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

Entity Tags: James Madison, Charlie Savage

Timeline Tags: Civil Liberties

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

Entity Tags: James Madison

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Torture of US Captives

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives

A B-29 bomber similar to the one that crashed in Georgia.A B-29 bomber similar to the one that crashed in Georgia. [Source: Global Security (.org)]A test flight for the Air Force’s Project Banshee, located at Robins Air Force Base in Georgia, is set for 8:30 a.m. Banshee is an attempt begun in 1946 to develop and deploy a long-range missile ahead of both the Soviet Union and rival US military branches. The airplane used in the test flight crashes less than an hour into its flight, killing 9 of the 13 aboard.
Maintenance Problems - The plane assigned for the flight is a B-29 Stratofortress, a bomber made famous by its delivery of the atomic bombs to Hiroshima and Nagasaki at the end of World War II. B-29s are notoriously difficult to fly and maintain: their four wing-mounted engines almost routinely overheat and catch fire, causing engine shutdowns, sudden drops in altitude, and, often, crashes. The engines’ eighteen cylinders lack sufficient airflow to keep them cool, and the overheating often causes the crankcases, made of light but highly flammable magnesium, to burst into flames. Like so many of its brethren, the plane has suffered its share of maintenance issues, and is flying without numerous recommended maintenance and repair tasks being performed. Just five days before, it had been designated “red cross”—grounded and unfit for service. It was allowed to fly through an “exceptional release” signed by the squadron commander.
Crew Difficulties - The flight is moved back to the afternoon after some crew members fail to show up on time, and to allow last-minute repairs to be made. By takeoff, the flight crew is assembled: Captain Ralph Erwin; co-pilot Herbert W. Moore; flight engineer Earl Murrhee; First Lieutenant Lawrence Pence, Jr, the navigator; Sergeant Walter Peny, the left scanner; Sergeant Jack York, the right scanner; Sergeant Melvin Walker, the radio operator; and Sergeant Derwood Irvin, manning the bombsight and autopilot. The crew is joined by civilian engineers assigned to Banshee: Al Palya and Robert Reynolds from RCA, William Brauner and Eugene Mechler from the Franklin Institute, and Richard Cox from the Air Force’s Air Materiel Command. In violation of standard procedure, none of the crew or the civilians are briefed on emergency procedures, though Murrhee will later say that the crew were all familiar with the procedures; he is not so sure about the civilians, though he knows Palya and Reynolds have flown numerous test flights before. In another violation of Air Force regulations, none of the flight crew have worked together before. As author Barry Siegel will note in 2008, “The pilot, copilot, and engineer had never shared the same cockpit before.”
Engine Fire and Crash - Less than an hour into the flight, one engine catches fire and two others lose power, due to a combination of maintenance failures and pilot errors. The civilians have some difficulty getting into their parachutes as Erwin and Moore attempt to regain control of the aircraft. Four of the crew and civilians manage to parachute from the plane, but most remain on board as the airplane spirals into the ground on the edge of the Okefenokee Swamp, near Waycross, Georgia. Crew members Moore, Murrhee, and Peny survive, as does a single civilian, Mechler. Four others either jump at too low an altitude or die when their chutes foul the airplane; the other five never manage to leave the plane and die on impact.
Widows File Suit - Several of the civilians’ widows will file suit against the US Air Force, asserting that their husbands died because of Air Force negligence (see June 21, 1949). Their lawsuit will eventually become US v. Reynolds, a landmark Supreme Court case and the underpinning for the government’s claims of state secrets privilege (see March 9, 1953). [Siegel, 2008, pp. 3, 14-17, 33-49]

Entity Tags: Derwood Irvin, Barry Siegel, US Department of the Air Force, Walter Peny, William Brauner, Air Materiel Command, Richard Cox, Ralph Erwin, Robert Reynolds, Al Palya, Radio Corporation of America, Eugene Mechler, Earl Murrhee, Franklin Institute, Project Banshee, Melvin Walker, Lawrence Pence, Jr, Herbert W. Moore, Jr, Jack York

Timeline Tags: Civil Liberties

Initial Associated Press reports of a crash in Georgia of a B-29 that had been on a test flight for the Air Force’s secret Project Banshee (see October 6, 1948) acknowledge that “the plane had been on a mission testing secret electronic equipment which RCA developed and built under an Air Force contract… Full details of the plane’s mission were not disclosed.… The Air Force would say only that the bomber was engaged in ‘electronic research on different types of radar…’” Local papers have a bit more detail, with survivor accounts hinting at confusion and some contradictions between their versions of events and that being given out by official Air Force spokesmen. Later reports from the Air Force will downplay the B-29’s involvement in Project Banshee. [Siegel, 2008, pp. 56-58]

Entity Tags: Associated Press, US Department of the Air Force, Radio Corporation of America, Project Banshee

Timeline Tags: Civil Liberties

The Army Air Force’s Air Materiel Command receives the initial report on an investigation of a B-29 crash in Georgia (see October 6, 1948). Perceptions of the crash are colored by the fact that the bomber was carrying equipment from Project Banshee, a secret Air Force missile development initiative. The initial report is meticulously factual, providing an almost minute-by-minute account of the events preceding the crash as told by the four survivors and intensive examination of the debris. The report concludes that it would benefit future B-29 pilots to have more training on flying the plane when it has lost both engines on one wing, and a general recommendation that the pilot and crew should give civilian passengers better instruction in emergency procedures. Though the report is circumspect in the extreme in finding fault with the pilot and military personnel for the crash, and gives only vague and generalized recommendations to help prevent future crashes, the Air Force will heatedly deny that the pilots or crew could have been in any way responsible for the crash. In 2008, reporter Barry Siegel will write, “Years later, this particular claim, in fact Air Materiel Command’s entire position, would cause various veteran aviators to hoot.” Pilot error causing the crash is obvious, they will conclude. [Siegel, 2008, pp. 62-65]

Entity Tags: US Department of the Air Force, Barry Siegel, Air Materiel Command, Project Banshee

Timeline Tags: Civil Liberties

Frank Folsom, the executive vice president of the Radio Corporation of America’s RCA Victor Division, writes a letter to General Hoyt Vandenberg, the commander of the US Air Force. Folsom is inquiring about the deaths of two RCA employees in a recent B-29 crash in Georgia (see October 6, 1948). The plane had been on a secret test mission for the Air Force’s Project Banshee, a missile development project in which RCA is heavily involved. Folsom believes that the Air Force is downplaying the likelihood that pilot error caused the crash (see October 18, 1948), and tells Vandenberg that “certain steps will [need to be taken] if we are to participate in the future in Air Force flight test programs.” Folsom wants more pay and compensation for RCA employees participating in Air Force test programs, as well as newer and safer airplanes to be used in the test flights and a higher caliber of test pilots and crew members. Perhaps the portion of the letter that causes the most consternation among Air Force officials is Folsom’s request to read over the official accident reports. “When a crash has occurred, a copy of the official report… must be made available promptly to us,” he writes. “Needless to say, the report will not be disclosed except to those who are directly concerned.” Folsom’s letter will spark a new round of Air Force investigations into the crash, in hopes of mollifying Folsom. However, the report from this investigation will be classified at the highest level of security and not provided to RCA. Additionally, though the second investigation will find a strong likelihood of pilot error causing the crash, the Air Force will not admit any such findings to RCA. [Siegel, 2008, pp. 65-80] These accident reports will play a key role in the lawsuit filed against the US government by three widows of killed crew members (see June 21, 1949 and August 7-8, 1950).

Entity Tags: Hoyt Vandenberg, Frank Folsom, Project Banshee, Radio Corporation of America, US Department of the Air Force

Timeline Tags: Civil Liberties

Phyllis Brauner and Elizabeth Palya, who both lost their husbands in the “Project Banshee” B-29 crash (see October 6, 1948), file a civil action lawsuit against the US government in regards to the crash. The lawsuit claims that the US Air Force, in the person of the pilot and military crew members of the B-29, caused the deaths of their civilian husbands by “the negligence and wrongful acts and omissions of the officers and employees” of the US. The widows’ lawyer, Charles Biddle, asks the government for $300,000 per family. A third widow, Patricia Reynolds, will join the lawsuit in September 1949. One of the biggest issues surrounding the case is the lawsuit’s request that Biddle and his lawyers be given access to the official accident reports, which the government will claim cannot be revealed because they may contain classified information (see October 18, 1948 and August 7-8, 1950). Biddle’s promise that no one else will see the reports makes no impression on the government’s lawyers. [Siegel, 2008, pp. 100-101]

Entity Tags: Elizabeth Palya, Charles Biddle, Patricia Reynolds, Phyllis Brauner, US Department of the Air Force, Project Banshee

Timeline Tags: Civil Liberties

A federal judge orders the Air Force to turn over copies of its classified accident reports about a B-29 crash (see October 6, 1948) as part of a lawsuit filed by three of the widows of crew members killed in the crash (see June 21, 1949). Claiming that the reports may contain classified information about a secret missile development project, Project Banshee, the Air Force not only refuses to turn over the accident reports to the widows’ lawyer, it refuses to allow even the attorney general to view the documents (see August 7-8, 1950). The lawyer for the widows, Charles Biddle, will continue to press for the release of the accident reports. [Siegel, 2008, pp. 120-123]

Entity Tags: Charles Biddle, Project Banshee, US Department of the Air Force

Timeline Tags: Civil Liberties

The Air Force refuses to meet the court-imposed deadline to turn over accident reports of a 1948 B-29 crash in Georgia (see October 6, 1948) to the plaintiffs in a lawsuit against the government (see July 26, 1950). Instead, the Justice Department argues before the court that because the accident reports might contain “state secrets” that might imperil “national security” if made available to anyone outside the Air Force, the reports cannot be made available. “[T]he aircraft in question, together with the personnel on board, were engaged in a highly secret mission of the Air Force,” the government lawyers argue. “The airplane likewise carried confidential equipment on board and any disclosure of its mission or information concerning its operation or performance would be prejudicial to this department and would not be in the public interest.” Such a claim—that the production of the reports would “seriously hamper national security”—renders the reports “beyond judicial authority,” the Justice Department lawyers claim. [Siegel, 2008, pp. 124-126]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Weeks after the Justice Department refused to make accident reports of a 1948 B-29 crash (see October 6, 1948) available to the plaintiffs in an ongoing wrongful death lawsuit against the government (see July 26, 1950) because the reports are so highly classified that their disclosure might “seriously hamper national security” (see July 26, 1950 and August 7-8, 1950), the Air Force, in a routine review, drastically lowers the classification of the accident reports from top-level “Secret” to third-level “Restricted.” Whereas “Secret” documents supposedly contain information that “might endanger national security” if revealed, “Restricted” documents are “for official use only” and should not be disclosed “for reasons of administrative privacy.” The Air Force apparently no longer considers the documents a threat to national security. However, neither the plaintiffs’ lawyers, the judge hearing the lawsuit, or even the Justice Department lawyers are aware of the reports’ reduction in status. They continue to argue the merits of releasing the reports as if they are still highly classified. [Siegel, 2008, pp. 133]

Entity Tags: US Department of the Air Force, US Department of Justice

Timeline Tags: Civil Liberties

Federal judge William H. Kirkpatrick rules that the US government must turn over the disputed, and supposedly highly classified (see September 14, 1950), accident reports from a 1948 B-29 crash (see October 6, 1948)—not to the plaintiffs in the lawsuit over the crash (see July 26, 1950), but to Kirkpatrick himself. He wishes to review the reports to determine if they contain any information that might threaten national security, and, before turning the documents over to the plaintiffs’ lawyers, will personally remove that information. In mid-October, when the government again refuses to turn over the documents, Kirkpatrick will find in favor of the plaintiffs (see October 12, 1950). [Siegel, 2008, pp. 133-134]

Entity Tags: US Department of Justice, William H. Kirkpatrick

Timeline Tags: Civil Liberties

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

Entity Tags: Charles Biddle, William H. Kirkpatrick

Timeline Tags: Civil Liberties

The government, represented by a team of Justice Department lawyers, appeals the recent ruling against it in the ‘Banshee’ B-29 plane crash lawsuit (see June 21, 1949). In the Third US Circuit Appeals Court, the government argues that the lower court had no business demanding that the Air Force turn over classified accident reports about the crash, because the reports may contain information that would potentially compromise national security (see October 12-18, 1948 and September 14, 1950). The government had twice defied court orders to produce the documents, and as a result had lost the lawsuit (see October 12, 1950). The Justice Department’s arguments come down to the assertion that the judiciary has no constitutional right to compel the executive branch to turn over documents it considers privileged. In 2008, author Barry Siegel will write, “For the first time in the B-29 litigation, the government directly argued that the judiciary could not review [the government’s] claim of privilege.” The lawyer for the plaintiffs, Charles Biddle, counters that the executive branch has no such sweeping claim of privilege, and that a judge should be allowed to review documents in dispute to determine both their bearing on a case and the possibility that releasing those documents could jeopardize national security (see September 21, 1950). Three weeks later, the appeals court will rule unanimously against the government (see December 11, 1951). [Siegel, 2008, pp. 149-153]

Entity Tags: US Department of Justice, Charles Biddle, Barry Siegel

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

A Time magazine profile lambasts the racist, anti-Communist John Birch Society (JBS—see December 2011), in what is many Americans’ first exposure to the group. It delineates the organization’s penchant for secrecy, its domination by its “dictatorial” leader, Robert Welch, and its hardline battle against almost every element of the federal government as “agents of Communism.” Forty to 60 percent of the federal government is controlled by Communism, the JBS believes. Time calls the organization “a tiresome, comic-opera joke” that nonetheless has cells in 35 states and an ever-widening influence. In Wichita, Kansas, JBS student members are trained to inform their cell leaders of “Communist” influences they may detect in their classroom lectures, and the offending teacher is berated by parents. A Wichita businessman who wanted to give a donation to the University of Wichita decided not to donate after being hounded by local JBS members, who wanted the university to fire professors and remove selected books from its library. “My business would be wrecked,” the businessman explains, “if those people got on the phone and kept on yelling that I am a Communist because I give money to the school.” Nashville, Tennessee, JBS members organize community members to verbally attack neighbors whom they suspect of Communist affiliations. JBS’s current priority, Time writes, is to bring about the impeachment of Chief Justice Earl Warren. Welch, who obtained his wealth from his brother’s candymaking business, believes that Social Security and the federal income tax are all part of the “creeping socialism” that is taking over the federal government. He retired from the business in 1957 and founded the JBS shortly thereafter, naming it for a US Navy captain killed by Chinese Communist guerrillas after the end of World War II. Welch’s seminal tract, “The Politician,” accuses President Eisenhower and his brother Milton Eisenhower of being Communist plants, and accuses both men of treason against the nation. [Time, 3/10/1961]

Entity Tags: Milton Eisenhower, John Birch Society, Time magazine, Dwight Eisenhower, Robert Welch, Earl Warren

