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Profile: Bush administration (43)

a.k.a. George W. Bush administration

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Quotes

July 7, 2003

“There is other reporting to suggest that Iraq tried to obtain uranium from Africa. However, the information is not detailed or specific enough for us to be certain that attempts were in fact made.” [New York Times, 7/8/2003]

Associated Events

Bush administration (43) was a participant or observer in the following events:

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AT&T attorney Michael Kellogg enters the courtroom.AT&T attorney Michael Kellogg enters the courtroom. [Source: Wired News]The Ninth Circuit Court of Appeals in San Francisco hears two related cases: one a government appeal to dismiss a case brought against AT&T for its involvement in the National Security Agency (NSA)‘s domestic wiretapping program (see July 20, 2006), and the other a challenge to the government’s authority to wiretap overseas phone calls brought on behalf of a now-defunct Islamic charity, Al Haramain (see February 28, 2006). The AT&T lawsuit is brought by the Electronic Frontier Foundation (see January 31, 2006). Among the onlookers is AT&T whistleblower Mark Klein (see December 15-31, 2005 and July 7, 2009), who has provided key documentation for the EFF lawsuit (see Early January 2006).
Government Lawyer: Court Should Grant 'Utmost Deference' to Bush Administration - Deputy Solicitor General Gregory Garre, arguing on behalf of the US government, tells Judge Harry Pregerson, one of the three judges presiding over the court, that allowing the EFF lawsuit against AT&T to go forward would result in “exceptionally grave harm to national security in the United States,” even though a previous judge has ruled otherwise (see July 20, 2006) and the government itself has admitted that none of the material to be used by EFF is classified as any sort of state secret (see June 23, 2006). Pregerson says that granting such a request would essentially make his court a “rubber stamp” for the government, to which Garre argues that Pregerson should grant the “utmost deference” to the Bush administration. Pregerson retorts: “What does utmost deference mean? Bow to it?” [Wired News, 8/15/2007] Klein will later accuse Garre of using “scare tactics” to attempt to intimidate the judges into finding in favor of AT&T and the government. [Klein, 2009, pp. 79]
Government Refuses to Swear that Domestic Surveillance Program Operates under Warrant - Garre says that the goverment’s domestic surveillance program operates entirely under judicial warrant; he says the government is not willing to sign a sworn affidavit to that effect. Reporter Kevin Poulsen, writing for Wired News, says that Garre’s admission of the government’s reluctance to swear that its domestic surveillance program operates with warrants troubles all three judges. AT&T attorney Michael Kellogg argues that AT&T customers have no proof that their communications are being given over to the government without warrants, and therefore the EFF lawsuit should be dismissed. “The government has said that whatever AT&T is doing with the government is a state secret,” Kellogg says. “As a consequence, no evidence can come in whether the individuals’ communications were ever accepted or whether we played any role in it.” EFF attorney Robert Fram argues that the Foreign Intelligence Surveillance Act (FISA) allows citizens to challenge electronic surveillance by permitting courts to hear government evidence in chambers. He is careful, Poulsen writes, to note that EFF does not want specific information on the NSA’s sources and methods, and says that EFF already has enough evidence to prove its assertion that AT&T compromised its customers’ privacy by colluding with the NSA’s domestic surveillance program.
Government Mocks Whistleblower's AT&T Documentation - Garre mocks Klein’s AT&T documents, saying that all they prove is that the NSA’s secret room in AT&T’s San Francisco facility (see Late 2002-Early 2003, January 2003, and October 2003) “has a leaky air conditioner and some loose cables in the room.” Fram counters that Klein’s documentation is specific and damning. It proves that the NSA housed a splitter cabinet in that secret room that “split” data signals, allowing the NSA to wiretap literally millions of domestic communications without the knowledge of AT&T customers (see February 2003, Fall 2003, Late 2003, and Late 2003). Fram says Klein’s documents, along with other non-classified documentation EFF has presented, proves “the privacy violation on the handover of the Internet traffic at the splitter into the secret room, which room has limited access to NSA-cleared employees. What is not part of our claim is what happens inside that room.” Klein’s documentation proves the collusion between AT&T and the NSA, Fram states, but Judge M. Margaret McKeown questions this conclusion. According to Poulsen, McKeown seems more willing to grant the government the argument that it must protect “state secrets” than Pregerson.
Government Argues for Dismissal of Al Haramain Case - As in the AT&T portion of the appeal hearing, the government, represented by Assistant US Attorney General Thomas Brody, argues for the Al Haramain lawsuit’s dismissal, saying, “The state secrets privilege requires dismissal of this case.” Even the determination as to whether Al Haramain was spied upon, he argues, “is itself a state secret.” The Top Secret government document that Al Haramain is using as the foundation of its case is too secret to be used in court, Brody argues, even though the government itself accidentally provided the charity with the document. Even the plaintiff’s memories of the document constitute “state secrets” and should be disallowed, Brody continues. “This document is totally non-redactable and non-segregable and cannot even be meaningfully described,” he says. A disconcerted Judge McKeown says, “I feel like I’m in Alice and Wonderland.” Brody concludes that it is possible the Al Haramain attorneys “think or believe or claim they were surveilled. It’s entirely possible that everything they think they know is entirely false.” [Wired News, 8/15/2007]
No Rulings Issued - The appeals court declines to rule on either case at this time. Klein will later write, “It was clear to everyone that this panel would, if they ever issued a ruling, deny the ‘state secrets’ claim and give the green light for the EFF lawsuit to go forward.” [Klein, 2009, pp. 79-81] Wired News’s Ryan Singel writes that the panel seems far more sympathetic to the EFF case than the Al Haramain case. The judges seem dismayed that the government fails to prove that no domestic surveillance program actually exists in the EFF matter. However, they seem far more willing to listen to the government’s case in the Al Haramain matter, even though McKeown says that the government’s argument has an “Alice in Wonderland” feel to it. Singel believes the government is likely to throw out the secret document Al Haramain uses as the foundation of its case. However, he writes, “all three judges seemed to believe that the government could confirm or deny a secret intelligence relationship with the nation’s largest telecom, without disclosing secrets to the world.… So seemingly, in the eyes of today’s panel of judges, in the collision between secret documents and the state secrets privilege, ‘totally secret’ documents are not allowed to play, but sort-of-secret documents—the AT&T documents—may be able to trump the power of kings to do as they will.” [Wired News, 8/15/2007] Wired News’s David Kravets notes that whichever way the court eventually rules, the losing side will continue the appeals process, probably all the way to the US Supreme Court. The biggest question, he says, is whether the NSA is still spying on millions of Americans. [Wired News, 8/15/2007]

