later, Lindh is brought over to a blanket covering bare earth and pushed down so he sits cross-legged on the blanket. Spann then squats down on the edge of the blanket, and faces Lindh:
Spann - “[Speaking to Lindh] Where are you from? Where are you from? You believe in what you’re doing here that much, you’re willing to be killed here? How were you recruited to come here? Who brought you here? Hey! [He snaps his fingers in front of Lindh’s face. Lindh is unresponsive] Who brought you here? Wake up! Who brought you here to Afghanistan How did you get here? [Long pause] What, are you puzzled?” Spann kneels on the blanket and attempts to photograph Lindh with a digital camera.
Spann - “Put your head up. Don’t make me have to get them to hold your head up. Push your hair back. Push your hair back so I can see your face.” An Afghan soldier pulls Walker’s hair back, holding his head up for the picture.
Spann - “You got to talk to me. All I want to do is talk to you and find out what your story is. I know you speak English.” Dave then walks up and speaks with Spann.
Dave - “Mike!”
Spann - “[to Dave] Yeah, he won’t talk to me.”
Dave - “OK, all right. We explained what the deal is to him.”
Spann - “I was explaining to the guy we just want to talk to him, find out what his story is.”
Dave - “The problem is, he’s got to decide if he wants to live or die and die here. We’re just going to leave him, and he’s going to f_cking sit in prison the rest of his f_cking short life. It’s his decision, man. We can only help the guys who want to talk to us. We can only get the Red Cross to help so many guys.”
Spann - “[to Lindh] Do you know the people here you’re working with are terrorists and killed other Muslims? There were several hundred Muslims killed in the bombing in New York City. Is that what the Koran teaches? I don’t think so. Are you going to talk to us?” Walker does not respond.
Dave - “[to Spann] That’s all right man. Gotta give him a chance, he got his chance.” Spann and Dave stand and keep talking to each other.
Spann - “[to Dave] Did you get a chance to look at any of the passports?”
Dave - “There’s a couple of Saudis and I didn’t see the others.”
Spann - “I wonder what this guy’s got?” Walker is then taken back to the group of prisoners by an Afghan guard. [Newsweek, 12/6/2001]

Entity Tags: John Walker Lindh, Mike Spann, “Dave”

Timeline Tags: Torture of US Captives, War in Afghanistan

CIA agent “Dave”.CIA agent “Dave”. [Source: CNN/House of War]One of the prisoners who is being interrogated by the two CIA agents tells Mike Spann that he has come to Afghanistan “to kill” him. With that, the prisoner lunges towards him. At this point accounts differ over what happens. According to an early account, Mike Spann immediately shoots the prisoner and three others dead with his pistol before the nearby Taliban prisoners join the skirmish and “beat, kick, and bite” Spann to death. [London Times, 11/28/2001] In the other account, the prisoner who lunged towards Spann, used a grenade to blow him and Spann up, killing both of them immediately. [Guardian, 12/1/2001] “Dave,” the second CIA agent, then shoots at least one of the foreign Taliban fighters dead and flees the vicinity. He goes to General Dostum’s headquarters in the north side of the fort where he contacts the American embassy in Tashkent, Uzbekistan using a satellite phone borrowed from the German TV crew. He tells the embassy, “We have lost control of the situation. Send in helicopters and troops.” [Guardian, 12/1/2001] One witness later recalls, “David asked his superiors for choppers to be brought in, as well as ground troops to get everyone out. They sent about 40 American soldiers, but the choppers were too far away in Uzbekistan. David’s people offered to bring in gunships and bomb the Taliban. They would flatten the whole castle and kill us all. David told them twice they shouldn’t do that. They were really pressing for airstrikes and after three hours they started.” [London Times, 11/28/2001] Meanwhile, Dostum’s soldiers began to shoot indiscriminately at the rows of bound prisoners. Some are killed and as prisoners stand up and run for cover, more are shot in their flight. John Walker Lindh too tries to run but after two or three paces a bullet hits him in his right thigh and he falls to the ground. Unable to walk, with chaos all around him, Lindh pretends to be dead. He remains on the ground for the next twelve hours. The Taliban soldiers soon overpower their Northern Alliance captors, take their weapons and break into the arms depot located towards the center for the compound where they help themselves to Dostum’s mortars and rocket launchers. [London Times, 11/28/2001; Guardian, 12/1/2001; United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Northern Alliance, Mike Spann, Taliban, “Dave”, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Timeline Tags: Torture of US Captives

The US Special Forces officer who questioned John Walker Lindh the day before ties his hands with rope and puts a hood over his head. Lindh is then driven back to Mazar-i-Sharif, where he is taken into a school building. For the next two to three days, Lindh will be kept blindfolded and bound in custody of the US military. He asks for the time of day, explaining that he needs to know for religious reasons. But he is told to shut up. US soldiers frequently call him “sh_tbag,” or “sh_thead.” He is fed military rations twice a day, which he feels is insufficient given his state of malnourishment. Requests for more food and more medical attention are refused. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Throughout the week at the school, Lindh expresses concern about his bullet wound, which appears to be festering. On the first two days, he is visited twice by a Red Cross worker, who on December 3 gives him the opportunity to dictate a letter to his parents. It is faxed eight days later. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] For the rest of his incarceration at Mazar-i-Sharif, the Red Cross workers are prevented from seeing Lindh. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

As soon as he hears the news of his son’s capture in Afghanistan, John Walker Lindh’s father immediately hires James Brosnahan, a well-respected lawyer, on behalf of his son. On December 3, Brosnahan faxes a letter to Secretary of State Colin Powell, Attorney General John Ashcroft, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. He introduces himself as Lindh’s lawyer, expresses his wish to see him, and states: “Because [Lindh] is wounded and, based upon press reports, went for three days without food, I would ask that any further interrogation be stopped, especially if there is any intent to use it in any subsequent legal proceedings.” When Brosnahan receives no reply, he writes again, “I would ask that no further interrogation of my client occur until I have the opportunity to speak with him. As an American citizen, he has the right to counsel and, under all applicable legal authorities, I ask for the right to speak with my client as soon as possible.” On December 5, still having received no reply, he urges that “we have a conversation today.” Again, no reply comes. [Los Angeles Times, 3/23/2002; World Socialist Web Site, 3/27/2002; New Yorker, 3/3/2003]

Entity Tags: John Walker Lindh, George J. Tenet, Donald Rumsfeld, Colin Powell, John Ashcroft, James Brosnahan

Timeline Tags: Torture of US Captives, War in Afghanistan

Around the third day at the school (see December 2-5, 2001), probably on December 5, accused terrorist John Walker Lindh, unaware of the fact that a lawyer has been hired for him, is interrogated by two military officers. The questioning goes on for two or three days in sessions lasting several hours at a time. Again no Miranda warnings are given (see December 2, 2001). [United States of America v. John Walker Lindh, 6/13/2002 pdf file] There is some discussion, however, among military personnel about whether Lindh should be advised of his right against self-incrimination. An Army intelligence officer is advised that instructions have come from “higher headquarters” for interrogators to coordinate Lindh’s interrogation with military lawyers. The intelligence officer asks to be faxed a Miranda form, but, according to the documents, “he never [gets] it.” The officer, however, adds that he is “in the business of collecting [intelligence] information, not in the business of Mirandizing.” After the first hour of interrogation, according to the documents, the interrogator provides the admiral in charge of Mazar-i-Sharif with a summary of what the interrogators have so far collected. The admiral tells him that the secretary of Defense’s counsel has authorized him to “take the gloves off” and ask whatever he wants. The unnamed counsel in question may well have been Defense Department chief counsel William J. Haynes. The initial responses Lindh gives to his interrogators are, according to the documents, cabled to Washington every hour. [Los Angeles Times, 6/9/2004] After the interrogations are ended, Lindh is told his conditions will improve. From then on, he is given a third meal a day and no longer held at gunpoint 24 hours a day. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: William J. Haynes, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

US soldiers enter the school building in Mazar-i-Sharif where “American Taliban” John Walker Lindh (see Late morning, November 25, 2001) is being held (see December 2-5, 2001, blindfold him, and take photographs of Lindh and themselves posing next to him. One soldier scrawls “sh_thead” across Lindh’s blindfold and poses with him. Another soldier makes fun of his Islamic religion. Someone says Lindh is “going to hang” and another one that he wants to shoot him on the spot. They then put Lindh in a van and tie his hands with plastic handcuffs so tight they severely cut off the blood circulation. The scars and numbness that result from this treatment are still present months later. He is then put on a plane and flown to the US marine base Camp Rhino, seventy miles south of Kandahar. During the flight, Lindh screams because the pain in his hands have become unbearable, but his guards refuse to loosen the cuffs. Immediately upon arrival at Camp Rhino, when the winter night has already fallen, US soldiers cut off all of Lindh’s clothing. Wearing only his blindfold and shaking violently from the cold, Lindh is bound to a stretcher with heavy duct tape wrapped tightly around his chest, upper arms and ankles. In this position military personnel again take photographs of him. One photograph is later released by his attorneys and corroborates the described treatment. He is then placed, stretcher and all, in a metal shipping container. Twenty minutes later, a US Marine begins to question him. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh, Taliban