Timeline Tags: Domestic Propaganda

W. Cleon Skousen.W. Cleon Skousen. [Source: Skousen2000 (.com)]Author W. Cleon Skousen, a supporter of the John Birch Society (JBS—see December 2011), writes an article attacking the Time profile of the JBS (see March 10, 1961) as being part of an orchestrated Communist attack on the organization. The article came about after the international Communist Party “ordered” the “annihilation” of the JBS, Skousen says. Skousen denies the group’s penchant for secrecy, saying that it was openly set up in 1958 as a network of “study groups” examining the threat of Communism to American society. The organization, he writes, is nothing more than “a study group program with a strong bias in favor of traditional American constitutionalism.” By 1960, the JBS earned the enmity of competing conservative groups, Skousen says, because the organization “had rallied together most of the best informed and hardest working patriots in many cities.” However, he writes, JBS members tend to be part of other conservative movements as well. The JBS worked to defeat a bill, slated to be introduced in January 1961, that would largely defund the House Committee on Un-American Activities “so it could not investigate the Communist Party.” Skousen says that JBS efforts derailed the bill, handing the American Communist Party “an overwhelming defeat.” After the bill was defeated, Skousen says, “a manifesto… from Moscow” ordered the destruction of the JBS, as it posed the primary danger to “Communist progress” in the US. The Time magazine profile of the JBS was part of that effort, Skousen says, after the organization was attacked in the pages of the Daily People’s World, a West Coast publication that Skousen says was “the official Communist newspaper” of that area. Within days, the information in the article was reprinted in Time’s own article, which reached far more people than the People’s World. “[T]he thing which astonished me,” Skousen writes, “was the rapidity with which the transmission belt began to function so that this story was planted in one major news medium after another until finally even some of the more conservative papers had taken up the hue and cry.” Skousen calls the article a Communist plant filled with fabrications and lies. He says that JBS leader Robert Welch’s accusations that President Eisenhower and other pro-American world leaders are Communists were made in “private communication[s] to his friends” and were never part of official JBS principles, and took place well before Welch founded the JBS in 1957; therefore, Skousen writes, to report Welch’s characterizations is to smear the JBS. Skousen also denies any racism or anti-Semitism on the JBS’s part, and uses a sympathetic 1963 report by the California Senate Factfinding Committee to “prove” his claims. The report concluded that Welch and the JBS have “stirred the slumbering spirit of patriotism in thousands of Americans, roused them from lethargy, and changed their apathy into a deep desire to first learn the facts about communism and then implement that knowledge with effective and responsible action.” Skousen concludes that while Americans are free to disagree with JBS principles and actions, any criticism of the organization should be considered potential Communist propaganda designed to smear the organization and reduce its effectiveness. If the criticism does not come from Communists themselves, it plays into Communist hands. As he claims to have been told by “[a] former member of the Communist Party National Committee,” “The Communist leaders look upon the stamping out of the John Birch Society as a matter of life and death for the Party.” [Our Republic, 1963]

Entity Tags: W. Cleon Skousen, Robert Welch, Daily People’s World, Dwight Eisenhower, John Birch Society, Time magazine

Timeline Tags: Domestic Propaganda

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

Entity Tags: Washington Post, US Department of the Army

Timeline Tags: Torture of US Captives

The logo of the Posse Comitatus.The logo of the Posse Comitatus. [Source: Underground News Network]The Posse Comitatus, an anti-Semitic, right-wing “Christian Identity” organization (see 1960s and After), is founded by retired dry-cleaning executive Henry L. Beach in Portland, Oregon, who calls his organization the Sherriff’s Posse Comitatus (SPC) or Citizen’s Law Enforcement Research Committee (CLERC). Beach has supported Nazism since the 1930s, and formerly led a neo-Nazi organization called the Silver Shirts (see January 31, 1933). The Posse Comitatus is quickly taken over by William Potter Gale, a retired Army colonel who founded a similar organization called the US Christian Posse Association in Glendale, California, and manages to roll the two groups, and a few other loosely organized entities, into one. The Posse Comitatus dedicates itself to survivalism, vigilantism, and anti-government activities; its bylaws state that no federal or state governmental entity has any legal standing, and only county and town governments are legitimate. Furthermore, the organization believes that the entire federal government is controlled by Jews, and as such has no authority over whites. Beach’s original Posse manual states, “[O]fficials of government who commit criminal acts or who violate their oath of office… shall be removed by the posse to the most populated intersection of streets in the township and, at high noon, be hung by the neck, the body remaining until sundown as an example to those who would subvert the law.” According to a 1986 advisory published by the IRS, “members associated with some of the Posse groups wear tiny gold hangmen’s nooses on their lapels.” Posse members refuse to pay taxes whenever they can get away with it, and ignore laws that they feel cannot be enforced by “the enemy.” Instead, they claim to abide by a “common law,” defined as a set of principles that they themselves create and change at will. The organization begins making inroads into the farm communities of the Northwest and Upper Midwest after federal mismanagement of agricultural policies threatens the livelihood of many area farmers; the Posse tells them, “Farmers are victims of a Jewish-controlled government and banking system, federal taxes are illegal and loans need not be repaid.” Some area farmers embrace the message, and the Posse begins heavily recruiting in Michigan. [Ian Geldard, 2/19/1995; Nicole Nichols, 2003]
Anti-Government, Anti-Tax Ideology - The Posse Comitatus believes that the federal and state governments are inherently illegal and have no authority whatsoever; the highest elected official of the land, it says, is the county sheriff, who can form juries and call out “posses” of citizens to enforce the law as necessary. The movement strongly opposes paying taxes, particularly to the Internal Revenue Service (IRS), and considers money issued by the Federal Reserve System as illegal. It says that the Constitution’s 16th Amendment, which gave Congress the right to tax citizens’ incomes, was illegally ratified and therefore unconstitutional; moreover, it says, careful examination of federal law tells it that income taxes are entirely voluntary. The Federal Reserve System is, as one Posse publication puts it, “a private monopoly which neither the people nor the states authorized in the Constitution.” The Federal Reserve’s printed money violates the Constitution. Some, but not all, Posse Comitatus members also express racist and separatist views similar to those of Christian Identity believers (see 1960s and After); these members say that the Federal Reserve is controlled by a small cabal of international Jewish bankers who intend to destroy the American economy. [Mark Pitcavage, 5/6/1996; US Constitution: Sixteenth Amendment, 2011; Anti-Defamation League, 2011] Posse Comitatus members use the threat of violence, and sometimes actual violence, to express their anti-tax and anti-government ideologies (see 1972 and 1974).
Township Movement - The Posse spawns a directly related ideology, the “township movement,” led in part by Utah resident Walt P. Mann. Township advocates advocate setting up small sovereign communities that are answerable only to themselves. The Posse will set up a “constitutional township” on a 1,400-acre plot in Wisconsin and name it “Tigerton Dells,” posting signs that say, “Federal Agents Keep out; Survivors will be Prosecuted.” Tigerton Dells will appoint its own judges and foreign ambassadors before federal authorities seize the property (see 1984).
Movement Spreads throughout Northwest, Plains States - By 1976, an FBI report says that the Posse Comitatus movement will consist of up to 50,000 adherents throughout the Northwest and Great Plains states. The center of the movement is at Tigerton Dells; Posse members there will disrupt local government meetings and assault public officials. The farm crisis of the early 1980s will allow the Posse to begin converting angry, frightened farmers throughout the region. In 1996, the Anti-Defamation League’s Mark Pitcavage will write, “The Posse offered up targets for people to blame: the courts, the money system, the federal government, the Jews.”
Waging Legal Battles - While some Posse members offer violence to law enforcement and public officials (see February 13, 1983 and After), most of their battles with the government take place in court. Posse members most frequently use two common legal strategems: filing frivolous liens on the properties of public officials who oppose or anger them, particularly IRS agents, and flooding the courts with a barrage of legal documents, filings, motions, and appeals. The liens carry no legal weight but sometimes damage the recipients’ credit scores and interfere with the recipients’ ability to buy or sell property. The court documents, often written in arcane, archaic, and contradictory legal language, clog the court system and frustate judges and prosecutors. A related tactic is the establishment of “common law courts,” vigilante courts that often threaten public officials. [Mark Pitcavage, 5/6/1996]
Inspiration to Other Groups - The Posse Comitatus’s ideology will inspire other anti-government groups, such as the Montana Freemen (see 1993-1994).

Entity Tags: US Federal Reserve, William Potter Gale, Walt P. Mann, Internal Revenue Service, Posse Comitatus, Federal Bureau of Investigation, Henry L. Beach, Mark Pitcavage, Sherriff’s Posse Comitatus, US Christian Posse Association

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

Andreas Strassmeir, a frequent Elohim City resident and arms expert.Andreas Strassmeir, a frequent Elohim City resident and arms expert. [Source: Eye on Hate (.com)]Robert Millar, a former Mennonite who left Canada for the US in the early 1950s, moves to the Ozark Mountain region of eastern Oklahoma and founds what he calls “Elohim City,” a small compound populated by his four sons and 12 other followers. Elohim City grows to become a 400-acre compound populated with 70 to 100 “Christian Identity” white supremacists and religious extremists, who believe that whites are the only true people and all others are subhuman “mud people” (see 1960s and After). Elohim is a Hebrew word for God. Elohim City, accessible only via a rocky road and a single steel bridge, soon becomes a haven for violent right-wing extremists, including Timothy McVeigh, who will call the compound two weeks before bombing a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and Andreas “Andy the German” Strassmeir, a German weapons buff with ties to neo-Nazi groups and an alleged co-conspirator of McVeigh’s (see August 1994 - March 1995). The residents receive intensive paramilitary training, often led by Strassmeir, and the compound contains a large arsenal of weapons. Elohim City becomes the headquarters of the Aryan Republican Army (see 1992 - 1995), an organization that has Strassmeir as its “chief of security.” Some of the Elohim City residents such as ARA member Dennis Mahon come to believe that Strassmeir is a government informant. Author Nicole Nichols, an expert on right-wing hate groups, will later say she believes Strassmeir is the infamous “John Doe #2” of the Oklahoma City bombing (see April 20, 1995). [Associated Press, 2/23/1997; Time, 2/24/1997; Nicole Nichols, 2003; Nicole Nichols, 2003; Nicole Nichols, 2003] A 2002 report by the Anti-Defamation League says that after the Oklahoma City bombing, Elohim City changes to become a less militant settlement, populated largely by white separatists and religious fundamentalists seeking to withdraw from the world. Before his death in 2001, Millar says: “Somebody said, ‘You’re not a racist, you’re a purist.’ I sort of liked that.” John Millar, who becomes the community leader after his father’s death, says: “[W]e consider ourselves survivalists in the sense that we want to survive the best way we can.… We have weapons, but any person within 15 miles of us has more weapons per household than we do. We don’t make a big thing about weapons. We don’t think we can keep the National Guard away with a few weapons.” An unnamed government informer tells a New York Post reporter in June 2001: “McVeigh is a hero inside Elohim City. They look upon him ‘as a martyr to their cause.’” [Anti-Defamation League, 8/9/2002]

Entity Tags: Nicole Nichols, Dennis Mahon, Aryan Republican Army, Anti-Defamation League, Andreas Strassmeir, Elohim City, John Millar, Timothy James McVeigh, Robert Millar

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties, Nixon and Watergate

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Civil Liberties

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

Entity Tags: People’s Mujahedin of Iran

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

Bruce Ivins teaching a child how to juggle in 1983.Bruce Ivins teaching a child how to juggle in 1983. [Source: Sam Yu / Frederick News-Post]Future anthrax attacks suspect Bruce Ivins begins working at USAMRIID, the US Army’s top bioweapons laboratory. He will continue working there until a few weeks before his suicide in July 2008 (see July 29, 2008). He has master’s and doctoral degrees in microbiology. His work at USAMRIID will generally focus on developing anthrax vaccines. He frequent conducts experiments on animals to test vaccines for various types of anthrax exposure. His experiments use only wet anthrax, not the dry powdered anthrax that will be used in the 2001 anthrax attacks. Ivins has a stable decades-long marriage, several children, and is popular with colleagues and friends. One coworker will later say: “a lot of people cared about him.… He is not Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). He’s not the Unabomber” (see April 3, 1996). [Los Angeles Times, 8/1/2008; Washington Post, 8/2/2008]

Entity Tags: Bruce Ivins

Timeline Tags: 2001 Anthrax Attacks

A federal court rules that because of the government’s “state secrets” privilege (see March 9, 1953), a civilian plaintiff suing the US Navy over a contractual agreement cannot even access “non-privileged,” or unclassified, information from the Navy because to do so might “threaten disclosure” of material that goes against “the overriding interest of the United States… preservation of its state secrets privilege precludes any further attempt to pursue litigation.” [Siegel, 2008, pp. 196-197]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

State Department intern Richard Barlow.State Department intern Richard Barlow. [Source: Richard Barlow]Richard Barlow, an intern at the State Department’s Arms Control and Disarmament Agency (ACDA), finds that Pakistan has been attempting to build a nuclear bomb since the early 1970s, but his superiors do not follow up and he loses his job in a reorganization. Barlow, who has recently graduated from university after writing a thesis on counter-proliferation intelligence, is concerned about the burgeoning black markets in nuclear weapons technology. He will later comment, “Everywhere I looked I kept coming up against intelligence about Pakistan’s WMD program. I thought I was telling them what they needed to hear, but the White House seemed oblivious.” One reason the White House appears deaf is that Pakistan is now an important US ally, as it is a major supply point for the CIA-backed anti-Soviet Afghan mujaheddin. In addition, a group of “Republican hawks,” including Paul Wolfowitz, has convinced President Ronald Reagan that America needs a new strategy against potential nuclear threats, since long-term policies such as détente and containment are supposedly not working. When Reagan starts to build up US arms, the staff at ACDA is cut by a third and Barlow is one of the employees who loses his job. [Guardian, 10/13/2007]

Entity Tags: US Department of State, Ronald Reagan, Paul Wolfowitz, Richard Barlow, Arms Control and Disarmament Agency

Timeline Tags: A. Q. Khan's Nuclear Network

President Ronald Reagan issues Executive Order 12333, which directs the US intelligence community to provide foreign intelligence data to the White House. The order reads in part, “[A]gencies are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the agency concerned and approved by the Attorney General.” It establishes rules of conduct for the intelligence agencies, and mandates a certain level of Congressional oversight. [Executive Order 12333 -- United States intelligence activities, 4/5/2007] It also establishes the basis for what are later called “National Security Letters.” These NSLs, originally envisioned for use to compile information in hunts for foreign criminals and suspected terrorists, will later be used by the administration of George W. Bush to order US booksellers, librarians, employers, Internet providers, and others to turn over records and information they compile on US citizens, with strict adjuncts against allowing those targeted for surveillance to know about the NSLs and with virtually no government oversight (see October 25, 2005). [Washington Post, 11/6/2005] It does not, as some have later asserted, directly prohibit the assassination of targeted foreign subjects—i.e. terrorist suspects and even foreign leaders—though it does restrict the use of assassination by US government operatives to certain very restricted circumstances centered around critical aspects of national security. [Parks, 11/2/1989 pdf file]