Entity Tags: Foreign Intelligence Surveillance Act, US Supreme Court, Electronic Frontier Foundation, Bush administration (43), Al Haramain Islamic Foundation, AT&T, David Kravets, Ryan Singel, Thomas Brody, National Security Agency, Mark Klein, Kevin Poulsen, M. Margaret McKeown, Gregory Garre, Harry Pregerson, Robert Fram, Michael Kellogg

Timeline Tags: Civil Liberties

Retired General Joseph Hoare, a former commander of US CENTCOM, says: “The idea that [Iraq] is going to go the way the guys [in the Bush administration] planned (see January 2007) is ludicrous. There are no good options.” [Unger, 2007, pp. 317]

Entity Tags: Joseph Hoare, Bush administration (43)

Timeline Tags: Iraq under US Occupation

The Pentagon has drawn up plans for massive air strikes against 1,200 targets in Iran, with the goal of annihilating Iran’s military capabilities in three days, according to Alexis Debat, the director of terrorism and national security at the conservative Nixon Center. Unfortunately, Debat’s credentials as a reporter and a reliable source of information have been seriously discredited (see September 12, 2007), so it is hard to tell how much credence to give Debat’s warnings. Debat, an ardent neoconservative, says the US military has concluded, “Whether you go for pinprick strikes or all-out military action, the reaction from the Iranians will be the same.” Therefore, he says, such massive air strikes make up “very legitimate strategic calculus.” Debat’s statements come on the heels of George W. Bush’s assertion that Iran is forcing the Middle East to live “under the shadow of a nuclear holocaust.” Bush said that the US and its allies will confront Iran “before it is too late.” (The International Atomic Energy Agency (IAEA) says that Iran is cooperating with the agency over its nuclear program.) A Washington source says the “temperature [is] rising” inside the administration. Bush is “sending a message to a number of audiences,” he says—to the Iranians and to members of the UN Security Council who are trying to weaken a proposed third resolution on sanctions against Iran for flouting a UN ban on uranium enrichment. If Bush’s present commitment to diplomacy with Iran flags, his administration believes it would be prudent to use rapid, devastating force against Iran. [London Times, 9/2/2007] Three weeks later, the British media reports on “Project Checkmate,” an Air Force strategic planning group that is developing plans for a crushing air strike against Iran’s military capabilities (see June 2007).