Timeline Tags: Torture of US Captives, War in Afghanistan

According to government papers, later quoted by defense lawyers for captured “American Taliban” John Walker Lindh (see Late morning, November 25, 2001), “A Navy physician present at Camp Rhino recounted that the lead military interrogator in charge of Mr. Lindh’s initial questioning told the physician ‘that sleep deprivation, cold, and hunger might be employed’ during Mr. Lindh’s interrogations.” This interrogator later says, “he was initially told to get whatever information he could get from the detainee. However,… once it was determined from their initial questioning of Lindh that he was an American, which was done within an hour or so, [the military interrogator] informed a superior and was told they were done questioning him.” Lindh nevertheless is subjected to “sleep deprivation, cold, and hunger.” The metal container Lindh is kept in has no light or heat source. Only two small holes in the sides of the container allow some light and air to enter, through which military guards frequently shout swearwords at Lindh and discuss spitting in his food. According to his defense attorneys, “Mr. Lindh’s hands and feet remained restrained such that his forearms were forced together and fully extended, pointing straight down towards his feet. The pain from the wrist restraints was intense. Initially, Mr. Lindh remained fully exposed within the metal container, lying on his back; after some time had passed, one blanket was placed over him and one beneath him. While in the container the first two days, Mr. Lindh was provided minimal food and little medical attention. He suffered from constant pain from the plastic cuffs on his wrists and the bullet wound in his thigh. Because the metal container was placed next to a generator, the loud noise it generated echoed within the container. According to government disclosures, Mr. Lindh repeatedly said he was cold and asked for more protection from the weather. When Mr. Lindh needed to urinate, his guards did not release him from the restraints binding him to his stretcher, but instead propped up the stretcher into a vertical position. Due to hunger, the cold temperature, the noise, and the incessant pain caused by his wounds and the position in which he was restrained, Mr. Lindh was unable to sleep. Mr. Lindh was held under these conditions continuously for two days.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

After two days naked, hungry, in pain and sleepless in the cold container (see December 7-8, 2001, John Walker Lindh is dressed in hospital garb and carried, still blindfolded and handcuffed, to a nearby room or tent. As his blindfold is removed, Lindh finds himself in the presence of an FBI agent. From an “advice of rights” form, the agent begins to read Lindh his Miranda rights. Where the form refers to the right to an attorney, the FBI agent adds, “Of course, there are no lawyers here.” Lindh nevertheless asks if he can see an attorney, but the FBI agent repeats his statement that there are no attorneys present. Lindh then signs a Miranda waiver of his constitutional Fifth Amendment right to remain silent and to consult an attorney, believing he would otherwise return to the conditions to which he was previously subjected, or that a worse fate may await him. The subsequent interrogation by the FBI agent lasts at least three hours. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Federal Bureau of Investigation, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

John Walker Lindh (see Late morning, November 25, 2001), is again questioned by the FBI agent who had interrogated him the previous day (see December 9, 2001). Lindh again asks for a lawyer, and again he is told no lawyers are available. Lindh is returned to the container, but now his treatment begins to improve. His leg and handcuffs are loosened and he is blindfolded less often. The duct tape is removed. He receives more food, an additional blanket and he is allowed to continue to wear the hospital garb. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Qatari citizen Ali Saleh Kahlah al-Marri, a computer science graduate student at Illinois’s Bradley University, is arrested as a material witness to the 9/11 attacks. [Peoria Journal Star, 12/19/2001; CNN, 12/13/2005] Al-Marri was interviewed twice by the FBI, once on October 2 and again on December 11. Both times, according to the FBI, he lied in response to their questions. Al-Marri claimed to have entered the US on September 10, 2001, his first visit to the country since 1991, when he earned his undergraduate degree at Bradley. [CBS News, 6/23/2003; CNN, 12/13/2005]
Connections to 9/11 Terrorists Alleged - The FBI says al-Marri has been in the US since 2000. Al-Marri denied calling the United Arab Emirates phone number of Mustafa Ahmed al-Hawsawi, an unindicted co-conspirator in the trial of suspected “20th hijacker” Zacarias Moussaoui. Prosecutors say al-Hawsawi provided financial backing to Moussaoui and the 9/11 hijackers, and allegedly helped some of the hijackers travel from Pakistan to the United Arab Emirates and then to the US in preparation for the attacks. [CBS News, 6/23/2003; Progressive, 3/2007] (Al-Hawsawi will be captured in Pakistan in March 2003, and detained in an undisclosed location somewhere outside the US. See Early-Late June, 2001) [CNN, 12/13/2005] The government also alleges that the phone number was a contact number for Ramzi Bin al-Shibh, another unindicted co-conspirator in the Moussaoui indictment. The government says that two calling cards were used to call the number, which was also listed as a contact number on a package it believes was sent by 9/11 hijacker Mohamed Atta to the UAE on September 8, 2001. The cards were allegedly used to place phone calls from al-Marri’s residence, from his cellphone, and from the Marriott hotel room he was staying in on September 11. However, none of the three calls to the UAE number were made from phones registered to Al-Marri, though, nor is there proof he placed them. Some of the calls made from the card to the UAE were placed to relatives of al-Marri. [Bradley Scout, 3/29/2002] In March 2002, Justice Department official Alice Fisher will say that an unnamed al-Qaeda detainee “in a position to know… positively identified al-Marri as an al-Qaeda sleeper operative who was tasked to help new al-Qaeda operatives get settled in the United States for follow-on attacks after 9/11.” That unidentified tipster brought al-Marri to the attention of federal law enforcement shortly after the attacks. FBI officials have said that al-Marri is not considered to have played any part in the attacks, but is still considered a danger to the US. [Knight Ridder, 6/23/2003] In 2003, the FBI adds that it found “an almanac with bookmarks in pages that provided information about major US dams, reservoirs, waterways and railroads.” [Knight Ridder, 6/24/2003] He is believed to be a relative of Saudi national and future Guantanamo detainee Mohamed al-Khatani, who is said to be an intended 9/11 hijacker (see July 2002). [New York Times, 6/21/2004]
Bank and Credit Card Fraud - According to the FBI, al-Marri obtained a bank account under a false name, rented a motel room under a false name to create a mailing address, and formed a fake company, AAA Carpet, using the motel’s address. The FBI also says al-Marri used a fake Social Security number to open three other bank accounts. Al-Marri was carrying well over 15 fake credit card numbers on him when he was interviewed yesterday, says the US Attorney’s office in Illinois. [CBS News, 6/23/2003; Progressive, 3/2007] There are also allegedly over 1,000 more in his personal computer files. He has missed so many classes, the FBI says, that he is on the verge of flunking out. The FBI says al-Marri’s computer also contains Arabic lectures by Osama bin Laden, photographs of the 9/11 attacks, and a cartoon of planes crashing into the World Trade Center. The computer has a folder labeled “jihad arena,” and another labeled “chem,” which, government officials say, contains industrial chemical distributor websites used by al-Marri to obtain information about hydrogen cyanide, a poisonous gas used in chemical weapons. [CNN, 12/13/2005] Al-Marri consents to the search and the seizure of his computer and other possessions. [Bradley Scout, 3/29/2002] Al-Marri will be charged with financial crimes in 2002 (see February 8, 2002), charges that later will be dropped (see June 23, 2003). [CBS News, 6/23/2003]

Entity Tags: US Department of Justice, Mustafa Ahmed al-Hawsawi, Zacarias Moussaoui, Mohamed al-Khatani, Alice Fisher, Federal Bureau of Investigation, Mohamed Atta, Al-Qaeda, Bradley University, Osama bin Laden, Ali Saleh Kahlah al-Marri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

John Walker Lindh (see Late morning, November 25, 2001) is moved to a Navy ship, the USS Peleliu. When he arrives, he is still unable to walk and is suffering from dehydration, frostbite on his toes and mild hypothermia. Navy physicians treat Lindh with IV fluids, and on the same day, Haynes’ deputy, Paul W. Cobb Jr., tells Lindh’s lawyers: “I can inform you that John Walker is currently in the control of United States armed forces and is being held aboard USS Peleliu in the theater of operations. Our forces have provided him with appropriate medical attention and will continue to treat him humanely, consistent with the Geneva Convention protections for prisoners of war.” [Business Wire, 12/17/2001; ABC News, 12/19/2001] It is the first response James Brosnahan, head of Lindh’s defense team, receives to his letters, the first of which he sent on December 3 (see December 3-5, 2001).

Entity Tags: James Brosnahan, John Walker Lindh, Paul W. Cobb

Timeline Tags: Torture of US Captives, War in Afghanistan

US bombing in Tora Bora, December 14, 2001.US bombing in Tora Bora, December 14, 2001. [Source: Romeo / Gacad Agence France-Presse]According to author Ron Suskind, on this date bin Laden makes a broadcast on his shortwave radio from somewhere within Tora Bora, Afghanistan. He praises his “most loyal fighters” still fighting in Tora Bora and says “forgive me” for drawing them into a defeat. He says the battle will continue “on new fronts.” Then he leads a prayer and leaves Tora Bora. Suskind says, “With a small band, he escaped on horseback toward the north. The group, according to internal CIA reports, took a northerly route to the province of Nangarhar—past the Khyber Pass, and the city of Jalalabad—and into the province of Konar. That day and the next, much of the remaining al-Qaeda force of about 800 soldiers moved to the south toward Pakistan.” [Suskind, 2006, pp. 74-75 Sources: Ron Suskind] A radio had been captured by US allied forces some days earlier, allowing the US to listen in to bin Laden’s communications (see Late October-Early December 2001). In another account, a professional guide and former Taliban official later claims to have led bin Laden and a group of about 30 at this time on a four day trip into Pakistan and then back into a different part of Afghanistan. [Newsweek, 8/11/2002] Still other accounts have bin Laden heading south into Pakistan at this time instead (see Mid-December 2001). An article in the British Daily Telegraph entitled “Bin Laden’s voice heard on radio in Tora Bora” will appear the very next day, detailing some of these communications. [Daily Telegraph, 12/16/2001]

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

A videotape obtained by the CIA shows bin Laden at the end of the Tora Bora battle. He is walking on a trail either in Afghanistan and heading toward Pakistan, or already in Pakistan. Bin Laden is seen instructing his party how to dig holes in the ground to lie undetected at night. A US bomb explodes in the distance. Referring to where the bomb was dropped, he says, “We were there last night.” The existence of this videotape will not be reported until late 2006. [Washington Post, 9/10/2006] In September 2005, the New York Times will report that, “On or about Dec. 16, 2001, according to American intelligence estimates, bin Laden left Tora Bora for the last time, accompanied by bodyguards and aides.… Bin Laden and his men are believed to have journeyed on horseback directly south toward Pakistan.” [New York Times Magazine, 9/11/2005] Other accounts have him heading north into other parts of Afghanistan around this time instead (see December 15, 2001).