Entity Tags: Ronald Reagan, George W. Bush, National Security Letters, Bush administration (43)

Timeline Tags: Civil Liberties

In the second of two rulings in the case of Halkin v Helms, the judiciary comes down squarely on the side of the US government against charges of illegal surveillance and wiretapping leveled against American anti-war protesters. The district and appellate courts uphold the federal government’s “state secrets” claim as codified in US v Reynolds (see March 9, 1953), thereby denying the plaintiffs the right to see government information that they claim would prove their case. The DC Court of Appeals writes that the federal courts do not have any constitutional role as “continuing monitors of the wisdom and soundness of Executive action,” and instead the courts “should accord utmost deference to executive assertions of privilege on grounds of military or diplomatic secrets… courts need only be satisfied that there is a reasonable danger” that military secrets might be exposed. [Siegel, 2008, pp. 196-196]

Timeline Tags: Civil Liberties

CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community.CSA members outside their Arkansas compound. Some CSA members also belong to the Elohim City community. [Source: GifS (.com)]Three white supremacists living in the Elohim City, Oklahoma, compound (see 1973 and After) visit Oklahoma City and make plans to blow up the Murrah Federal Building there. The three are: James Ellison, the leader of the Covenant, Sword, and Arm of the Lord (CSA) who will be arrested in 1985 after a four-day standoff with federal authorities; Kerry Noble; and Richard Wayne Snell, who will be executed for murdering a black police officer and a businessman he erroneously believed to be Jewish (see 9:00 p.m. April 19, 1995). All three men have close ties to the neo-Nazi Aryan Nations (see Early 1970s). The evidence of their plan is released during the investigation of the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and is collated by former US prosecutor Steven N. Snyder, who once worked out of the Fort Smith, Arkansas District Attorney’s office. The plan involves parking a van or trailer in front of the building and exploding it with rockets detonated by a timer. Snyder will come across the information on the bombing plot while preparing for the trial of a sedition case against a 14-man group of white supremacists, 10 of whom are charged with planning to overthrow the government. (All 14 will be acquitted in a 1988 trial—see Late 1987 - April 8, 1998.) Snyder will get the information from Ellison, who provides information to him as part of his role as chief witness for the prosecution. The other defendants in the trial, many of whom are believed to have had some connection to the bombing plot, will be Richard Butler, the head of Aryan Nations; Robert E. Miles, a former Klansman who heads the Mountain Church of Jesus Christ the Saviour in Cohoctah, Michigan; and Louis R. Beam Jr., a former grand dragon of the Texas Ku Klux Klan and “ambassador at large” of the Aryan Nations. Ellison will tell Snyder that in July 1983, he attends a meeting of extremist groups in Hayden Lake, Idaho, the location of the Aryan Nations headquarters, where he informs them of the death of fellow white supremacist Gordon Kahl in a gun battle with law enforcement agents in Arkansas (see March 13 - June 3, 1983). Snyder’s notes of Ellison’s statement read, “Kahl was the catalyst that made everyone come forth and change the organizations from thinkers to doers.” According to Ellison, the leaders of the various supremacist groups discuss how to overthrow the federal government, using as a sourcebook the novel The Turner Diaries (see 1978), which tells of a successful move by white supremacists to overthrow the government and then commit genocide against Jews and blacks. Ellison will tell Snyder that he volunteers to assassinate federal officials in Arkansas as part of the plot. The leaders discuss blowing up the Murrah Building in Oklahoma City, other federal buildings, and the Dallas office of a Jewish organization. According to Ellison’s trial testimony, in October 1983 Snell and another participant, Steve Scott, “asked me to design a rocket launcher that could be used to destroy these buildings from a distance.” Of Snell, Ellison will testify: “On one of the trips when I was with Wayne, he took me to some of the buildings and asked me to go in the building and check the building out. This kind of thing.” Ellison will tell Snyder that at Snell’s request, he surveills the Murrah Building to assess what it would take to damage and destroy it. He makes preliminary sketches and drawings. According to the preliminary plans, rocket launchers are to be “placed in a trailer or a van so that it could be driven up to a given spot, parked there, and a timed detonating device could be triggered so that the driver could walk away and leave the vehicle set in position, and he would have time to clear the area before any of the rockets launched.… And I was asked to make it so it would fit in either a trailer or a van or a panel truck.” Synder will later say that Snell is embittered towards the government because of the IRS, which took him to court and seized property from him for failure to pay taxes. But, Snyder will add, “you can’t be sure about any of this, because a federal raid, to a lot of these people, is any time the postman brings the mail.” Ellison will be taken into custody after a four-day standoff with state and federal authorities in 1985, only convinced to surrender after white supremacist Robert Millar talks him into giving up (see 1973 and After). Ellison will be convicted of racketeering charges and sentenced to 20 years in prison. He will enter the federal witness protection program until completing his parole and leaving the program on April 21, 1995, two days after the Oklahoma City bombing. [New York Times, 5/20/1995; Anti-Defamation League, 8/9/2002; Nicole Nichols, 2003]

Entity Tags: Louis R. Beam, Jr, James Ellison, Gordon Kahl, Elohim City, Covenant, Sword, and Arm of the Lord, Aryan Nations, Kerry Noble, Murrah Federal Building, Richard Girnt Butler, Robert Millar, Steve Scott, Steven N. Snyder, Richard Wayne Snell, Robert E. Miles

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

1984: Reagan Announces End to Aid for Contras

US President Ronald Reagan publicly claims to end aid to the contras in accordance with a congressional ban. However his administration continues the support, leading to the Iran-Contra scandal. [BBC, 6/5/2004; Columbia Encyclopedia. Sixth edition, 2005]

Entity Tags: Ronald Reagan

Timeline Tags: US-Nicaragua (1979-), Iran-Contra Affair

Detective Sergeant Peter Caram, the head of the New York Port Authority’s Terrorist Intelligence Unit, has been directed by the assistant superintendent of the Port Authority Police Department to compile a report on the vulnerability of the WTC to a terrorist attack. Having previously worked at the WTC Command, Caram has exclusive knowledge of some of the center’s security weaknesses. On this day he issues his four-page report, titled “Terrorist Threat and Targeting Assessment: World Trade Center.” It looks at the reasoning behind why the WTC might be singled out for attack, and identifies three areas of particular vulnerability: the perimeter of the WTC complex, the truck dock entrance, and the subgrade area (the lower floors below ground level). Caram specifically mentions that terrorists could use a car bomb in the subgrade area—a situation similar to what occurs in the 1993 bombing (see February 26, 1993). [Caram, 2001, pp. 5, 84-85; New York County Supreme Court, 1/20/2004] This is the first of several reports during the 1980s, identifying the WTC as a potential terrorist target.

Entity Tags: World Trade Center, Peter Caram

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Alan Berg.Alan Berg. [Source: Denver Post]Alan Berg, a Jewish, progressive talk show host for Denver’s KOA 850 AM Radio, is gunned down in his driveway as he is stepping out of his car. The murder is carried out by members of the violent white-supremacist group The Order (see Late September 1983), a splinter group of the Aryan Nations white nationalist movement. Berg, who was described as often harsh and abrasive, regularly confronted right-wing and militia members on his show. Federal investigators learn that The Order’s “hit list” includes Berg, television producer Norman Lear, a Kansas federal judge, and Morris Dees, a civil rights lawyer and co-founder of the Southern Poverty Law Center (SPLC). Radio producer Anath White later says that some of Berg’s last shows were particularly rancorous, involving confrontational exchanges with anti-Semitic members of the Christian Identity movement (see 1960s and After). “That got him on the list and got him moved up the list to be assassinated,” White will say. [HistoryLink, 12/6/2006; Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009]
Preparing for the Murder - Order leader Robert Jay Mathews had already sent a colleague to Denver to determine if Berg was a viable target (see May 17, 1984). The four members of the assassination team—Mathews, Bruce Pierce, David Lane, and Richard Scutari—assemble at a local Motel 6 to review their plans. Pierce, the assassin, has brought a .45 caliber Ingram MAC-10 submachine gun for the job. All four men begin to surveill Berg’s townhouse.
Gunned Down - At 9:21 p.m., Berg drives his Volkswagen Beetle into his driveway. Lane, the driver, pulls up behind him. Mathews leaps out of the car and opens the rear door for Pierce, who jumps out and runs up the driveway. Berg exits his vehicle with a bag of groceries. Pierce immediately opens fire with his submachine gun, pumping either 12 or 13 bullets into Berg’s face and body before the gun jams. (Sources claim both figures of bullet wounds in Berg as accurate.) Pierce and Mathews get back into their car, rush back to the Motel 6, gather their belongings, and leave town. Three of the four members of the “hit squad” will soon be apprehended, charged, and convicted. Pierce is sentenced to 252 years in prison, including time for non-related robberies, and will die in prison in 2010; Lane is given 150 years, and will die in prison in 2007. Neither man is prosecuted for murder, as the evidence will be determined to be inconclusive; rather, they will be charged with violating Berg’s civil rights. Scutari, accused of serving as a lookout for Pierce, and Jean Craig, accused of collecting information on Berg for the murder, will both be acquitted of culpability in the case, but will be convicted of other unrelated crimes. Mathews will not be charged due to lack of evidence of his participation; months later, he will die in a confrontation with law enforcement officials (see December 8, 1984). [Rocky Mountain News, 5/1/2007; Denver Post, 6/18/2009; Denver Post, 8/17/2010] In sentencing Pierce to prison, Judge Richard Matsch will say of the murder, “The man [Berg] was killed for who he was, what he believed in, and what he said and did, and that crime strikes at the very core of the Constitution.” [Denver Post, 8/17/2010]
Re-Enacting a Fictional Murder? - Some will come to believe that the assassins may have attempted to re-enact the fictional murder of a Jewish talk-show host depicted in The Turner Diaries (see 1978). [Rocky Mountain News, 5/1/2007; The Moderate Voice, 11/30/2007]
'Opening Shot ... of a Truly Revolutionary Radical Right' - Mark Potok of the SPLC will characterize Berg’s murder as an early event leading to the 1995 Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). “In a sense, it was one of the opening shots of a truly revolutionary radical right,” Potok will say, “perfectly willing to countenance the mass murder of American civilians for their cause.” [Denver Post, 6/18/2009] Berg’s ex-wife, Judith Berg, will travel around the country in the years after her ex-husband’s murder, speaking about what she calls the “disease and anatomy of hate,” a sickness that can infect people so strongly that they commit horrible crimes. In 2007, she will tell a reporter that Berg’s murder was a watershed event that inspired more hate-movement violence. “What happened to Alan in the grown-up world has reached into the youth culture,” she will say. “It opened the door to an acceptance of violence as a means of acting on hate.… While our backs are turned toward overseas, hate groups are having a heyday. People are very unhappy; they’re out of work and jobs are scarce. They’re ripe for joining extremist groups. We need to understand what happened to make sure it doesn’t happen again.” [Rocky Mountain News, 5/1/2007] White later says of Pierce, Lane, and their fellows: “It’s left me to wonder what makes somebody like this. I think these people didn’t have much opportunity in their lives and scapegoat. They blame others for not making it.” [Denver Post, 8/17/2010]

Entity Tags: Norman Lear, Robert Jay Mathews, Richard Scutari, Morris Dees, Richard P. Matsch, Mark Potok, Jean Margaret Craig, Judith Berg, Alan Berg, Anath White, Aryan Nations, Bruce Carroll Pierce, David Edan Lane, KOA 850 AM Radio, The Order

Timeline Tags: US Domestic Terrorism

The DC Court of Appeals rejects a claim by civilian plaintiffs to force the government to disclose classified information as part of a lawsuit, citing the “state secrets” privilege (see March 9, 1953). Furthermore, the court broadens the definition of “state secrets” to include “disclosure of intelligence-gathering methods or capabilities and disruption of diplomatic relations.” [Siegel, 2008, pp. 197]

Timeline Tags: Civil Liberties

A 2007 satellite image of the Khan Research Laboratories in Kahuta.A 2007 satellite image of the Khan Research Laboratories in Kahuta. [Source: GeoEye]Richard Barlow, an analyst working on Pakistan’s nuclear program who was released by the State Department in the early 1980s (see 1981-1982), is hired by the CIA’s Office of Scientific and Weapons Research (OSWR). Barlow re-analyzes the data and confirms his earlier conclusions—that Pakistan is pursuing a covert nuclear weapons program. Barlow learns about the trade in dual-use components—tools and equipment that can be used to make nuclear weapons, but also for other, non-nuclear purposes, meaning trade in them is hard to spot and regulate. One example of this is a California couple that exports dozens of high-speed cathode-ray oscilloscopes and special cameras to Hong Kong, where they are picked up by Pakistani agents. Barlow realizes that such a large number of oscilloscopes must be for nuclear weapons manufacturing, and also finds a link between the purchase and the Pakistan Atomic Energy Commission (PAEC). Barlow will later comment, “There was tons of it and most of it was ending up in [Pakistan]. Pakistan had a vast network of procurers, operating all over the world.” Barlow also finds that the material is going to a secret nuclear facility near Islamabad, the Khan Research Laboratories, where sensors pick up high levels of enriched uranium in the air and in dust on [trucks] leaving the laboratories. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Despite this, in order to prevent Congress from cutting of aid to the anti-Soviet mujaheddin, which flows through Pakistan, US authorities will repeatedly insist Pakistan is not working on a nuclear program (see August 1985-October 1990).

Entity Tags: Richard Barlow, Office of Scientific and Weapons Research (CIA), Central Intelligence Agency, Pakistan Atomic Energy Commission, Kahuta Research Laboratories

Timeline Tags: A. Q. Khan's Nuclear Network

In 1985, US Congress passes legislation requiring US economic sanctions on Pakistan unless the White House can certify that Pakistan has not embarked on a nuclear weapons program (see August 1985 and August 1985). The White House certifies this every year until 1990 (see 1987-1989). However, it is known all the time that Pakistan does have a continuing nuclear program. For instance, in 1983 a State Department memo said Pakistan clearly has a nuclear weapons program that relies on stolen European technology. Pakistan successfully builds a nuclear bomb in 1987 but does not test it to keep it a secret (see 1987). With the Soviet-Afghan war ending in 1989, the US no longer relies on Pakistan to contain the Soviet Union. So in 1990 the Pakistani nuclear program is finally recognized and sweeping sanctions are applied (see June 1989). [Gannon, 2005] Journalist Seymour Hersh will comment, “The certification process became farcical in the last years of the Reagan Administration, whose yearly certification—despite explicit American intelligence about Pakistan’s nuclear-weapons program—was seen as little more than a payoff to the Pakistani leadership for its support in Afghanistan.” [New Yorker, 3/29/1993] The government of Pakistan will keep their nuclear program a secret until they successfully test a nuclear weapon in 1998 (see May 28, 1998).