Entity Tags: Nixon Center, Alexis Debat, Bush administration (43), International Atomic Energy Agency, Project Checkmate, George W. Bush, US Department of Defense

Timeline Tags: US confrontation with Iran

Author and reporter Charlie Savage observes that the Bush administration went far beyond the Reagan-era vision of a “unitary executive” (see April 30, 1986). He writes that the administration decided early on—perhaps before taking office in January 2001—to combine the “unitary executive” theory with the older concept of the “inherent powers” of the presidency (see 1901-1909 and June 30, 1950). Savage writes: “The new and improved Unitary Executive Theory said that Congress could not regulate any executive power, but the theory said nothing about the potential scope of such power. When fused, the two theories transformed any conceivably inherent executive power into an exclusive one. The president could do virtually anything, without any check by Congress.” Savage notes that most legal experts from across the political spectrum have roundly rejected both theories, as has the Supreme Court (see June 2, 1952 and June 1988). “The Bush-Cheney administration legal team regularly ignored the existence of such precedents in its secret advisory opinions” (see November 16-17, 1987 and September 25, 2001). The Bush administration also used an unusual reading of Alexander Hamilton’s discussion of the executive branch’s “unity” in the Federalist Papers, article 70, in which Hamilton advocated that the president’s powers should not be limited by a body of lawmakers. As Savage points out, most legal scholars call this reading “extremely misleading,” and note that Hamilton was writing about the Founding Fathers’ decision to have a single president instead of an executive committee. In fact, Hamilton explicitly repudiated the idea of a “unitary executive” in Federalist 69. Savage writes: “Over and over again, the presidentialists’ most important legal writings failed to make any mention of Federalist 69, even as they selectively quoted tidbits of Federalist 70—and quoted them out of context—as proof for their power to act beyond the limits of statutes passed by Congress.” Conservative law professor Richard Epstein calls the Bush administration’s legal theory “just wrong,” and its lawyers’ failure to acknowledge Federalist 69 “scandalous.” Epstein says: “How can you not talk about Federalist 69? All you have to do is go on Google and put in ‘Federalist Papers’ and ‘commander in chief,’ and it pops up.” [Savage, 2007, pp. 124-127]

Entity Tags: Charlie Savage, Richard Epstein, Bush administration (43)