Entity Tags: Osama bin Laden, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Four prisoners captured at Tora Bora and shown to the media on December 17, 2001.Four prisoners captured at Tora Bora and shown to the media on December 17, 2001. [Source: Getty Images]US-allied forces declare that the battle of Tora Bora has been won. A ten-day ground offensive that began on December 5 has cleared out the remaining Taliban and al-Qaeda forces in Tora Bora. The Afghan war is now widely considered to be over. However, many will later consider the battle a failure because most of the enemy escapes (see December 5-17, 2001), and because the Taliban will later regroup. [Christian Science Monitor, 3/4/2002] The Christian Science Monitor later reports that up to 2,000 Taliban and al-Qaeda were in the area when the battle began. The vast majority successfully fled, and only 21 al-Qaeda fighters were finally captured. [Christian Science Monitor, 3/4/2002] US intelligence analysts later estimate that around 1,000 to 1,100 al-Qaeda fighters and an unknown number of leaders escaped Tora Bora, while Pakistani officials estimate 4,000 fighters plus 50 to 80 leaders escaped (see October 2004). [Knight Ridder, 10/30/2004] Author Ron Suskind will suggest in 2006 that there were just over 1,000 al-Qaeda and Taliban in the area, and of those, 250 were killed or captured. [Suskind, 2006, pp. 75 Sources: Ron Suskind] Bin Laden left the area by December 15, if not earlier (see December 15, 2001 and Mid-December 2001). It is believed that al-Qaeda’s number two leader, Ayman al-Zawahiri, also escaped the area around the same time. [Knight Ridder, 10/20/2002]

Entity Tags: Al-Qaeda, Osama bin Laden, Taliban, US Department of Defense

Timeline Tags: Complete 911 Timeline, War in Afghanistan

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President Bush says he has not ruled out bringing treason charges against John Walker Lindh, a US citizen (see Late morning, November 25, 2001). While he at first called him a “poor boy” who was “misled,” Bush now says Lindh is a member of al-Qaeda. “Walker’s unique,” Bush says, “in that he’s the first American al-Qaeda fighter that we have captured.” [San Francisco Chronicle, 12/22/2001]

Entity Tags: Taliban, George W. Bush, John Walker Lindh, Al-Qaeda

Timeline Tags: Torture of US Captives, War in Afghanistan

After a week on the USS Peleliu (see December 14, 2001), President George Bush calls John Walker Lindh (see Late morning, November 25, 2001) an al-Qaeda fighter, who “is being well treated on a ship of ours.” [San Francisco Chronicle, 12/22/2001] Around the same time, it is reported that at least four other detainees are being held aboard the Peleliu [San Francisco Chronicle, 12/22/2001] and about 7,000 on the Afghan mainland. [Guardian, 12/21/2001]

Entity Tags: John Walker Lindh, George W. Bush

Timeline Tags: Torture of US Captives

Defense Secretary Donald Rumsfeld makes a public announcement that he is planning to move Taliban and al-Qaeda suspects to the Guantanamo Bay Naval Station. The number of people in US custody and destined for Guantanamo is allegedly small. According to the Chairman of the Joint Chiefs of Staff, Air Force Gen. Richard B. Myers, they number eight individuals aboard the USS Peleliu and 37 at a US base near Kandahar airport. [Dawn (Karachi), 12/28/2001] Troops, earlier stationed at nearby Camp Rhino, where John Walker Lindh was detained, are being transferred to Guantanamo. [GlobalSecurity (.org), 1/15/2005] The reason for choosing Guantanamo for detaining suspected al-Qaeda and Taliban members is unclear. Rumsfeld says: “I would characterize Guantanamo Bay, Cuba, as the least worst place we could have selected. Its disadvantages seem to be modest relative to the alternatives.” [Dawn (Karachi), 12/28/2001] Rumsfeld does not inform reporters of the legal opinion about to be released by the Office of Legal Counsel (OLC) that he feels makes Guantanamo uniquely qualified to serve as a prisoner for terror suspects (see December 28, 2001). According to the OLC opinion, Guantanamo is outside the US itself, so US courts have no jurisdiction to oversee conditions or activities there. It is also not on soil controlled by any other court system. And, unlike other facilities considered for housing terror suspects (see January 11, 2002), Guantanamo is not on the soil of a friendly government with which the US has lease and status of force agreements, but rather on the soil of a hostile Communist government whose predecessor had signed a perpetual lease with the US. The base, therefore, is, according to the OLC, under the sole jurisdiction of the US military and its commander in chief, and not subject to any judicial or legislative review. In 2007, author and reporter Charlie Savage will write, “Guantanamo was chosen because it was the best place to set up a law-free zone.” [Savage, 2007, pp. 145]

Entity Tags: Al-Qaeda, US Department of Defense, Charlie Savage, Richard B. Myers, Taliban, Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Deputy Assistant Attorney Generals Patrick Philbin and John Yoo send a memorandum to Pentagon General Counsel William J. Haynes offering the legal opinion that US courts do not have jurisdiction to review the detention of foreign prisoners at Guantanamo Bay. Therefore detentions of persons there cannot be challenged in a US court of law. The memo is endorsed by the Department of Defense and White House legal counsel Alberto Gonzales. [Newsweek, 5/24/2004] The memo addresses “the question whether a federal district court would properly have jurisdiction to entertain a petition for a writ of habeas corpus filed on behalf of an alien detained at the US naval base at Guantanamo Bay, Cuba.” The conclusion of Philbin and Yoo is that it cannot, based primarily on their interpretation of a decision by the US Supreme Court in the 1950 Eisentrager case, in which the Supreme Court determined that no habeas petition should be honored if the prisoners concerned are seized, tried, and held in territory that is outside of the sovereignty of the US and outside the territorial jurisdiction of any court of the US. Both conditions apply to Guantanamo according to Philbin and Yoo. Approvingly, they quote the US Attorney General in 1929, who stated that Guantanamo is “a mere governmental outpost beyond our borders.” A number of cases, quoted by the authors, “demonstrate that the United States has consistently taken the position that [Guantanamo Bay] remains foreign territory, not subject to US sovereignty.” Guantanamo is indeed land leased from the state of Cuba, and therefore in terms of legal possession and formal sovereignty still part of Cuba. But Philbin and Yoo acknowledge a problem with the other condition: namely that the territory is outside the US’s jurisdiction. They claim with certainty that Guantanamo “is also outside the ‘territorial jurisdiction of any court of the United States.’” However, the Supreme Court should not have made a distinction between jurisdiction and sovereignty here; the wording of the decision is really, Philbin and Yoo believe, an inaccurate reflection of its intent: “an arguable imprecision in the Supreme Court’s language.” For that reason, they call for caution. “A non-frivolous argument might be constructed, however, that [Guantanamo Bay], while not be part of sovereign territory of the United States, is within the territorial jurisdiction of a federal court.” [US Department of Justice, 12/28/2001 pdf file]

Entity Tags: John C. Yoo, Alberto R. Gonzales, Patrick F. Philbin, William J. Haynes

Timeline Tags: Torture of US Captives, Civil Liberties

According to government papers, John Walker Lindh is transferred (see December 22, 2001) from the USS Peleliu to the USS Bataan. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives

American al-Qaeda member Jose Padilla (see September-October 2000) and an unidentified associate approach an al-Qaeda operations chief to propose detonating a nuclear bomb in the US. The plan is considered too far-fetched, and the idea of a radioactive “dirty bomb” is floated instead. Al-Qaeda leaders consider Padilla an incompetent who has virtually no chance of pulling off such an attack (see Mid-April 2002). [Associated Press, 6/2004]

Entity Tags: Jose Padilla, Al-Qaeda

Timeline Tags: Torture of US Captives

John Walker Lindh, held on the USS Bataan, is allowed for the first time to receive letters from his parents and the lawyers they hired on his behalf almost a month before (see December 31, 2001). [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives

John Yoo, a neoconservative lawyer in the Justice Department’s Office of Legal Counsel serving as deputy assistant attorney general, writes a classified memo to senior Pentagon counsel William J. Haynes, titled “Application of Treaties and Law to al-Qaeda and Taliban Detainees.” [New York Times, 5/21/2004]
Yoo: Geneva Conventions Do Not Apply in War on Terror - Yoo’s memo, written in conjunction with fellow Justice Department lawyer Robert Delahunty, echoes arguments by another Justice Department lawyer, Patrick Philbin, two months earlier (see November 6, 2001). Yoo states that, in his view, the laws of war, including the Geneva Conventions, do not apply to captured Taliban or al-Qaeda prisoners, nor do they apply to the military commissions set up to try such prisoners.
Geneva Superseded by Presidential Authority - Yoo’s memo goes even farther, arguing that no international laws apply to the US whatsoever, because they do not have any status under US federal law. “As a result,” Yoo and Delahunty write, “any customary international law of armed conflict in no way binds, as a legal matter, the president or the US armed forces concerning the detention or trial of members of al-Qaeda and the Taliban.” In essence, Yoo and Delahunty argue that President Bush and the US military have carte blanche to conduct the global war on terrorism in any manner they see fit, without the restrictions of law or treaty. However, the memo says that while the US need not follow the rules of war, it can and should prosecute al-Qaeda and Taliban detainees for violating those same laws—a legal double standard that provokes sharp criticism when the memo comes to light in May 2004 (see May 21, 2004). Yoo and Delahunty write that while this double standard may seem “at first glance, counter-intuitive,” such expansive legal powers are a product of the president’s constitutional authority “to prosecute the war effectively.” The memo continues, “Restricting the president’s plenary power over military operations (including the treatment of prisoners)” would be “constitutionally dubious.” [Mother Jones, 1/9/2002; US Department of Justice, 6/9/2002 pdf file; Newsweek, 5/21/2004; New York Times, 5/21/2004]
Overriding International Legal Concerns - Yoo warns in the memo that international law experts may not accept his reasoning, as there is no legal precedent giving any country the right to unilaterally ignore its commitment to Geneva or any other such treaty, but Yoo writes that Bush, by invoking “the president’s commander in chief and chief executive powers to prosecute the war effectively,” can simply override any objections. “Importing customary international law notions concerning armed conflict would represent a direct infringement on the president’s discretion as commander in chief and chief executive to determine how best to conduct the nation’s military affairs.” [Savage, 2007, pp. 146] The essence of Yoo’s argument, a Bush official later says, is that the law “applies to them, but it doesn’t apply to us.” [Newsweek, 5/21/2004] Navy general counsel Alberto Mora later says of the memo that it “espoused an extreme and virtually unlimited theory of the extent of the president’s commander-in-chief authority.” [Savage, 2007, pp. 181]
White House Approval - White House counsel and future Attorney General Alberto Gonzales agrees (see January 25, 2002), saying, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Mother Jones, 1/9/2002]
Spark for Prisoner Abuses - Many observers believe that Yoo’s memo is the spark for the torture and prisoner abuses later reported from Iraq’s Abu Ghraib prison (see Evening November 7, 2003), Guantanamo Bay (see December 28, 2001), and other clandestine prisoner detention centers (see March 2, 2007). The rationale is that since Afghanistan is what Yoo considers a “failed state,” with no recognizable sovereignity, its militias do not have any status under any international treaties. [Newsweek, 5/21/2004; Newsweek, 5/24/2004]
Resistance from Inside, Outside Government - Within days, the State Department will vehemently protest the memo, but to no practical effect (see January 25, 2002).

Entity Tags: Patrick F. Philbin, Robert J. Delahunty, US Department of Justice, Office of Legal Counsel (DOJ), Taliban, John C. Yoo, Colin Powell, Geneva Conventions, Al-Qaeda, George W. Bush, Alberto Mora, US Department of State, Alberto R. Gonzales, William J. Haynes

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

An aerial shot of Camp X-Ray.An aerial shot of Camp X-Ray. [Source: Public domain]The US prison camp at Guantanamo receives its first 20 prisoners from the Afghan battlefield. [Reuters, 1/11/2002] The prisoners are flown on a C-141 Starlifter cargo plane, escorted during the final leg of the journey by a Navy assault helicopter and a naval patrol boat. The prisoners, hooded, shackled, wearing blackout goggles and orange jumpsuits, and possibly drugged, are escorted one by one off the plane by scores of Marines in full battle gear. They are interred in what reporter Charlie Savage will later call “kennel-like outdoor cages” in the makeshift containment facility dubbed Camp X-Ray. [Guardian, 1/11/2002; Savage, 2007, pp. 142-143]
Leaked Photos of Transfer Cause International Outcry - Pictures of prisoners being transferred in conditions clearly in violation of international law are later leaked, prompting an outcry. But rather than investigating the inhumane transfer, the Pentagon will begin investigating how the pictures were leaked. [Associated Press, 11/9/2002]
Guantanamo Chosen to Keep Prisoners out of US Jurisdiction - The prisoners are sent to this base—leased by Cuba to the US—because it is on foreign territory and therefore beyond the jurisdiction of US law (see December 28, 2001). [Globe and Mail, 9/5/2002] It was once a coaling station used by the US Navy, and in recent years had been used by Coast Guard helicopters searching for drug runners and refugees trying to make it across the Florida Straits to US soil. In 1998, the Clinton administration had briefly considered and then rejected a plan to bring some prisoners from Kosovo to Guantanamo. Guantanamo was chosen as an interim prison for Afghanis who survived the uprising at Mazar-e Sharif prison (see 11:25 a.m. November 25, 2001) by an interagency working group (see Shortly Before September 23, 2001), who considered and rejected facilities in Germany and other European countries. Group leader Pierre-Richard Prosper will later recall: “We looked at our military bases in Europe and ruled that out because (a), we’d have to get approval from a European government, and (b), we’d have to deal with the European Court of Human Rights and we didn’t know how they’d react. We didn’t want to lose control over it and have it become a European process because it was on European soil. And so we kept looking around and around, and basically someone said, ‘What about Guantanamo?’” The base may well have not been the final choice of Prosper’s group; it was still researching a Clinton-era attempt to house Haitian and Cuban refugees there that had been challenged in court when Rumsfeld unilaterally made the decision to begin transferring prisoners to the naval base. [Savage, 2007, pp. 143-144]
No Geneva Convention Strictures Apply to 'Unlawful Combatants' - Rumsfeld, acting on the advice of the Justice Department’s Office of Legal Counsel, publicly declares the detainees “unlawful combatants” and thereby not entitled to the rights of the Geneva Conventions. “Unlawful combatants do not have any rights under the Geneva Convention,” Rumsfeld says. Though, according to Rumsfeld, the government will “for the most part treat them in a manner that is reasonably consistent with the Geneva Conventions, to the extent they are appropriate.” [Reuters, 1/11/2002] There is no reason to feel sorry for these detainees, says Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff. He states, “These are people who would gnaw through hydraulic lines at the back of a C-17 to bring it down.” [New York Times, 6/21/2004]
British Officials: 'Scandalous' - Senior British officials privately call the treatment of prisoners “scandalous,” and one calls the refusal to follow the Geneva Convention “not benchmarks of a civilized society.” [Guardian, 6/13/2002]

Entity Tags: US Department of the Navy, United States, US Department of Defense, Pierre-Richard Prosper, Richard B. Myers, Clinton administration, Donald Rumsfeld, Charlie Savage, Guantanamo Bay Naval Base, Office of Legal Counsel (DOJ), Geneva Conventions

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

Justice Department lawyers John Yoo and Robert Delahunty send a classified memo to the chief legal adviser for the State Department, William Howard Taft IV. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo concerns the Justice Department’s interpretation of the War Crimes Act. According to Yoo and Delahunty, the War Crimes Act does not allow the prosecution of accused al-Qaeda and Taliban suspects. Yoo will cite this memo in a 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, William Howard Taft IV, US Department of Justice, War Crimes Act, US Department of State

Timeline Tags: Civil Liberties

Siding with the Pentagon and Justice Department against the State Department, President Bush declares the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban. Secretary of State Colin Powell urges Bush to reconsider, saying that while Geneva does not apply to al-Qaeda terrorists, making such a decision for the Taliban—the putative government of Afghanistan—is a different matter. Such a decision could put US troops at risk. Both Defense Secretary Donald Rumsfeld and Joint Chiefs chairman General Richard B. Myers support Powell’s position. Yet another voice carries more weight with Bush: John Yoo, a deputy in the Justice Department’s Office of Legal Counsel (OLC—see October 23, 2001). Yoo says that Afghanistan is a “failed state” without a functional government, and Taliban fighters are not members of an army as such, but members of a “militant, terrorist-like group” (see January 9, 2002). White House counsel Alberto Gonzales agrees with Yoo in a January 25 memo, calling Yoo’s opinion “definitive.” The Gonzales memo concludes that the “new kind of war” Bush wants to fight should not be equated with Geneva’s “quaint” privileges granted to prisoners of war, or the “strict limitations” they impose on interrogations (see January 25, 2002). Military lawyers dispute the idea that Geneva limits interrogations to recitals of name, rank, and serial number, but their objections are ignored. For an OLC lawyer to override the judgment of senior Cabinet officials is unprecedented. OLC lawyers usually render opinions on questions that have already been deliberated by the legal staffs of the agencies involved. But, perhaps because OLC lawyers like Yoo give Bush the legal opinions he wants, Bush grants that agency the first and last say in matters such as these. “OLC was definitely running the show legally, and John Yoo in particular,” a former Pentagon lawyer will recall. “Even though he was quite young, he exercised disproportionate authority because of his personality and his strong opinions.” Yoo is also very close to senior officials in the office of the vice president and in the Pentagon’s legal office. [Ledger (Lakeland FL), 10/24/2004]
Undermining, Cutting out Top Advisers - Cheney deliberately cuts out the president’s national security counsel, John Bellinger, because, as the Washington Post will later report, Cheney’s top adviser, David Addington, holds Bellinger in “open contempt” and does not trust him to adequately push for expanded presidential authority (see January 18-25, 2002). Cheney and his office will also move to exclude Secretary of State Colin Powell from the decision-making process, and, when the media learns of the decision, will manage to shift some of the blame onto Powell (see January 25, 2002). [Washington Post, 6/24/2007]
Final Decision - Bush will make his formal final declaration three weeks later (see February 7, 2002).