Entity Tags: US Congress, White House, Pakistan

Timeline Tags: Complete 911 Timeline, A. Q. Khan's Nuclear Network

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

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

Timeline Tags: Civil Liberties

Ralph Tarr, the acting head of the Justice Department’s Office of Legal Counsel, drafts a memo explaining how the White House has issued signing statements up until now (see August 23, 1985 - December 1985), and makes recommendations on how to improve the process. Tarr, acting at the behest of an aide to Attorney General Edwin Meese, issues what author Charlie Savage will call “a prescient seven-page manifesto.” Tarr writes that signing statements are “presently underutilized and could become far more important as a tool of presidential management of the agencies, a device for preserving issues of importance in the ongoing struggle for power with Congress, and an aid to statutory interpretation for the courts.” Tarr writes that signing statements have the potential to be used as a threat “with which to negotiate concessions from Congress.” The statements can also be used to tell executive branch agencies how to interpret a law: “The president can direct agencies to ignore unconstitutional provisions or to read provisions in a way that eliminates constitutional or policy problems. This direction permits the president to seize the initiative in creating what will eventually be the agency’s interpretation.” [Savage, 2007, pp. 232-233]

Entity Tags: Edwin Meese, Charlie Savage, Ralph Tarr, Reagan administration, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

Chechen rebel leader Ibn KhattabChechen rebel leader Ibn Khattab [Source: Associated Press]Osama bin Laden and Chechen rebel leader Ibn Khattab are, as a CIA officer puts it, “intricately tied together” in a number of ways. Their relationship apparently begins in the mid-1980s, when Ibn Khattab goes to fight in Afghanistan and reportedly meets bin Laden there. It ends in March 2002 with Khattab’s death (see March 19, 2002). [BBC, 4/26/2002; Independent, 5/1/2002; Washington Post, 4/26/2003; US District Court for the Eastern District of Virginia, Alexandria Division, 7/31/2006 pdf file]
bullet They share fundraising and recruiting networks. For example, a Florida cell of radical Sunnis that is monitored by the FBI starting in 1993 is involved with both organizations (see (October 1993-November 2001)). Radical London imam Abu Qatada raises money for jihad in Chechnya (see 1995-February 2001 and February 2001) and is a key figure in al-Qaeda-related terrorism who is in communication with al-Qaeda logistics manager Abu Zubaida. [BBC, 3/23/2004; Nasiri, 2006, pp. 273] The Finsbury Park mosque of fellow London imam Abu Hamza al-Masri is used as a conduit for funds for both jihad in Chechnya and bin Laden’s Darunta camp in Afghanistan (see March 1999 and March 2000-February 2001);
bullet Bin Laden sends hundreds of fighters to help the Chechen cause, and this is publicly revealed no later than August 2000 (see May 2000);
bullet The two leaders debate strategy; [Terrorism Monitor, 1/26/2006] and
bullet Ibn Khattab establishes camps for trainees sent to him by bin Laden, and the US is aware of this no later than October 1998 (see October 16, 1998).
Despite bin Laden’s contribution to the Chechen effort, he does not have control of operations there. [Terrorism Monitor, 1/26/2006] Zacarias Moussaoui will later be linked to Khattab (see August 22, 2001).

Entity Tags: Ibn Khattab, Osama bin Laden, Islamic International Peacekeeping Brigade

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Justice Department lawyer Samuel Alito, a member of the department’s Litigation Strategy Working Group, writes a memo advocating the creation of a pilot project designed to increase the frequency and impact of presidential signing statements (see August 23, 1985 - December 1985 and October 1985). The rationale is to use signing statements to “increase the power of the executive to shape the law.” Alito focuses on the use of signing statements to parallel the legislative history of a bill, a relatively modest view, but still recognizes the potentially revolutionary nature of the idea. He writes that signing statements must be used incrementally, so as not to draw undue attention from civil libertarians and key Congressional members. “[D]ue to the novelty of the procedure and the potential increase of presidential power,” he writes, “[C]ongress is likely to resent the fact that the president will get the last word on questions of interpretation.” Alito suggests that President Reagan begin issuing signing statements only on bills affecting the Justice Department, and later issue such statements for bills that affect other areas of the federal government. “As an introductory step, our interpretative statements should be of moderate size and scope,” he writes. “Only relatively important questions should be addressed. We should concentrate on points of true ambiguity, rather than issuing interpretations that may seem to conflict with those of Congress. The first step will be to convince the courts that presidential signing statements are valuable interpretive tools.” President Reagan will issue signing statements that challenge, interpret, or actually rewrite 95 sections of bills, far more than any other president. His successor, George H. W. Bush, will challenge 232 sections of bills. [Savage, 2007, pp. 233-234]

Entity Tags: Litigation Strategy Working Group, George Herbert Walker Bush, Samuel Alito, US Department of Justice, Ronald Reagan

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Civil Liberties

Radical Muslim leader Sheikh Omar Abdul-Rahman obtains his first US visa via the CIA. A State Department official will later discover this was the first of six US visas given to him between 1986 and 1990. All are approved by CIA agents acting as consular officers at US embassies in Sudan and Egypt. “The CIA officers claimed they didn’t know the sheikh was one of the most notorious political figures in the Middle East and a militant on the State Department’s list of undesirables.” But one top New York investigator will later say, “Left with the choice between pleading stupidity or else admitting deceit, the CIA went with stupidity.” [Boston Globe, 2/3/1995; New York Magazine, 3/17/1995] Abdul-Rahman uses the visas to attend conferences of Islamic students in the US. Then he visits Pakistan, where he preaches at Peshawar, visits the Saudi embassy in Islamabad, and is “lionized at receptions heavily attended by Americans.” He plays a prominent role in recruiting mujaheddin fighters to fight against the Soviets in Afghanistan. [Kepel, 2002, pp. 300] In 1989, Abdul-Rahman is arrested in Egypt and held under very closely guarded house arrest, but he manages to escape one year later, possibly by being smuggled out of his house in a washing machine. The CIA gives him another US visa and he moves to the US (see July 1990). [New York Times, 1/8/1995] Journalist Simon Reeve will claim in his 1999 book The New Jackals that, “The CIA, it is now clear, arranged the visa[s] to try and befriend the Sheikh in advance of a possible armed fundamentalist revolution in Egypt.” According to a retired CIA official, the CIA recalled mistakes made with the Ayatollah Khomeini in Iran and were trying to win Abdul-Rahman’s trust. [Reeve, 1999, pp. 60]

Entity Tags: Central Intelligence Agency, Omar Abdul-Rahman, Simon Reeve

Timeline Tags: Complete 911 Timeline

USS ‘Stark’ after being struck by Iraqi missile.USS ‘Stark’ after being struck by Iraqi missile. [Source: US Department of Defense]Two missiles from an Iraqi F-1 Mirage warplane strike the USS Stark, killing 37 of the sailors aboard. The frigate is a member of a US naval task force sent to the Persian Gulf to keep the Gulf open for shipping during the Iran-Iraq War. The Iraqi fighter locks weapons on the Stark three minutes before firing; the commander of the ship refuses to issue the standard “back off” warning to the Iraqi pilot. The first missile bores deep into the ship but fails to explode; the second missile explodes, incinerating the crew’s quarters, the radar room, and the combat information center. The ship burns for two days. [PBS, 2000; Peniston, 2006, pp. 61-63]
Diverting Blame onto Iran - The Pentagon later claims that the Stark indeed warned the fighter pilot not to approach. Iraq quickly apologizes for the attack. The US continues to patrol the Gulf, and continues its program of re-registering Kuwaiti oil tankers under the American flag in order to protect them from Iranian attacks. A diplomat says that given the scale of casualties in the incident, the American public is going to start asking “what the hell is the US doing in the Gulf?” Iran calls the attack on the Stark a “divine blessing.” US officials quickly divert blame for the attack on Iran, accepting an Iraqi explanation that the fighter pilot must have mistaken the US warship for an Iranian vessel. [Guardian, 5/19/1987]
Excusing Iraq, Punishing 'Stark' Commander - “We’ve never considered them hostile at all,” says President Reagan in regards to Iraq’s military. “They’ve never been in any way hostile.… And the villain in the piece is Iran.” Senator John Warner (R-VA), a former secretary of the Navy, denounces Iran as “a belligerent that knows no rules, no morals.” Fellow senator John Glenn (D-OH) calls Iran “the sponsor of terrorism and the hijacker of airliners.” Iraq later determines that the Stark was in its so-called “forbidden zone,” and refuses to produce the pilot for any disciplinary action. The only punishment for the attack is suffered by the captain of the Stark, Glenn Brindel, who is relieved of his command, and his executive officer, who is punished for “dereliction of duty.” [TomDispatch (.com), 5/3/2007]
Lawsuits Dismissed - Two wrongful death lawsuits arising from the attacks will later be dismissed due to the “state secrets” privilege (see June 13, 1991 and September 16, 1992).

Entity Tags: US Department of Defense, US Department of the Navy, Glenn Brindel, John Glenn, John W. Warner, Ronald Reagan

Timeline Tags: US-Iraq 1980s

Following an incident where a Pakistani procurement agent was arrested in the US trying to buy components for a nuclear weapon (see Before July 1987), there is a serious row about it between a CIA manager and a CIA analyst at a Congressional hearing. The hearing is called by Stephen Solarz (D-NY), chairman of the House Subcommittee on Asian and Pacific Affairs, to vet intelligence concerning Pakistan’s nuclear weapons program. CIA manager General David Einsel says it is “not cut and dried” that the arrested Pakistani, Arshad Pervez, and his handler, Inam ul-Haq, are agents of the Pakistani government. Richard Barlow, a CIA analyst there to help Einsel, is surprised by the false answer, as it is a criminal offense to lie to Congress. He realizes, “Einsel’s testimony was highly evasive, and deliberately so.” He will also later comment: “These congressmen had no idea what was really going on in Pakistan and what had been coming across my desk about its WMD program. They did not know that Pakistan already had a bomb and was shopping for more with US help. All of it had been hushed up.” When Barlow is asked the same question, he says it is “clear” Pervez is working for Pakistan, at which point Einsel screams, “Barlow doesn’t know what he’s talking about.” Solarz then asks whether there are any more cases involving the Pakistan government. Einsel says there are not, but Barlow replies, “Yes, there have been scores of other cases.” Barlow is then hustled out of the room and returns to CIA headquarters. A senior government official not cleared to attend the briefing comes in and tries to repair the damage, saying that Barlow was referring to intelligence reports, but “not all intelligence reports are accurate.” The official will later indicate that he is not proud of what he does, saying, “I didn’t know what I was getting into.” [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will subsequently be forced out of the CIA because of this hearing (see August 1987-1988).

Entity Tags: Stephen Solarz, Richard Barlow, Inam ul-Haq, House Subcommittee on Asian and Pacific Affairs, Arshad Pervez, Office of Scientific and Weapons Research (CIA), David Einsel, Central Intelligence Agency

Timeline Tags: A. Q. Khan's Nuclear Network

Following a stormy Congressional subcommittee hearing where he contradicted CIA manager David Einsel about Pakistan’s nuclear program (see July 1987 or Shortly After), analyst Richard Barlow is forced out of the CIA. Barlow will later say that he leaves because Einsel makes his job impossible: “Einsel went crazy. I was told that my personal behavior at the hearing had been unprofessional. I was accused of being unpatriotic and almost scuttling the Afghanistan program. I was viewed as being disloyal.” [Guardian, 10/13/2007] He will also say: “These people were determined that nothing like this was ever going to happen ever again—no more arrests, no more truth to the Congress.… I was targeted by some in the Directorate of Operations; they made my life miserable.” [Raw Story, 4/30/2007] Commenting on his position during the Cold War, he will add: “We had to buddy-up to regimes we didn’t see eye-to-eye with, but I could not believe we would actually give Pakistan the bomb. How could any US administration set such short-term gains against the long-term safety of the world?” Barlow’s job description is re-written six weeks after the hearing, removing him from work on Pakistan’s nuclear weapons, and he leaves the CIA for the Customs Service a year later. [Guardian, 10/13/2007]

Entity Tags: Central Intelligence Agency, Richard Barlow, Office of Scientific and Weapons Research (CIA), David Einsel

Timeline Tags: A. Q. Khan's Nuclear Network

Michael Springmann.Michael Springmann. [Source: Michael Springmann]Michael Springmann, head US consular official in Jeddah, Saudi Arabia, later claims that during this period he is “repeatedly ordered… to issue [more than 100] visas to unqualified applicants.” He turns them down, but is repeatedly overruled by superiors. [BBC, 11/6/2001; St. Petersburg Times, 11/25/2001] In one case, two Pakistanis apply for visas to attend a trade show in the US, but they are unable to name the trade show or city in which it will be held. When Springmann denies them a visa, he gets “an almost immediate call from a CIA case officer, hidden in the commercial section [of the consulate], that I should reverse myself and grant these guys a visa.” Springmann refuses, but the decision is reversed by the chief of the consular section. Springmann realizes that even the ambassador, Walter Cutler, is aware of the situation, which becomes “more brazen and blatant” as time goes on. On one occasion Springmann is even told, “If you want a job in the State Department in future, you will change your mind.” [CBC Radio One, 7/3/2002; Trento, 2005, pp. 344-6] Springmann loudly complains to numerous government offices, but no action is taken. He is fired and his files on these applicants are destroyed. He later learns that recruits from many countries fighting for bin Laden against Russia in Afghanistan were funneled through the Jeddah office to get visas to come to the US, where the recruits would travel to train for the Afghan war. According to Springmann, the Jeddah consulate was run by the CIA and staffed almost entirely by intelligence agents. This visa system may have continued at least through 9/11, and 11 of the 19 9/11 hijackers received their visas through Jeddah (see November 2, 1997-June 20, 2001), possibly as part of this program (see October 9, 2002 and October 21, 2002). [BBC, 11/6/2001; St. Petersburg Times, 11/25/2001; CBC Radio One, 7/3/2002; Associated Press, 7/17/2002 pdf file; Fox News, 7/18/2002]

Entity Tags: Central Intelligence Agency, US Consulate, Jeddah, Saudi Arabia Office, Michael Springmann

