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Context of 'November 2004: UN Human Official: Condoning of Torture is Violation of Prohibition on Torture'

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It has been widely reported that the CIA never had any assets near bin Laden before 9/11. For instance, Lawrence Wright will write in his highly regarded 2006 book, The Looming Tower, “The fact is that the CIA had no one inside al-Qaeda or the Taliban security that surrounded bin Laden.” [Wright, 2006, pp. 265] But author Ronald Kessler will write in a 2004 book, “Often, the CIA used operatives from Arab intelligence services like those of Jordan, Syria, Egypt, and other countries to infiltrate bin Laden’s organization.” A longtime CIA officer says, “Egyptians, Jordanians, [and] Palestinians penetrated the bin Laden organization for us. It’s B.S. that we didn’t.” Kessler further explains that such operations remain one of the CIA’s best-kept secrets and often occur even with intelligence agencies the CIA is sometimes otherwise at odds with. Kessler says, “In return for help, the CIA provided them with money, equipment, and intelligence on their adversaries. Over the years, the Jordanians, for example, relied on the CIA to alert them to plots against the king. Over time, the Jordanians became so good at the intelligence game that they were better at detecting plots than the CIA.” [Kessler, 2004, pp. 143] Jack Cloonan, an FBI expert on al-Qaeda, will later say, “There were agents run into the camps. But most of them were not very well placed,” and lacked access to the inner circles. [United Press International, 11/27/2006] One example of such an asset may be Khalil Deek, who worked closely with al-Qaeda leader Abu Zubaida (see 1998-December 11, 1999) and was reportedly a mole for Jordanian intelligence (see Shortly After December 11, 1999). In the months before 9/11, Jordan will warn the US that al-Qaeda is planning a major attack inside the US using aircraft (see Late Summer 2001), and Egypt will warn the CIA that al-Qaeda has 20 operatives on a mission in the US, some of them training to fly (see Late July 2001).

Entity Tags: Central Intelligence Agency, Syria, Jack Cloonan, Jordan General Intelligence Department, Khalil Deek, Egypt

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kirk Lippold.Kirk Lippold. [Source: CNN]At the CIA headquarters in Langley, Virginia, three senior CIA officers—John Russack, Don Kerr, and Charlie Allen—are having breakfast with Navy Commander Kirk Lippold. Lippold was the commanding officer of the USS Cole when it was attacked in Yemen the previous year (see October 12, 2000). The men’s discussion is focused on terrorism. Lippold is upset that the American public still does not recognize the threat it poses, and says that it will take a “seminal event” to awaken them to the problem. Following the breakfast, Lippold heads to the Counterterrorist Center at CIA headquarters for some briefings. Just minutes later, after the WTC is hit, Charlie Allen will contact Lippold and tell him, “The seminal event just happened.” [Tenet, 2007, pp. 162-163]

Entity Tags: Charles E. Allen, Don Kerr, John Russack, Kirk Lippold

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Satam Al Suqami’s remarkably undamaged passport, marked and wrapped in plastic. It is shown as evidence in the 2006 Zacarias Moussaoui trial.Satam Al Suqami’s remarkably undamaged passport, marked and wrapped in plastic. It is shown as evidence in the 2006 Zacarias Moussaoui trial. [Source: FBI]The passport of 9/11 hijacker Satam Al Suqami is reportedly found a few blocks from the World Trade Center. [ABC News, 9/12/2001; Associated Press, 9/16/2001; ABC News, 9/16/2001] Barry Mawn, the director of the FBI’s New York office, will say that police and the FBI found it during a “grid search” of the area. [CNN, 9/18/2001] However, according to the 9/11 Commission, the passport is actually discovered by a male passer-by who is about 30 years old and wearing a business suit. The man gives it to New York City Police Department Detective Yuk H. Chin shortly before 9:59 a.m., when the South Tower of the WTC collapses. The man leaves before he is identified. Chin, according to the 9/11 Commission, will give the passport to the FBI later in the day. [9/11 Commission, 1/26/2004; 9/11 Commission, 8/21/2004, pp. 40 pdf file] An FBI timeline concerned with the 9/11 hijackers will state that the passport is found by a civilian “on the street near [the] World Trade Center,” and is “soaked in jet fuel.” [Federal Bureau of Investigation, 10/2001, pp. 291 pdf file] According to FBI agent Dan Coleman, Al Suqami’s passport is handed to a New York City detective who is “down there, trying to talk to people as they were coming out of the buildings.” By the time the detective looks up again after receiving the passport, the man who handed it to him has run off, “which doesn’t make sense,” Coleman will say. The passport is then given to a detective on the Joint Terrorism Task Force. Coleman will say that by this evening, “we realized… that this was the passport of one of the people that headquarters had identified as one of the 19 probable hijackers.” [France 5, 3/14/2010] Investigative journalist Nick Davies will later write that he talked to “senior British sources who said they believed that the discovery of a terrorist’s passport in the rubble of the Twin Towers in September 2001 had been ‘a throwdown,’ i.e. it was placed there by somebody official.” [Davies, 2009, pp. 248] The Guardian will comment, “The idea that Mohamed Atta’s passport had escaped from that inferno unsinged [tests] the credulity of the staunchest supporter of the FBI’s crackdown on terrorism.” (Note that, as in this Guardian account, the passport will frequently be mistakenly referred to as belonging to Atta, not Al Suqami.) [Guardian, 3/19/2002]

Entity Tags: Dan Coleman, Federal Bureau of Investigation, Satam Al Suqami, New York City Police Department, Barry Mawn, Yuk H. Chin

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Michael Allen Noeth.Michael Allen Noeth. [Source: Associated Press / Army Times]Personnel in the Navy Command Center at the Pentagon, which is located on the first floor of the building’s southwest face, learn of the attack on the WTC from television reports. The center is tasked with constantly monitoring global current events and also monitoring the latest status of all US Naval assets around the world. Its employees have to keep Navy leaders in Washington up to date on what is happening in the world as it directly relates to Navy operations and other security or military issues. Admiral Timothy Keating, who is the Navy’s director of operations in the Pentagon, describes it as a “nerve center.” Forty to 50 people man it constantly, 24 hours every day. Located within the center is the Chief of Naval Operations Intelligence Plot (CNO-IP), a small, highly secretive intelligence unit that constantly monitors geopolitical developments and military movements that could threaten American forces. The Navy Command Center has just been renovated, and its dozens of employees have been moving in during the past month. According to the Washington Post, the first the Command Center knows of the unfolding crisis is when Petty Officer Michael Allen Noeth sees the scene from the World Trade Center on the TV sets bolted to the wall, and shouts, “My God! What’s happened?” Another employee Lt. Kevin Shaeffer later recalls, “We quickly knew what was going on in New York City after the first plane hit the first tower… and stood up a watch to start logging events and tracking things for the Navy.” [St. Petersburg Times, 9/14/2001; Washington Post, 9/16/2001; Washington Post, 1/20/2002; Chips, 3/2003] Despite the center supposedly being a “nerve center,” those in it supposedly are not initially aware that this is a terrorist attack. According to Timothy Keating, who is presently in the Navy Command Center receiving his daily briefing, “We were quite bewildered. We couldn’t understand how a pilot could make such a significant navigational error on a day when the skies were crystal clear blue.” [Washington Post, 9/16/2001; American Forces Press Service, 9/11/2006] All 30 people in the Command Center’s main room watch the footage of the WTC on the large televisions there, whispering to each other, “Think it’s an accident?” [Virginian-Pilot, 9/7/2002] However, according to the Washington Post, “A few old hands muttered to themselves that the Pentagon was probably next.” [Washington Post, 9/16/2001] According to one officer, it is only when the second plane hits the WTC that there will be an “almost instantaneous recognition” that this is a terrorist attack. [Daily Telegraph, 9/11/2002] By that time, Keating will have gone back to his office. He too supposedly only realizes this is an attack when he sees television showing the second crash. [American Forces Press Service, 9/11/2006] Much of the Navy Command Center will be destroyed when the Pentagon is hit at 9:37 a.m. Forty-two of the 50 people working in it will be killed. [Washington Post, 1/20/2002; National Defense Magazine, 6/2003]

Entity Tags: US Department of the Navy, Timothy Keating, Kevin Shaeffer, Michael Allen Noeth

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Clyde Vaughn.Clyde Vaughn. [Source: Scott Davis / US Army]General John Keane, vice chief of staff of the Army, learns that a plane has crashed into the World Trade Center and consequently orders that the Army Operations Center (AOC) at the Pentagon be brought up to full manning. Keane is in his office at the Pentagon when one of his sergeants rushes into the room, tells him something terrible has happened in New York, and turns on the television. Keane sees the reports stating that a plane has hit the WTC and is immediately suspicious. “I noticed it was a blue-sky day and [thought] you could not hit the WTC by accident,” he will later recall. “I knew in 1993 terrorists had tried to bomb the WTC and bring it down from an underground parking garage,” he will say (see February 26, 1993). Therefore, he will recall, “I sensed it instinctively, what had happened, that this was a terrorist act.” He calls Major General Peter Chiarelli, the Army’s director of operations, readiness, and mobilization, who is in his office at the Pentagon, and tells him to bring the AOC up to full manning. [Fox News, 9/12/2011; Fordham News, 9/10/2016; Weekly Standard, 9/11/2016] The AOC, located in the basement of the Pentagon, is “the place that people will migrate” to during an emergency, according to Brigadier General Clyde Vaughn, the Army’s deputy director of operations, readiness, and mobilization. It is equipped with state-of-the-art communications equipment and television sets for monitoring news coverage. [Washington Post, 8/25/1995; US Army Center of Military History, 2/12/2002; Soldiers, 9/2004] Keane will subsequently see the second hijacked plane crashing into the WTC on television (see 9:03 a.m. September 11, 2001). Sometime after that, Chiarelli will call him to confirm that the AOC is fully manned (see Shortly Before 9:37 a.m. September 11, 2001). [Fordham News, 9/10/2016] The AOC will remain manned throughout today’s attacks and their aftermath. Keane will go to it after the Pentagon is attacked, to provide leadership and guidance (see (Shortly After 9:37 a.m.) September 11, 2001). [Goldberg et al., 2007, pp. 135; Christopher N. Koontz, 2011, pp. 56 pdf file; Fox News, 9/12/2011] The Army’s Crisis Action Team, whose members assemble in the AOC, will be activated sometime after Keane orders Chiarelli to bring the operations center up to full manning (see (Shortly After 9:03 a.m.) September 11, 2001). [US Army Center of Military History, 2/5/2002; Rossow, 2003, pp. 64-65]

Entity Tags: Clyde A. Vaughn, Peter W. Chiarelli, John Keane

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Timothy Keating.Timothy Keating. [Source: Department of Defense]Admiral Timothy Keating, the Navy’s director of operations in the Pentagon, is back in his fourth-floor office for a 9:00 a.m. meeting with Edmund James Hull, the US ambassador-designate to Yemen. Keating has just returned from the Navy Command Center on the Pentagon’s first floor, where he’d received his daily briefing, and where he’d seen the television reports of the first crash at the World Trade Center (see (8:48 a.m.-9:02 a.m.) September 11, 2001). Despite seeing the second plane hitting the WTC on television, Keating and Hull reportedly do not question their own safety at the Pentagon. Though it is now obvious that the US is under attack, they start discussing the upcoming first anniversary of the terrorist attack on the USS Cole (see October 12, 2000). In 2002, Keating will recall, “We were discussing the fact that the Cole attack was coming up on a year’s anniversary—those were almost our exact words at the moment the plane impacted [the Pentagon],” which happens at 9:37 a.m. But in 2006, Keating will give a different account, telling Washington Post Radio that, after seeing the second crash on TV, he understands this is an attack. In response, he will claim, he makes some phone calls and is on his way back to the Navy Command Center when the Pentagon is hit. [Sea Power, 1/2002; Association for Diplomatic Studies and Training, 10/2005; Shipmate, 9/2006 pdf file; American Forces Press Service, 9/11/2006] The Command Center will be mostly destroyed in the attack, and 42 of the 50 people working in it will be killed. [Washington Post, 1/20/2002; National Defense Magazine, 6/2003]

Entity Tags: Timothy Keating, Edmund James Hull

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Flight 175 hits the WTC South Tower. The picture was taken from a traffic helicopter.Flight 175 hits the WTC South Tower. The picture was taken from a traffic helicopter. [Source: WABC 7/ Salient Stills]Flight 175 hits the South Tower of the World Trade Center (Tower Two). Seismic records pinpoint the time at six seconds before 9:03 a.m. (rounded to 9:03 a.m.). Hijackers Marwan Alshehhi, Fayez Ahmed Banihammad, Mohand Alshehri, Hamza Alghamdi, and Ahmed Alghamdi presumably are killed instantly, and many more in the tower will die over the next few hours. [New York Times, 9/12/2001; CNN, 9/12/2001; CNN, 9/17/2001; North American Aerospace Defense Command, 9/18/2001; USA Today, 12/20/2001; Federal Emergency Management Agency, 5/1/2002, pp. 1-10; New York Times, 5/26/2002; Associated Press, 8/21/2002; USA Today, 9/2/2002] According to the NIST report, the crash time is 9:02:59. [National Institute of Standards and Technology, 9/2005, pp. 38] According to the 9/11 Commission Report, the crash time is 9:03:11. [9/11 Commission, 7/24/2004, pp. 8] Millions watch the crash live on television. The plane strikes the 77th through 85th floors in the 110-story building. Approximately 100 people are killed or injured in the initial impact; 600 people in the tower eventually die. The death toll is far lower than in the North Tower because about two-thirds of the South Tower’s occupants have evacuated the building in the 17 minutes since the first tower was struck. [USA Today, 12/20/2001; National Institute of Standards and Technology, 9/2005, pp. 5-9, 41] The combined death toll from the two towers is estimated at 2,819, not including the hijackers. [Associated Press, 8/21/2002] The impact severs some columns on the south side of the South Tower. Each of the Twin Towers is designed as a “tube-in-tube” structure and the steel columns which support its weight are arranged around the perimeter and in the core. The plane, which is traveling at an estimated speed of around 500 mph (see October 2002-October 2005), severs 33 of the building’s 236 perimeter columns and damages another one. [National Institute of Standards and Technology, 9/2005, pp. 39] The perimeter columns bear about half of the tower’s weight, so the damage to them reduces the tower’s ability to bear gravity loads by about 7.1 percent. [National Institute of Standards and Technology, 9/2005, pp. 6] The actual damage to the 47 core columns is not known, as there are no photographs or videos of it, but there will be much speculation about this after 9/11. It will be suggested that some parts of the aircraft may be able to damage the core even after crashing through the exterior wall (see 8:46 a.m. September 11, 2001). [National Institute of Standards and Technology, 9/2005, pp. 107] According to NIST’s base case model, five of the core columns are severed and another five suffer some damage. [National Institute of Standards & Technology, 9/2005, pp. 235 pdf file] This may reduce the tower’s ability to bear loads by a further approximately 8 percent, meaning that the aircraft impact accounted for a loss of about 15 percent of the building’s strength. This damage will be cited as an event contributing to the building’s collapse after 9/11 (see October 23, 2002 and October 19, 2004). NIST’s base case estimate of damage to the North Tower’s core will be similar, even though the aircraft impact there was dissimilar (see 8:46 a.m. September 11, 2001). Flight 11 hit the North Tower’s core head on, whereas Flight 175 only hits the corner of the South Tower’s core. [National Institute of Standards and Technology, 9/2005, pp. 20-23, 38-41] In addition, some of the fireproofing on the steel columns and trusses may be dislodged (see 8:46 a.m. September 11, 2001). [National Institute of Standards & Technology, 9/2005, pp. xxxvi, 83 pdf file] Photographs and videos of the towers will not show the state of fireproofing inside the buildings, but the National Institute of Standards and Technology (NIST) will try to estimate the damage to fireproofing using a series of computer models. Its severe case model (see (October 2002-October 2005)) will predict that 39 of the 47 core columns are stripped of their fireproofing on one or more floors and that fireproofing is stripped from trusses covering 80,000 ft2 of floor area, the equivalent of about two floors. NIST will say that the loss of fireproofing is a major cause of the collapse (see April 5, 2005), but only performs 15 tests on fireproofing samples (see October 26, 2005). [National Institute of Standards and Technology, 9/2005, pp. 41] According to NIST, less fireproofing is stripped from the North Tower (see 8:46 a.m. September 11, 2001).