Entity Tags: US Department of Defense, US Department of Justice, Richard B. Myers, US Department of State, Taliban, Office of Legal Counsel (DOJ), John C. Yoo, Alberto R. Gonzales, Richard (“Dick”) Cheney, Colin Powell, Al-Qaeda, Condoleezza Rice, Donald Rumsfeld, John Bellinger, George W. Bush, Geneva Conventions, David S. Addington

Timeline Tags: Torture of US Captives, Civil Liberties

John Walker Lindh is flown off the USS Bataan to the United States, arriving just three days before his first court hearing. [Associated Press, 1/22/2002; Fox News, 1/22/2002] Lindh’s attorneys will call this a deliberate attempt to hinder his defense. One of his lawyers, George C. Harris, says: “For 55 days [since he was taken in US custody] Lindh was essentially held incommunicado. Despite our requests and efforts we were unable to meet with him until he was brought back [to the US] on January 23. We were finally able to meet with him for a half an hour just before his first court hearing.” [World Socialist Web Site, 10/7/2002]

Entity Tags: John Walker Lindh, George C. Harris

Timeline Tags: Torture of US Captives

White House lawyer Alberto Gonzales completes a draft memorandum to the president advising him not to reconsider his decision (see January 18-25, 2002) declaring Taliban and al-Qaeda fighters ineligible for prisoner of war status as Colin Powell has apparently recommended. [US Department of Justice, 1/25/2004 pdf file; Newsweek, 5/24/2004] The memo recommends that President Bush accept a recent Office of Legal Counsel (OLC) memo saying that the president has the authority to set aside the Geneva Conventions as the basis of his policy (see January 9, 2002). [Savage, 2007, pp. 146]
Geneva No Longer Applies, Says Gonzales - Gonzales writes to Bush that Powell “has asked that you conclude that GPW [Third Geneva Convention] does apply to both al-Qaeda and the Taliban. I understand, however, that he would agree that al-Qaeda and the Taliban fighters could be determined not to be prisoners of war (POWs) but only on a case-by-case basis following individual hearings before a military board.” Powell believes that US troops will be put at risk if the US renounces the Geneva Conventions in relation to the Taliban. Rumsfeld and his chairman of the Joint Chiefs of Staff, Gen. Richard B. Myers, allegedly agree with Powell’s argument. [New York Times, 10/24/2004] But Gonzales says that he agrees with the Justice Department’s Office of Legal Counsel, which has determined that the president had the authority to make this declaration on the premise that “the war against terrorism is a new kind of war” and “not the traditional clash between nations adhering to the laws of war that formed the backdrop for GPW [Geneva Convention on the treatment of prisoners of war].” Gonzales thus states, “In my judgment, this new paradigm renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.” [Newsweek, 5/24/2004] Gonzales also says that by declaring the war in Afghanistan exempt from the Geneva Conventions, the president would “[s]ubstantially [reduce] the threat of domestic criminal prosecution under the War Crimes Act [of 1996]” (see August 21, 1996). The president and other officials in the administration would then be protected from any future “prosecutors and independent counsels who may in the future decide to pursue unwarranted charges.” [New York Times, 5/21/2004; Newsweek, 5/24/2004]
Memo Actually Written by Cheney's Lawyer - Though the memo is released under Gonzales’s signature, many inside the White House do not believe the memo was written by him; it has an unorthodox format and a subtly mocking tone that does not go with Gonzales’s usual style. A White House lawyer with direct knowledge of the memo later says it was written by Cheney’s chief lawyer, David Addington. Deputy White House counsel Timothy Flanigan passed it to Gonzales, who signed it as “my judgment” and sent it to Bush. Addington’s memo quotes Bush’s own words: “the war against terrorism is a new kind of war.” [Washington Post, 6/24/2007]
Powell 'Hits the Roof' over Memo - When Powell reads the memo (see January 26, 2002), he reportedly “hit[s] the roof” and immediately arranges for a meeting with the president (see January 25, 2002). [Newsweek, 5/24/2004]

Entity Tags: George W. Bush, Office of Legal Counsel (DOJ), Geneva Conventions, Alberto R. Gonzales, Colin Powell, David S. Addington, Al-Qaeda, Taliban, Richard B. Myers

Timeline Tags: Torture of US Captives, Civil Liberties

James Ho, an attorney-adviser to the Office of Legal Counsel (OLC), sends a classified memo to the OLC’s John Yoo. The memo, entitled “RE: Possible interpretation of Common Article 3 of the 1949 Geneva Convention Relative to the Treatment of Prisoners of War,” will remain secret, but according to the American Civil Liberties Union (ACLU), it is likely a legal interpretation of Common Article 3 of the Geneva Convention, the section addressing the treatment of prisoners of war. The ACLU believes the memo interprets the scope of prohibited conduct under Common Artlcle 3, and gives specificity to the phrases “outrages upon personal dignity” and “humiliating and degrading treatment.” It also believes that the memo determines that Geneva does not apply to conflicts with terrorist organizations. Yoo will cite this memo in his 2003 memo concerning the military interrogation of so-called enemy combatants (see March 14, 2003). [American Civil Liberties Union [PDF], 1/28/2009 pdf file; ProPublica, 4/16/2009]

Entity Tags: Office of Legal Counsel (DOJ), American Civil Liberties Union, John C. Yoo, James C. Ho, US Department of Justice

Timeline Tags: Civil Liberties

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

Accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) is charged with one count of credit card fraud. He has already been arrested on a material witness warrant pertaining to the investigation of the 9/11 attacks; since January, he has been in detention in New York City, where most of the investigations are centered. [Bradley Scout, 3/29/2002] According to the FBI, phone records link al-Marri with a phone number in the United Arab Emirates that was used by 9/11 hijacker Mohamed Atta and one of his associates, Ramzi bin Al-Shibh. Al-Marri’s lawyer, Richard Jasper, says there is no evidence linking al-Marri to the phone calls by Atta and bin al-Shibh, al-Marri merely attempted three phone calls to the same number. “Attempted—I don’t know what that means, do you?” Jasper says. “It’s the thinnest of inferences, actually. If you read the affidavit carefully there’s no direct or indirect evidence he made the calls. How do we know there wasn’t some kind of mistaken call or some flaw in recovering the numbers?” Al-Marri has family members in the UAE. [Chicago Sun-Times, 3/21/2002]

Entity Tags: Federal Bureau of Investigation, Al-Qaeda, Ali Saleh Kahlah al-Marri, Ramzi bin al-Shibh, Richard Jasper, Mohamed Atta

Timeline Tags: Torture of US Captives

The house in Faisalabad where Abu Zubaida will be arrested.The house in Faisalabad where Abu Zubaida will be arrested. [Source: PBS]At some time around February 2002, intelligence leads to the location of Abu Zubaida. He will be captured in Faisalabad, Pakistan, in late March 2002 (see March 28, 2002). However, accounts on what intelligence leads to Zubaida’s location differ greatly:
Call to Yemen? - According to the Associated Press, “Pakistani intelligence officials have said quietly that a mobile phone call Abu Zubaida made to al-Qaeda leaders in Yemen led to his arrest.” [Associated Press, 4/20/2002] This could be a reference to the “Yemen hub,” an important al-Qaeda communication node in Yemen that has long been monitored by US intelligence. The hub is used until the middle of February 2002, when it is raided and shut down (see February 13, 2002).
Bribes Play Key Role? - According to books by Jane Mayer and Ron Suskind, Pakistani intelligence officers in Pakistan’s tribal region notice a caravan of vehicles carrying tall women wearing burqas who turn out to be male Islamist militants in disguise. According to Suskind’s version, the militants are arrested, but refuse to talk. According to Mayer’s version, the caravan is allowed to proceed. However, both authors agree that a bribe to the driver of one of the cars reveals that their destination is Faisalabad, Pakistan. Suskind adds that the driver gives up the name of a contact in Faisalabad, and that contact is found and reveals that Zubaida has arrived in town. US intelligence begins intensively monitoring Faisalabad. Afterwards, Mayer claims that the CIA buys the ISI’s help. A CIA source involved in the situation will later tell Mayer, “We paid $10 million for Abu Zubaida.” [Suskind, 2006, pp. 84; Mayer, 2008] In 2006, Pakistani President Pervez Musharraf will write in a memoir, “Those who habitually accuse us of not doing enough in the war on terror should simply ask the CIA how much prize money it has paid to the Government of Pakistan.” [Musharraf, 2006, pp. 190]
CIA Tracks Zubaida's Calls? - According to a 2008 New York Times article, in February 2002, the CIA learns that Zubaida is in Lahore or Faisalabad, Pakistani cities about 80 miles apart and with a combined population of over 10 million. The Times does not say how the CIA learns this. The CIA knows Zubaida’s cell phone number, although it is not explained how this was discovered either. (However, it had been reported elsewhere that Zubaida’s number had been monitored since at least 1998 (see October 1998 and After) and was still being monitored after 9/11 (see September 16, 2001 and After) and October 8, 2001).) Specialists use an electronic scanner that can track any operating cell phone and give its approximate location. However, Zubaida only turns his phone on briefly to collect messages, so his location cannot be pinpointed. A talented CIA official named Deuce Martinez gets involved. He posts a large, blank piece of paper on a wall, and writes Zubaida’s phone number in the middle of it. Then he and others add linked phone numbers, using the monitoring capabilities of the NSA and Pakistani intelligence. A map of Zubaida’s contacts grows. Eventually, Martinez and others are able to narrow Zubaida’s location down to 14 addresses in Lahore and Faisalabad, and these places are put under surveillance. Rather than wait any longer for more intelligence, all 14 locations are raided at once in a joint Pakistani-CIA operation on March 28, 2002, and Zubaida is found in one of the Faisalabad addresses. [New York Times, 6/22/2008]
Key Call to Bin Laden or Al-Zawahiri? - Suskind’s book will also give the story of the CIA narrowing down the locations by monitoring local phone calls. He says that teams of CIA and FBI arrive in Faisalabad on March 17 for more intensive monitoring. Then, the key break comes near the end of the month, when two calls from a certain house in Faisalabad are made to phone numbers in Afghanistan that might be linked to Osama bin Laden or al-Qaeda number two leader Ayman al-Zawahiri. By this account, US intelligence already has a good idea which of the 14 locations Zubaida is in, because of those calls. [Suskind, 2006, pp. 87-89]
Explanations May Not Conflict - Note that these explanations do not necessarily conflict. For instance, bribes could have provided the lead that Zubaida was in Faisalabad, and then further CIA monitoring could have narrowed down his location there. Bribes also could have helped insure that Pakistani intelligence did not tip off Zubaida prior to the raid. The calls to Yemen and/or Afghanistan may have played a role along with other intelligence.