Timeline Tags: Complete 911 Timeline, War in Afghanistan

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Civil Liberties

Crew members monitor radar screens in the combat information center aboard the <i>Vincennes.</i> This photo was taken by a crew member in January 1988.Crew members monitor radar screens in the combat information center aboard the Vincennes. This photo was taken by a crew member in January 1988. [Source: Public domain]The USS Vincennes, a state-of-the-art Aegis guided missile cruiser patrolling the Strait of Hormuz in an effort to keep oil tankers safe from Iranian and Iraqi depredations, detects an Iranian aircraft apparently closing in on its position. The captain and crew of the Vincennes are aware of previous attacks on US ships and Kuwaiti oil tankers by Iranian gunboats, and know of the attack a year before on the USS Stark by an Iraqi fighter (see May 17, 1987 and After). Just a half-hour before, the Vincennes itself had fired on Iranian gunboats. Captain Will Rogers III has seven minutes to decide what to do about the aircraft, which he and his radar operators believe is most likely an Iranian F-14. Although the first transmission from the Iranian aircraft identifies itself as “commair”—commercial aircraft—the radio operator forgets to reset his receiver, and subsequently receives transmissions from Iranian military aircraft which he mistakenly attributes to the incoming aircraft. When the aircraft is nine miles away, Rogers fires two SM-2 surface-to-air missiles at the aircraft. At least one missile hits the plane, which is not a military fighter, but Iran Air Flight 655, a civilian Boeing 747 carrying 290 passengers. The missile slices the airliner in half; all 290 passengers, including 66 children, die. Though the international community is outraged, the White House and the Pentagon defend the Vincennes’s action. The UN Security Council will not condemn the attack, and President Reagan volunteers to pay compensation to the families. The Navy is embarrassed that in the first real military action from one of its new Aegis cruisers, it had shot down an unarmed civilian aircraft. An investigation proves that the aircraft had been well within a commercially designated flight path, and was not descending in a threatening manner, as was initially claimed by both Vincennes personnel and Pentagon officials. No disciplinary actions against Rogers or any of his crew are ever taken. During the 1988 presidential campaign, Vice President George H. W. Bush will frequently say of the incident: “I will never apologize for the United States of America. I don’t care what the facts are.” [New York Times, 11/9/1988; TomDispatch (.com), 5/3/2007; History (.com), 2008]

Entity Tags: US Department of the Navy, Will Rogers III, United Nations Security Council, George Herbert Walker Bush

Timeline Tags: US confrontation with Iran

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

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

Timeline Tags: US Domestic Terrorism

Richard Barlow, an analyst previously forced out of the State Department and CIA for coming to the politically unacceptable conclusion that Pakistan has a nuclear weapons program (see 1981-1982 and August 1987-1988), is hired by the Office of the Secretary of Defense at the Pentagon to become its first weapons of mass destruction intelligence analyst. Shortly after arriving, Barlow again builds up “a stack of evidence” about Pakistan’s WMD program, including intelligence that the Pakistan army was experimenting with a delivery system for its nuclear bomb, using US-provided technology. Barlow concludes, “Our side was at it again.” [Guardian, 10/13/2007] In the summer of 1989, Barlow is involved in investigating four criminal cases involving senior officers of the Pakistani Army who had attempted to make illegal purchases in the US or abroad of American-made nuclear-related materials, including highly enriched uranium. One of the cases involves evidence showing that Pakistan is attempting to obtain dual-use items for its nuclear program by claiming that the materials are to be used for its F-16 fleet. [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, a WMD analyst at the Pentagon, is commissioned to write an intelligence assessment for Defense Secretary Dick Cheney about Pakistan’s nuclear program. The report is apparently “stark,” indicating that the program is ongoing and Pakistan has configured US-made fighters to drop nuclear bombs, despite promising not to do so. Barlow also says that Pakistan is still trying to procure components and will start selling its technology to other nations (note: it is already doing so—see 1987). Barlow’s analysis is supported by a separate Defense Intelligence Agency study, which reaches the same conclusion. Barlow will later say, “Officials at the [Office of the Secretary of Defense] kept pressurizing me to change my conclusions.” When he refuses to do so, however, files start to go missing from his office and a secretary tells him a senior official has been intercepting his papers. In July, one of the Pentagon’s top salesmen criticizes him for trying to scupper a forthcoming deal to sell another 60 F-16s to Pakistan (see August-September 1989). Barlow refuses to change the report, but after he is fired he finds that it has been rewritten to say that continued US aid to Pakistan will ensure the country stops its WMD program. [New Yorker, 3/29/1993; Guardian, 10/13/2007]

Entity Tags: US Department of Defense, Richard Barlow, Pakistan

Timeline Tags: A. Q. Khan's Nuclear Network

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

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

Timeline Tags: Civil Liberties

Arthur Hughes.Arthur Hughes. [Source: Middle East Institute]The US agrees to sell Pakistan 60 more F-16 fighter jets in a deal worth $1.5 billion. The US previously sold forty F-16s to Pakistan and Pentagon analyst Richard Barlow believes they were adapted to carry nuclear weapons, in conflict with a promise made by the Pakistanis (see 1983-7). Despite this, shortly before the sale goes through, the Pentagon falsely claims to Congress, “None of the F-16s Pakistan already owns or is about to purchase is configured for nuclear delivery.” Deputy Assistant Secretary of Defense Arthur Hughes also tells Congress that the nuclear wiring has been removed from the planes and that to equip them to deliver nuclear bombs, “it first would be necessary to replace the entire wiring package of the aircraft.”
Testimony Known to Be False - However, this is contradicted by Pentagon analysis and the US intelligence community is well aware that the Pakistani air force has already practiced delivery of nuclear weapons by F-16s. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later say the US intelligence community was certain Pakistan had nuclear weapons (see 1987): “The evidence was unbelievable. I can’t go into it—but on a scale of 1 to 10, in terms of intelligence evidence, it was a 10 or 11. It doesn’t get any better than that.” Regarding the F-16 fighters, he will add: “All the top experts had looked at this question in detail for years, and it was a cold hard engineering question. There was no question about it—the jets could easily be made nuke-capable, and we knew that Pakistan had done just that.” [Raw Story, 4/30/2007] Barlow therefore urges that the testimony be corrected, but he is fired from his position two days later (see August 4, 1989). The US should not agree to the sale, as it has passed a law saying it will not sell such equipment to countries that obtain nuclear weapons, but President Reagan has repeatedly and falsely certified that Pakistan does not have a nuclear device, so the contract is signed. However, the deal will collapse the next year when President Bush fails to certify that Pakistan does not have a nuclear weapon (see October 1990). [New Yorker, 3/29/1993; Guardian, 10/13/2007]
Motivation Said to Be Profit - Given that the Soviet-Afghan War is over and there is therefore no need to be friendly with Pakistan to ensure it supports the anti-Soviet jihad in Afghanistan, Barlow believes that Hughes is lying not to support US national interests, but simply for the profits to be made by the planes’ manufacturer. “They sold out the world for an F-16 sale,” Barlow will comment. [Raw Story, 4/30/2007]

Entity Tags: Richard Barlow, Arthur Hughes, Pakistan

Timeline Tags: A. Q. Khan's Nuclear Network

Richard Barlow, an analyst who has repeatedly insisted that Pakistan has a nuclear weapons program (see July 1987 or Shortly After and Mid-1989), is fired from his position at the Pentagon. Barlow will later say, “They told me they had received credible information that I was a security risk.” When he asks why he is thought to be a security risk, “They said they could not tell me as the information was classified,” but “senior Defense Department officials” are said to have “plenty of evidence.” His superiors think he might leak information about Pakistan’s nuclear program to congressmen in favor of the non-proliferation of nuclear weapons. He spends the next eighteen months in the Pentagon personnel pool, under surveillance by security officers. Apparently, I. Lewis “Scooter” Libby and two officials who work for Undersecretary of Defense for Policy Paul Wolfowitz are involved in the sacking. It is also rumored that Barlow is a Soviet spy. Barlow’s conclusions about Pakistan’s nuclear program are unpopular with some, because if the US admitted the nuclear program existed, this would lead to a break between the US and Pakistan and endanger US aid to the anti-Soviet mujaheddin and US arms sales (see August 1985-October 1990 and August-September 1989). After he is fired, rumors are started saying that Barlow is a tax evader, alcoholic, adulterer, and in psychiatric care. As his marriage guidance counseling is alleged to be cover for the psychiatric care, the Pentagon insists that investigators be allowed to interview his marriage guidance counselor. Due to this and other problems, his wife leaves him and files for divorce. [New Yorker, 3/29/1993; Guardian, 10/13/2007] Barlow will later be exonerated by various investigations (see May 1990 and Before September 1993).

Entity Tags: Paul Wolfowitz, Pakistan, US Department of Defense, Lewis (“Scooter”) Libby, Richard Barlow

Timeline Tags: A. Q. Khan's Nuclear Network

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

Entity Tags: US Department of the Army, Ali Mohamed

Timeline Tags: Complete 911 Timeline

A lawsuit against the FBI’s investigation of a sixth-grade boy and his school project to create an “encyclopedia of the world” is stopped when an appeals court rules that the agency is shielded by the “state secrets” privilege (see March 9, 1953). Unable to secure information from the FBI as to why it investigated him, the child had therefore “failed to sustain his burden of proof [and] the cause of action was properly dismissed.” [Siegel, 2008, pp. 197]

Entity Tags: Federal Bureau of Investigation

Timeline Tags: Civil Liberties

A Pentagon investigation finds that Richard Barlow, an analyst of Pakistan’s nuclear program, is not a security risk. Based on the investigation, Barlow is told, “after thorough investigation . . . any question of your trustworthiness for access to sensitive information was resolved in a manner completely favorable to you.” His top-secret security clearances are reinstated, but the Pentagon does not restore his clearances to compartmentalized intelligence, without which he cannot do his job. Therefore, Barlow remains in the Pentagon personnel pool, where he performs menial tasks. Barlow was fired from his position in August 1989 (see August 4, 1989), and has been in the pool since then. According to his superiors, he was dismissed for “poor performance” and due to the worry he was a security risk, although it appears that it was actually due to his opposition to false Congressional testimony by a Pentagon official intended to smooth the way for a large sale of F-16 fighters to Pakistan (see August-September 1989). [New Yorker, 3/29/1993]

Entity Tags: Richard Barlow, US Department of Defense

Timeline Tags: A. Q. Khan's Nuclear Network

Marife Nichols in 1997.Marife Nichols in 1997. [Source: CNN]Terry Nichols, a shy Army veteran (see March 24, 1988 - Late 1990) drifting through life as a single (see November 1988), underemployed father, does something that surprises everyone he knows: he leaves his home state of Michigan for the Philippines to marry a mail-order bride, 17-year-old Marife Torres, who lives with her parents in a small apartment above a lumberyard. Torres lives in Cebu City, where Nichols meets her. Her parents are leery of their daughter marrying an older man; in talking with Nichols, they learn that he wants a Filipino bride because he has been told “they stayed at home.” The two are married on November 20, 1990 at a Chinese restaurant in Cebu, and Nichols returns to Decker, Michigan, to begin the legal process necessary to bring Marife back to the US. [New York Times, 5/28/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 74-75] Nichols will later be convicted of conspiracy in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995). His connection to the Philippines will result in shadowy connections with suspected Islamist terrorists in that nation (see Late 1992-Early 1993 and Late 1994 and November 5, 1994 - Early January 1995).

Entity Tags: Terry Lynn Nichols, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

A Web graphic opposing the ‘New World Order.’A Web graphic opposing the ‘New World Order.’ [Source: Human Symbiose (.org)]In a speech discussing the post-Cold War world, President Bush outlines his vision of a “New World Order.” Bush says: “We stand today at a unique and extraordinary moment. The crisis in the Persian Gulf, as grave as it is, also offers a rare opportunity to move toward an historic period of cooperation. Out of these troubled times, our fifth objective—a new world order—can emerge: a new era—freer from the threat of terror, stronger in the pursuit of justice, and more secure in the quest for peace.” The Southern Poverty Law Center will later write that many people, particularly white supremacists and separatists, take Bush’s phrase “as a slip of the tongue revealing secret plans to create a one-world government.” [Sweet Liberty, 9/11/1990; Southern Poverty Law Center, 6/2001] In 1995, Michigan gun dealer and right-wing activist Frank Kieltyka will describe the “New World Order” to a Buffalo News reporter. According to Kieltyka, the “New World Order” is backed by the US government and led by, among other organizations, the Trilateral Commission and the Council on Foreign Relations (CFR). “We’re moving towards the Communists,” Kieltyka will warn. The belief in this “New World Order” will be emphasized in coming years in the militia movements and by right-wing publications such as The Spotlight, an openly racist, anti-government newsletter. [Stickney, 1996, pp. 157-158]

Entity Tags: Trilateral Commission, George Herbert Walker Bush, Frank Kieltyka, Council on Foreign Relations, Southern Poverty Law Center, The Spotlight

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline

Mujaheddin battalions in formation during the Bosnia war. More details are unknown.Mujaheddin battalions in formation during the Bosnia war. More details are unknown. [Source: History Channel]Saudi multimillionaire Yassin al-Qadi forms the Muwafaq Foundation (also known as Blessed Relief). The Muwafaq Foundation is a charitable trust registered in Jersey, an island off the coast of Britain with lenient charity regulations. [Burr and Collins, 2006, pp. 121-123] Al-Qadi is said to be the chief investor, donating about $15 to $20 million for the charity from his fortune. He also persuades members of very rich and powerful Saudi families to help out. [Chicago Tribune, 10/29/2001] The foundation’s board of directors will later be called “the creme de la creme of Saudi society.” [New York Times, 10/13/2001] Saudi billionaire Khalid bin Mahfouz’s legal team will later state that bin Mahfouz “was the principal donor to the foundation at its inception in 1991 but was not involved in the running of the charity.” They also will state that the foundation was purely humanitarian and had no terrorist ties. [Bin Mahfouz Info, 11/22/2005] The Muwafaq Foundation opens offices in several African countries, but it is soon suspected of providing funds for Islamic extremists. For instance, in 1992 it opens an office in Mogadishu, Somalia, at a time when al-Qaeda is assisting militants fighting US soldiers there (see October 3-4, 1993). Burr and Collins will claim “its purpose [there] consisted of transporting weapons and ammunition to Islamists in the city.” But most of the foundation’s work appears to center on Bosnia. It opens an office in neighboring Croatia in 1992, the same year the Bosnian war begins, and then in Sarajevo, Bosnia, a year later. By June 1993, group of mujaheddin fighting in the Zenica region of Bosnia form the Al Muwafaq Brigade. It consists of about 750 Afghan-Arabs and has Iranian advisers. According to Burr and Collins, it soon becomes well known in the region that the Muwafaq Foundation is funding the Al Muwafaq Brigade and at least one camp in Afghanistan training mujaheddin to fight in Bosnia. One member of the brigade is Ahmed Ressam, who will later be arrested in an al-Qaeda plot to blow up the Los Angeles airport (see December 14, 1999). In July 1995, a US Foreign Broadcast Information Service report indicates that the Muwafaq Foundation’s office in Zagreb, Croatia, is a bin Laden front. In early 1996, bin Laden will mention in an interview that he supports the “Muwafaq Society” in Zagreb. However, al-Qadi denies any ties to fighting mujaheddin. The brigade apparently disbands after the war ends in 1995 and the Muwafaq Foundation will close its Bosnia office by 1998. [Burr and Collins, 2006, pp. 121-123, 137-138] A secret 1996 CIA report will claim that Muwafaq has ties to the al-Gama’a al-Islamiyya militant group and helps fund mujaheddin fighting in Bosnia and at least one training camp in Afghanistan (see January 1996). The US will declare al-Qadi a terrorist financier shortly after 9/11 but has never taken any action against the Muwafaq Foundation (see 1995-1998).