Entity Tags: World Trade Center, Marwan Alshehhi, Fayez Ahmed Banihammad, Hamza Alghamdi, National Institute of Standards and Technology, Ahmed Alghamdi, Mohand Alshehri

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Army Operations Center at the Pentagon.The Army Operations Center at the Pentagon. [Source: Soldiers]The Army’s Crisis Action Team (CAT) at the Pentagon is activated in response to the attacks on the World Trade Center. It is activated on the orders of Major General Peter Chiarelli, the Army’s director of operations, readiness, and mobilization.
General Instructed Colleague to Activate Crisis Team - At around 9:00 a.m., while he was preparing to go to a scheduled meeting, Chiarelli was called by Major General Julian Burns, deputy chief of staff for operations of the US Army Forces Command. Burns asked him if he had seen what had happened at the WTC on the news. Chiarelli looked up at the muted television in his office and then, after turning up the volume, watched the coverage of the crash at the WTC on CNN. He also called to his office Lieutenant Colonel Kevin Stramara, his chief of operations, who is responsible for the CAT. When Stramara arrived, Chiarelli told him, “We need to look at standing up the CAT because I believe we’ve got ourselves a possibility of a mass casualty [incident].” Although Chiarelli was uncertain whether what happened at the WTC had been a terrorist attack, he told Stramara: “Kevin, it’s time to activate the CAT. Get it set up.”
General Said Pentagon Had to Be a Potential Target - As Stramara was about to leave the room, the two men saw the TV coverage of the second hijacked plane, Flight 175, crashing into the WTC (see 9:03 a.m. September 11, 2001). Realizing this was a terrorist attack, Chiarelli pointed out, “If there are other aircraft up there that have been hijacked or if there are other aircraft getting ready to do this, this building [i.e. the Pentagon] has got to be a target.” He asked Stramara, “Who has responsibility for this building?” Stramara responded: “I don’t know. I will check, but first I’ll stand up the CAT.” [US Army Center of Military History, 2/5/2002; Lofgren, 2011, pp. 95-97]
Crisis Team Assembles in Army's 'Command and Control Center' - The CAT, according to author Robert Rossow, is “an organization of subject matter experts from throughout the Army staff who assemble in times of emergency in a special area within the AOC”—the Army Operations Center. [Rossow, 2003, pp. 64] The AOC is located in the basement of the Pentagon, inside a bunker reinforced by steel and concrete 60 feet below the parking lot, and is equipped with state-of-the-art communications equipment, as well as television sets for monitoring news coverage. Chiarelli will describe it as “the Army’s command and control center.” [Washington Post, 8/25/1995; Soldiers, 9/2004] It is “the place that people will migrate” to during an emergency, according to Brigadier General Clyde Vaughn, the Army’s deputy director of operations, readiness, and mobilization. [US Army Center of Military History, 2/12/2002]
Crisis Team Members Are Summoned to Operations Center - When the CAT is activated, according to Rossow, its members “are called to the AOC to man their battle stations.” [Rossow, 2003, pp. 64] A piece of equipment called a “dialogic machine” sends out a telephonic alert to summon Army personnel to join the CAT. The machine automatically calls these people and gives them a prerecorded message, instructing them to report immediately to the CAT floor. [US Army Center of Military History, 2/5/2002; Lofgren, 2011, pp. 100] Their mission, according to Rossow, is then “to provide information from their organizations and work issues within their particular area of expertise.” [Rossow, 2003, pp. 64]
Crisis Team Is Activated to Provide Assistance in New York - Chiarelli will subsequently be phoned by General Eric Shinseki, the Army chief of staff, and will only head to the AOC to join the CAT after the call ends (see (Shortly Before 9:37 a.m.) September 11, 2001). [US Army Center of Military History, 2/5/2002; Lofgren, 2011, pp. 98] He will tell Shinseki that he has activated the CAT to provide assistance in New York if requested by state and local officials, since he anticipates that the disaster at the WTC will require significant rescue, firefighting, and recovery efforts. [Goldberg et al., 2007, pp. 134] The CAT will be “formally stood up” at 9:43 a.m., according to Rossow (see 9:43 a.m. September 11, 2001). [Rossow, 2003, pp. 66] It will become “a focal point for all Pentagon activities,” according to Lieutenant Colonel Richard Kotch, who is working in the AOC this morning. [St. Louis Jewish Light, 9/8/2011] Army officers are in fact currently preparing for a CAT exercise, which is scheduled to take place during the forthcoming week, based on the scenario of a plane crashing into the WTC (see (September 4, 2001)). [US Army Center of Military History, 2/5/2002; Lofgren, 2011, pp. 96-97]

Entity Tags: Kevin Stramara, Clyde A. Vaughn, Peter W. Chiarelli, Julian H. Burns, US Army Crisis Action Team, US Department of the Army, Richard A. Kotch

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In the lobby of the north WTC tower, just after the South Tower is hit, Fire Commissioner Thomas Von Essen speaks briefly to Fire Chief Ray Downey. According to Von Essen, Downey—who is a highly respected expert on building collapses—says to him, “You know, these buildings can collapse.” Von Essen later recalls, “He just said it in passing, not that these buildings will collapse in 40 minutes and we have to get everybody out of here, or not that they’ll collapse by tomorrow, or not that they necessarily will collapse at all. Just that they can collapse.” [Fink and Mathias, 2002, pp. 229; 9/11 Commission, 5/18/2004] But other firefighters do not appear to have shared this concern. According to the National Institute of Standards and Technology (NIST), the Fire Department command officers who are planning for operations inside the Twin Towers expect that there will “be localized collapse conditions on the damaged fire floors,” but do “not expect that there [will] be any massive collapse conditions or complete building collapse.” At the end of its three-year investigation of the WTC collapses, NIST will report, “No one interviewed indicated that they thought that the buildings would completely collapse.” [National Institute of Standards and Technology, 9/2005, pp. 72 and 75-76] In fact, Deputy Fire Commissioner Lynn Tierney will meet up with Downey and others—including Von Essen—slightly later, on the south lawn of the WTC complex, where a new command center is set up. At that time, according to Tierney, Downey will only be concerned that the 360-foot antenna atop the North Tower will fall, and “No one ever thought the towers were going to come down.” [Pittsburgh Tribune-Review, 9/11/2006] However, shortly before the first tower comes down, EMT Richard Zarrillo will be asked to relay a message to some senior firefighters that the mayor’s Office of Emergency Management “says the buildings are going to collapse” (see (Before 9:59 a.m.) September 11, 2001). And later in the day, Mayor Giuliani will recount that around the same time, he had been told “that the World Trade Center was going to collapse” (see (Before 9:59 a.m.) September 11, 2001). The 9/11 Commission will state, “The best estimate of one senior [fire] chief, provided to the chief of the department sometime between 9:25 and 9:45, was that there might be a danger of collapse [of the South Tower] in a few hours, and therefore units probably should not ascend above floors in the sixties.” The Commission does not state, however, whether this fire chief was referring to a total building collapse or just a localized collapse. [9/11 Commission, 5/19/2004] Ray Downey is killed when the second tower collapses at 10:28 a.m. [New York Times, 9/9/2005]

Entity Tags: Lynn Tierney, New York City Fire Department, Ray Downey, National Institute of Standards and Technology, Thomas Von Essen

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General John Keane, vice chief of staff of the Army, talks on the phone with Major General Peter Chiarelli, the Army’s director of operations, readiness, and mobilization, about a suspicious plane that is approaching Washington, DC, and the two men discuss evacuating buildings in the capital, including the Pentagon. Keane called Chiarelli from his office at the Pentagon after he learned a plane had crashed into the World Trade Center and instructed him to bring the Army Operations Center (AOC) at the Pentagon up to full manning (see (Between 8:49 a.m. and 9:02 a.m.) September 11, 2001).
Officer Is Monitoring FAA Communications - Sometime after the second hijacked plane crashed into the WTC (see 9:03 a.m. September 11, 2001), Chiarelli, who is now in the AOC himself, calls Keane to confirm that the operations center is fully manned. He also says he is monitoring FAA communications and all planes are being grounded, Keane will later recall. [Fordham News, 9/10/2016; Weekly Standard, 9/11/2016] (However, the FAA will only order its facilities to instruct aircraft to land at the nearest airport at around 9:45 a.m., which is later than this conversation occurs (see (9:45 a.m.) September 11, 2001). [US Congress. House. Committee On Transportation And Infrastructure, 9/21/2001; 9/11 Commission, 7/24/2004, pp. 29] )
Officer Was Told about an Aircraft Approaching Washington - Before Chiarelli left his office and went to the AOC, an intelligence analyst told him additional aircraft had been hijacked and one of them was thought to be heading toward Washington. An intelligence officer told him about this aircraft again after he reached the AOC (see (Shortly Before 9:37 a.m.) September 11, 2001). [US Army Center of Military History, 2/5/2002; Rossow, 2003, pp. 65-66] Presumably based, at least partly, on what these intelligence officers said, Chiarelli tells Keane about the suspicious aircraft, apparently Flight 77, which is now in the vicinity of Washington. [Fox News, 9/12/2011]
Officers Discuss Evacuating Buildings in Washington - He says, “There’s an airplane that has come up from I-95 south towards Washington, DC, and it turned east and went back down, and they’re tracking it.” He adds: “I think this airplane was out in Ohio someplace and it turned around (see (8:54 a.m.) September 11, 2001). It’s probably where they [i.e. hijackers] took charge of it and [air traffic controllers] haven’t been able to get a hold of it.” The two men conclude that the suspicious aircraft is heading for a building in the capital. Keane asks Chiarelli, “Well, what’s the plan to evacuate buildings in Washington?” Chiarelli replies, “I’ve already asked that question.” Keane then asks: “Well, what’s the plan to evacuate this building [i.e. the Pentagon]? Why isn’t it being evacuated?” What, if anything, Chiarelli says in response is unstated. [Weekly Standard, 9/11/2016] Keane and Chiarelli will still be holding this conversation at 9:37 a.m., when the Pentagon is hit (see 9:37 a.m. September 11, 2001), and will continue it after the attack occurs (see (Shortly After 9:37 a.m.) September 11, 2001). [Fordham News, 9/10/2016]

Entity Tags: John Keane, Peter W. Chiarelli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

General John Keane, vice chief of staff of the Army, initially goes to assist people near the crash site after the Pentagon is hit but subsequently goes to the Army Operations Center (AOC) in the basement of the Pentagon to help the military respond to the terrorist attacks. Keane ordered Major General Peter Chiarelli, the Army’s director of operations, readiness, and mobilization, to bring the AOC up to full manning after he learned a plane had crashed into the World Trade Center (see (Between 8:49 a.m. and 9:02 a.m.) September 11, 2001). [Fordham News, 9/10/2016; Weekly Standard, 9/11/2016] The AOC is “the Army’s command and control center,” according to Chiarelli. [Soldiers, 9/2004] It is “the place that people will migrate” to during an emergency, according to Brigadier General Clyde Vaughn, the Army’s deputy director of operations, readiness, and mobilization. [US Army Center of Military History, 2/12/2002] And yet Keane did not go there himself in response to the attacks on the WTC and was still in his office when the Pentagon was hit. Although his office is located far away from where the attack occurred, it shook violently from the impact and subsequently started filling with smoke.
Keane Tells His Staffers to Go Home - Following the attack, Keane tells his immediate staff to call home and then evacuate. “Look, call your homes right now and make sure everybody knows you’re alright,” he says, “and then I want you to all to leave the building immediately.” He keeps just his executive officer and his aide with him, and decides to head to the scene of the attack. “Let’s go on down there and see if we can help some of these people,” he says. Keane and his colleagues grab some T-shirts, soak them in water, and wrap them around their noses and mouths for protection. They then make their way toward the crash site.
Keane Is Advised to Go to the Operations Center - About 100 yards from it, the smoke becomes thicker. People there are running away from the area of the attack. Keane and his two colleagues take time ensuring that everyone is able to get out of the Pentagon. After a while, though, Keane’s executive officer determines that they should be in the AOC. He tells Keane: “Look, you’ve got to take charge of the Army, so let’s get to the operations center. We’ll leave the recovery to other people.” “I knew immediately that he was right,” Keane will later comment. He and his two colleagues therefore go to the AOC. [Fordham News, 9/10/2016; Weekly Standard, 9/11/2016]
Keane Provides 'Leadership and Guidance' - When they get there, Keane talks to Chiarelli, who went to the operations center before the Pentagon was hit, and asks him for a situation report. Chiarelli says what he currently knows about the attacks. “I was able to tell [Keane] basically what had occurred at the World Trade Center,” he will recall, adding, “We were able to tell him that the [Pentagon] had been hit—he knew the building had been hit—and that there were other aircraft in the air.” [US Army Center of Military History, 2/5/2002; Lofgren, 2011, pp. 100] Keane subsequently provides “leadership and guidance” to the personnel in the AOC, according to a report published by the Army. [Christopher N. Koontz, 2011, pp. 56 pdf file] He apparently stays in the operations center for the rest of the day. [Fordham News, 9/10/2016; Weekly Standard, 9/11/2016] Other senior Army leaders also go to the AOC following the attack on the Pentagon. [US Army Center of Military History, 2/5/2002; Rossow, 2003, pp. 67; Goldberg et al., 2007, pp. 135]

Entity Tags: US Department of the Army, Clyde A. Vaughn, John Keane, Peter W. Chiarelli

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

After spending about 40 minutes at the disaster scene, on the World Trade Center site, New York City Mayor Rudolph Giuliani relocates to a small office building at 75 Barclay Street, about two blocks from the WTC, hoping to establish a command post there. His usual command center, in WTC 7, was evacuated at around 9:30 a.m. (see (9:30 a.m.) September 11, 2001). With him are several colleagues, including Police Commissioner Bernard Kerik and Office of Emergency Management Director Richard Sheirer. [Kerik, 2001, pp. 334; Giuliani, 2002, pp. 10; 9/11 Commission, 5/18/2004 pdf file; 9/11 Commission, 5/19/2004; Barrett and Collins, 2006, pp. 10] While at Barclay Street, Giuliani is able to get in touch with the White House, and speaks to Chris Henick, the deputy political director to President Bush (see 9:58 a.m. September 11, 2001). Immediately afterwards, he receives a phone call from Vice President Cheney, though this is cut off before either one is able to speak. Giuliani also claims he is given advance warning of the South Tower’s collapse while at this command post (see (Before 9:59 a.m.) September 11, 2001). After the South Tower collapses outside, Giuliani and his colleagues all decide to evacuate, going through the basement into a neighboring building, 100 Church Street. They will then leave this and head north, being joined by cameras and press. [Fink and Mathias, 2002, pp. 112; 9/11 Commission, 5/19/2004; Barrett and Collins, 2006, pp. 348]

Entity Tags: Rudolph (“Rudy”) Giuliani, Bernard Kerik, Richard Sheirer

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder.Dick Cheney and senior staff witness the collapse of the WTC South Tower. Directly behind Cheney are Norman Mineta and I. Lewis ‘Scooter’ Libby. National Security Advisor Condoleezza Rice stands behind Cheney’s left shoulder. [Source: David Bohrer / White House]In the conference room of the Presidential Emergency Operations Center (PEOC), Vice President Cheney, National Security Adviser Condoleezza Rice, and their aides watch the South Tower collapsing on television. [Newsweek, 12/31/2001] Cheney will later say that the WTC coming down “was a shock to everybody—it certainly was to me.” [PBS, 9/9/2002] However, if he is indeed shocked, this is not how Cheney appears to others in the room. One witness who is present will later recall that, as the South Tower collapses, there is “a groan in the room that I won’t forget, ever. It seemed like one groan from everyone.” However, Cheney makes no sound, but closes his eyes for a long, slow blink. The witness says, “I remember turning my head and looking at the vice president, and his expression never changed.” [Washington Post, 6/24/2007] According to Mary Matalin, a counselor to the vice president, Cheney says nothing in response to the collapse, but “he emoted in a way that he emotes, which was to stop.” [CNN, 9/11/2002; CNN, 9/11/2002] When he is told that a casualty estimate ranges well into the thousands, the vice president reportedly just nods grimly. [Newsweek, 12/31/2001] According to the Washington Post, three people who are present say they see no sign now or later “of the profound psychological transformation that has often been imputed to Cheney.” What they see is “extraordinary self-containment and a rapid shift of focus to the machinery of power. While others assessed casualties and the work of ‘first responders,’ Cheney began planning for a conflict that would call upon lawyers as often as soldiers and spies.” He will promptly begin assembling the legal team that subsequently assists him in expanding presidential power (see (After 10:00 a.m.) September 11, 2001). [Washington Post, 6/24/2007]