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Agency, Al-Qaeda, Central Intelligence Agency, Deuce Martinez, Abu Zubaida, US intelligence, Pervez Musharraf

Timeline Tags: Complete 911 Timeline, War in Afghanistan

An al-Qaeda operations leader gives American al-Qaeda member Jose Padilla (see September-October 2000) an assignment: target high-rise buildings in the US that use natural gas. Padilla and al-Qaeda leaders consider buildings in Florida, Washington, DC, and New York City as potential targets. Though al-Qaeda leaders consider Padilla an incompetent (see Mid-April 2002), they give him $15,000 to begin putting together a plan. [Associated Press, 6/2004] Instead, Padilla will be captured by FBI agents as he comes into Chicago (see May 8, 2002).

Entity Tags: Al-Qaeda, Federal Bureau of Investigation, Jose Padilla

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Jay Bybee, the chief of the Justice Department’s Office of Legal Counsel (OLC), issues a classified memo to William Howard Taft IV, the chief counsel of the State Department, titled “The President’s Power as Commander in Chief to Transfer Captive Terrorists to the Control and Custody of Foreign Nations.” The memo, actually written by Bybee’s deputy John Yoo, says Congress has no authority to block the president’s power to unilaterally transfer detainees in US custody to other countries. In essence, the memo grants President Bush the power to “rendition” terror suspects to countries without regard to the law or to Congressional legislation, as long as there is no explicit agreement between the US and the other nations to torture the detainees. [US Department of Justice, 3/12/2002 pdf file; Savage, 2007, pp. 148; American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009] The memo directly contradicts the 1988 Convention Against Torture (see October 21, 1994), which specifically forbids the transfer of prisoners in the custody of a signatory country to a nation which practices torture. Once the treaty was ratified by Congress in 1994, it became binding law. But Yoo and Bybee argue that the president has the authority as commander in chief to ignore treaties and laws that supposedly interfere with his power to conduct wartime activities. [Savage, 2007, pp. 148-149] In 2009, when the memos are made public (see March 2, 2009), Jennifer Daskal of Human Rights Watch says she is shocked at the memo: “That is [the Office of Legal Counsel] telling people how to get away with sending someone to a nation to be tortured. The idea that the legal counsel’s office would be essentially telling the president how to violate the law is completely contrary to the purpose and the role of what a legal adviser is supposed to do.” [Washington Post, 3/3/2009]

Entity Tags: John C. Yoo, Jay S. Bybee, Office of Legal Counsel (DOJ), US Department of Justice

Timeline Tags: Civil Liberties

The CIA comes up with a list of 10 “Enhanced Interrogation Techniques” that it will allow to be used on captured high-ranking al-Qaeda detainees. In 2005, ABC News will reveal six of the techniques on the list and describe them as follows:
bullet The Attention Grab: The interrogator forcefully grabs the shirt front of the prisoner and shakes him.
bullet The Attention Slap: An open-handed slap aimed at causing pain and triggering fear.
bullet The Belly Slap: A hard open-handed slap to the stomach. The aim is to cause pain, but not internal injury. Doctors consulted advised against using a punch, which could cause lasting internal damage.
bullet Long Time Standing: This technique is described as among the most effective. Prisoners are forced to stand, handcuffed and with their feet shackled to an eye bolt in the floor for more than 40 hours. Exhaustion and sleep deprivation are effective in yielding confessions.
bullet The Cold Cell: The prisoner is left to stand naked in a cell kept near 50 degrees. Throughout the time in the cell the prisoner is doused with cold water.
bullet Waterboarding: The prisoner is bound to an inclined board, feet raised, and head slightly below the feet. Cellophane is wrapped over the prisoner’s face and water is poured over him. Unavoidably, the gag reflex kicks in and a terrifying fear of drowning leads to almost instant pleas to bring the treatment to a halt. [ABC News, 11/18/2005]
The New York Times will later reveal that there are actually four more techniques on the list, but will not detail what they are. [New York Times, 11/9/2005]
Waterboarding Most Controversial Technique - Waterboarding will be the most controversial technique used. In centuries past, it was considered by some to be the most extreme form of torture, more so than thumbscrews or use of the rack. [Harper's, 12/15/2007] “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law,” says John Sifton of Human Rights Watch. CIA officials who allowed themselves to be waterboarded lasted, on average, 14 seconds before caving in. In addition, such confessions are dubious at best. “This is the problem with using the waterboard. They get so desperate that they begin telling you what they think you want to hear,” says one of the CIA sources. [ABC News, 11/18/2005]
List Compiled with Help from Egypt, Saudi Arabia - The list is secretly drawn up by a team including senior CIA officials, and officials from the Justice Department and the National Security Council. The CIA got help in making the list from governments like Egypt and Saudi Arabia that are notorious for their widespread use of torture (see Late 2001-Mid-March 2002). [New York Times, 11/9/2005] Apparently, “only a handful” of CIA interrogators are trained and authorized to use these techniques. Later this month, al-Qaeda leader Abu Zubaida will be captured and the CIA will begin using all of these techniques on him (see March 28, 2002). However, the White House will not give the CIA clear legal authority to do so until months after the CIA starts using these techniques on Zubaida (see March 28-August 1, 2002).
Techniques 'Cruel, Inhuman, and Degrading' under Treaty - In 2004, CIA Inspector General John Helgerson will determine in a classified report that these techniques appear to constitute cruel, inhuman, and degrading treatment under the Convention Against Torture, an international treaty signed by the US (see October 21, 1994 and May 7, 2004). Former CIA officer Robert Baer calls the use of such techniques “bad interrogation,” and notes, “[Y]ou can get anyone to confess to anything if the torture’s bad enough.” [ABC News, 11/18/2005]

Entity Tags: John Sifton, John Helgerson, Abu Zubaida, ABC News, Central Intelligence Agency, Robert Baer

Timeline Tags: Torture of US Captives, Civil Liberties

A suspected Taliban member named Abdullah is taken into US custody, together with 34 other members of the Taliban army. According to Abdullah, the men have their heads hooded and their hands tied behind their backs with plastic zip ties. They are then taken to the US base in Kandahar where for several hours they are ordered to lie down on the stony ground. During this time, Abdullah is kicked in the ribs. The men are shaved of all their facial and body hair. Abdullah later complains that he was shaved by a woman. [Amnesty International, 8/19/2003] This means that the technique of “forced grooming,” authorized by Defense Secretary Donald Rumsfeld for use at Guantanamo between December 2, 2002 and January 15, 2003 (see December 2, 2002), is allegedly already being used in Afghanistan in the spring of 2002. This technique is considered extremely humiliating for Muslim males.

Entity Tags: Donald Rumsfeld

Timeline Tags: Torture of US Captives, War in Afghanistan

Larry Thompson.
Larry Thompson. [Source: White House]Serious tensions develop between the FBI and Operation Greenquest investigators in the wake of the Greenquest raid on the SAAR network in March 2002 (see After March 20, 2002). The Customs Department launched Greenquest, an investigation into the financing of al-Qaeda and similar groups, weeks after 9/11. In June 2002, the Washington Post will headline an article, “Infighting Slows Hunt for Hidden al-Qaeda Assets.” [Washington Post, 6/18/2002]
FBI Wants Control of Greenquest - With the creation of the new Department of Homeland Security (see November 25, 2002), the FBI and its parent agency the Justice Department are given a chance to gain total control over Operation Greenquest. Newsweek reports, “Internally, FBI officials have derided Greenquest agents as a bunch of ‘cowboys’ whose actions have undermined more important, long-range FBI investigations into terrorist financing.” Meanwhile: “The FBI-Justice move, pushed by [Justice Department] Criminal Division chief Michael Chertoff and Deputy Attorney General Larry Thompson, has enraged Homeland Security officials.… They accuse the [FBI] of sabotaging Greenquest investigations—by failing to turn over critical information to their agents—and trying to obscure a decade-long record of lethargy in which FBI offices failed to aggressively pursue terror-finance cases. ‘They [the FBI] won’t share anything with us,’ [says] a Homeland Security official. ‘Then they go to the White House and they accuse us of not sharing. If they can’t take it over, they want to kill it.’”
Derails Greenquest's Investigation into Firm with Terrorist Ties - This battle has a large effect on the investigation into Ptech, a Boston-based computer company with ties to suspected terrorist financiers. When Ptech whistleblowers approach the FBI, the FBI “apparently [does] little or nothing in response” (see Shortly After October 12, 2001 and May-December 5, 2002). Then Greenquest launches an investigation in Ptech, which culminates in a raid on the Ptech offices in December 2002 (see December 5, 2002). “After getting wind of the Greenquest probe, the FBI stepped in and unsuccessfully tried to take control of the case. The result, sources say, has been something of a train wreck.” [Newsweek, 4/9/2003]
Greenquest Based on Single FBI Agent's Investigations - Greenquest appears to have been heavily based on the pre-9/11 investigations of FBI agent Robert Wright. The New York Post will report in 2004: “After 9/11, Wright’s work was picked up by David Kane of the US Customs Service, who raided companies owned by [Yassin] al-Qadi, leading to al-Qadi’s designation as a ‘global terrorist’ and to money-laundering indictments of companies in Northern Virginia linked to al-Qadi and Soliman Biheiri (another Wright investigatee). The [Greenquest] indictments rely heavily on Wright’s work.” [New York Post, 7/14/2004]
FBI Will Win Battle for Greenquest - The FBI will eventually win the battle with Homeland Security and Customs, and Greenquest will cease to exist at the end of June 2003 (see May 13-June 30, 2003). [Newsweek, 4/9/2003]

Entity Tags: Operation Greenquest, Larry D. Thompson, Federal Bureau of Investigation, Michael Chertoff, Ptech Inc.