Timeline Tags: Civil Liberties

Jack Goldsmith’s ‘The Terror Presidency.’Jack Goldsmith’s ‘The Terror Presidency.’ [Source: Barnes and Noble.com]Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel (OLC) from October 2003 through June 2004, is publishing a new book, The Terror Presidency, in which he details many of the controversies in which he found himself mired during his brief and stormy tenure. Goldsmith was viewed, along with his friend and fellow law professor John Yoo, as two of the department’s newest and brightest conservative stars; the two were called the “New Sovereigntists” by the prestigious political journal Foreign Affairs. But instead of adding his voice to others in the Bush administration who supported the expanding powers of the presidency at the cost of civil liberties, Goldsmith found himself at odds with Yoo, White House counsel Alberto Gonzales, and other White House and Justice Department officials. The OLC advises the president on the limits of executive power (and finds legal justifications for its actions as well), and Goldsmith became embattled in disputes with the White House over the Bush administration’s systematic attempts to push the boundaries of executive power almost from the onset of his term as OLC chief, especially in light of the administration’s responses to 9/11 and the threat of Islamist terrorism (see October 6, 2003). Goldsmith disagreed with the White House over issues surrounding the use of torture against terrorist suspects (see December 2003-June 2004), the NSA’s secret domestic wiretapping program (see June 17, 2004), the extra-constitutional detention and trial of enemy combatants (see January-June 2004), and other issues.
'Behind-the-Scenes Revolt' - After nine contentious months leading a small group of administration lawyers in what New York Times Magazine reporter Jeffrey Rosen calls a “behind-the-scenes revolt against what [Goldsmith] considered the constitutional excesses of the legal policies embraced by his White House superiors in the war on terror,” Goldsmith resigned. He says of his mindset at the end of his term, “I was disgusted with the whole process and fed up and exhausted.” Goldsmith chose to remain quiet about his resignation, and as a result, his silence was widely misinterpreted by media, legal, and administration observers. Some even felt that Goldsmith should be investigated for his supposed role in drafting the torture memos he had actually opposed. “It was a nightmare,” Goldsmith recalls. “I didn’t say anything to defend myself, except that I didn’t do the things I was accused of.” [New York Times Magazine, 9/9/2007]
Not a Whistleblower - Goldsmith, who now teaches law at Harvard, does not regard himself as a whistleblower. “This book is not about whistle blowing,” he says. “It’s about trying to explain to the public the enormous pressures and tensions inside the executive branch to keep Americans safe and about how that pressure bumps into the wall, and about the difficulties that everyone in the administration has and the pressure to do everything possible to keep Americans safe, and the intense pressure to comply with the law. And it’s an attempt to give a fair-minded and deeply sympathetic description of that tension, and I actually think there’s a structural problem in the presidency because of this, and I’m trying to explain the pressure the administration is under and why it did the things it did, and why it did things correctly in some circumstances and why it made mistakes.” He says he has learned some difficult lessons from his tenure in Washington: “I came away from my time in government thinking, as many people do, that there’s too much secrecy. Both too much secrecy inside the executive branch and between the executive branch and Congress. There’s obviously a trade-off and it’s hard to know when to draw the line. If issues and debates are too tightly drawn, and there’s too much secrecy, then two pathologies occur and we saw them occur in this administration. One is you don’t have the wide-range debate needed to help you avoid errors. Two is, it’s pretty well known that excessive secrecy leaves other people in the government to question what is going on when they get wind of it, and to leak it.” [Newsweek, 9/8/2007]
Bush, Administration Officials Going Too Far in Placing Politics Above Law - Goldsmith believes that Bush and his officials are their own worst enemies in their attempts to expand presidential power. Goldsmith, like his heroes Abraham Lincoln and Franklin D. Roosevelt, regards the law as secondary to political leadership. Bush’s indifference and even contempt for the political process has weakened his abilities as a wartime leader, in direct contrast to Lincoln and Roosevelt. “I don’t know if President Bush understood how extreme some of the arguments were about executive power that some people in his administration were making,” Goldsmith says. Since Bush is not a lawyer, “[i]t’s hard to know how he would know.” Bush’s refusal to work with Congress is in direct contradiction to Lincoln’s and Roosevelt’s approaches, and that refusal has damaged his administration’s ability to combat terrorism and achieve its agenda. Goldsmith writes that Bush has willfully ignored the axiom that the strongest presidential power is the power to persuade. “The Bush administration has operated on an entirely different concept of power that relies on minimal deliberation, unilateral action and legalistic defense,” Goldsmith writes. “This approach largely eschews politics: the need to explain, to justify, to convince, to get people on board, to compromise.” While Goldsmith agrees with the administration that the terrorist threat is extremely serious, and that the US must counter it aggressively, he quotes his conservative Harvard colleague Charles Fried that Bush “badly overplayed a winning hand.” Bush “could have achieved all that he wanted to achieve, and put it on a firmer foundation, if he had been willing to reach out to other institutions of government.” Instead, he says, Bush weakened the presidency he was so determined to strengthen. “I don’t think any president in the near future can have the same attitude toward executive power, because the other institutions of government won’t allow it. The Bush administration has borrowed its power against future presidents.” [New York Times Magazine, 9/9/2007]
Adding to Presidential Power - He adds, “Basically, the administration has the conception of executive power that suggests they clearly have a public agenda item of wanting to leave the presidency more powerful than they found it. Vice President Cheney was in the Ford White House at the dawn of the resurgent Congress after Watergate and Vietnam and he believed then that the 1970s restrictions put on the executive branch by Congress related to war and intelligence harm the presidency. So one of their agenda items before 9/11 was to keep the power of presidency and expand the power of the presidency to put it back to its rightful place.… They’ve certainly lost a lot of trust of Congress. And the Supreme Court really, I think, cut back on certain presidential prerogatives.… Future presidencies will face a culture of distrust and worry, I believe, because of the actions taken by the Bush administration. A lot of it was unnecessary.… So when you have those pressures [to battle terrorism and keep the nation safe] and then you run into laws that don’t allow you to do what you need to do, I think the prescription is that going it alone unilaterally with executive power is not as good as getting the other institutions on board through consensus and consultation.” [Newsweek, 9/8/2007]