Entity Tags: Mary Matalin, Richard (“Dick”) Cheney, Condoleezza Rice, World Trade Center

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Someone falling from the WTC. Well over 50 jumped or fell from the North Tower, none from the South Tower.Someone falling from the WTC. Well over 50 jumped or fell from the North Tower, none from the South Tower. [Source: Associated Press]At some point between the collapse of the two WTC towers, it is claimed that fire chiefs order the firefighters to come down. It has not been reported exactly who issued this order or when. Witnesses claim that scores of firefighters, unaware of the danger, were resting on lower floors in the minutes before the second tower collapsed. “Some firefighters who managed to get out said they had no idea the other building had already fallen, and said that they thought that few of those who perished knew.” At least 121 firefighters in the remaining tower die. The Fire Department blames a faulty radio repeater. However, the Port Authority claims later transcripts of radio communications show the repeaters worked. [New York Times, 11/9/2002]

Entity Tags: Port Authority of New York and New Jersey

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

David Addington.David Addington. [Source: David Bohrer / White House]According to an in-depth examination by the Washington Post, within hours of the 9/11 attacks, Vice President Dick Cheney begins working to secure additional powers for the White House. Cheney had plans in place to begin acquiring these powers for the executive branch before the attacks, but had not begun to execute them.
Gathering the Team - David Addington, Cheney’s general counsel and legal adviser, had been walking home after having to leave the now-evacuated Eisenhower Executive Office Building. He receives a message from the White House telling him to turn around, because the vice president needs him. After Addington joins Cheney in the Presidential Emergency Operations Center (PEOC) below the East Wing of the White House, the pair reportedly begin “contemplating the founding question of the legal revolution to come: What extraordinary powers will the president need for his response?” Later in the day, Addington connects by secure video with Timothy Flanigan, the deputy White House counsel, who is in the White House Situation Room. John Yoo, the deputy chief of the Office of Legal Counsel, is also patched in from the Justice Department’s command center. White House counsel Alberto Gonzales joins them later. This forms the core legal team that Cheney will oversee after the terrorist attacks. Associate White House counsel Bradford Berenson will later recall: “Addington, Flanigan and Gonzales were really a triumvirate. [Yoo] was a supporting player.” Addington dominates the group. Gonzales is there primarily because of his relationship with President Bush. He is not, Yoo will later recall, “a law-of-war expert and [doesn’t] have very developed views.” Along with these allies, Cheney will provide what the Washington Post calls “the rationale and political muscle to drive far-reaching legal changes through the White House, the Justice Department, and the Pentagon,” which will free the president to fight the war on terror, “as he saw fit.”
Drafting the AUMF - The team begins drafting the document that will become the Authorization to Use Military Force (AUMF—see October 10, 2002) passed by Congress for the assault on Afghanistan. In the words of the group, the president is authorized “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States.”
Extraordinarily Broad Language - The language is extraordinarily broad; Yoo will later explain that they chose such sweeping language because “this war was so different, you can’t predict what might come up.” The AUMF draft is the first of numerous attempts to secure broad powers for the presidency, most justified by the 9/11 attacks. The Washington Post will later report, “In fact, the triumvirate knew very well what would come next: the interception—without a warrant—of communications to and from the United States” (see September 25, 2001). [CNN, 9/11/2001; CNN, 9/12/2001; Unger, 2007, pp. 220-221; Washington Post, 6/24/2007]

Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, Timothy E. Flanigan, Craig Unger, Bradford Berenson, David S. Addington, Alberto R. Gonzales

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

Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance.Flight 93 crashed in the Pennsylvania countryside. Resue vehicles arrive in the distance. [Source: Keith Srakocic/ Associated Press]Flight 93 crashes into an empty field just north of the Somerset County Airport, about 80 miles southeast of Pittsburgh, 124 miles or 15 minutes from Washington, D.C. Presumably, hijackers Ziad Jarrah, Ahmed Alhaznawi, Ahmed Alnami, Saeed Alghamdi, and all the plane’s passengers are killed instantly. [CNN, 9/12/2001; North American Aerospace Defense Command, 9/18/2001; Guardian, 10/17/2001; Pittsburgh Post-Gazette, 10/28/2001; USA Today, 8/12/2002; Associated Press, 8/21/2002; MSNBC, 9/3/2002] The point of impact is a reclaimed coal mine, known locally as the Diamond T Mine, that was reportedly abandoned in 1996. [Pittsburgh Tribune-Review, 9/12/2001; St. Petersburg Times, 9/12/2001; Pittsburgh Tribune-Review, 9/11/2002] Being “reclaimed” means the earth had been excavated down to the coal seam, the coal removed, and then the earth replaced and planted over. [Kashurba, 2002, pp. 121] A US Army authorized seismic study times the crash at five seconds after 10:06 a.m. [Kim and Baum, 2002 pdf file; San Francisco Chronicle, 12/9/2002] As mentioned previously, the timing of this crash is disputed and it may well occur at 10:03 a.m., 10:07 a.m., or 10:10 a.m.

Entity Tags: San Francisco Chronicle, Ziad Jarrah, Ahmed Alhaznawi, Saeed Alghamdi, NBC, Ahmed Alnami

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bernard Kerik.Bernard Kerik. [Source: Publicity photo]After leaving 75 Barclay Street (see (9:50 a.m.-10:10 a.m.) September 11, 2001), New York City Mayor Rudolph Giuliani and the group accompanying him search for somewhere to establish a new temporary headquarters. Soon after the North Tower’s collapse, they break into a vacant firehouse at the corner of Houston Street and Sixth Avenue. Police Commissioner Bernard Kerik, who is part of the group, wants the location kept secret. He gives out the order: “Okay, we’re going to establish a command center [here]. We’re not going to let anybody know. I don’t want it over the radio. We don’t know what’s happening. We don’t want them [presumably meaning the attackers] to know where we’re all going to be.” Giuliani is able to find a phone, and speaks with New York Governor George Pataki, the White House, and the Defense Department. At around 10:57 a.m., he speaks to the television channel New York 1 and offers a message of reassurance to the people of New York City. [Fink and Mathias, 2002, pp. 108; Giuliani, 2002, pp. 15-16; 9/11 Commission, 5/19/2004; Barrett and Collins, 2006, pp. 13] Deciding that they need to be somewhere larger and more secure, Kerik suggests they move to the Police Academy on East 20th Street. [Kerik, 2001, pp. 342] Thus, Giuliani’s group—which now numbers more than 20 people plus a press contingent—gets into cars and drives to the academy, arriving there around midday (see (2:00 p.m.) September 11, 2001). [Giuliani, 2002, pp. 18-19; Barrett and Collins, 2006, pp. 13] This will remain as the city’s command center for several days, until it is replaced later in the week by a larger space at Pier 92 on the Hudson River. [Center for Biosecurity, 2/3/2003; 9/11 Commission, 5/19/2004]

Entity Tags: Bernard Kerik, Rudolph (“Rudy”) Giuliani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Jérôme Kerviel.Jérôme Kerviel. [Source: Agence France-Presse]French bank Société Générale supposedly makes “a fortune” through trading, in response to the 9/11 attacks. This is according to rogue trader Jérôme Kerviel, who is employed by the bank between 2000 and 2008. In a 2009 interview with the French newspaper Le Parisien, Kerviel will say: “The best trading day in the history of Société Générale was September 11, 2001. At least, that’s what one of my managers told me.” He will add, “I don’t know how much they made, but apparently the gains were colossal.” Kerviel will not state how the bank makes these gains, but indicates it is through the short-selling of stock. He will continue the interview by saying, “I had a similar experience during the London attacks in July 2005” (see July 7, 2005), and then describe how he’d bet on a fall in the share price of German insurance company Allianz a few days before those attacks. The London bombings will cause the price of Allianz stock to crash, thereby earning Kerviel ”€500,000 in a few minutes.” [Evening Standard, 1/22/2009; London Times, 1/23/2009] Société Générale is France’s second largest bank, and one of the largest banks in Europe. [Guardian, 1/24/2008; International Herald Tribune, 1/24/2008] At the time of his interview with Le Parisien, Kerviel is alleged to have caused it record losses of almost €5 billion through his rogue dealings. He is under investigation for breach of trust, fabricating documents, and accessing computers illegally. [London Times, 1/23/2009]

Entity Tags: Société Générale, Jérôme Kerviel

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Air Force One departs Barksdale Air Force Base.Air Force One departs Barksdale Air Force Base. [Source: Reuters]Air Force One takes off from Barksdale Air Force Base in Louisiana to fly President Bush to Offutt Air Force Base in Nebraska. While Bush has been at Barksdale, base personnel have refueled Air Force One and restocked it with provisions for its continuing journey, on the basis that it may have to serve as the president’s flying command center for the foreseeable future. [Associated Press, 10/2/2001; 2d Bomb Wing, 6/30/2002 pdf file; BBC, 9/1/2002]
Reduced Number of Passengers on Board - For security reasons, the number of people traveling on Air Force One has been reduced (see (1:00 p.m.) September 11, 2001). [Fleischer, 2005, pp. 145-146] Those continuing with the president include Bush’s chief of staff Andrew Card, his senior adviser Karl Rove, his communications director Dan Bartlett, White House press secretary Ari Fleischer, and assistant press secretary Gordon Johndroe. The number of Secret Service agents accompanying the president has been reduced, as has the number of reporters. The five remaining journalists are Ann Compton of ABC Radio, Sonya Ross of the Associated Press, Associated Press photographer Doug Mills, and a CBS cameraman and sound technician. [Salon, 9/12/2001; Associated Press, 9/12/2001]
President Given Thumbs-up by Airmen - Lieutenant General Thomas Keck, the commander of the 8th Air Force, has been at Bush’s side for most of his time at Barksdale, and accompanies the president as he is being driven across the base to Air Force One. The president passes a row of B-52 bombers and is given a thumbs-up by the planes’ crew members. Keck explains to Bush that this means the troops “are trained, they’re ready, and they’ll do whatever you want them to.” Military police salute and other Air Force crew members cheer the president as he passes them. [American History, 10/2006 pdf file]
Fighter Escort Rejoins Air Force One - Air Force One is being guarded by soldiers with their guns drawn when Bush reaches it, and a pack of military dogs is patrolling the tarmac. [Sammon, 2002, pp. 117-118] After the plane takes off, two F-16 fighter jets pull up alongside it to provide an escort. [American History, 10/2006 pdf file] These are presumably the same fighters, belonging to the 147th Fighter Wing of the Texas Air National Guard, that escorted Air Force One as it came in to land at Barksdale (see (11:29 a.m.) September 11, 2001). [Filson, 2003, pp. 87; Bombardier, 9/8/2006 pdf file]
Destination Chosen Due to 'Continuity of Government' Plan - Bush’s destination, Offutt Air Force Base, is home to the US Strategic Command (Stratcom), which controls the nation’s nuclear weapons. [Associated Press, 9/11/2001; Woodward, 2002, pp. 19] Bush will later say the decision to head there was based on Offutt’s “secure housing space and reliable communications.” [Bush, 2010, pp. 133] The base’s secure teleconferencing equipment will allow the president to conduct a meeting of his National Security Council later in the afternoon (see (3:15 p.m.) September 11, 2001). [Sammon, 2002, pp. 119; Woodward, 2002, pp. 19, 26] According to the 9/11 Commission Report, Offutt has been chosen as the president’s next destination “because of its elaborate command and control facilities, and because it could accommodate overnight lodging for 50 persons. The Secret Service wanted a place where the president could spend several days, if necessary.” [9/11 Commission, 7/24/2004, pp. 325] But according to White House counterterrorism chief Richard Clarke, the decision to head to Offutt instead of back to Washington, DC, was due to a plan called “Continuity of Government.” This program, which dates back to the Reagan administration, originally planned to set up a new leadership for the US in the event of a nuclear war. It was activated for the first time shortly before 10:00 a.m. this morning (see (Between 9:45 a.m. and 9:56 a.m.) September 11, 2001). [Washington Post, 4/7/2004; ABC News, 4/25/2004]

Entity Tags: Dan Bartlett, Barksdale Air Force Base, Thomas Keck, Ann Compton, Ari Fleischer, Doug Mills, George W. Bush, Gordon Johndroe, US Secret Service, 147th Fighter Wing, Sonya Ross, Karl C. Rove, Andrew Card, Richard A. Clarke

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush asks Mike Morell, his CIA briefer, who is responsible for today’s attacks on the US and Morell says he is sure al-Qaeda is to blame. About 15 minutes after Air Force One left Barksdale Air Force Base (see 1:37 p.m. September 11, 2001), White House chief of staff Andrew Card enters the staff section of the plane, where Morell is seated, and tells Morell that the president wants to see him. Morell goes to Bush’s office, where he then sits alone with the president and Card.
CIA Briefer Says He'd Bet Al-Qaeda Was behind the Attacks - Bush wants to know who Morell thinks is responsible for today’s attacks. “Michael, who did this?” he asks. Morell explains that he doesn’t have any intelligence indicating who is to blame, so he will simply provide his personal opinion. “I said that there were two countries capable of carrying out an attack like this, Iran and Iraq, but I believed both would have everything to lose and nothing to gain from the attack,” he will later recall. The culprit was almost certainly a non-state actor, he says, adding that he has no doubt that the trail of evidence will lead to the doorstep of Osama bin Laden and al-Qaeda. “I’d bet my children’s future on that,” he says.
Briefer Is Unsure How Long It Will Take to Determine Who Is Responsible - “When will we know?” Bush asks. Morell replies, “I can’t say for sure,” and then goes over some recent terrorist attacks and says how long it took the CIA to determine, with any certainty, who was responsible. He says that in the case of the 1998 bombings of the US embassies in Kenya and Tanzania (see 10:35-10:39 a.m., August 7, 1998), it took a couple of days; with the bombing of the USS Cole in Yemen in 2000 (see October 12, 2000), it took a couple of months; but with the 1996 bombing of the Khobar Towers in Saudi Arabia (see June 25, 1996), it had taken over a year. He says the CIA may know soon who is to blame for today’s attacks, but then again it might take some time. Bush says nothing in response once Morell has finished giving his views on who is responsible for today’s attacks and the men sit in silence for a while. Finally, Morell asks, “Is there anything else, Mr. President?” and Bush replies, “No, Michael, thank you.” Morell then returns to his seat in the staff section of the plane. [Studies in Intelligence, 9/2006 pdf file; Morell and Harlow, 2015, pp. 55-56; Politico Magazine, 9/9/2016] Bush will learn that the CIA has linked al-Qaeda to today’s attacks later this afternoon, after Air Force One lands at Offutt Air Force Base in Nebraska (see 2:50 p.m. September 11, 2001). During a video teleconference, CIA Director George Tenet will tell him that early signs indicate the terrorist group is behind the attacks (see (3:15 p.m.) September 11, 2001). [9/11 Commission, 7/24/2004, pp. 326; Bowden, 2012, pp. 17-18]

Entity Tags: Michael J. Morell, George W. Bush, Andrew Card

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The FBI’s Minneapolis office asks for permission to interview Zacarias Moussaoui a few hours after the end of the 9/11 attacks, but permission is denied, apparently on the grounds that there is no emergency. On 9/11, the office’s counsel, Coleen Rowley, seeks permission from the Acting US Attorney to question Moussaoui about whether al-Qaeda has any further plans to hijack airliners or otherwise attack the US. The next day she asks again; this time the request is sent to the Justice Department. Such questioning would not usually be permitted, but Rowley argues that it should be allowed under a public safety exception. However, permission is denied and Rowley is told that the emergency is over so the public safety exception does not apply. Rowley will later comment: “We were so flabbergasted about the fact we were told no public safety emergency existed just hours after the attacks that my boss advised me to document it in a memo which became the first document in the legal subfile of the FBI’s ‘Penttbom’ case.” [Huffington Post, 5/2/2007] Some sources will suggest that Moussaoui was to be part of a second wave of attacks (see September 5, 2002). He is also an associate of shoe bomber Richard Reid, who will attempt to blow up an airliner later this year (see Mid-2000-December 9, 2000 and December 22, 2001).