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Oklahoma City mayor Kirk Humphreys visits the site of the World Trade Center, destroyed in the 9/11 attacks, and tells reporters that he cannot help but compare the scene to the damage done almost seven years ago in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), which resulted in the destruction of a federal building and cost the lives of 168 people. Humphreys is on a personal visit with his wife and teenaged daughter. They journey down into the bottom of the pit that once housed the World Trade Center. Humphreys gives some advice for New Yorkers coping with the trauma of the attacks, noting that while the two events have profound differences, the suffering and trauma of the survivors, and of the families and friends of those lost in the attacks, are similar. “The area of Ground Zero, 12 blocks or so, is about the size of our entire downtown,” Humphreys tells reporters. “I tell people that what happened on 9/11 would have wiped out something the size of downtown. But the World Trade Center was an attack on America, and so was Oklahoma City.… Ours was tough, but ours was a piece of cake compared to this one.” In many ways, he says, dealing with the emotional trauma suffered by Oklahoma citizens was the most difficult: “The physical is the easiest part, and right when you think it is over, you realize that you need to address those other needs.… On the morning of April 19, 1995, there were some people who woke up with their lives spinning out of control—and then the bomb went off. You are going to have many people struggling for a long time. More substance abuse. More divorce. More emotional burnout. More suicides.” Oklahoma City plans on opening an exhibit, “Shared Experience,” on April 19, the seven-year anniversary of the bombing. The exhibit will include tributes to the seven New York firefighters and two police officers who died on 9/11 and who helped in the 1995 rescue efforts. Deputy Chief Ray Downey, the leader of the special operations command who died while leading a team of firefighters into the South Tower, is credited with saving dozens of lives in the aftermath of the Oklahoma City bombing. When Downey died, he was wearing a Catholic rosary that had been given to him by Governor Frank Keating (R-OK). The others who rendered assistance in the 1995 blast, and who died on 9/11, are: New York Battalion Chief John J. Fanning; Captain Terence S. Hatton; Lieutenants Kevin C. Dowdell, Michael A. Esposito, and Peter C. Martin; Firefighter William D. Lake; Police Sergeant Michael S. Curtin; and Officer Thomas Langone. Humphreys says of the nine: “They were good men. They helped us in our time of need.” Humphreys was not mayor at the time of the bombing, but is credited with leading the rebuilding effort in Oklahoma City as well as reinvigorating the tourist trade. [New York Times, 3/25/2002]

Entity Tags: Kirk Humphreys, World Trade Center, Frank Keating, Kevin C. Dowdell, Thomas Langone, William D. Lake, Ray Downey, Michael A. Esposito, Michael S. Curtin, Peter C. Martin, John J. Fanning, Terence S. Hatton

Timeline Tags: Complete 911 Timeline, US Domestic Terrorism

When al-Qaeda logistics manager Abu Zubaida is arrested in late March 2002 (see March 28, 2002), his computer is searched. According to the Washington Post: “When agents found Zubaida’s laptop computer, a senior law enforcement source said, they discovered that the vast majority of people he had been communicating with were being monitored under FISA warrants or international spying efforts. ‘Finally, we got some comfort’ that surveillance efforts were working, said a government official familiar with Zubaida’s arrest.” The fact some of his contacts are monitored under FISA warrants indicates that they are in the US, as FISA warrants are only used for US targets (see 1978). The monitoring of Abu Zubaida’s communications began in the mid-1990s, at the latest (see (Mid-1996) and October 1998 and After), and continued after 9/11 (see October 8, 2001). [Washington Post, 2/9/2006] Some will later suggest that Zubaida may have had mental problems (see Shortly After March 28, 2002), but this apparently did not stop him from being a key al-Qaeda contact point. FBI agent Dan Coleman, an expert on al-Qaeda, will later say that the FBI “all knew he was crazy, and they knew he was always on the damn phone.” [Washington Post, 12/18/2007] Vincent Cannistraro, former head of the CIA’s Counter Terrorism Center, says of Zubaida shortly after Zubaida’s capture, “He was the guy that had the direct contact with prominent al-Qaeda cell leaders abroad, and he knew where they all were. He would have been the guy co-ordinating new attacks.” [Observer, 4/7/2002]

Entity Tags: Dan Coleman, Vincent Cannistraro, Abu Zubaida

Timeline Tags: Complete 911 Timeline

The house in Faisalabad, Pakistan, where Abu Zubaida is arrested.The house in Faisalabad, Pakistan, where Abu Zubaida is arrested. [Source: New York Times]Al-Qaeda leader Abu Zubaida is captured in Faisalabad, Pakistan. He is the first al-Qaeda leader considered highly important to be captured or killed after 9/11.
Zubaida Injured during Raid - A joint team from the FBI, the CIA, and the ISI, Pakistan’s intelligence agency, raids the house where Zubaida is staying. Around 3 a.m., the team breaks into the house. Zubaida and three others wake up and rush to the rooftop. Zubaida and the others jump to a neighbor’s roof where they are grabbed by local police who are providing back-up for the capture operation. One of Zubaida’s associates manages to grab a gun from one of the police and starts firing it. A shoot-out ensues. The associate is killed, several police are wounded, and Zubaida is shot three times, in the leg, stomach, and groin. He survives. About a dozen other suspected al-Qaeda operatives are captured in the house, and more are captured in other raids that take place nearby at the same time. [New York Times, 4/14/2002; Suskind, 2006, pp. 84-89] US intelligence had slowly been closing in on Zubaida’s location for weeks, but accounts differ as to exactly how he was found (see February-March 28, 2002). He had surgically altered his appearance and was using an alias, so it takes a few days to completely confirm his identity. [New York Times, 9/10/2006]
Link to Pakistani Militant Group - A later US State Department report will mention that the building Zubaida is captured in is actually a Lashkar-e-Toiba safehouse. Lashkar-e-Toiba is a Pakistani militant group with many links to al-Qaeda, and it appears to have played a key role in helping al-Qaeda operatives escape US forces in Afghanistan and find refuge in Pakistan (see Late 2001-Early 2002). [US Department of State, 4/30/2008]
Rendition - Not long after his arrest, Zubaida is interrogated by a CIA agent while he is recovering in a local hospital (see Shortly After March 28, 2002). He then is rendered to a secret CIA prison, where he is interrogated and tortured (see Mid-May 2002 and After). Throughout his detention, members of the National Security Council and other senior Bush administration officials are briefed about Zubaida’s captivity and treatment. [Senate Intelligence Committee, 4/22/2009 pdf file]
Is Zubaida a High-Ranking Al-Qaeda Leader? - Shortly after the arrest, the New York Times reports that “Zubaida is believed by American intelligence to be the operations director for al-Qaeda and the highest-ranking figure of that group to be captured since the Sept. 11 attacks.” [New York Times, 4/14/2002] But it will later come out that while Zubaida was an important radical Islamist, his importance was probably overstated (see Shortly After March 28, 2002).
Tortured While in US Custody - Once Zubaida has sufficiently recovered from his injuries, he is taken to a secret CIA prison in Thailand for more interrogation. [Observer, 6/13/2004; New York Review of Books, 3/15/2009] One unnamed CIA official will later say: “He received the finest medical attention on the planet. We got him in very good health, so we could start to torture him.” [Suskind, 2006, pp. 94-96, 100] Defense Secretary Donald Rumsfeld publicly vows that Zubaida will not be tortured, but it will later come out that he was (see Mid-May 2002 and After and April - June 2002). [New York Times, 4/14/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, National Security Council, Donald Rumsfeld, Lashkar-e-Toiba, Central Intelligence Agency, Federal Bureau of Investigation, Al-Qaeda, Bush administration (43), Abu Zubaida