Entity Tags: Yassin al-Qadi, Khalid bin Mahfouz, Muwafaq Foundation, Al Muwafaq Brigade, Osama bin Laden, Ahmed Ressam

Timeline Tags: Complete 911 Timeline

Sergeant Timothy McVeigh, a decorated Army gunner, returns from serving three months in Operation Desert Storm (see January - March 1991 and After). Disillusioned and discouraged by his experiences and his failure to succeed in Special Forces training, McVeigh returns to Fort Riley, Kansas, and begins displaying increasingly odd behavior, always carrying a weapon and talking incessantly about the constitutional right to bear arms. His friend and fellow soldier Bruce Williams later recalls that McVeigh is no longer the “Iron Mike” that he had known during training at Fort Benning. “I’d hang out and go to the parties and drink Budweiser,” Williams will recall. “Tim just stayed in his room playing Nintendo.” McVeigh rents a house off post with two fellow soldiers, Corporal John Edward Kelso and Sergeant Rick Cerney, in Herington, Kansas, some 40 miles from Fort Riley. Kelso later recalls he and Cerney trying to “josh with him” and get him to relax. “It was so easy to put him over the edge,” Kelso will recall. “He was so gullible, so vulnerable. He was so unbalanced about being tough. He was just kind of a nerd.” Sergeant Royal L. Witcher, McVeigh’s assistant gunner during active duty in Kuwait and Iraq, later recalls that McVeigh is uncomfortable sharing the house with the two, and persuades Witcher to let him move in with him instead. McVeigh moves into Witcher’s Herington home and immediately claims the larger of the two bedrooms, blocking the window with a camouflage poncho. Witcher later says he knew better than to enter McVeigh’s room. McVeigh keeps at least 10 guns in the house, Witcher will recall, saying: “They weren’t exposed, they were hidden. He had a couple in the kitchen, a couple in the living room under the couch. I think there was one in the bathroom, behind the towels. As you go up the steps there was a little ledge and he kept one in there, a .38 revolver.” McVeigh also keeps two guns in his car and a shotgun at the home of a sergeant who also lives off post. Witcher never asks why McVeigh keeps so many guns. “I don’t know if he was paranoid or what,” Witcher will recall. “Or maybe he had some friends that were after him. I don’t know.” On occasion, McVeigh sells guns to fellow soldiers. He cleans all of his weapons twice a week, and takes them to a lake to shoot every weekend. Witcher never recalls McVeigh having any dates. On a few occasions, the two have conversations. “He was a very racist person,” Witcher will recall. “He had very strong views against, like, political things, like that.” Witcher will say he does not share McVeigh’s racist views: “He pretty much knew my views and he didn’t talk too much about it around me.” McVeigh constantly complains about government intrusiveness, Witcher will recall, taking umbrage with items he reads in the newspaper on a daily basis. Witcher will remember McVeigh dropping out of the National Rifle Association (NRA) when that organization seems to be softening its stance on the banning of assault rifles. He begins spending more and more time poring over gun magazines, and spends more and more time in the pawnshops and gun dealerships in nearby Junction City. [New York Times, 4/23/1995; New York Times, 5/4/1995; New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 42; Douglas O. Linder, 2001; CNN, 2001]
Becomes Conspiracy-Minded, Involved with Extremist Groups - Ives will recall that after his failed attempt to join Special Forces, McVeigh becomes involved with extreme right-wing political groups off-post. Ives cannot identify the groups, but, he will say, “cults is what I call them.” Witcher will recall nothing of any such involvement. [New York Times, 4/23/1995; New York Times, 5/4/1995] Ives may be referring to a group of soldiers who begin meeting off-base to take action against gun control and government interference in their lives, a group McVeigh meets with at least once. His unit member Robin Littleton later recalls McVeigh becoming increasingly “bitter” and conspiracy-minded, reading books about the Kennedy assassination and becoming “convinced that the government was behind it all. He also started reading a lot of fiction, all of it to do with big business and the military planning on overthrowing the government. He started to rant on about the private armies that were springing up inside the federal government, and how the CIA and FBI were out of control.” At least one local girl, Catina Lawson, shows some interest in McVeigh, but his anti-Semitic rants and his professed admiration for Adolf Hitler quickly terminate her interest. [Stickney, 1996, pp. 120, 125-127] Warnement later recalls corresponding with McVeigh in 1992 and 1993, after Warnement is transferred to Germany. “He sent me a lot of newsletters and stuff from those groups he was involved in,” Warnement will recall. He will say that because the literature is so extremist, he throws it away rather than being caught with it. “There were newsletters from [militia leader] Bo Gritz’s group, some other odd newsletters, some from the Patriots; then he sent that videotape ‘The Big Lie’ about Waco. He seemed quite a bit different after the war than he’d been before.” The Branch Davidian debacle (see April 19, 1993) infuriates McVeigh, Warnement will recall (see April 19, 1993 and After). McVeigh is also angered by the use of Army units for drug-enforcement duties on the US-Mexican border, the deployment of infantry during the 1992 Los Angeles riots, and UN command over US forces during fighting in Somalia. “He thought the federal government was getting too much power,” Warnement will recall. “He thought the ATF [the Bureau of Alcohol, Tobacco and Firearms] was out of control. Then, of course, when Waco happened, he really felt the ATF was out of control.… He wasn’t happy about Somalia, that if we could put the United States under basically UN command and send them to Somalia to disarm their citizens, then why couldn’t they come do the same thing in the United States?… It had a kind of logic to it, but it really didn’t take into account the flip side of things. I kind of had the feeling that he might be headed for trouble because he was never the type of person to back down.” [New York Times, 7/5/1995] In February 1992, McVeigh sends Warnement a copy of The Turner Diaries, a racially inflammatory novel about a white supremacist genocide in the US (see 1978). He also includes a news article concerning a black militant politician. [PBS Frontline, 1/22/1996]
Accepts Early Discharge - Like many soldiers, McVeigh is encouraged to leave as part of the military’s postwar “drawdown.” McVeigh soon takes an early discharge and leaves the Army entirely (see November 1991 - Summer 1992). Sergeant James Hardesty, who served in Kuwait with McVeigh, later says that many soldiers such as McVeigh and himself felt like “discarded baggage.” [New York Times, 5/4/1995; Serrano, 1998, pp. 42-43] Fellow soldier Roger L. Barnett later recalls: “He wasn’t the same McVeigh. He didn’t go at things the way he normally did. It used to be, a superior commanding soldier would tell him to do something and he’d do it 110 percent. He didn’t have the same drive. He didn’t have his heart in the military anymore.” [New York Times, 7/5/1995]
Future Oklahoma City Bomber - McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: John Edward Kelso, Catina Lawson, James Hardesty, Albert Warnement, Rick Cerney, Bruce Williams, US Bureau of Alcohol, Tobacco, Firearms and Explosives, US Department of the Army, Robin Littleton, Roger L. Barnett, Timothy James McVeigh, Royal L. Witcher

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline

Terry Nichols, a shy loner and Army veteran (see March 24, 1988 - Late 1990) in Michigan, moves to Henderson, Nevada, outside Las Vegas. He tells friends he wants to attempt a career as a real estate agent, a plan that fails to bear fruit. When his Filipino bride Marife joins him (see July - December 1990), she is six months pregnant with a child that is not his. Nichols may be troubled about the circumstances of the child’s conception, but he does not talk about it, and accepts the child, a son they will name Jason Torres Nichols, as his own. In the fall, Nichols takes his wife and son back to his home town of Decker, Michigan. [New York Times, 5/28/1995; New York Times, 12/24/1997] Nichols will later be convicted of conspiracy in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: Terry Lynn Nichols, Jason Torres Nichols, Marife Torres Nichols

Timeline Tags: US Domestic Terrorism

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

Entity Tags: George Herbert Walker Bush

Timeline Tags: Civil Liberties

A US appellate court refuses to find a number of military contractors liable in the death of Earl Patton Ryals, who died with 36 of his fellow crewmen in the Iraqi attack on the USS Stark (see May 17, 1987 and After). Ryals’s estate claims that he and his fellows died in part because of negligence on the part of the contractors who designed, manufactured, tested, and marketed the weapons system on board the Stark, including the Phalanx anti-missile system. In turning down the estate’s claim, the court cites the government’s “state secrets” privilege (see March 9, 1953), saying that the facts of the issue could not be resolved without examining classified Navy documents. And even without this reason, the court rules, Ryals’s estate cannot see the documents because the case presents “a political question” about military decision-making that is not subject to judicial review. [Zuckerbraun v. General Dynamics Corp., 6/13/1991; Siegel, 2008, pp. 197-198] A year later, a similar case will be dismissed on the grounds that a trial might conceivably reveal “state secrets” (see September 16, 1992).

Entity Tags: Earl Patton Ryals, US Department of the Navy

Timeline Tags: Civil Liberties

Timothy McVeigh, a nascent white supremacist and survivalist (see March 24, 1988 - Late 1990) who is in the process of taking “early termination” from the US Army after being denied a position in Special Forces (see January - March 1991 and After), moves back in with his father in Pendleton, New York. Initially, he joins a National Guard unit and tries unsuccessfully to join the US Marshals. He is formally discharged from the Army on December 31, 1991. His final psychological assessment from the Army shows him to be under extreme stress and experiencing a powerful sense of disillusionment with the federal government. In January 1992, he goes to work for Burns International Security Services in Buffalo after leaving the Guard (see June 1992), and quickly rises to the rank of inspector. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Serrano, 1998, pp. 48; Douglas O. Linder, 2001; CNN, 2001; CNN, 12/17/2007] (A New York Times report later says McVeigh leaves the Army in early 1992. A book about McVeigh, One of Ours, claims that McVeigh returns to Pendleton after leaving the Army around Christmas of 1991.) [New York Times, 5/4/1995; Serrano, 1998, pp. 44]
Depressed, Suicidal, Detached, Enraged - Over time, McVeigh becomes increasingly depressed and reportedly considers suicide; friends and colleagues will describe him as deteriorating both mentally and physically, and, in the words of the New York Times, will describe him as “an increasingly unstable man who wavered between gloomy silences and a hair-trigger temper, who lost so much weight he seemed anorexic, and who could follow simple orders but could not handle pressure or take independent action.” Lynda Haner-Mele, a supervisor for Burns Security in Kenmore, New York, later recalls working with McVeigh at the Niagara Falls Convention Center. She remembers calling him “Timmy” and worrying about his weight loss. “He seemed almost lost, like he hadn’t really grown up yet,” she will say. She is unaware of his Army service, later recalling: “He didn’t really carry himself like he came out of the military. He didn’t stand tall with his shoulders back. He was kind of slumped over.… That guy did not have an expression 99 percent of the time. He was cold. He didn’t want to have to deal with people or pressure. Timmy was a good guard, always there prompt, clean, and neat. His only quirk was that he couldn’t deal with people. If someone didn’t cooperate with him, he would start yelling at them, become verbally aggressive. He could be set off easily. He was quiet, but it didn’t take much.”
Increasingly Radicalized - McVeigh becomes increasingly radicalized, growing more disenchanted with the idea of a federal government and distressed about the possibility of a federal crackdown on gun ownership. He talks about the government forcibly confiscating the citizenry’s guns and enslaving citizens. He writes angry letters to newspapers and his congressman on subjects such as his objection to inhumane slaughterhouses and a proposed law prohibiting the possession of “noxious substances,” and warns against an impending dictatorship if action is not soon taken (see February 11, 1992). He urges friends to read a novel, The Turner Diaries (see 1978), which tells the story of a white supremacist revolt against the US government and the extermination of minorities, and gives copies to his friends and relatives. He begins acquiring an arsenal of guns, and sets up a generator and a store of canned food and potable water in his basement so that he would be self-sufficient in case of emergency. He applies to join the Ku Klux Klan, but decides against it because, he believes, the KKK is too focused on race and not enough on gun rights. The Times will later write: “While there was no firm evidence that Mr. McVeigh belonged to any organized right-wing paramilitary or survivalist groups, there was considerable evidence that he sympathized with and espoused their beliefs. He voiced their ideas in conversations, he wrote letters expressing them, he read their literature, and attended their meetings. And he lived, worked, and traded weapons in areas where the paramilitary groups enjoy considerable support, according to numerous interviews.” In the summer of 1992, McVeigh moves to Michigan to stay with his old Army friend Terry Nichols, telling friends he is leaving to find a “free state” in which to live. McVeigh’s and Nichols’s shared hatred of the federal government continues to grow. [New York Times, 5/4/1995; PBS Frontline, 1/22/1996; Mickolus and Simmons, 6/1997, pp. 810; Douglas O. Linder, 2001; CNN, 2001; Douglas O. Linder, 2006; CNN, 12/17/2007] Reportedly, McVeigh tells people that the Army has placed a computer chip in his buttocks to keep him under surveillance. [People, 5/8/1995] McVeigh’s fellow security guard, Carl Edward Lebron Jr., later recalls long conversations with McVeigh that center around “politics, secret societies, some religion and conspiracy theories,” UFOs, and government conspiracies to addict its citizens to illegal drugs. Lebron wonders if McVeigh himself might belong to a secret society of some sort, perhaps a Freemason sect. Lebron will recall McVeigh showing him Ku Klux Klan newsletters and gold coins, some minted in Canada. Lebron becomes worried enough about McVeigh’s apparent instability to tape-record some of their conversations, and keep notes of what McVeigh tells him. What seems to worry Lebron the most is McVeigh’s talk about stealing weapons from Army bases. In August, McVeigh quits his job at Burns, telling coworkers: “I got to get out of this place. It’s all liberals here.” Lebron bids him goodbye, saying, “Stay out of trouble,” to which McVeigh replies: “I can’t stay out of trouble. Trouble will find me.” [Serrano, 1998, pp. 48-57] Law professor Douglas O. Linder will later speculate that McVeigh’s radicalization may have been triggered, and was certainly deepened, by the FBI’s raid on the Ruby Ridge compound of white supremacist Randy Weaver (see August 31, 1992 and August 21-31, 1992). [Douglas O. Linder, 2006] McVeigh later tells his lawyers that during this time, he became increasingly stressed because of what he will call his “heightened sense of awareness of what the news was really saying.” He becomes increasingly obsessed with the news, raging at politicians for trying to blend politics and the military, and at the government for “strong-arming other countries and telling them what to do.” He becomes increasingly enraged by what he calls the increasing anti-gun sentiment in the US, and the “liberal mindset that all things in the world could be solved by discussion.” He learned in the military that most problems can best be solved by aggression, he will say, citing physical fights he had with fellow soldiers and angry confrontations with fellow security workers. [PBS Frontline, 1/22/1996]
Movements Cloudy - McVeigh’s movements are somewhat cloudy during this period. A New York Times report will say that McVeigh and Nichols may have lived together in Marion, Kansas, not Michigan, and McVeigh may have moved to Kingman, Arizona, during this time or sometime later. [New York Times, 4/23/1995]
Future Oklahoma City Bomber - McVeigh will go on to bomb a federal building in Oklahoma City, with Nichols’s aid (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Haner-Mele will have difficulty believing McVeigh orchestrated the bombing. “Timmy just wasn’t the type of person who could initiate action,” she will say. “He was very good if you said, ‘Tim, watch this door—don’t let anyone through.’ The Tim I knew couldn’t have masterminded something like this and carried it out himself. It would have had to have been someone who said: ‘Tim, this is what you do. You drive the truck.’” [New York Times, 5/4/1995] McVeigh’s cousin Kyle Kraus, who received a copy of The Turner Diaries from McVeigh, puts the book away until after the bombing, when he will reread some of it. Horrified, he will contact the FBI; the copy will become an exhibit in McVeigh’s criminal trial (see August 10, 1995). [Serrano, 1998, pp. 51]