Entity Tags: FBI Minnesota field office, Coleen Rowley, Zacarias Moussaoui, US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Two sections from Rumsfeld’s notes, dictated to Stephen Cambone.Two sections from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department]Defense Secretary Rumsfeld aide Stephen Cambone is taking notes on behalf of Rumsfeld in the National Military Command Center. These notes will be leaked to the media nearly a year later. According to the notes, although Rumsfeld has already been given information indicating the 9/11 attacks were done by al-Qaeda (see 12:05 p.m. September 11, 2001) and he has been given no evidence so far indicating any Iraqi involvement, he is more interested in blaming the attacks on Iraq. According to his aide’s notes, Rumsfeld wants the “best info fast. Judge whether good enough hit S.H. [Saddam Hussein] at same time. Not only UBL [Osama bin Laden].… Need to move swiftly.… Go massive. Sweep it all up. Things related and not.” [CBS News, 9/4/2002; Bamford, 2004, pp. 285] In a 2004 book, author James Moore will write, “Unless Rumsfeld had an inspired moment while the rest of the nation was in shock, the notes are irrefutable proof that the Bush administration had designs on Iraq and Hussein well before the president raised his hand to take the oath of office.” [Moore, 3/15/2004, pp. 18]

Entity Tags: Stephen A. Cambone, Osama bin Laden, Saddam Hussein, Central Intelligence Agency, National Military Command Center, Donald Rumsfeld, Al-Qaeda

Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

The entrance to Offutt Air Force Base’s bunker.The entrance to Offutt Air Force Base’s bunker. [Source: CBC]Air Force One, with President Bush on board, lands at Offutt Air Force Base near Omaha, Nebraska, accompanied by two F-16 fighter jets. [Salon, 9/12/2001; Bamford, 2004, pp. 89; 9/11 Commission, 7/24/2004, pp. 326] Offutt is the home of the US Strategic Command (Stratcom), which controls America’s nuclear weapons. [Associated Press, 9/11/2001; US Air Force, 9/6/2011] The large base is one of the most heavily defended in the US. [Daily Telegraph, 12/16/2001] Personnel there were told earlier in the day that the president might come to Offutt during the crisis but they only received confirmation that he would be landing at the base about 20 to 30 minutes ago. [Omaha World-Herald, 2/27/2002; Omaha World-Herald, 9/8/2002; Omaha World-Herald, 9/9/2016] They have, however, taken the initiative to start preparing for his arrival. “There were pretty wide-scale preparations going on anticipating that the president might come, without knowing for sure, even before we got notice that he was coming,” Admiral Richard Mies, commander in chief of Stratcom, will later recall. “We’d started to evacuate the main quarters that could be used for VIPs and install some of the protection there that’d be needed in case [Bush] needed to spend the night,” Mies will say. [NET News, 12/27/2011; Politico Magazine, 9/9/2016] Journalists on Air Force One were not told they would be landing at Offutt. However, they learned what was happening when they saw a local television channel showing the plane arriving at the base (see (2:50 p.m.) September 11, 2001). [Gilbert et al., 2002, pp. 198; Sammon, 2002, pp. 120-121; Sylvester and Huffman, 2002, pp. 138] Bush will get off the plane about 10 minutes after it lands and then be taken to an underground command center (see (3:00 p.m.-3:10 p.m.) September 11, 2001). [Salon, 9/12/2001; Bamford, 2004, pp. 89] He will conduct a meeting of the National Security Council in a secure video teleconference while he is at the base (see (3:15 p.m.) September 11, 2001). [Washington Times, 10/8/2002; 9/11 Commission, 7/24/2004, pp. 326] Personnel at Offutt were the middle of a major training exercise called Global Guardian when America came under attack this morning (see 8:30 a.m. September 11, 2001 and Before 9:00 a.m. September 11, 2001), although the exercise has now been canceled (see (10:44 a.m.) September 11, 2001). [Omaha World-Herald, 9/8/2002; Schmitt and Shanker, 2011, pp. 22]

Entity Tags: Offutt Air Force Base, George W. Bush, Richard Mies

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left.
President Bush takes part in a video teleconference at Offutt Air Force Base. Chief of Staff Andrew Card sits on his left, and Admiral Richard Mies sits on his left. [Source: White House]At Offutt Air Force Base in Nebraska, President Bush convenes the first meeting of the National Security Council since the attacks occurred. [Woodward, 2002, pp. 26] He begins the video conference call from a bunker beneath the base. He and Chief of Staff Andrew Card visually communicate directly with Vice President Cheney, National Security Adviser Rice, Defense Secretary Rumsfeld, Deputy Secretary of State Richard Armitage, CIA Director Tenet, Transportation Secretary Norman Mineta, counterterrorism “tsar” Richard Clarke, and others. [Daily Telegraph, 12/16/2001; ABC News, 9/11/2002; Washington Times, 10/8/2002] According to Clarke, Bush begins the meeting by saying, “I’m coming back to the White House as soon as the plane is fueled. No discussion.” But according to Condoleezza Rice, he begins with the words, “We’re at war.” Clarke leads a quick review of what has already occurred, and issues that need to be quickly addressed. Bush asks CIA Director Tenet who he thinks is responsible for the day’s attacks. Tenet later recalls, “I told him the same thing I had told the vice president several hours earlier: al-Qaeda. The whole operation looked, smelled, and tasted like bin Laden.” Tenet tells Bush that passenger manifests show that three known al-Qaeda operatives had been on Flight 77. According to Tenet, when he tells the president in particular about Nawaf Alhazmi and Khalid Almihdhar (two of the alleged Flight 77 hijackers), Bush gives Mike Morell, his CIA briefer, “one of those ‘I thought I was supposed to be the first to know’ looks.” (Other evidence indicates the third al-Qaeda operative whose name is on the passenger manifest would be Salem Alhazmi (see 9:53 p.m. September 11, 2001).) Tenet tells the meeting that al-Qaeda is “the only terrorist organization capable of such spectacular, well-coordinated attacks,” and that “Intelligence monitoring had overheard a number of known bin Laden operatives congratulating each other after the attacks. Information collected days earlier but only now being translated indicated that various known operatives around the world anticipated a big event. None specified the day, time, place or method of attack.” Richard Clarke later corroborates that Tenet had at this time told the president he was certain that al-Qaeda was to blame. Yet only six weeks later, in an October 24, 2001 interview, Rice will claim differently. She will say, “In the first video conference, the assumption that everybody kind of shared was that it was global terrorists.… I don’t believe anybody said this is likely al-Qaeda. I don’t think so.” Tenet also relays a warning the CIA has received from French intelligence, saying another group of terrorists is within US borders and is preparing a second wave of attacks. Defense Secretary Rumsfeld briefs on the status of US forces, and states that about 120 fighters are now above US cities. [Woodward, 2002, pp. 26-27; Clarke, 2004, pp. 21-22; 9/11 Commission, 7/24/2004, pp. 326 and 554; Tenet, 2007, pp. 169] The meeting reportedly ends around 4:00-4:15 p.m. [Daily Telegraph, 12/16/2001; Washington Times, 10/8/2002]

Entity Tags: Norman Mineta, Osama bin Laden, Richard Armitage, Richard (“Dick”) Cheney, Richard A. Clarke, National Security Council, George W. Bush, George J. Tenet, Donald Rumsfeld, Andrew Card, Al-Qaeda, Condoleezza Rice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A section from Rumsfeld’s notes, dictated to Stephen Cambone.A section from Rumsfeld’s notes, dictated to Stephen Cambone. [Source: Defense Department] (click image to enlarge)Stephen Cambone, the Principal Deputy Undersecretary of Defense for Policy, makes the following note for Defense Secretary Rumsfeld at an emergency policy meeting, “AA 77—3 indiv have been followed since Millennium + Cole. 1 guy is assoc of Cole bomber. 2 entered US in early July (2 of 3 pulled aside and interrogated?).” Although four of the subsequently alleged Flight 77 hijackers were known to the authorities in connection with terrorism before 9/11, it appears that the three referred to here as being followed are Nawaf Alhazmi, Khalid Almihdhar, and Salem Alhazmi, due to their ties to an al-Qaeda Malaysia summit around the Millennium (see January 5-8, 2000) and ties to the USS Cole bombing (see October 12, 2000). Nawaf Alhazmi and Khalid Almihdhar initially arrived in the US shortly before or after the Millennium plot was due to come to fruition (see November 1999 and January 15, 2000), even entering at Los Angeles Airport (LAX), a target of the plot. If the note is literally correct that some US authorities were following these three since the Millennium, this would contradict the 9/11 Commission’s position that the trail of the three was lost shortly after the Millennium. The comment that one of the hijackers is an associate of a Cole bomber could refer to photos the CIA had before 9/11 identifying Almihdhar standing next to Cole bomber Fahad al-Quso (see Early December 2000) or photos of him standing next to Cole bomber Khallad bin Attash (see January 4, 2001). The note’s mention that two of them entered the US in July is also accurate, as Salem Alhazmi entered the US on June 29 (see April 23-June 29, 2001) and Khalid re-entered on July 4 (see July 4, 2001). [US Department of Defense, 9/11/2001 pdf file; US Department of Defense, 2/6/2006 pdf file] Earlier in the day, Cambone took notes for Rumsfeld that indicate Rumsfeld is keen to move against Iraq following the 9/11 attacks, even though he was aware there may be no connection between Iraq and 9/11 (see (2:40 p.m.) September 11, 2001). [US Department of Defense, 9/11/2001 pdf file; Guardian, 2/24/2006]

Entity Tags: Khalid Almihdhar, Stephen A. Cambone, Salem Alhazmi, Nawaf Alhazmi, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

In searches conducted shortly after the 9/11 attacks, investigators discover direct links between the 9/11 hijacker cell in Hamburg and the Madrid al-Qaeda cell led by Barakat Yarkas. German police find Yarkas’s phone number in papers belong to 9/11 hijacker Mohamed Atta. His number is also found in the diary of Hamburg cell member Said Bahaji. [New York Times, 12/28/2001; Irujo, 2005, pp. 150-153] Investigators also find many videos of sermons by Abu Qatada in the apartment where Atta and other members of the Hamburg cell used to live. Qatada is already closely linked to Yarkas and his Madrid cell (see 1995-February 2001). [Guardian, 8/11/2005] Since Spanish intelligence had been monitoring Yarkas’s call since 1995 (see 1995 and After), it is unknown if they ever monitored a call between Yarkas and Atta or Bahaji. However, no such calls will be mentioned in subsequent trials in Spain. The Spanish did monitor numerous calls between Yarkas and Hamburg associates Mohammed Haydar Zammar and Mamoun Darkazanli (see August 1998-September 11, 2001). For years, the Spanish have merely been monitoring Yarkas’s cell. But after discovering these links, the decision is made to shut the cell down. Yarkas and others are arrested in November 2001 (see November 13, 2001). [Irujo, 2005, pp. 162-163] Qatada has been an informant for British intelligence since about 1997; it is unknown if he told his British handlers anything about the al-Qaeda cell in Hamburg (see June 1996-February 1997).

Entity Tags: Barakat Yarkas, Abu Qatada, Mohamed Atta, Said Bahaji

Timeline Tags: Complete 911 Timeline

Nizar Trabelsi.Nizar Trabelsi. [Source: Daily Telegraph]Nizar Trabelsi, an al-Qaeda operative involved in numerous plots, is arrested in Brussels, Belgium. Police find machine pistols, chemical formulas for making bombs, detailed maps of the US embassy in Paris, and a business suit—it appears Trabelsi intended to walk into the embassy with the suit covering a suicide bomb vest and then detonate the explosives. The arrest is apparently due to information gleaned from Djamel Begham, a top al-Qaeda operative arrested in July (see July 24 or 28, 2001). Two of the plots Trabelsi is said to be involved in, an attack on a NATO base in Belgium and the attack on the US embassy in Paris, are thwarted. Trabelsi will later be found guilty in Belgium of planning the attack on the base (see September 30, 2003). [CNN, 10/3/2001] However, a third plot in which Trabelsi is involved—a plot to blow up two transatlantic airliners—is not thwarted. The plot is to be carried out by two al-Qaeda operatives who are in contact with Trabelsi around this time, Saajid Badat and Richard Reid. Reid returned to Europe from Asia in July or August (see July 2001), after which he stayed in Belgium with Trabelsi, who also found him work in hotel kitchens. Badat is also in contact with Trabelsi using phone cards, and analysis of them will help lead to his arrest some time later. The plot will fail when Badat backs out (see (December 14, 2001)) and Reid is unable to detonate the explosives before he is overpowered by fellow passengers and crew (see December 22, 2001). It is unclear why this third plot is not stopped as well after Trabelsi’s arrest. [O'Neill and McGrory, 2006, pp. 229-231] However, his arrest does lead to more arrests in Spain 13 days later (see September 26, 2001).

Entity Tags: Nizar Trabelsi, Richard C. Reid, Saajid Badat

Timeline Tags: Complete 911 Timeline

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

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

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

A self-styled White House “war council” begins meeting shortly after the 9/11 attacks, to discuss the administration’s response to the attacks and the methods it will use (see (After 10:00 a.m.) September 11, 2001). The ad hoc group is composed of White House counsel Alberto Gonzales, Justice Department lawyer John Yoo, Pentagon chief counsel William J. Haynes, and the chief aide to Vice President Dick Cheney, David Addington. According to Jack Goldsmith, who will become head of the Justice Department’s Office of Legal Counsel (OLC) in 2003 (see October 6, 2003), the four believe that the administration’s biggest obstacle to responding properly to the 9/11 attacks is the body of domestic and international law that arose in the 1970s to constrain the president’s powers after the criminal excesses of Richard Nixon’s White House. Chief among these restraints is the Foreign Intelligence Surveillance Act (FISA) of 1978 (see 1978). Though Addington tends to dominate the meetings with his imposing physical presence and aggressive personality, Yoo is particularly useful to the group; the head of the OLC, Jay Bybee (whom Goldsmith will replace) has little experience with national security issues, and delegates much of the responsibility for that subject to Yoo, even giving him the authority to draft opinions that are binding on the entire executive branch. Yoo agrees wholeheartedly with Addington, Gonzales, and Cheney about the need for vastly broadened presidential powers. According to Goldsmith, Yoo is seen as a “godsend” for the White House because he is eager to draft legal opinions that would protect Bush and his senior officials from any possible war crimes charges. However, Yoo’s direct access to Gonzales angers Attorney General John Ashcroft, who feels that the “war council” is usurping legal and policy decision-making powers that are legally his own. [New York Times Magazine, 9/9/2007] In 2009, Goldsmith will say, “[I]it was almost as if they [Cheney and Addington] were interested in expanding executive power for its own sake.” [Vanity Fair, 2/2009]

Entity Tags: Richard (“Dick”) Cheney, William J. Haynes, Richard M. Nixon, Office of Legal Counsel (DOJ), Jay S. Bybee, Jack Goldsmith, John C. Yoo, Bush administration (43), Foreign Intelligence Surveillance Act, Alberto R. Gonzales, David S. Addington