Entity Tags: Charles Fried, Bush administration (43), Abraham Lincoln, US Department of Justice, Office of Legal Counsel (DOJ), Jeffrey Rosen, Alberto R. Gonzales, George W. Bush, Jack Goldsmith, John C. Yoo, Franklin Delano Roosevelt

Timeline Tags: Civil Liberties

Alan Greenspan, the former head of the US Federal Reserve, charges in his newly published memoir that the US invasion of Iraq was largely driven by the Bush administration’s desire to control Iraq’s oil reserves. Greenspan says in his book The Age of Turbulence: Adventures in a New World, that he is “saddened that it is politically inconvenient to acknowledge what everyone knows—the Iraq war is largely about oil.” [Agence France-Presse, 9/16/2007; Sunday Times (London), 9/16/2007] In subsequent interviews with the press, though, Greenspan has backed off of his assertion a bit. Iraq’s oil was “not the administration’s motive,” he now says, and goes on to say that the overthrow of Saddam Hussein was essential for the US’s economic stability. “I’m just saying that if somebody asked me, ‘Are we fortunate in taking out Saddam?’ I would say it was essential.” He adds, “I have never heard them basically say, ‘We’ve got to protect the oil supplies of the world,’ but that would have been my motive.” He says he made that argument to White House officials, and one of them told him, “Well, unfortunately, we can’t talk about oil.” [Washington Post, 9/17/2007] Greenspan says he advocated the overthrow of Saddam Hussein, not because of weapons of mass destruction, but because he was convinced Hussein wanted to control the Strait of Hormuz, through which much of the world’s oil passes. That would enable Hussein to threaten the US and its allies, a situation Greenspan found untenable. [Columbia Journalism Review, 9/17/2007] “Iraq was a far greater threat than Iran to the world scene,” he says. [New York Times, 9/17/2007] Greenspan says he believed Hussein should go, but not necessarily through military action. “I wasn’t arguing for war per se. [But] to take [Hussein] out, in my judgment, it was something important for the West to do and essential, but I never saw Plan B”—an alternative to war. In August 2002, seven months before the invasion of Iraq, a National Security Presidential Directive signed by Bush stated as one of the objectives of the invasion was “to minimize disruption in international oil markets.” Greenspan says, “If Saddam Hussein had been head of Iraq and there was no oil under those sands, our response to him would not have been as strong as it was in the first Gulf War. And the second Gulf War is an extension of the first. My view is that Saddam, looking over his 30-year history, very clearly was giving evidence of moving towards controlling the Straits of Hormuz, where there are 17, 18, 19 million barrels a day” passing through. Disruption of even 3 to 4 million barrels a day could have translated into oil prices as high as $120 a barrel, Greenspan now says, and that would have triggered “chaos” in the global economy. Ousting Hussein achieved the purpose of “making certain that the existing system [of oil markets] continues to work, frankly, until we find other [energy supplies], which ultimately we will.” [Washington Post, 9/17/2007]

Entity Tags: Bush administration (43), George W. Bush, US Federal Reserve, Alan Greenspan, Saddam Hussein

Timeline Tags: Events Leading to Iraq Invasion

The Justice Department’s Brian Benczkowski answers Senator Ron Wyden (D-OR)‘s request for clarification of the terms “humane treatment” and “cruel, inhuman, and degrading treatment” as it applies to suspected terrorists in US custody. Benczkowski writes that the government uses the Military Commissions Act (MCA) (see October 17, 2006) and a recent executive order, Order #13440 (authorizing the continued use of harsh interrogation methods—see July 20, 2007) to determine how the US will comply with the Geneva Conventions. Benczkowski writes that Order 13440 and the Army Field Manual, among other guidelines, ensure that any interrogations carried out by US personnel comply with Geneva.
Geneva Does Not Clearly Define 'Humane Treatment' - He goes on to note that the term “humane treatment” is not directly defined by Geneva, but “rather provides content by enumerating the specific prohibitions that would contravene that standard.” Common Article 3, the statute in the Conventions that specifically addresses the treatment of prisoners, expressly prohibits “violence” including “murder of all kinds, mutilation, cruel treatment and torture.” It also prohibits “outrages upon personal dignity,” including “humiliating and degrading treatment.” Benczkowski writes that there is no accepted international standard as to what is defined as “humane treatment” and what is not, outside of the basic provisions of food, water, clothing, shelter, and protection from extremes of temperature. Given this standard, he writes, the Bush administration does ensure that “all detainees within the CIA program shall be treated humanely.”
Defined by Circumstances - He goes on to note that Geneva seems to grant some leeway for interpretation as to what complies with its standards, particularly in the area of “outrages upon personal dignity.” Citing a previous international tribunal, he writes, “To rise to the level of an outrage, the conduct must be ‘animated by contempt for the human dignity of another person’ and it must be so deplorable that the reasonable observer would recognize it as something that must be universally condemned.” None of the methods used by US interrogators contravenes any of these standards as the Justice Department interprets them, Benczkowski concludes. As for the question of “cruel, inhuman and degrading treatment,” or as he abbreviates it, “CIDT,” Benczkowski writes that such treatment is prohibited by the Fifth, Eighth, and Fourteenth Amendments to the US Constitution. However, circumstances determine what is and is not CIDT, he writes; even “in evaluating whether a homicide violates Common Article 3, it would be necessary to consider the circumstances surrounding the act.” The CIA interrogation program fully complies with Common Article 3, various statutes and Supreme Court decisions, and the Bill of Rights, Benczkowski asserts. [US Department of Justice, 9/27/2007 pdf file]