Entity Tags: Burns International Security Services, Carl Edward Lebron Jr, Ku Klux Klan, Lynda Haner-Mele, Douglas O. Linder, US Department of the Army, Randy Weaver, William (“Bill”) McVeigh, Kyle Kraus, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

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

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

Timeline Tags: Complete 911 Timeline

The Pentagon helps bring thousands of mujaheddin and other Islamic militants from Central Asia into Europe to fight alongside the Bosnian Muslims against the Serbs. [Wiebes, 2003; Spectator, 9/6/2003] Bin Laden plays a key organizing role. [Los Angeles Times, 10/7/2001] As a result, the Balkans become a “safe haven” and “staging area” for Islamist terrorism. [Washington Post, 11/30/1995; Los Angeles Times, 10/7/2001]

Timeline Tags: Complete 911 Timeline

Apparently the bin Laden guest house where Yousef lived.Apparently the bin Laden guest house where Yousef lived. [Source: National Geographic]According to Pakistani investigators, Ramzi Yousef spends most of this time at the Beit Ashuhada guesthouse (translated as House of Martyrs) in Peshawar, Pakistan, which is funded by Osama bin Laden. Pakistani investigators reveal this bin Laden-Yousef connection to US intelligence in March 1995. The CIA will publicly reveal this in 1996. [Central Intelligence Agency, 1996 pdf file; Tenet, 2007, pp. 100] While living there, Yousef receives help and financing from two unnamed senior al-Qaeda representatives. [Reeve, 1999, pp. 47] Yousef will be arrested at another nearby bin Laden safe house in February 1995 (see February 7, 1995) with bin Laden’s address found in his pocket. [London Times, 10/18/1997] During these years, Yousef takes long trips to the US in preparation of the WTC bombing (see February 26, 1993) and the Philippines, where several plots are developed (see January 6, 1995). He also uses an al-Qaeda influenced mosque in Milan, Italy, as a logistical base (see 1995-1997).

Entity Tags: Osama bin Laden, Al-Qaeda, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

National Guardsman Timothy McVeigh (see January - March 1991 and After, November 1991 - Summer 1992, and June 1992) writes a letter (some sources will call it an “editorial”) that is published in the Lockport, New York, Union-Sun & Journal. His letter, published under the title “America Faces Problems,” reads in part: “What is it going to take to open up the eyes of our elected officials? AMERICA IS IN SERIOUS DECLINE. We have no proverbial tea to dump; should we instead sink a ship full of Japanese imports?… Is a civil war imminent? Do we have to shed blood to reform the current system? I hope it doesn’t come to that! But it might.” McVeigh continues: “Crime is out of control. Criminals have no fear of punishment. Prisons are overcrowded so they know they will not be imprisoned long.… Taxes are a joke. Regardless of what a political candidate ‘promises,’ they will increase. More taxes are always the answer to government mismanagement. They mess up, we suffer. Taxes are reaching cataclysmic levels, with no slowdown in sight. The ‘American Dream’ of the middle class has all but disappeared.… Politicians are further eroding the ‘American Dream’ by passing laws which are supposed to be a ‘quick fix,’ when all they are really designed for is to get the official reelected. These laws tend to ‘dilute’ a problem for a while, until the problem comes roaring back in a worsened form. (Much like a strain of bacteria will alter itself to defeat a known medication.)” McVeigh then writes: “Racism on the rise? You had better believe it… ! At a point when the world has seen communism falter as an imperfect system to manage people; democracy seems to be heading down the same road.… Maybe we have to combine ideologies to achieve the perfect utopian government.… Should only the rich be allowed to live long?” Lockport is a small town north of Buffalo, and serves McVeigh’s home town of Pendleton. McVeigh will have a second letter published in March 1992, that one mainly focusing on the joys of hunting and extolling the “clean, merciful shot” of the deer hunter. Both letters are signed “Tim” and have a preprinted address label pasted beneath the signature. McVeigh will be accused of detonating a massive fertilizer bomb in Oklahoma City; the Union-Sun & Journal managing editor, Dan Kane, will inform the FBI of McVeigh’s letters after McVeigh is taken into custody (see April 21, 1995) on suspicion of perpetrating the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), and reprint them. Kane will speculate: “I think the letter was triggered by something that happened in the service. Here’s a man who just got through seeing a lot of blood” in the Persian Gulf war. He was dissatisfied in general with the way the government was operating, and politicians in particular.” Kane will add: “There was one paragraph in particular that made my heart stop a little bit. It was the one that said, ‘shed blood…’ After Oklahoma City, I certainly look at it as a sort of eerie and prophetic statement.” [Los Angeles Times, 4/27/1995; New York Times, 4/27/1995; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 53; CNN, 12/17/2007] McVeigh’s letter is in response to a previous letter he wrote to US Representative John LaFalce (D-NY), the representative of his home district, which received no response. McVeigh’s letter primarily focused on his concerns about the illegality of private citizens possessing “noxious substances” such as CS gas for protection. [Serrano, 1998, pp. 53]

Entity Tags: Dan Kane, John LaFalce, Lockport Union-Sun & Journal, Timothy James McVeigh, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

Terry Nichols, a white supremacist member of the so-called “Patriot Movement” (see March 24, 1988 - Late 1990 and February 1992), renounces his US citizenship via a “nonresident alien” declaration to the Evergreen, Michigan, Township Clerk. “[T]here is total corruption in the entire political system,” Nichols says; “the entire political system from the local government on up thru and including the President of the United States, George Bush.” He adds: “I no longer am a citizen of the corrupt political corporate state of Michigan and the United States of America.… I follow the common laws, not the Uniform Commercial Codes, Michigan Statutes, etc., that are all colorable laws.… I lawfully, squarely challenge the fraudulent usurping octopus of jurisdiction/authority that does not apply to me. It is therefore now mandatory for… the so-called IRS, for example, to prove its jurisdiction.” He calls himself “a nonresident alien, non-foreigner, stranger to the current state of the forum.” Many will later detect language similar to that used by the Posse Comitatus movement (see 1969). Nichols has already sent his bank a letter revoking his signature on a credit card application, in an attempt to avoid paying $14,000 in credit card debt (another source will say Nichols owes closer to $40,000), writing in part: “I came across some information and in researching it further I have found that your credit, money, and contracts are all based upon fraud, etc., as stated in my revocation document.” The bank wins a lawsuit to compel Nichols to pay his debt; Nichols attempts to pay the debt with a fraudulent “Certified Fractional Reserve Check,” a scheme somewhat similar to the fraudulent checks advocated by the Montana Freemen (see 1993-1994), which the bank refuses to accept. During the court proceedings, Nichols, ordinarily an unusually quiet and shy man, repeatedly defies judicial orders to, among other things, come to the front of the courtroom, and at one point tells the judge, “I’m… a layman, a natural person, a freedom of common-law citizen under threat and duress and to challenge the jurisdiction of this court.” Circuit Judge Donald A. Teeple will later recall: “He was hollering in a loud voice. I informed him that if he didn’t keep quiet, I’d send him to jail. Then he decided to come around the rail” and participate quietly in the hearing. [New York Times, 4/23/1995; New York Times, 5/28/1995; PBS Frontline, 1/22/1996; New York Times, 12/24/1997; Southern Poverty Law Center, 6/2001; Nicole Nichols, 2003; Nicole Nichols, 2003] Both Terry Nichols and his brother James (see December 22 or 23, 1988) routinely stamp their paper money with the words “Discharged Without Prejudice,” a phrase indicating they do not accept its validity. The money-stamping is popular among Posse Comitatus members (see 1969) as they claim money not backed by gold lacks credibility. They also refuse to buy license plates for their vehicles or register them. James Nichols will also renounce his citizenship sometime later [Nicole Nichols, 2003; Nicole Nichols, 2003] , telling local courthouse officials that he is “no longer one of your citizens or a resident of your de facto government.” In mid-1992, Nichols will spend several days in jail for refusing to recognize a court’s authority to make him pay child support; after those days in a cell, he will agree to the court’s mandate. [New York Times, 4/24/1995; Serrano, 1998, pp. 109] Nichols will later be convicted for his role in the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 23, 1997).

Entity Tags: Montana Freemen, James Nichols, Posse Comitatus, Donald A. Teeple, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

On April 24, 1992, Houston pizza deliveryman Ahmad Ajaj and San Antonio cabdriver Ibrahim Ahmad Suleiman fly together from Texas to Pakistan. Suleiman is a Texas contact of the Al-Kifah Refugee Center, the Brooklyn-based Islamist militant organization linked to both the CIA and al-Qaeda (see 1986-1993). Suleiman had begun raising funds for the Afghan war in Texas in the late 1980s, and acquaintances said he traveled to Pakistan several times, carrying a briefcase full of cash to fund the mujaheddin fighting in Afghanistan. When they arrive in Pakistan, they stay at a hostel in Peshawar, near the Afghanistan border, known as the Abdullah Azzam House. Named after Osama bin Laden’s mentor Abdullah Azzam, this hostel is owned by Al-Kifah and also houses its Pakistan headquarters. Ajaj and Suleiman stay there off and on over the next several months. Al-Qaeda bomber Ramzi Yousef also sometimes stays there during the same months. Ajaj also allegedly receives explosives training at an Afghanistan training camp with Yousef. His letter of introduction to the camp is signed by an Azzam House official. On September 1, 1992, Ajaj and Yousef arrive together in New York City on a flight from Pakistan. Ajaj is carrying some bomb manuals; investigators will later find the fingerprints of Ajaj, Yousef, and Suleiman on them. Both men are carrying identification cards that give the PO box number in Tucson, Arizona, that matches an al-Kifah branch there. Ajaj is briefly detained at the airport, but Yousef is allowed to go. [Dallas Morning News, 6/8/1997] He gets into a taxi and tells the taxi driver to drive him to the building that houses the al-Qaeda headquarters in Brooklyn as well as the closely associated Al Farooq mosque, led at the time by the “Blind Shiekh,” Sheikh Omar Abdul-Rahman. [Lance, 2003] Ajaj and Yousef will later be sentenced to life in prison for their roles in the 1993 WTC bombing (see February 26, 1993). Suleiman will only be sentenced to 10 months in prison for lying to a grand jury about his travels with Ajaj. [New York Times, 11/25/1998] A CIA internal report will conclude the agency is “partly culpable” for the WTC bombing, mainly due to its support for Al-Kifah (see January 24, 1994).

Entity Tags: Ramzi Yousef, Ibrahim Ahmad Suleiman, Al-Kifah Refugee Center, Ahmad Ajaj, Abdullah Azzam

Timeline Tags: Complete 911 Timeline

Former Army soldier Timothy McVeigh (see January - March 1991 and After and November 1991 - Summer 1992) is discharged from the New York Army National Guard after a brief stint. He is granted a general discharge “under honorable conditions.” His reason for discharge is “incompatible occupation,” a description often applied to reservists whose employers want them to work full time. [New York Times, 4/27/1995] McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: New York Army National Guard, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

White supremacist Timothy McVeigh (see March 24, 1988 - Late 1990 and November 1991 - Summer 1992) closely follows the culminating events of the Ruby Ridge, Idaho, siege (see August 31, 1992). McVeigh is appalled by the government’s conduct, as is his friend Terry Nichols, with whom he is staying (see Summer 1992). [Douglas O. Linder, 2001; CNN, 12/17/2007] McVeigh has been closely following the events at Ruby Ridge since the siege began in April 1992, both in local newspapers and in publications such as the National Rifle Association’s American Hunter and the racist, separatist Spotlight, and will complain that the mainstream media gives only the government’s version of events. He will later recall this as a “defining moment” in his life. [Stickney, 1996, pp. 147-148; PBS Frontline, 1/22/1996] McVeigh will go on to bomb a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995).

Entity Tags: National Rifle Association, Terry Lynn Nichols, Timothy James McVeigh

Timeline Tags: US Domestic Terrorism

White supremacist Randy Weaver surrenders after an 11-day standoff with federal authorities at his cabin on Ruby Ridge, Idaho. The standoff cost the lives of Weaver’s wife and son, and a US marshal. The incident, according to the Southern Poverty Law Center, will “galvanize… many on the radical right.” [Southern Poverty Law Center, 6/2001]

Entity Tags: Randy Weaver, Southern Poverty Law Center

Timeline Tags: US Domestic Terrorism

Abu Abdel Aziz Barbaros in Bosnia in September 1992. His beard is dyed with henna.Abu Abdel Aziz Barbaros in Bosnia in September 1992. His beard is dyed with henna. [Source: Pascal le Segretain / Corbis]Jamal al-Fadl, an al-Qaeda financial agent, is sent from bin Laden’s headquarters in Sudan to Zagreb, Croatia, to gather information about the Bosnian war and the prospects of buying businesses in Croatia for al-Qaeda. In Croatia, he meets with Enaam Arnaout (who will soon become the head of the Benevolence International Foundation (BIF) in the US), and al-Qaeda operatives Abu Abdel Aziz Barbaros (a.k.a. Abdel Rahman al Dosari), and Abu Zubair al Madani, one of bin Laden’s cousins (he will later be killed fighting in Bosnia). Barbaros tells al-Fadl that al-Qaeda is seeking to create training camps in Bosnia, develop relationships with Bosnian charities, and establish businesses to help finance al-Qaeda activities. He says that BIF is providing money for al-Qaeda to buy weapons to use in Bosnia and that they have already obtained some weapons from Germany with the help of BIF and Mohammed Loay Bayazid (who also works for BIF in the US). According to a later Justice Department indictment, Barbaros also says that “al-Qaeda’s goal in Bosnia [is] to establish a base for operations in Europe against al-Qaeda’s true enemy, the United States.” Around this time, BIF begins providing food, clothing, money and communications equipment to fighters in Bosnia, including the elite Black Swans unit. [USA v. Enaam M. Arnaout, 10/6/2003, pp. 24-25 pdf file; Kohlmann, 2004, pp. 16-17] In 1996, al-Fadl will defect from al-Qaeda and tell all he knows to US investigators (see June 1996-April 1997).