Timeline Tags: Civil Liberties

Mohammed Fazazi.Mohammed Fazazi. [Source: Luis de Vega]German intelligence investigates Mohammed Fazazi, the imam at the Al-Quds mosque attended by most members of the al-Qaeda Hamburg cell, including three of the 9/11 hijackers (see 1993-Late 2001 and Early 1996). Fazazi is monitored, and he is seen meeting with an unnamed hijacker associate. However, no charges are brought against him and he leaves Germany for the last time in late 2001. Fazazi is a Moroccan citizen, his wife and children live in Morocco, and in recent years he has been preaching on and off at a mosque in Morocco at the same time he preached at Al-Quds in Hamburg, so he goes to Morocco and stays there. He will later be convicted for a role in the 2003 bombings in Casablanca, Morocco (see May 16, 2003).
Private Meetings with Hijackers - In 2005, it will be reported that two regular attendees of the Al-Quds mosque say Fazazi sometimes had private meetings with key members of the al-Qaeda Hamburg cell. One witness will say there was frequent contact between Fazazi and the three 9/11 hijackers in Hamburg: Mohamed Atta, Marwan Alshehhi, and Ziad Jarrah. It is not known what he discussed with them. However, he preached an extremely radical and militant version of Islam. For instance, in early 2001, he was recorded preaching that all non-Muslims in the world should be killed (see Early 2001). [Los Angeles Times, 7/6/2005]

Entity Tags: Mohammed Fazazi, Marwan Alshehhi, Mohamed Atta, Ziad Jarrah

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Police in Qatar arrest Ahmad Hikmat Shakir. US intelligence is very interested in Shakir, partly because he comes from Iraq and thus might be connected to the Iraqi government of Saddam Hussein, and partly because he was seen at the January 2000 al-Qaeda summit in Malaysia attended by at least two of the 9/11 hijackers (see January 5-8, 2000). A search of Shakir’s apartment in Qatar yields a “treasure trove” of information, including telephone records linking him to suspects in the 1993 World Trade Center bombing (see February 26, 1993) and the 1995 Bojinka plot (see January 6, 1995). Yet, according to a senior Arab intelligence official, when the Qataris ask the US if they want to take custody of him, the US says no. He goes Jordan on October 21 instead. (Accounts differ as to whether Qatar releases him and Jordan captures him or whether Qatar sends him there.) Newsweek implies that the US expects Jordan will torture Shakir and share what they learn. The US is not allowed to directly question him. Three months later, he is “inexplicably released by Jordanian authorities” and vanishes. He has not been caught since. [Newsweek, 12/5/2001; Newsweek, 9/30/2002]

Entity Tags: Saddam Hussein, Ahmad Hikmat Shakir, Jordan

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Kamar Eddine Kherbane.Kamar Eddine Kherbane. [Source: Marco Hebdo]A militant leader named Kamar Eddine Kherbane is arrested in Morocco, but he has been given political asylum in Britain since 1994 and he is quickly deported to Britain and freed. Agence France-Presse claims that his arrest was “apparently in connection with the [9/11] attacks on the US.” The Moroccan government also questions him about arms smuggling. [Agence France-Presse, 9/20/2001] But by sending him back to Britain, the Moroccan government ignores an extradition request by the Algerian government who claim Kherbane is a wanted criminal and an al-Qaeda operative. [BBC, 9/21/2001] Kherbane was a founding member of the Islamic Salvation Front (FIS), an Algerian political party outlawed in the early 1990s. He is also a known al-Qaeda operative said to have met bin Laden on several occasions, most recently in 1998. He appears to have been a key leader of mujaheddin fighting in Bosnia (see 1990 and 1991). [Agence France-Presse, 9/20/2001] A Spanish police report will later claim that he was the head of the Al-Kifah Refugee Center’s Zabreb, Croatia, office (see Early 1990s). Al-Kifah was a US-based al-Qaeda charity front until the early 1990s that had ties to both the 1993 World Trade Center bombing and the CIA (see 1986-1993). [CNN, 12/8/2002] Counterterrorism expert Rohan Gunaratna says Kherbane is “close to both the [Algerian] GIA and al-Qaeda’s leaderships.” [Gunaratna, 2003, pp. 183] In an interview shortly after the Moroccan incident, Kherbane claims that he was released there because “Britain put a lot of pressure, which reached the point of threatening to expel the Moroccan ambassador from London.” He also admits to having met bin Laden in the 1990s. [BBC, 9/26/2001] It is not known why the British government helps him avoid being sent to Algeria. But a few days after his return to Britain, The London Times will report, “More than 20 Islamic terrorists, including those wanted for the murders of at least 100 people abroad, are living freely in Britain. Many on the global terror ‘wanted list’ have been granted political asylum despite being close to Osama bin Laden’s organization.” [London Times, 9/23/2001] A 2005 article will indicate Kherbane is still living openly in Britain. [BBC, 2/24/2005]

Entity Tags: United Kingdom, Morocco, Osama bin Laden, Kamer Eddine Kherbane, Al-Qaeda, Groupe Islamique Armé, Islamic Salvation Front, Al-Kifah Refugee Center, Algeria

Timeline Tags: Complete 911 Timeline

Mohamed al-Amir Awad al-Sayed Atta.
Mohamed al-Amir Awad al-Sayed Atta. [Source: Family photo]Mohamed Atta’s father Mohamed al-Amir Awad al-Sayed Atta holds a press conference in Cairo and makes a number of surprising claims. He believes that the Mossad, Israel’s spy agency, did the 9/11 attacks, and stole his son’s identity. Al-Amir claims that his son Atta was a mama’s boy prone to airsickness, a dedicated architecture student who rarely mentioned politics, and a victim of an intricate framing. He says that Atta spoke to him on the phone on September 12 about “normal things,” one day after he was supposed to be dead; but a previous article reports that “he had not heard from his son since the attack, but was confident he had nothing to do with the carnage.” Atta called his family about once a month, yet never told them he was in the US, continuing to say he was studying in Germany. Atta’s family never saw him after 1999, and Atta canceled a trip to visit them in late 2000. His father even shows a picture of his son, claiming he looks similar but not the same as the terrorist Atta. [New York Times, 9/19/2001; Arab News, 9/19/2001; Chicago Tribune, 9/20/2001; Newsweek, 9/24/2001] Atta’s father claims that “he has recently received a very loving letter from his son, in which the young man wrote that he would come to Egypt to get married.” [BBC, 9/18/2001] Concerning the flying skills of this son, he asks, “Did he ever learn to fly? Never. He never even had a kite.” Moreover, “He was afraid of flying.” [New York Times, 9/19/2001; Newsweek, 9/24/2001] He also says that the man pictured in published photos from an airport surveillance camera had a heavier build than his son (see (Between 5:45 a.m. and 5:53 a.m.) September 11, 2001). [Cairo Times, 9/20/2001] A year later, he still believes his son is alive. He again reiterates this statement at the third anniversary of the 9/11 attacks. [Guardian, 9/2/2002; Associated Press, 9/11/2004] But, fours years later, he makes a statement (see July 19, 2005) which can be viewed as a tacit acceptance that his son was involved. [CNN, 7/20/2005]

Entity Tags: Mohamed el-Amir, Mohamed Atta, Israel Institute for Intelligence and Special Tasks (Mossad)

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

In an op-ed column for the neoconservative Weekly Standard, writers Thomas Donnelly and Gary Schmitt state that the US’s enemies “want to push the United States out of the Middle East. Our response must be to prevent that.” Donnelly and Schmitt, members of the Project for the New American Century think tank (PNAC—see January 26, 1998 and September 2000), say that such an effort “will require more than a vague, unfocused ‘war on terrorism.‘… Last week’s strikes represent a new and more complex phase of this war. But this is not a new war. This is a ‘theater war’ in the classic sense. Neither [O]sama bin Laden nor Saddam [Hussein] cares much about America’s role in Europe or East Asia. They want us out of their region.”
Reasserting Dominance in Middle East - The US can win this “struggle for power in the Persian Gulf” by “reasserting our role as the region’s dominant power; as the guarantor of regional security; and as the protector of Israel, moderate Arab regimes, and the economic interests of the industrialized world.” Donnelly and Schmitt trace the US’s problems in the region back to the decision not to overthrow Hussein in 1991 (see January 16, 1991 and After). “As Saddam has crawled back from defeat,” they write, “bin Laden has grown increasingly bold. Meanwhile, our regional allies have begun to hedge their bets, not only with the terrorists and Iraq, but with Iran as well.” The US should focus on routing both bin Laden and Hussein from the region, they say. It is unclear if Hussein was involved in the 9/11 attacks, they say, though they assert that Hussein was “implicated in the 1993 World Trade Center bombing (see February 26, 1993 and October 2000).… But as with bin Laden, we have long known that Saddam is our enemy, and that he would strike us as hard as he could. And if we have learned anything at all from [the] past week, it is that adopting a defensive posture risks attacks with unacceptable consequences. The only reasonable course when faced with such foes is to preempt and to strike first.” Overthrowing Hussein “is the key to restoring our regional dominance and preventing our enemies from achieving their war aims.… When Bush administration officials speak of ‘ending’ regimes that participate in the war against America, they must mean Saddam Hussein’s Iraq” (see Before January 20, 2001).
Cowing Other Nations, Restoring 'Global Credibility' - Overthrowing the Iraqi government will also cow Iran, Syria, and other regional threats, the authors say, and “will restore the global credibility tarnished in the Clinton years. Both our friends and our enemies will be watching to see if we pass this test.” Although attacking Afghanistan is not necessary, toppling the Saddam regime will not be difficult in a military sense, and “the larger challenge will be occupying Iraq after the fighting is over.”
Surpluses Will Pay for Effort - The so-called “lockboxes”—Social Security funds and others—previously kept from being spent on other government programs are, the authors write, “yesterday’s news,” but the sharp increases in defense spending that this war effort will require will not be difficult to fund: “given the surpluses that exist, there is no impediment to such increases.” [Weekly Standard, 9/24/2001]

Entity Tags: Thomas Donnelly, Gary Schmitt, Weekly Standard, Project for the New American Century

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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

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

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Complete 911 Timeline

Bisher al-Rawi.Bisher al-Rawi. [Source: Public domain]In late September 2001, Bisher al-Rawi, a long-time friend of London imam Abu Qatada, agrees to become an informant for the British intelligence agency MI5 (see Late September 2001). Al-Rawi mainly works as an intermediary between MI5 and the high-profile imam. He will later explain that he agreed to work as an informant as an attempt to help ease tensions between the government and the Muslim community. Abu Qatada had begun working as an informant for MI5 in 1996 (see June 1996-February 1997), and contrary to some reports, his relationship with that agency had not yet ended. In December 2001, Abu Qatada reportedly disappears just before a new law passes that would allow his indefinite detention (see Early December 2001). British officials claim to have no idea where Abu Qatada is, and at first apparently they really do not. But al-Rawi soon finds out where he is, tells MI5, and begins passing messages back and forth between MI5 and Abu Qatada. [Observer, 7/29/2007] The Independent will later report, “Abu Qatada was completely aware of Mr al-Rawi’s relationship with MI5. Mr al-Rawi carried questions and answers between the parties, served as a translator, and participated in negotiations with Abu Qatada.” Al-Rawi himself will later say, “All I did in Britain was try to help with steps necessary to get a meeting between Abu Qatada and MI5. I was trying to bring them together. MI5 would give me messages to take to Abu Qatada, and Abu Qatada would give me messages to take back to them.” [Independent, 3/16/2006] According to his family members and his lawyer, soon the MI5 agents are coming to his house and calling him so frequently that his relatives complain. As a result, MI5 gives him a cell phone and agrees to meet with him elsewhere. The British government will later acknowledge that al-Rawi served as an unpaid informant in a court document. [Washington Post, 4/2/2006] In the summer of 2002, al-Rawi begins to have doubts about his role and is fired (see Summer 2002). Abu Qatada is arrested in late October 2002, just after coming out of hiding in an attempt to morally justify the 9/11 attacks (see October 23, 2002). In early November, al-Rawi will fly to Gambia and be detained there (see November 8, 2002-December 7, 2002). [Washington Post, 4/2/2006]

Entity Tags: Abu Qatada, UK Security Service (MI5), Bisher al-Rawi

Timeline Tags: Complete 911 Timeline

Amer el-Azizi slipped surveillance after 9/11.Amer el-Azizi slipped surveillance after 9/11. [Source: El Pais]Amer el-Azizi, an al-Qaeda operative active in Spain, escapes a round-up of suspected al-Qaeda operatives by fleeing the country two weeks before arrests start to be made, even though he is under surveillance. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi, who had previously been arrested and released twice (see October 10, 2000), returns to Spain shortly after this and falls under police surveillance, but his arrest is frustrated by Spanish intelligence (see Shortly After November 21, 2001). He goes on to play a role in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Amer el-Azizi

Timeline Tags: Complete 911 Timeline

One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number.One of the executive jets used by the CIA to fly prisoners to Guantanamo. This one, a Gulfstream with tail number N44982 when used by the CIA, is pictured in Geneva, Switzerland in 2005 with a new tail number. [Source: Public domain via Wikipedia]A secret arrangement is made in Brussels, Belgium, by all members of NATO. Lord George Robertson, British defense secretary and later NATO’s secretary general, will later explain NATO members agree to provide “blanket overflight clearances for the United States and other allies’ aircraft for military flights related to operations against terrorism.” [London Times, 11/25/2007] Over 700 prisoners will fly over NATO countries on their way to the US-controlled Guantanamo prison in Cuba beginning in 2002 (see January 14, 2002-2005).
Conditions of Transfer - According to a 2007 report by the International Committee of the Red Cross (ICRC—see March 15, 2009), detainees flown on CIA rendition flights would be:
bullet Photographed both clothed and naked;
bullet Subjected to body cavity (rectal) searches, with some detainees later alleging that they were administered suppositories of some sort;
bullet Dressed in a diaper and a tracksuit, with earphones placed over the ears (through which shatteringly loud music would sometimes be played), a blindfold, black goggles, and sometimes cotton wool placed over the eyes;
bullet Shackled by hands and feet, and thus carried onto an airplane, where they would remain, without toilet privileges, from one to 30 hours.
The prisoners would usually be allowed to sit upright, but the ICRC will later find that on “some occasions detainees were transported lying flat on the floor of the plane… with their hands cuffed behind their backs,” causing them “severe pain and discomfort,” as they were moved from one location to another. [New York Review of Books, 3/15/2009]

Entity Tags: George Robertson, North Atlantic Treaty Organization, International Committee of the Red Cross

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. The five fatal victims of the anthrax attacks, from to right: Josep Curseen Jr., Thomas Morris, Ottilie Lundgren, Robert Stevens, and Kathy Nguyen. [Source: Reuters and Associated Press] (click image to enlarge)Two waves of letters containing anthrax are received by media outlets including NBC and the New York Post (see September 17-18, 2001), and Democratic senators Tom Daschle and Patrick Leahy (see October 6-9, 2001). The letters sent to the senators both contain the words “Death to America, Death to Israel, Allah is Great.” Five people die:
bullet October 5: Robert Stevens, 63, an employee at the Sun, a tabloid based in Florida.
bullet October 21: Thomas Morris Jr., 55, a postal worker in Washington, DC.
bullet October 22: Joseph Curseen Jr., 47, a postal worker in Washington, DC.
bullet October 31: Kathy Nguyen, 61, a hospital employee in New York City.
bullet November 21: Ottilie Lundgren, 94, of Oxford, Connecticut.
At least 22 more people get sick but survive. Thirty-one others test positive for exposure. As a result of these deaths and injuries, panic sweeps the nation. On October 16, the Senate office buildings are shut down, followed by the House of Representatives, after 28 congressional staffers test positive for exposure to anthrax (see October 16-17, 2001). A number of hoax letters containing harmless powder turn up, spreading the panic further. [South Florida Sun-Sentinel, 12/8/2001; Associated Press, 8/7/2008] Initially it is suspected that either al-Qaeda or Iraq are behind the anthrax letters (see October 14, 2001, October 15, 2001, October 17, 2001, and October 18, 2001). [Observer, 10/14/2001; BBC, 10/16/2001] However, by November, further investigation leads the US government to conclude that, “everything seems to lean toward a domestic source.… Nothing seems to fit with an overseas terrorist type operation (see November 10, 2001).” [Washington Post, 10/27/2001; St. Petersburg Times, 11/10/2001]

Entity Tags: Iraq, Federal Bureau of Investigation, Patrick J. Leahy, Tom Daschle, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks, US Domestic Terrorism

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

Entity Tags: Taliban, George W. Bush

Timeline Tags: Civil Liberties

Bensayah Belkacem at Guantanamo.Bensayah Belkacem at Guantanamo. [Source: US Defense Department]US intelligence intercepts numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Bensayah Belkacem, an operative living in Bosnia. The New York Times will later report that shortly after 9/11, “American intelligence agencies, working closely with the government of neighboring Croatia, listened in as Mr. Belkacem and others discussed plans for attacks.” One US official says, “He was apparently on the phone constantly to Afghanistan, with Zubaida and others. There were dozens of calls to Afghanistan.” Belkacem, an Algerian, had moved to Bosnia to fight in the early 1990s war there, then obtained Bosnian citizenship and settled in Zenica, working for an Islamic charity. [New York Times, 1/23/2002] On October 8, 2001, Bosnian police detain Belkacem. While searching his home, they find a piece of note listing the name “Abu Zubeida” and Zubaida’s phone number. [Washington Post, 8/21/2006] It is later revealed that Belkacem made 70 calls to Zubaida between 9/11 and his arrest and more calls before then. He had repeatedly sought a visa to leave Bosnia for Germany just before 9/11. Phone transcripts show Zubaida and Belkacem discussed procuring passports. [Time, 11/12/2001] A US official will later claim that it was believed Zubaida was in Afghanistan with bin Laden at the time of Belkacem’s arrest. [New York Times, 1/23/2002] It has not been explained why this knowledge was not used to capture or kill Zubaida and/or bin Laden. It appears that Western intelligence agencies had been monitoring Zubaida’s calls as far back as 1996 (see (Mid-1996) and October 1998 and After). Belkacem and five of his associates will be renditioned to Guantanamo Bay prison in 2002 and remain imprisoned there (see January 18, 2002).