Timeline Tags: Torture of US Captives, Complete 911 Timeline

In the wake of al-Qaeda leader Abu Zubaida’s arrest (see March 28, 2002), the FBI discovers much useful information (see Shortly After March 28, 2002). FBI agent Dan Coleman leads a team to sort through Zubaida’s computer files and documents. However, at the same time, some US officials come to believe that Zubaida’s prominence in al-Qaeda’s hierarchy has been overestimated. Many FBI officials conclude that he was used as little more than a travel agent for training camp attendees because he was mentally ill. [Suskind, 2006, pp. 94-96, 100]
FBI Agent Coleman: Zubaida Is Mentally Crippled - FBI counterterrorist operative Dan Coleman will go through Zubaida’s journals and other materials seized from his Faisalabad safe house. Coleman will say: “Abu Zubaydah was like a receptionist, like the guy at the front desk [of a hotel]. He takes their papers, he sends them out. It’s an important position, but he’s not recruiting or planning.” Because Zubaida is not conversant with al-Qaeda security methods, “[t]hat was why his name had been cropping up for years.” Of Zubaida’s diaries, Coleman will say: “There’s nothing in there that refers to anything outside his head, not even when he saw something on the news, not about any al-Qaeda attack, not even 9/11. All it does is reveal someone in torment. [Zubaida is physically and mentally crippled from wounds suffered fighting in Afghanistan in the early 1990s.] Based on what I saw of his personality, he could not be what they say he was.” [Vanity Fair, 12/16/2008] Coleman will add: “He knew very little about real operations, or strategy. He was expendable.” Zubaida’s diary evidences his apparent schizophrenia; he wrote it in three different personas, or voices, each with a different and distinctive personality. [Suskind, 2006, pp. 94-96, 100]
Islamist Al-Deen: Importance Overstated? - Noor al-Deen, a Syrian teenager, was captured along with Zubaida. The terrified al-Deen will readily answer questions from his captors, and will describe Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. Al-Deen will be sent to a detention facility in Morocco and later to Syria; his subsequent whereabouts and status will remain unknown to the public. [Washington Post, 3/29/2009]
Informant Says Zubaida Behaved Oddly - Other accounts back up this assessment. For instance, Omar Nasiri, a former informant for European intelligence agencies who met Zubaida in the 1990s, will later describe Zubaida’s odd behavior, saying he “shuffled around his home in near-total darkness, carrying a gas lantern from room to room. He barely spoke and would often communicate by pointing.” [New Yorker, 1/22/2007]
CIA Officer Scheuer: Zubaida Served as Key Hub - Michael Scheuer, who previously ran the CIA’s bin Laden unit (see February 1996), will later say of Zubaida’s importance: “I’d followed him for a decade. If there was one guy you could call a ‘hub,’ he was it.” Scheuer will describe Zubaida not as an actual al-Qaeda member, but “the main cog in the way they organized,” a point of contact for Islamists from many parts of the globe seeking combat training in the Afghan camps. Scheuer will say that Zubaida, a Palestinian, “never swore bayat [al-Qaeda’s oath of allegiance] to bin Laden,” and he was bent on causing damage to Israel, not the US. [Vanity Fair, 12/16/2008]
Involvement in Pre-9/11 Plots - However, Zubaida does appear to have been involved in numerous plots before 9/11 (see for instance November 30, 1999 and Early September 2001). Al-Qaeda operative Ahmed Ressam cooperated with US investigators after being arrested. He worked with Zubaida and suggested Zubaida was of some importance, but not one of al-Qaeda’s highest leaders. According to Ressam, Zubaida “is the person in charge of the [training] camps. He receives young men from all countries. He accepts you or rejects you. He takes care of the expenses of the camps. He makes arrangements for you when you travel coming in or leaving.” [Gunaratna, 2003, pp. 133] Furthermore, when Zubaida was caught, apparently he and several others staying with him were in the middle of building a bomb. According to one of the CIA officers who helped capture him, the soldering iron used in making the bomb was still hot when he was captured (see Shortly After March 28, 2002). [Senate Intelligence Committee, 4/22/2009 pdf file]
CIA Chief Tenet Rejects Diagnosis of Schizophrenia - In a 2007 book, former CIA Director George Tenet will claim that the reports that Zubaida was mentally unstable were “[b]aloney.… Apparently, the source of the rumor that Abu Zubaida was unbalanced was his personal diary, in which he adopted various personas. From that shaky perch, some junior Freudians leapt to the conclusion that Zubaida had multiple personalities. In fact, agency psychiatrists eventually determined that in his diary he was using a sophisticated literary device to express himself.” [Tenet, 2007, pp. 243]
Zubaida Touted as High-Level Terror Chief - Regardless, despite being briefed otherwise, President Bush and others in his administration will repeatedly tout the importance of capturing Zubaida and no hint of any doubts about his importance or sanity will be publicly expressed (see April 9, 2002 and After). [Suskind, 2006, pp. 94-96, 100]

Entity Tags: Ron Suskind, George J. Tenet, Dan Coleman, Bush administration (43), George W. Bush, Abu Zubaida, Ahmed Ressam, Omar Nasiri, Noor al-Deen

Timeline Tags: Complete 911 Timeline

FBI senior interrogator and al-Qaeda expert Ali Soufan, in conjunction with FBI agent Steve Gaudin, interrogate suspected al-Qaeda operative Abu Zubaida (see March 28, 2002) using traditional non-coercive interrogation methods, while Zubaida is under guard in a secret CIA prison in Thailand. A CIA interrogation team is expected but has not yet arrived, so Soufan and Gaudin who have been nursing his wounds are initially leading his questioning using its typical rapport-building techniques. “We kept him alive,” Soufan will later recall. “It wasn’t easy, he couldn’t drink, he had a fever. I was holding ice to his lips.” At the beginning, Zubaida denies even his identity, calling himself “Daoud;” Soufan, who has pored over the FBI’s files on Zubaida, stuns him by calling him “Hani,” the nickname his mother called him. Soufan and Gaudin, with CIA officials present, elicit what he will later call “important actionable intelligence” from Zubaida. To help get him to talk, the agents bring in a box of audiotapes and claim they contain recordings of his phone conversations. He begins to confess.
Zubaida Reveals KSM Is 9/11 Mastermind - Zubaida tells Soufan that Khalid Shaikh Mohammed was the mastermind of the 9/11 attacks, and confirms that Mohammed’s alias is “Mukhtar,” a vital fact US intelligence discovered shortly before 9/11 (see August 28, 2001). Soufan shows Zubaida a sheaf of pictures of terror suspects; Zubaida points at Mohammed’s photo and says, “That’s Mukhtar… the one behind 9/11” (see April 2002). Zubaida also tells Soufan about American al-Qaeda operative Jose Padilla (see March 2002 and Mid-April 2002). In 2009, Soufan will write of his interrogations of Zubaida (see April 22, 2009): “This experience fit what I had found throughout my counterterrorism career: traditional interrogation techniques are successful in identifying operatives, uncovering plots and saving lives.” When the CIA begins subjecting Zubaida to “enhanced interrogation tactics” (see Mid-April 2002), Soufan will note that they learn nothing from using those tactics “that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions… The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.” [Vanity Fair, 7/17/2007; Mayer, 2008, pp. 155; New York Times, 4/22/2009; Newsweek, 4/25/2009]
Standing Up to the CIA - The CIA interrogation team members, which includes several private contractors, want to begin using “harsh interrogation tactics” on Zubaida almost as soon as they arrive. The techniques they have in mind include nakedness, exposure to freezing temperatures, and loud music. Soufan objects. He yells at one contractor (whom other sources will later identify as psychologist James Mitchell—see Late 2001-Mid-March 2002, January 2002 and After and Between Mid-April and Mid-May 2002), telling him that what he is doing is wrong, ineffective, and an offense to American values. “I asked [the contractor] if he’d ever interrogated anyone, and he said no,” Soufan will later say. But, Mitchell retorts that his inexperience does not matter. “Science is science,” he says. “This is a behavioral issue.” Instead, Mitchell says, Soufan is the inexperienced one. As Soufan will later recall, “He told me he’s a psychologist and he knows how the human mind works.” During the interrogation process, Soufan finds a dark wooden “confinement box” that the contractor has built for Zubaida. Soufan will later recall that it looked “like a coffin.” (Other sources later say that Mitchell had the box constructed for a “mock burial.”) An enraged Soufan calls Pasquale D’Amuro, the FBI assistant director for counterterrorism. “I swear to God,” he shouts, “I’m going to arrest these guys!” Soufan challenges one CIA official over the agency’s legal authority to torture Zubaida, saying, “We’re the United States of America, and we don’t do that kind of thing.” But the official counters with the assertion that the agency has received approval from the “highest levels” in Washington to use such techniques. The official even shows Soufan a document that the official claims was approved by White House counsel Alberto Gonzales. It is unclear what document the official is referring to.
Ordered Home - In Washington, D’Amuro is disturbed by Soufan’s reports, and tells FBI director Robert Mueller, “Someday, people are going to be sitting in front of green felt tables having to testify about all of this.” Mueller orders Soufan and then Gaudin to return to the US, and later forbids the FBI from taking part in CIA interrogations (see May 13, 2004). [New York Times, 9/10/2006; Newsweek, 4/25/2009]
Disputed Claims of Effectiveness - The New York Times will later note that officials aligned with the FBI tend to think the FBI’s techniques were effective while officials aligned with the CIA tend to think the CIA’s techniques were more effective. [New York Times, 9/10/2006] In 2007, former CIA officer John Kiriakou will make the opposite claim, that FBI techniques were slow and ineffective and CIA techniques were immediately effective. However, Kiriakou led the team that captured Zubaida in Pakistan and does not appear to have traveled with him to Thailand (see December 10, 2007). [ABC News, 12/10/2007; ABC News, 12/10/2007 pdf file]
Press Investigation Finds that FBI Interrogations Effective - In 2007, Vanity Fair will conclude a 10 month investigation comprising 70 interviews, and conclude that the FBI techniques were effective. The writers will later note, “America learned the truth of how 9/11 was organized because a detainee had come to trust his captors after they treated him humanely.” CIA Director George Tenet reportedly is infuriated that the FBI and not the CIA obtained the information and he demands that the CIA team get there immediately. But once the CIA team arrives, they immediately put a stop to the rapport building techniques and instead begin implementing a controversial “psychic demolition” using legally questionable interrogation techniques. Zubaida immediately stops cooperating (see Mid-April 2002). [Vanity Fair, 7/17/2007]

Entity Tags: Steve Gaudin, Vanity Fair, Robert S. Mueller III, James Elmer Mitchell, Jose Padilla, Abu Zubaida, Ali Soufan, Khalid Shaikh Mohammed, Central Intelligence Agency, George J. Tenet, John Kiriakou, Federal Bureau of Investigation, Pasquale D’Amuro

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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