Entity Tags: Black Swans, Abu Abdel Aziz Barbaros, Abu Zubair al Madani, Benevolence International Foundation, Enaam Arnaout, Jamal al-Fadl, Al-Qaeda, Mohammed Loay Bayazid

Timeline Tags: Complete 911 Timeline

A federal appeals court upholds the dismissal of a lawsuit filed on behalf of 23 Navy sailors killed in the attack on the USS Stark (see May 17, 1987 and After) against a number of defense contractors. A similar lawsuit on behalf of one of the sailors killed in the attack was dismissed a year before (see June 13, 1991). This time the plaintiffs file over 2,500 pages of unclassified documentary evidence supporting their claims that the contractors were negligent in their design and implementation of the weapons systems aboard the Stark. The appeals court finds that regardless of the amount of evidence entered, to allow the trial would be to potentially infringe on the US government’s “state secrets” privilege (see March 9, 1953). “[N]o amount of effort could safeguard the privileged information,” the court rules. The court adds that “classified and unclassified information cannot always be separated, and therefore courts must restrict access not only to classified material, but to “those pieces of evidence” that “press so closely upon highly sensitive material that they create a hgh risk of inadvertent or indirect disclosures.” [Siegel, 2008, pp. 198]

Entity Tags: US Department of the Navy

Timeline Tags: Civil Liberties

Beginning in November 1992, Egyptian intelligence repeatedly warns US intelligence that Sheikh Abdul-Rahman’s principal mosques in the US, the Al Salaam and Al Farouq mosques in Brooklyn, are “hotbeds of terrorist activity,” and that Abdul-Rahman is plotting a new round of terrorist attacks in Egypt. The Al-Kifah Refugee Center charity front is based inside the Al Farouq mosque (see 1986-1993). One Egyptian official later says, “There were many, many contacts between Cairo and Washington.” On November 12, 1992, members of the Al-Gama’a al-Islamiyya militant group led by Abdul-Rahman machine-guns a bus-load of Western tourists in Egypt, injuring five Germans. [Village Voice, 3/30/1993] Between February 6 and 11, 1993, some FBI agents travel to Cairo, Egypt, to discuss Egyptian concerns with officials there. The Egyptians are said to warn about certain terrorist cells in the US connected to Abdul-Rahman but do not specifically warn about the WTC bombing. [New York Times, 4/6/1993] Perhaps as a result of these concerns, on February 13, the FBI obtains a FISA warrant and begins tapping Abdul-Rahman’s phone calls. [Lance, 2003, pp. 103] Shortly after the WTC bombing two weeks later (see February 26, 1993), Egyptian President Hosni Mubarak will say that the bombing could have been prevented if Egypt’s warnings had been heeded. [New York Times, 4/6/1993]

Entity Tags: Egypt, Al Farouq Mosque, Al Salaam Mosque, Al-Kifah Refugee Center, Omar Abdul-Rahman, Al-Gama’a al-Islamiyya, Hosni Mubarak, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Clement Rodney Hampton-El, one of the 1993 “Landmarks” bombers (see June 24, 1993), is summoned to the Saudi Embassy in Washington and told that wealthy Saudis are sponsoring fighters in Bosnia. Hampton-El has longstanding links to the International Islamic Relief Organization (IIRO), which is closely tied to the Saudi government (see October 12, 2001). He is given $150,000 to recruit and train people in the US to fight in Bosnia. [Schindler, 2007, pp. 121-122] He starts a militant training camp in Pennsylvania that same month (see December 1992-Early February 1993) and gets $150,000 overseas from a bin Laden linked charity front (it is not known if this is the same $150,000 or additional money) (see Late 1992-Early 1993). The Saudi embassy also introduces him to a radical imam named Bilal Philips. Philips, a Canadian citizen and author on Islamic topics, has been employed by the Saudi government since early 1991 to proselytize among US soldiers stationed in Saudi Arabia (see March-September 1991). Philips gives Hampton-El a list of likely candidates who are ex-US soldiers that Philips recently helped convert to Islam. [Schindler, 2007, pp. 121-122] That same month, 14 ex-US soldiers go to Bosnia to fight and train there (see December 1992-June 1993). They are led by double agent Ali Mohamed, who, like Hampton-El, is closely tied to the Al-Kifah Refugee Center in New York.

Entity Tags: Bilal Philips, Clement Rodney Hampton-El, Saudi Embassy (US)

Timeline Tags: Complete 911 Timeline

Mohammed Abouhalima.Mohammed Abouhalima. [Source: Corbis]Siddig Siddig Ali, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Mohammed Abouhalima, and others train at a militant training camp in New Bloomfield, Pennsylvania, with weapons and ammunition provided by Yahya and Clement Rodney Hampton-El (see February 21, 1995). Abouhalima will later be convicted for a role in the 1993 WTC bombing, as will his brother (see February 26, 1993) while the others mentioned will be convicted for roles in the related “Landmarks” plot (see June 24, 1993). [USA v. Omar Ahmad Ali Abdel-Rahman et al, 7/13/1995, pp. 9] Yahya is the chief instructor, as he is an ex-US Marine who served two tours in Vietnam and teaches at a martial arts academy. Siddig Ali will later say of Yahya, “[H]e’s decorated and has a lot of medals… [and he was] a great trainer…” The training even includes mock nighttime assaults on a nearby electric power substation. [Kohlmann, 2004, pp. 73] An FBI informant named Garrett Wilson helps lead the FBI to the camp, and the FBI monitors it for two days, January 16 and 17, but the monitoring team is mysteriously pulled away before the end of the second day (see January 16-17, 1993). In a wiretapped conversation with an FBI informant (most likely Wilson), Siddig Ali says regarding the camp, “Our goal is that these people get extensive and very, very, very good training, so that we can get started at anyplace where jihad (holy war) is needed… And after they receive their training, they go to Bosnia… And whoever survives, I mean, could come and [instruct] somewhere else, or Egypt, or any other place, etc…” [Kohlmann, 2004, pp. 73] Hampton-El makes trips to Europe to pick up money from the Third World Relief Agency (TWRA) charity front to fund the camp (see Late 1992-Early 1993). TWRA is funneling huge amounts of weapons into Bosnia in violation of a UN embargo but with the tacit approval of the US (see Mid-1991-1996).

Entity Tags: Siddig Siddig Ali, Mohammed Abouhalima, Clement Rodney Hampton-El, Garrett Wilson, Abdo Mohammed Haggag, Abu Ubaidah Yahya, Third World Relief Agency

Timeline Tags: Complete 911 Timeline

Richard Chichakli.Richard Chichakli. [Source: Public domain]In the spring of 1993, Victor Bout moves to Sharjah, United Arab Emirates (UAE), and begins to use it as the central hub of expanding business empire. Bout is an ex-Russian military officer and is rapidly developing an international network to buy, sell, and transport illegal goods, mostly weapons. The UAE is centrally located for his needs, and it has no money laundering laws, low taxes, and very lax banking regulations. Sharjah International Airport has almost no air passenger traffic at the time, being overshadowed by the popular airport in Dubai a short distance away. So the airport establishes a niche as an air cargo hub by offering tax incentives for cargo companies. In 1993, Richard Chichakli becomes friends and business partners with Bout. In 1995, Sharjah airport hires Chichakli to be the commercial manager of a new free trade zone now being heavily used by Bout. Chichakli, a Syrian by birth, has an interesting background. He claims to have been friends with Osama bin Laden while studying in Saudi Arabia in the early 1980s. He will later claim that he used to “sit around and eat sandwiches and sing songs” with bin Laden and his siblings, back when “Osama was OK.” In 1986, he moved to Texas, became a US citizen, and served in the US army until 1993, specializing in aviation, interrogation, and intelligence. He will later claim that he not only served in the US military, but also spent about 18 years working in intelligence (which, if true, would mean he was an intelligence agent when he was friends with bin Laden). Chichakli’s free trade zone is wildly successful. [Center for Public Integrity, 11/20/2002; Farah and Braun, 2007, pp. 53-56] In 2000, US investigators will learn that Chichakli is living in Texas again and is still working closely with Bout. [Farah and Braun, 2007, pp. 53] However, no action will be taken against him until April 26, 2005, when US Treasury and FBI agents raid his home and business in Texas. They will seize his computer, documents, and over $1 million in assets as part of an investigation into Bout’s financial empire, but they will not arrest him. Chichakli will not be stopped when he leaves the US several days later. He will move to Syria, where it is later suspected that he and Bout supply Hezbollah with weapons (see July 2006). [Farah and Braun, 2007, pp. 247-248] Meanwhile, Sharjah and its airport will become a hub for al-Qaeda and the 9/11 plot. By 1996, there are daily flights between Afghanistan and Sharjah, and al-Qaeda uses Sharjah for drug and arms smuggling (see Mid-1996-October 2001). 9/11 mastermind Khalid Shaikh Mohammed will live in Sharjah in 1998 (see July 8, 1999), and 9/11 plot facilitator Mustafa Ahmed al-Hawsawi will be based in Sharjah in the months before the 9/11 attacks. Some of the 9/11 hijackers will pass through there and visit him (see Early-Late June, 2001).

Entity Tags: Victor Bout, Richard Chichakli

Timeline Tags: Complete 911 Timeline

White separatist Timothy McVeigh (see March 24, 1988 - Late 1990), already mulling over plans to bomb an Oklahoma City federal building (see 8:35 a.m. - 9:02 a.m. April 19, 1995), quits his job with an upstate New York security company (see November 1991 - Summer 1992), sells all of his belongings except what will fit into his car, and begins traveling around the US attending gun shows and militia events. Not all militia movements are characterized by the racist ideology that helps impel McVeigh, but many are, and many white hate groups are making common cause with militias. McVeigh ekes out enough money selling knives, fatigues, and copies of The Turner Diaries (see 1978) to continue his travels, and meets a number of like-minded people. One gun collector who knows McVeigh from the circuit will later tell investigators: “He carried that book all the time. He sold it at the shows. He’d have a few copies in the cargo pocket of his cammies. They were supposed to be $10, but he’d sell them for $5. It was like he was looking for converts.… He could make 10 friends at a show, just by his manner and demeanor. He’s polite, he doesn’t interrupt.” The gun collector, who refuses to give his name to a reporter, also recalls McVeigh living mostly in his car and carrying a “big pistol” with him at all times. An undercover detective will later recall McVeigh showing people at one 1993 gun show in Phoenix how to convert a flare gun into a rocket launcher, and giving out documents with the name and address of the FBI sniper who had shot the wife of white supremacist Randy Weaver at Ruby Ridge (see August 31, 1992). Psychology professor Gerald Post will later say, “Gun shows have become town hall meetings for racists and antigovernment radicals.” At McVeigh’s trial, prosecutors will say that McVeigh used the gun shows to “fence stolen weapons, make contacts to buy bomb materials, and hone his terrorist skills.” During his travels, McVeigh writes to his sister Jennifer, saying that the government is planning to disarm gun owners and incarcerate them in concentration camps. [New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001] Author Brandon M. Stickney will later write: “Today, this part of McVeigh’s life would be difficult even for Tim to document, but it was during this odyssey of uncertainty that he became seriously involved in a dangerous world. Tim was now driven by a desire for ‘citizen action,’ or a movement by the people to alter the liberal thinking of politicians and officials in power.… [I]t is believed that during those lost days, he was frequently exposed to the growing ‘paramilitary’ underworld of Michigan and other states. Groups whose members were upset with taxes, political corruption, and incidents like Ruby Ridge spoke of organizing ‘militias.’” [Stickney, 1996, pp. 150]
Meets Fellow Anti-Government Figures at Gun Shows - Along the way, McVeigh meets Andreas Strassmeir, the head of security for the far-right white supremacist community at Elohim City, Oklahoma (see 1973 and After). He also meets gun dealer Roger Moore at a gun show; McVeigh’s partner Terry Nichols will later rob Moore (see November 5, 1994) as part of McVeigh and Nichols’s bomb plot. [New York Times, 7/5/1995; PBS Frontline, 1/22/1996; Douglas O. Linder, 2001; Nicole Nichols, 2003] Moore is an outspoken man who loudly boasts about his love of country and his hatred for the federal government. He frequently says he would be more than willing to take part in a violent assault against federal law enforcement officials, but, he says, his girlfriend, Karen Anderson, will not let him get involved in such activities. He will later tell a reporter: “I don’t give a sh_t. I’ll put on my flak vest, take a bunch of godd_mn guns in my van, and if I get in a firefight, so be it. I wanna run around and dig up a lot of stuff, but she will not let me go anywhere.” [Serrano, 1998, pp. 59]
Admires Davidian Attack on Federal Law Enforcement Officials - McVeigh has recently developed a crippling habit of gambling on football games, and has maxed out several credit cards, severely damaging his financial status, though by the end of 1992 he had paid off all but one $10,000 debt. According to his later recollections, he is depressed and frustrated by his inability to find someone to love. He spends some time in Florida, living with his sister and working for her husband as an electrician. He meets Moore while in Florida, and shares a table with him at one gun show. He finds Miami too loud and the people offensive, so he leaves shortly after his arrival. It is at this time that he first learns of the federal raid on the Branch Davidian compound outside Waco (see 5:00 A.M. - 9:30 A.M. February 28, 1993), and while watching news coverage of the event, tells his sister that the Davidians “must be doing something right, they are killing Feds.” [PBS Frontline, 1/22/1996]

Entity Tags: Roger E. (“Bob”) Moore, Karen Anderson, Jennifer McVeigh, Andreas Strassmeir, Brandon M. Stickney, Gerald Post, Timothy James McVeigh, Terry Lynn Nichols

Timeline Tags: US Domestic Terrorism

The 9/11 Commission, relying on a CIA report, will later say that three of the men involved in the 1993 World Trade Center bombing travel on Saudi passports containing an indicator of possible Islamist extremism. [9/11 Commission, 8/21/2004, pp. 46-47, 61 pdf file] Author James Bamford will say that it is a “secret coded indicator, placed there by the Saudi government, warning of a possible terrorist affiliation.” [Bamford, 2008, pp. 58-59] It is unclear what the indicator looks like precisely and who the men are. However, Ahmad Ajaj, an associate of lead bomber Ramzi Yousef, does have a Saudi passport. Some of the 9/11 hijackers will later use Saudi passports with the same indicator (see October 28, 2000, June 1, 2001, and June 13, 2001, and November 2, 2007). [9/11 Commission, 8/21/2004, pp. 46-47, 61 pdf file]

Entity Tags: Ahmad Ajaj

Timeline Tags: Complete 911 Timeline

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