Entity Tags: Abu Zubaida, Bensayah Belkacem, US intelligence

Timeline Tags: Complete 911 Timeline

The FBI releases a list of its 22 most wanted terrorists. The US government offers up to $5 million for information leading to the capture of anyone of the list. The men are:
bullet Al-Qaeda leaders Osama bin Laden, who was indicted by a grand jury in 1998 (see June 8, 1998), Ayman al-Zawahiri, linked to a 1995 bombing in Pakistan (see November 19, 1995), and Mohammed Atef, who provided training to Somali fighters before the Black Hawk Down incident (see Late 1992-October 1993);
bullet Khalid Shaikh Mohammed (KSM), for his role in the 1995 Bojinka plot (see January 6, 1995). KSM is actually the mastermind of 9/11, although the US intelligence community has allegedly not yet pieced this information together (see (November 7, 2001));
bullet Several other operatives suspected of involvement in the 1998 US embassy bombings in Africa (see 10:35-10:39 a.m., August 7, 1998): Fazul Abdullah Mohammed (see August 2, 2008), Mustafa Fadhil, Usama al-Kini (a.k.a. Fahid Muhammad Ally Msalam (see August 6-7, 1998)), Ahmed Khalfan Ghailani (see July 25-29, 2004), Sheikh Ahmed Salim Swedan (see July 11, 2002), Abdullah Ahmed Abdullah (see September 10, 2002), Anas al-Liby (see January 20, 2002- March 20, 2002), Saif al-Adel (see Spring 2002), Ahmed Mohammed Hamed Ali, and Mushin Musa Matwalli Atwah (see April 12, 2006);
bullet Abdul Rahman Yasin, a US-Iraqi involved in the 1993 World Trade Center bombing (see March 4-5,1993);
bullet Ahmed Ibrahim Al-Mughassil, Ali Saed Bin Ali El-Houri, Ibrahim Salih Mohammed Al-Yacoub, and Abdelkarim Hussein Mohamed Al-Nasser, for their alleged part in the 1996 Khobar Towers bombing in Saudi Arabia (see June 25, 1996);
bullet Imad Mugniyah, Hassan Izz-Al-Din, and Ali Atwa for the hijacking of TWA Flight 847 in June 1985. [CNN, 10/10/2001]

Entity Tags: Mohammed Atef, Mushin Musa Matwalli Atwah, Mustafa Fadhil, Osama bin Laden, Saif al-Adel, Khalid Shaikh Mohammed, Usama al-Kini, Sheikh Ahmed Salim Swedan, Imad Mugniyah, Mohammed Hamed Ali, Hassan Izz-Al-Din, Abdullah Ahmed Abdullah, Abdul Rahman Yasin, Abdelkarim Hussein Mohamed Al-Nasser, Ahmed Ibrahim Al-Mughassil, Ahmed Khalfan Ghailani, Ibrahim Salih Mohammed Al-Yacoub, Ali Saed Bin Ali El-Houri, Fazul Abdullah Mohammed, Federal Bureau of Investigation, Ali Atwa, Ayman al-Zawahiri, Anas al-Liby

Timeline Tags: Complete 911 Timeline

Muslim World League logo.
Muslim World League logo. [Source: Muslim World League]The International Islamic Relief Organization (IIRO) and the Muslim World League (MWL) are Saudi charities directly financed by the Saudi government. In 1996, the CIA gave the State Department a report detailing evidence that the IIIRO supported terrorism. It claimed the IIRO has funded Hamas and six militant training camps in Afghanistan, and one funder of the Bojinka plot to blow up airplanes over the Pacific was the head of the IIRO office in the Philippines (see January 1996). US intelligence officials also believe that MWL employees were involved in the 1998 US embassy bombings (see 10:35-10:39 a.m., August 7, 1998). Harper’s magazine claims that it has long been known that both groups helped fund al-Qaeda. However, in October 2001, it is reported that the Bush administration has left the two organizations off an October 12, 2001 list of designated terrorist groups to spare the Saudi government from embarrassment (see October 12, 2001). In March 2002, the Virginia offices of the IIRO and MWL will be raided by US Customs agents (see March 20, 2002). [Harper's, 3/2004] In September 2003, it will be reported that US officials recently gave Saudi officials a detailed documenting the IIRO’s terrorism links and asked the Saudis to close all of the organization’s overseas offices. [New York Times, 9/26/2003] However, as of January 2006, it will be reported that it appears the overseas offices of the IIRO and MWL are still open and the US has not officially declared either group to be terrorist sponsors. The US will still be complaining to the Saudis about these two organizations and others, and the Saudis will still not do anything about them (see January 15, 2006).

Entity Tags: International Islamic Relief Organization, Bush administration (43), Saudi Arabia, Muslim World League

Timeline Tags: Complete 911 Timeline

Serhane Abdelmajid Fakhet.Serhane Abdelmajid Fakhet. [Source: Spanish Interior Ministry]Serhane Abdelmajid Fakhet, later considered one of about three masterminds of the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), is already being monitored by Spanish intelligence. On this day, he is photographed with Barakat Yarkas, leader of al-Qaeda’s main cell in Spain. Yarkas will be arrested for an alleged role in the 9/11 attacks less than a month later (see November 13, 2001). [El Mundo (Madrid), 8/16/2005] Fakhet had been under surveillance since 2000. [Irujo, 2005, pp. 182-186] He will allegedly blow himself up not long after the bombings (see 9:05 p.m., April 3, 2004). There are allegations that he was an informant at least by 2003 (see Shortly After October 2003). Also seen in the pictures are Yusuf Galan, another member of Yarkas’s cell who will be arrested with Yarkas and later convicted (see September 26, 2005), and Mouhannad Almallah, who has been under surveillance since at least 1998. Almallah will later be sentenced to 12 years in prison for a role in the Madrid bombings (see October 31, 2007). [El Mundo (Madrid), 10/27/2004]

Entity Tags: Serhane Abdelmajid Fakhet, Centro Nacional de Inteligencia, Barakat Yarkas, Mouhannad Almallah, Yusuf Galan

Timeline Tags: Complete 911 Timeline

Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali  Khan, right.Mohammed Azmath, left, and Syed Gul Mohammad Shah/ Ayub Ali Khan, right. [Source: Associated Press]The New York Times reports that, although 830 people have been arrested in the 9/11 terrorism investigation (a number that eventually exceeds between 1,200 and 2,000 (see November 5, 2001), there is no evidence that anyone now in custody was a conspirator in the 9/11 attacks. Furthermore, “none of the nearly 100 people still being sought by the [FBI] is seen as a major suspect.” Of all the people arrested, only four, Zacarias Moussaoui, Ayub Ali Khan, Mohammed Azmath, and Nabil al-Marabh, are likely connected to al-Qaeda. [New York Times, 10/21/2001] Three of those are later cleared of ties to al-Qaeda. After being kept in solitary confinement for more than eight months without seeing a judge or being assigned a lawyer, al-Marabh pleads guilty to the minor charge of entering the United States illegally (see September 3, 2002) and is deported to Syria (see January 2004). There is considerable evidence al-Marabh did have ties to al-Qaeda and even the 9/11 plot (see September 2000; January 2001-Summer 2001; January 2001-Summer 2001; Spring 2001; Early September 2001). [Washington Post, 6/12/2002; Canadian Broadcasting Corporation, 8/27/2002] On September 12, 2002, after a year in solitary confinement and four months before he was able to contact a lawyer, Mohammed Azmath pleads guilty to one count of credit card fraud, and is released with time served. Ayub Ali Khan, whose real name is apparently Syed Gul Mohammad Shah, is given a longer sentence for credit card fraud, but is released and deported by the end of 2002. [Village Voice, 9/25/2002; New York Times, 12/31/2002] By December 2002, only 6 are known to still be in custody, and none have been charged with any terrorist acts (see December 11, 2002). On September 24, 2001, Newsweek reported that “the FBI has privately estimated that more than 1,000 individuals—most of them foreign nationals—with suspected terrorist ties are currently living in the United States.” [Newsweek, 10/1/2001]

Entity Tags: Nabil al-Marabh, Al-Qaeda, Mohammed Azmath, Syed Gul Mohammad Shah, Zacarias Moussaoui, Federal Bureau of Investigation

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

A Washington Post article hints at the US government’s use rendition and torture. It refers to four suspects out of the hundreds arrested in the US—Zacarias Moussaoui, Nabil al-Marabh, Ayub Ali Khan, and Mohammed Azmath—who may actually have links to al-Qaeda (see October 20, 2001). The article quotes an “experienced FBI agent involved in the investigation,” who says: “We are known for humanitarian treatment, so basically we are stuck.… Usually there is some incentive, some angle to play, what you can do for them. But it could get to that spot where we could go to pressure… where we won’t have a choice, and we are probably getting there.” The article goes on to mention: “Among the alternative strategies under discussion are using drugs or pressure tactics, such as those employed occasionally by Israeli interrogators, to extract information. Another idea is extraditing the suspects to allied countries where security services sometimes employ threats to family members or resort to torture.” [Washington Post, 10/21/2001] Although it is little known in the US at the time, the CIA has already been renditioning suspects to countries known for practicing torture (see September 23, 2001), and has made arrangements with NATO countries to increase the number of such renditions (see October 4, 2001). Azmath and Khan will later be cleared of al-Qaeda ties and released (see October 20, 2001). Al-Marabh will be deported to Syria under mysterious circumstances and rearrested by the Syrian government (see Spring 2004). Moussaoui will be sentenced to life in prison in the US (see May 3, 2006).

Entity Tags: Mohammed Azmath, Federal Bureau of Investigation, Nabil al-Marabh, Syed Gul Mohammad Shah, Zacarias Moussaoui

Timeline Tags: Torture of US Captives, Complete 911 Timeline

The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file; New York Times, 3/2/2009]

Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales

Timeline Tags: Civil Liberties

Al-Qaeda Hamburg cell member Mohammed Haydar Zammar travels from Germany to Morocco. Not long after, perhaps in November, he is arrested by Moroccan police with US assistance. Although he is a German citizen and under investigation by Germany, German intelligence remain unaware of his arrest, and only learn about it from the newspapers in June 2002. He is sent to Syria, where there are formal charges against him (see December 2001). Zammar reportedly now claims he recruited Mohamed Atta and others into the al-Qaeda Hamburg cell. [Washington Post, 6/19/2002] It is widely suspected that the US arranged for Zammar to be sent to Syria so that he could be more thoroughly interrogated using torture. The Germans are angry that the US has been submitting questions for Zammar and learning answers from Syria, but have not informed Germany of what they have learned [Daily Telegraph, 6/20/2002; Christian Science Monitor, 7/26/2002]

Entity Tags: Mohamed Atta, Syria, Germany, Mohammed Haydar Zammar

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Robert Bartley, conservative editor of The Wall Street Journal, writes an editorial in his newspaper strongly suggesting that Iraq is behind the recent anthrax attacks (see October 5-November 21, 2001). He cites former CIA Director James Woolsey, who says the possibility should be considered that “the attacks—whether perpetrated by bin Laden and his associates or by others—were sponsored, supported, and perhaps even ordered by Saddam Hussein.” He also draws on the controversial and eventually discredited theories of Laurie Mylroie, for instance claiming that Iraq was behind the 1993 WTC bombing (see February 26, 1993), and the controversial and eventually discredited reports that 9/11 hijacker Mohamed Atta met with an Iraqi spy in Prague. He concludes, “Saddam Hussein has the motive, means and opportunity to mount terrorism, and the anthrax attacks fit his modus operandi. There is plenty of reason to presume he’s behind the current attacks, with bin Laden and his al-Qaeda network as a front or ally. In any event, given his capabilities and intentions, he remains a threat to American lives as long as he’s at large.” [Wall Street Journal, 10/29/2001]

Entity Tags: Laurie Mylroie, Robert Bartley, James Woolsey

Timeline Tags: 2001 Anthrax Attacks

Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions.
Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.”
A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.”
Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [Savage, 2007, pp. 134-135]

Entity Tags: Patrick F. Philbin, Bush administration (43), Bradford Berenson, Charlie Savage, George W. Bush, US Department of State, David S. Addington, Richard (“Dick”) Cheney, Timothy E. Flanigan

Timeline Tags: Civil Liberties

When investigators search the home of Amer el-Azizi, a known al-Qaeda operative, they find an e-mail address that connects him to 9/11 mastermind Khalid Shaikh Mohammed (KSM). El-Azizi helped arrange a meeting between lead hijacker Mohamed Atta and an associate, Ramzi bin al-Shibh, in the run-up to 9/11 (see July 8-19, 2001), although he was monitored by Spanish authorities at the time (see Before July 8, 2001) and arrested in Turkey in 2000 (see October 10, 2000). His arrest shortly after 9/11 will be frustrated by Spanish intelligence (see October 2001 and Shortly After November 21, 2001) and he will go on to be involved in the 2004 Madrid bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004). An indictment released in 2004 will say, “A fundamental document… connects Amer el-Azizi directly with those responsible for the terrorist attacks of Sept. 11, 2001, and concretely with Khalid Shaikh Mohammed via the e-mail address identified as Safar86@usa.net.” The e-mail address “was being used by an individual who facilitated trips for al-Qaeda members in direct connection with [KSM], organizer of the attacks.” A detainee will also later say that el-Azizi was in contact with the 9/11 plotters via e-mail. [Los Angeles Times, 4/29/2004] After 9/11, however, when the Spanish want to indict el-Azizi, the US will be reluctant to turn the information over to them, and it will take six months to get it. Despite this, problems persist in information sharing between the US and Spain and this has an impact on prosecutions (see Mid-2002-June 1, 2006). [Wall Street Journal, 5/4/2004]

Entity Tags: Amer el-Azizi, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [Unger, 2007, pp. 222-223; Washington Post, 6/24/2007]

Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel (DOJ)

Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [New York Times, 10/24/2004; Savage, 2007, pp. 138]

Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney

Timeline Tags: Torture of US Captives, Civil Liberties

Pakistani forces capture Ibn al-Shaykh al-Libi, a Libyan national, apparently as he is trying to flee Afghanistan. Al-Libi is considered an al-Qaeda leader and head of the Khaldan training camp in Afghanistan for many years. [Washington Post, 6/27/2004] He is the first al-Qaeda figure captured after 9/11 of any importance. He will be transferred to US custody one month later (see December 19, 2001).

Entity Tags: Ibn al-Shaykh al-Libi

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

On November 13, 2001 Spanish police arrest cell leader Barakat Yarkas and ten other alleged members of his cell. Spanish police, led by judge Baltasar Garzon, appear confident that they have smashed the al-Qaeda presence in Spain (see November 13, 2001). However, a number of likely suspects are left at large:
bullet Moutaz Almallah. Spanish police will later say that he had contacts with Yarkas as far back as 1995, the year police began to monitor Yarkas. He is said to have served as the “political chief” of Yarkas’s cell. He and Yarkas were seen meeting with an al-Qaeda courier in 1998. He will move to London in 2002 to live with radical imam Abu Qatada (see August 2002). He will be arrested in 2005 for a role in the Madrid bombings but has yet to be tried (see August 2002). Curiously, in 1995, a police officer who also served as Garzon’s bodyguard, sold Almallah an apartment and stayed friends with him (see November 1995). [El Mundo (Madrid), 3/2/2005; BBC, 3/24/2005]
bullet Amer el-Azizi, who may have had a role in the 9/11 plot, is able to flee a police raid due to a tip-off from Spanish intelligence (see Shortly After November 21, 2001).
bullet Jamal Zougam, even though he has been under suspicion since 2000, and has been tied to al-Qaeda-linked imam Abu Qatada and Mohammed Fazazi, who preached at the mosque attended by the 9/11 hijackers (see 2000-Early March 2004). [New York Times, 11/20/2001; Irujo, 2005, pp. 162-164] A French investigator had warned Spanish intelligence in June 2001 that Zougam was an important Islamist militant in a number of countries and that he should be arrested (see June 2001). Zougam’s Madrid apartment was searched by police on August 10, 2001, and investigators found phone numbers of three other members of the cell, plus a video of mujaheddin fighters in Chechnya. [Associated Press, 3/17/2004]
bullet Serhane Abdelmajid Fakhet. Spanish intelligence began monitoring him in 2000 for his links to other members of the cell. He was photographed with Yarkas in October 2001 (see October 19, 2001). [Irujo, 2005, pp. 182-186] Another informant who later appears as a protected witness will claim that Fakhet was also a government informant (see Shortly After October 2003).
bullet Said Chedadi is arrested, but is later released. He had been monitored traveling to London with Yarkas and giving money to Qatada. He will go on to have a role in the Madrid bombings (see 1995-February 2001). He also is roommates with Dris Chebli up until Chebli is arrested in June 2003 (see April-June 2003). [New York Times, 11/14/2001; El Mundo (Madrid), 10/27/2004]
El-Azizi flees overseas, but allegedly instructs the other cell members not arrested to constitute new cells in Madrid and Morocco. Fakhet becomes a leader of the new cells. Even though the vast majority of those not arrested remain under surveillance, including Fakhet and Zougam (see Shortly Before March 11, 2004), they are able to stage the March 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). Fakhet will blow himself up shortly after those bombings, while Zougam will get life in prison for his role. El-Azizi has yet to be captured. Yarkas and most of the others arrested with him will be convicted for al-Qaeda ties in 2005 and given prison terms (see 7:37-7:42 a.m., March 11, 2004). [Irujo, 2005, pp. 165-174] A Spanish investigator will later call Yarkas the mastermind of the Madrid bombings even though he was in prison since 2001, because virtually all of the bombers were connected to him in some way. “It is very clear to me, that if by mastermind we mean the person who has put the group together, prepared the group, trained it ideologically, sent them to Afghanistan to be prepared militarily for terrorism, that man is [Yarkas], without any doubt.” [New York Times, 10/26/2004]

Entity Tags: Centro Nacional de Inteligencia, Baltasar Garzon, Serhane Abdelmajid Fakhet, Amer el-Azizi, Moutaz Almallah, Jamal Zougam, Said Chedadi, Barakat Yarkas

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: US International Relations

Suspected al-Qaeda operative Mohammed Saad Iqbal Madni (see Early January-January 9, 2002) flies from Pakistan to Jakarta, where he used to live as a teenager. He allegedly worked on a shoe bomb plot with Richard Reid (see December 22, 2001). [Washington Post, 3/11/2002] He will soon be arrested by Indonesian authorities at the request of the CIA (see Early January-January 9, 2002).

Entity Tags: Mohammed Saad Iqbal Madni

Timeline Tags: Torture of US Captives

Justice Department lawyer John Yoo, an official with the Office of Legal Counsel (OLC), issues a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but its existence will be revealed in a June 2007 deposition filed in the course of an American Civil Liberties Union (ACLU) lawsuit. The memo is known to cover the War Crimes Act, the Hague Convention, the Geneva Conventions, the federal criminal code, and detainee treatment. [American Civil Liberties Union [PDF], 1/28/2009 pdf file] It is co-authored by OLC special counsel Robert Delahunty. [ProPublica, 4/16/2009]

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

Timeline Tags: Civil Liberties

The Spanish intelligence agency CESID (later renamed CNI) frustrates the arrest of a senior member of al-Qaeda in Europe, Amer el-Azizi, by Spanish police. Most members of the cell of which el-Azizi was a member were arrested shortly before, but el-Azizi had avoided the round-up by fleeing abroad (see October 2001). After returning to Spain, he again falls under police surveillance, but, according to Spanish police union head Jose Manuel Sanchez Fornet, his arrest is prevented by “interference” from CESID. Fornet will later say that a police recording made at this time shows two CESID agents going to el-Azizi’s house. This alerts el-Azizi that he is under surveillance and he flees his home. [El Mundo (Madrid), 4/29/2004] El-Azizi then remains in Spain for some weeks, selling his car to an associate. When his apartment is searched, police find more than a dozen bags with radical Islamic books and videos. They also find videos of bin Laden on his computer and pamphlets from groups like Hamas. [Wall Street Journal, 3/19/2004; Wall Street Journal, 4/7/2004; Los Angeles Times, 4/29/2004] El-Azizi was arrested and released twice before (see October 10, 2000). He helped plan a meeting for Mohamed Atta just before 9/11 (see Before July 8, 2001 and July 8-19, 2001), and will go on to be involved in the Madrid train bombings (see Before March 11, 2004 and 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Centro Nacional de Inteligencia, Amer el-Azizi, Jose Manuel Sanchez Fornet

Timeline Tags: Complete 911 Timeline

Salim Hamdan is captured in Afghanistan. [Guantanamo Military Commissions, 11/20/2007 pdf file] Hamdan is an Arab who has lived in Afghanistan for some time and has some knowledge about al-Qaeda and its operations there. He will later become well known after he is transferred to Guantanamo and engages in a series of legal battles to gain his freedom (see November 8, 2004 and June 30, 2006). [USA Today, 7/24/2008; Reuters, 7/24/2008] At some point, he is handed over to the FBI. However, agents for the bureau do not read him his Miranda rights. “Our policy at the time was not to read Miranda rights,” FBI special agent Robert Fuller will say in testimony at a US military commission hearing for Hamdan. Reuters will later write, “Similar warnings must be given to suspects in US military custody, and suspects overseas who may face US charges commonly receive warnings.” FBI special agent Stewart Kelley will say, “If they are a suspect, and they are detained, a Miranda is usually given.” [Reuters, 7/24/2008]

Entity Tags: Federal Bureau of Investigation, Salim Ahmed Hamdan, Stewart Kelley, Robert Fuller

Timeline Tags: Torture of US Captives

Salim Hamdan, a detainee with some knowledge about al-Qaeda who was captured in late November, takes FBI agents on two tours of facilities associated with al-Qaeda in Afghanistan. Hamdan and the agents twice drive around Kandahar in the months after his capture and he points out compounds owned by Osama bin Laden, including Tarnak Farms, and guest houses where al-Qaeda members could safely stay, which the agents take pictures of. Robert Fuller, one of the agents who accompanies Hamdan, will later say: “The first compound, when we arrived to it, it was destroyed. No roof was left.” The second compound is intact, and “in great shape,” according to Fuller. Hamdan also tells the FBI of his time at a training camp, but says he only stayed for a month and then returned to a guest house to be with his family. In addition, he identifies several high-ranking al-Qaeda officials and describes visits by bin Laden and other al-Qaeda figures to the camp. They gave speeches and “offered words of encouragement,” according to FBI agent Craig Donnachie. [USA Today, 7/24/2008; Reuters, 7/24/2008] Despite this co-operation, Hamdan will be transferred to Guantanamo, held there for years, and prosecuted in a military commission (see June 30, 2006).

Entity Tags: Robert Fuller, Craig Donnachie, Salim Ahmed Hamdan, Federal Bureau of Investigation

Timeline Tags: Torture of US Captives

The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal.The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Asif Iqbal, Northern Alliance, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

In early September 2001, an Egyptian militant named Rabei Osman Sayed Ahmed moves from Germany to Spain. By December, Spanish officials open an investigation about him after noticing he is in frequent contact with other Islamist militants. One month later, Spanish investigators notify German officials that they have Ahmed under surveillance and request information about his background. Ahmed apparently is aware he is under surveillance and tries to keep a low profile. [Washington Post, 11/14/2004] But through him, investigators led by judge Baltasar Garzon begin monitoring other militants he meets. In May 2002, they start tapping the phones of Fouad el Morabit and Basel Ghalyoun. In June, they realize Ahmed is in contact with Serhane Abdelmajid Fakhet, who has already been under surveillance since 2000 (see October 19, 2001). They also learn at some point that he is in contact with the brothers Moutaz and Mouhannad Almallah. Investigators lose track of el Morabit a near the end of 2002 when he changes phones. They also lose track of Ghalyoun aroun the same time because his conversations apparently are not interesting enough. Ahmed also moves to France. [El Mundo (Madrid), 7/31/2005] However, in early 2003, investigators begin monitoring an apartment where all the suspects mentioned live or meet (see January 4, 2003). All of them will later be accused of being key players in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004).

Entity Tags: Rabei Osman Sayed Ahmed, Serhane Abdelmajid Fakhet, Mouhannad Almallah, Basel Ghalyoun, Baltasar Garzon, Fouad el Morabit, Moutaz Almallah

Timeline Tags: Complete 911 Timeline

The United States Strategic Command (Stratcom) produces a document mentioning that the US backed some of al-Qaeda’s forerunners. The document, an after-action report for Stratcom’s Global Guardian exercise in 2001, contains summaries about terrorist groups from around the world. Its section on al-Qaeda states: “The group was originally brought together from elements of various insurgent military groups which have fought continuously in the Middle East since the 1980s. Some of these groups had US backing in the past.” Al-Qaeda was formed in 1988 (see August 11-20, 1988) by Arabs who had fought for the US-sponsored mujaheddin in the Soviet-Afghan war (see 1985-1986 and 1986-1992). [US Strategic Command, 12/4/2011]

Entity Tags: Al-Qaeda, US Strategic Command

Timeline Tags: Complete 911 Timeline

Tom Ridge, Director of Homeland Security, warns that terrorist strikes “could happen within the next few weeks.” Ridge states that “the quantity and level of threats… have reached a threshold where we should once again place the public on general alert.” He describes the terrorists as “shadow soldiers… a shadow enemy.” [MotherJones, 12/3/2001] Richard Reid does attempt to blow up an airplane with a shoe-bomb later in the month (see December 22, 2001).

Entity Tags: Tom Ridge, US Department of Homeland Security

Timeline Tags: Complete 911 Timeline

US nuclear missiles such as this one will no longer be restricted under the ABM treaty.US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN]President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [White House, 12/13/2001; CNN, 12/14/2001]
Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001]
'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [Carter, 2004, pp. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001]
Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [Savage, 2007, pp. 140]

Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration (43)

Timeline Tags: US International Relations

Saajid Badat.Saajid Badat. [Source: BBC]Saajid Badat, a radical Muslim recruited to perform a shoe bombing on a transatlantic flight (see November 20, 2001), backs out of the plot. Although he already has a ticket to travel from Manchester to Amsterdam and then to the US for December 21, he sends his handler in Pakistan a short coded message saying he cannot go through with the attack. He hides the detonator and the explosive at his home, but, after his partner Richard Reid is arrested (see December 22, 2001), police will uncover Belgian telephone cards he had used to keep in touch with a local contact they had shared in Brussels, Nizar Trabelsi. The police will arrest Badat in November 2003 and in April 2005 he will be sentenced to 13 years in jail. The length of the sentence will reflect the co-operation he provides to police. [BBC News, 4/22/2005; O'Neill and McGrory, 2006, pp. 231-232]

Entity Tags: Saajid Badat, Nizar Trabelsi

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Ibn al-Shaykh al-Libi, captured by Pakistani forces six weeks earlier (see November 11, 2001), is handed over to US authorities at the Bagram air base in Afghanistan. Two FBI agents from New York are tasked with interrogating him. One of the agents, Russell Fincher, spends more than 80 hours with al-Libi discussing religion and prayer in an effort to establish a close bond. It works, and al-Libi opens up to Fincher, giving him information about Zacarias Moussaoui and the so-called shoe bomber, Richard Reid (see December 22, 2001). [Isikoff and Corn, 2006, pp. 120] But despite this progress, he will soon be transferred to Egypt and tortured there into making some false confessions (see January 2002 and After).

Entity Tags: Zacarias Moussaoui, Richard C. Reid, Ibn al-Shaykh al-Libi, Russell Fincher

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

Chagossians file a class action suit against the US government suing for reparations and the right to return to their homes on the Chagos Islands. They were evicted from the islands in the early 1970s (see July 27, 1971-May 26, 1973) so the US could build a military base on the island of Diego Garcia. The suit accuses the US government, as well as numerous past and present officials, with trespass, intentional infliction of emotional distress, forced relocation, racial discrimination, torture, and genocide. The Chagossians are not asking the US government to abandon the island and say they are willing to work on the base. [Washington Post, 12/21/2001; Self-Determination News, 1/28/2002]

Entity Tags: Chagossians

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

The Justice Department’s John Yoo sends a classified memo to the Defense Department’s general counsel, William Haynes. The contents will not be made public, but the American Civil Liberties Union (ACLU) will eventually learn that the memo concerns possible criminal charges to be brought against an American citizen who is suspected of being a member of either al-Qaeda or the Taliban. The ACLU believes the memo discusses the laws mandating that US military personnel must adhere to the Uniform Code of Military Justice, and how those laws may not apply to military personnel during a so-called “undeclared war.” [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

Richard Reid’s shoe bomb.
Richard Reid’s shoe bomb. [Source: NEFA Foundation]British citizen Richard Reid is arrested for trying to blow up a Miami-bound jet using explosives hidden in his shoe. [Associated Press, 8/19/2002] Reid fails in his attempt to destroy the American Airlines jet because he is unable to detonate the explosives—he cannot get the fuse to light using matches, despite using up six of them before he is overpowered by the stewards and passengers. Authors Sean O’Neill and Daniel McGrory will comment, “Had Reid used a cheap disposable plastic cigarette lighter to ignite the fuse of his bomb, rather than a match that did not burn for long enough, forensic experts are sure there was enough plastic explosive in his boot to puncture the fuselage of Flight 63 and bring down the aircraft.” [O'Neill and McGrory, 2006, pp. 215-217, 236] The attack is supposed to be one of two simultaneous attacks, but Reid’s partner, Saajit Badat, backs out shortly before the bombing (see (December 14, 2001)). Reid will later plead guilty to all charges, and declare himself a follower of Osama bin Laden. [CBS News, 10/4/2002] He may have ties to Pakistan. [Washington Post, 3/31/2002] It is later believed that Reid and others in the shoe bomb plot reported directly to 9/11 mastermind Khalid Shaikh Mohammed (KSM). [CNN, 1/30/2003] It has been suggested that KSM has ties to the ISI, and that Reid is a follower of Ali Gilani, a religious leader believed to be working with the ISI (see January 6, 2002).

Entity Tags: Khalid Shaikh Mohammed, Daniel McGrory, Sean O’Neill, Richard C. Reid

Timeline Tags: Complete 911 Timeline

A Jordanian suspected of involvement in the 1993 WTC bombing (see February 26, 1993) and 1995 Bojinka plot (see January 6, 1995) is arrested but apparently only charged with minor offenses. Hadi Yousef Alghoul had been arrested in the Philippines in March 1995 and accused of involvement in the Bojinka plot there. (see April 1, 1995-Early 1996). He apparently is the cousin of bomber Ramzi Yousef. [Ressa, 2003, pp. 25] On December 26, 2001, he is arrested in the Philippines again. He is found with nearly 300 sticks of dynamite and other bomb making materials. A police colonel says Alghoul had been under surveillance for years. [CNN, 12/28/2001; Contemporary Southeast Asia, 12/1/2002] Police say he is one of the United States’ 25 most wanted terrorists with a $25 million reward for his arrest in connection with the 1993 WTC bombing. His “fingerprints perfectly matched those of a terrorist tagged in the World Trade Center bombing.” He is also wanted for plotting the assassination of Americans. [Manila Bulletin, 1/6/2002] Yet despite all these accusations, he is not extradited to the US as other Bojinka suspects were, and he is merely charged in 2002 with the illegal possession of explosive devices. There have been no further news accounts about him. [Manila Sun-Star, 11/16/2002]

Entity Tags: Hadi Yousef Alghoul, Ramzi Yousef

Timeline Tags: Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, War in Afghanistan

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Ahmad Sajuli Abdul Rahman.Ahmad Sajuli Abdul Rahman. [Source: Malaysian Government]Ahmad Sajuli Abdul Rahman is arrested in Kuala Lumpur, Malaysia. [Utusan Malaysia, 1/5/2002]
Links to Al-Qaeda Summit - Sajuli, believed to be an operative of Jemaah Islamiyah, al-Qaeda’s Southeast Asian affiliate, did not attend an important al-Qaeda summit in Kuala Lumpur, Malaysia, in January 2000 (see January 5-8, 2000), but he took some of the attendees around Kuala Lumpur. [US Congress, 10/17/2002] According to the later Guantanamo file of summit attendee Abu Bara al-Taizi (a.k.a. Zohair Mohammed Said), one of the attendees Sajuli escorted around town was 9/11 hijacker Khalid Almihdhar. Sajuli also helped arrange al-Taizi’s transportation at the end of the summit. [US Department of Defense, 10/25/2008] Sajuli’s arrest is part of a wave of over a dozen arrests in Malaysia that also gets Yazid Sufaat, one of the summit attendees (see December 19, 2001). [Utusan Malaysia, 1/5/2002]
Held without Charge or Trial - Malaysian law allows for suspects to be held without charge or trial for up to two years, and this can be extended for additional two year periods. In early 2004, it will be announced that Sajuli’s detention will be extended for another two years. [Human Rights Watch, 2/26/2004] However, apparently will be released before that two year period is up, because there will be no further news of his detention.

Entity Tags: Yazid Sufaat, Khalid Almihdhar, Abu Bara al-Taizi, Ahmad Sajuli Abdul Rahman, Jemaah Islamiyah

Timeline Tags: Complete 911 Timeline

Three of the men convicted for the World Trade Center bombing (see February 26, 1993)—Mohammed Salameh, Mahmud Abouhalima, and Nidal Ayyad—are allowed to write about 90 letters from inside the Supermax prison in Florence, Colorado, encouraging fellow extremists around the world. Some of the letters are sent to Morocco and some to a militant cell in Spain. In one, addressed to cell leader Mohamed Achraf, who will be arrested in late 2004 for attempting to blow up the National Justice Building in Madrid (see July-October 18, 2004), Salameh writes, “Oh, God, make us live with happiness. Make us die as martyrs. May we be united on the day of judgment.” Other recipients have links to the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004). One of Salameh’s letters, in which he calls Osama bin Laden “the hero of my generation,” is published in a newspaper in July 2002, but this does not result in any new security attempts to stop other letters. The letters urge readers to “terminate the infidels” because “Muslims don’t have any option other than jihad.” Former prosecutor Andrew McCarthy wonders, “He was exhorting acts of terrorism and helping recruit would-be terrorists for the jihad from inside an American prison.” Terrorism specialist Hedieth Mirahmadi says the letters would have been especially useful for recruitment because the convicted bombers have “a power that the average person or the average imam in a mosque doesn’t have.” Attorney General Alberto Gonzales will later comment, “I was surprised. Didn’t seem to make any sense to me and I’m sure the average American would have to wonder, ‘How could this happen?’” Staff at the prison noticed the letters were unmonitored and complained in 2003, but it apparently took management several months to impose a tighter regime. [MSNBC, 3/1/2005; MSNBC, 3/9/2005]

Entity Tags: US Bureau of Prisons, Mohamed Achraf, Mohammed Salameh, Hedieth Mirahmadi, Andrew McCarthy, Alberto R. Gonzales, Nidal Ayyad, Mahmud Abouhalima

Timeline Tags: Complete 911 Timeline

Ali Gilani.Ali Gilani. [Source: CNN]The Boston Globe reports that shoe bomber Richard Reid may have had ties with an obscure Pakistani group called Al-Fuqra. Reid apparently visited the Lahore, Pakistan, home of Ali Gilani, the leader of Al-Fuqra. [Boston Globe, 1/6/2002] Reporter Daniel Pearl reads the article and decides to investigate. [Vanity Fair, 8/2002] Pearl believes he is on his way to interview Gilani when he is kidnapped. [Pittsburgh Tribune-Review, 3/3/2002] A 1995 State Department report said Al-Fuqra’s main goal is “purifying Islam through violence.” [Vanity Fair, 8/2002] Intelligence experts now say Al-Fuqra is a splinter group of Jaish-e-Mohammed, with ties to al-Qaeda. [United Press International, 1/29/2002] Al-Fuqra claims close ties with the Muslims of the Americas, a US tax-exempt group claiming about 3,000 members living in rural compounds in 19 states, the Caribbean, and Europe. Members of Al-Fuqra are suspected of at least 13 fire bombings and 17 murders, as well as theft and credit-card fraud. Gilani, who had links to people involved in the 1993 WTC bombing, fled the US after the bombing. He admitted he works with the ISI, and now lives freely in Pakistan. [Boston Globe, 1/6/2002; News (Islamabad), 2/15/2002; Pittsburgh Tribune-Review, 3/3/2002; Vanity Fair, 8/2002] Saeed Sheikh “has long had close contacts” with the group, and praises Gilani for his “unexplained services to Pakistan and Islam.” [News (Islamabad), 2/18/2002; Pittsburgh Tribune-Review, 3/3/2002]

Entity Tags: Pakistan Directorate for Inter-Services Intelligence, Al-Fuqra, Jaish-e-Mohammed, Daniel Pearl, Ali Gilani, Saeed Sheikh, Richard C. Reid, Al-Qaeda

Timeline Tags: Complete 911 Timeline

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

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

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

Justice Department lawyer John Yoo sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

Timeline Tags: Civil Liberties

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

The second batch of prisoners from Afghanistan arrives at Guantanamo. It includes Asif Iqbal, Shafiq Rasul (see January 12 or 13, 2002), and about 40 others. Rasul is told: “You are now the property of the US Marine Corps.” According to Rasul, the heat is “boiling,” but “for about six or seven hours” the prisoners are forced to take a squatting position outside in the sun, still shackled, and still wearing mittens, ear muffs, goggles, and masks. They are not given water, although occasionally someone will come by and wet their lips. When Rasul asks for water, a soldier starts kicking him in the back. Dogs are barking “very close” to him. After a few hours, Iqbal goes into a fit, is removed on a stretcher and has an IV put into his arm. He is then stripped, given a brief shower and rectally examined. Apparently all prisoners are given this treatment, and Rasul believes there can have been no purpose to the cavity search other than to humiliate them, since the same had been done before leaving Kandahar. Rasul is questioned by a woman while naked. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed, Shafiq Rasul, Asif Iqbal

Timeline Tags: Torture of US Captives

Prisoners being flown to Guantanamo.Prisoners being flown to Guantanamo. [Source: Public domain]Beginning in January 2002, when the US-controlled Guantanamo prison opens in Cuba, until at least 2005, over 700 suspects are secretly flown by the CIA to Guantanamo over the territories of European countries. Most prisoners come from Afghanistan or other places in the Middle East and change planes at the Incirlik US military airbase in Turkey. Then they fly over Greek, Italian, and Portuguese airspace. About 170 other prisoners fly over or land in Spain. The first flight apparently takes place on January 14, and carries three British citizens known as the “Tipton Three” as well as others (see January 13, 2002). In 2007, the Council of Europe, Europe’s leading watchdog on human rights, will claim that European countries had breached the international Convention against Torture (see October 21, 1994) by giving the US secret permission to use its airspace. Moazzam Begg, a British prisoner at Guantanamo until 2005, will later recall his flight to Guantanamo. “Inside the plane there was a chain around our waist, and it connected to cuffs around my wrists, which were tied in the back, and to my ankles. We were seated but it was so painful not being able to speak, to hear, to breathe properly, to look, to turn left or right, to move your hands, stretch your legs, or anything.” [London Times, 11/25/2007] All the member countries of NATO signed a secret agreement in late 2001 allowing blanket overflight clearances for any flight relating to terrorism (see October 4, 2001).

Entity Tags: Central Intelligence Agency, Moazzam Begg

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

Defense Secretary Rumsfeld sends a memo to Joint Chiefs of Staff Chairman General Richard Myers informing him that Bush has declared the Geneva Conventions invalid with regard to conflicts with al-Qaeda and the Taliban (see January 18-25, 2002). In this “Memorandum for Chairman of the Joint Chiefs of Staff,” Rumsfeld states: “The United States has determined that al-Qaeda and Taliban individuals under the control of the Department of Defense are not entitled to prisoner of war status for purposes of the Geneva Conventions of 1949.” Nevertheless, “[t]he Combatant Commanders shall, in detaining al-Qaeda and Taliban individuals under the control of the Department of Defense, treat them humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions of 1949.” [US Department of Defense, 1/19/2002 pdf file] The same day, the memorandum is disseminated as an order by the Joint Chiefs of Staff. [Chairman of the Joint Chiefs of Staff, 1/19/2002 pdf file]

Entity Tags: Richard B. Myers, Donald Rumsfeld

Timeline Tags: Torture of US Captives

Attorney General John Ashcroft publicly defends the president’s decision (see January 18-25, 2002) to deny detainees the protections of Geneva Conventions. He calls the detainees “terrorists” who “are uniquely dangerous.” [CNN, 1/22/2002]

Entity Tags: John Ashcroft

Timeline Tags: Torture of US Captives

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), and OLC lawyer John Yoo send a memo to White House counsel Alberto Gonzales and Defense Department chief counsel William Haynes. Known as the “Treaties and Laws Memorandum,” the document addresses the treatment of detainees captured in Afghanistan, and their eventual incarceration at Guantanamo and possible trial by military commissions. The memo asserts that the Geneva Conventions do not apply to al-Qaeda detainees, and the president has the authority to deny Taliban members POW status. The document goes on to assert that the president is not bound by international laws such as the Geneva Conventions because they are neither treaties nor federal laws. [US Department of Justice, 1/22/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file]

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

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

John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 pdf file]

Entity Tags: Jay S. Bybee, American Civil Liberties Union, Geneva Conventions, US Department of Justice, John C. Yoo, Office of Legal Counsel (DOJ), Larry D. Thompson

Timeline Tags: Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

US Secretary of State Colin Powell responds to Alberto Gonzales’ January 25 draft memo to the president (see January 25, 2002). He argues that it does not provide the president with a balanced view on the issue of whether or not to apply the Geneva Conventions to the conflict in Afghanistan. Powell lists several problems that could potentially result from exempting the conflict from the Conventions as Gonzales recommends. For example, he notes that it would “reverse over a century of US policy and practice in supporting the Geneva conventions and undermine the protections of the law of war for our troops, both in this specific conflict and in general.” The decision will furthermore have “a high cost in terms of negative international reaction.” It will “undermine public support among critical allies, making military cooperation more difficult to sustain,” and other states would “likely have legal problems with extradition or other forms of cooperation in law enforcement, including in bringing terrorists to justice.” But perhaps most ominously, Powell charges that the proposed decision “may provoke some individual foreign prosecutors to investigate and prosecute our officials and troops” and “make us more vulnerable to domestic and legal challenge.” The end of the memo consists of several rebuttals to points that Gonzales made in his memo. [US Department of State, 1/26/2004 pdf file; New York Times, 5/21/2004; Newsweek, 5/24/2004]

Entity Tags: Geneva Conventions, Alberto R. Gonzales, Colin Powell

Timeline Tags: Torture of US Captives, Civil Liberties

Reporter Daniel Pearl moments before he is killed.Reporter Daniel Pearl moments before he is killed. [Source: Associated Press]Wall Street Journal reporter Daniel Pearl is murdered. He is reported dead on February 21; his mutilated body is found months later. Police investigators say “there were at least eight to ten people present on the [murder] scene” and at least 15 who participated in his kidnapping and murder. “Despite issuing a series of political demands shortly after Pearl’s abduction four weeks ago, it now seems clear that the kidnappers planned to kill Pearl all along.” [Washington Post, 2/23/2002] Some captured participants later claim 9/11 mastermind Khalid Shaikh Mohammed is the one who cuts Pearl’s throat. [MSNBC, 9/17/2002; Time, 1/26/2003] The land on which Pearl was held and murdered reportedly belongs to either the Al Rashid Trust, or one of its supporters, Saud Memon. The Al Rashid Trust, an ostensibly charitable organization that US intelligence linked to the financing of al-Qeada, is closely linked to the jihadi organization Jaish-i-Mohammed and was one of the very first organizations to have its assets frozen after 9/11. It may have been used to funnel money to the 9/11 hijackers in the US (see Early August 2001 and September 24, 2001). [Time, 1/26/2003; Daily Telegraph, 5/9/2004; Tribune, 4/2/2006]

Entity Tags: Al Rashid Trust, Daniel Pearl, Khalid Shaikh Mohammed, Saud Memon

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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

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

Timeline Tags: Civil Liberties

In a reply to White House Counsel Alberto Gonzales (see January 25, 2002), the State Department’s Legal Director, William Howard Taft IV, tries again (see January 11, 2002) to put his view forward supporting obeying the Geneva Conventions. He writes: “The president should know that a decision that the Conventions do apply is consistent with the plain language of the Conventions and the unvaried practice of the United States in introducing its forces into conflict over fifty years.” [US Attorney General, 2/1/2002]

Entity Tags: William Howard Taft IV, Alberto R. Gonzales

Timeline Tags: Torture of US Captives, Civil Liberties

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

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

Timeline Tags: Torture of US Captives, Civil Liberties

The US negotiates “status of force” agreements with several foreign governments allowing the US to set up CIA-run interrogation facilities and granting immunity to US personnel and private contractors. The facilities were authorized by a recent secret presidential directive (see After February 7, 2002). [Newsweek, 5/24/2004] The CIA-run centers are kept completely under wraps. Prisoners are secretly held in custody and hidden from International Human rights organizations. In these facilities, there will be several incidents of abuse, torture, and murder. [International Committee of the Red Cross, 2/24/2004 pdf file; Washington Post, 5/11/2004; New York Times, 5/13/2004] These secret detentions centers will be operated in several locations around the world including:
Afghanistan - Asadabad, Kabul, Jalalabad, Gardez, Khost, Bagram, Kabul (known as “the Pit”). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Pakistan - Kohat (near the border of Afghanistan), Alizai. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Britain - Diego Garcia (British Possession in the Indian Ocean). [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Jordan - Al Jafr Prison. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
United States naval ships at sea - The USS Bataan and the USS Peleliu. [First, 6/2004 pdf file; Human Rights First, 6/17/2004]
Thailand - Inside an unknown US military base, which is the first to become operational in March 2002 (see March 2002). [ABC News, 12/5/2005]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Former CIA Director James Woolsey telephones Deputy Assistant Defense Secretary Linton Wells to arrange a meeting between Defense Intelligence Agency (DIA) analysts and Mohammad Harith, an Iraqi defector being supplied by the Iraqi exile group, the Iraqi National Congress. [Knight Ridder, 7/16/2004 Sources: Classified Pentagon report] After the phone call, Wells issues an “executive referral,” requesting that the Iraqi National Congress (INC) introduce Harith to the Pentagon’s Defense Intelligence Agency (DIA). [Knight Ridder, 7/16/2004] Later in the day, two DIA officers meet with Ahmed Chalabi to arrange an interview with Harith. In an email to Knight Ridder Newspapers, Wells will later recall, “I discussed the issue of an individual with information on Iraq[i] weapons of mass destruction with intelligence community members. They said they would follow up. I never met with any member of the INC.” [Knight Ridder, 7/16/2004]

Entity Tags: Mohammad Harith, Linton Wells, Iraqi National Congress, James Woolsey

Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence

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