Entity Tags: US Department of Justice, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, Geneva Conventions, Ron Wyden, Military Commissions Act

Timeline Tags: Torture of US Captives, Civil Liberties

Jack Goldsmith, the former head of the Justice Department’s Office of Legal Counsel (see October 6, 2003), testifies before the Senate Judiciary Committee about his former department’s involvement in approving the NSA’s warrantless wiretapping program (see Early 2002). [Washington Post, 10/20/2007] There were aspects of the Terrorist Surveillance Program “that I could not find the legal support for,” he says, but because the program is classified, he refuses to give specific details about which aspects violate the law. Goldsmith says he assumes the White House does not want the legality of the program scrutinized, and therefore, “the extreme secrecy—not getting feedback from experts, not showing it to experts—led to a lot of mistakes.” [Associated Press, 10/2/2007]
Testimony About Hospital Visit - Goldsmith testifies about the failed attempt by then-White House counsel Alberto Gonzales and then-White House chief of staff Andrew Card to pressure then-Attorney General John Ashcroft to declare the program legal over the objections of Goldsmith and Ashcroft’s deputy, James Comey (see March 10-12, 2004). Goldsmith, who accompanied Comey to Ashcroft’s hospital room to counter Gonzales and Card, calls their visit “inappropriate and baffling,” and testifies that Ashcroft “didn’t appreciate being visited in the hospital under these circumstances.” Goldsmith’s testimony further refutes the previous testimony of Gonzales, who insisted that there had been little or no dissension within the department over the wiretapping program (see July 24, 2007). Goldsmith tells the committee, “There were enormous disagreements” about the program, though Gonzales’s explanations could be construed as technically accurate given the varying terminology used for the program. [Washington Post, 10/20/2007] Goldsmith adds that Comey’s account of the events of that visit is accurate, becoming another former administration official to contradict Gonzales’s own testimony about the incident. Goldsmith also contradicts Gonzales’ insistence that there was very little real dissension among Justice Department and White House officials over the legality of the NSA wiretapping program. [Associated Press, 10/2/2007]
Bush Sent Gonzales, Card to Pressure Ashcroft - Goldsmith also testifies that President Bush personally dispatched Gonzales and Card to Ashcroft’s hospital room (see October 2, 2007).

Entity Tags: George W. Bush, Bush administration (43), Alberto R. Gonzales, US Department of Justice, Terrorist Surveillance Program, Office of Legal Counsel (DOJ), National Security Agency, James B. Comey Jr., John Ashcroft, Andrew Card, Jack Goldsmith

Timeline Tags: Civil Liberties

The New York Times reveals that the Justice Department issued two secret rulings authorizing far more extensive use of torture and abuse during the interrogation of terror suspects than has previously been acknowledged by the White House (see February 2005 and Late 2005). The White House’s deputy press secretary, Tony Fratto, makes the same counterclaim that Bush officials have made for years, saying, “We have gone to great lengths, including statutory efforts and the recent executive order, to make it clear that the intelligence community and our practices fall within US law” and international agreements. But that claim is countered by the statements of over two dozen current and former officials involved in counterterrorism. When Attorney General Alberto Gonzales resigned in September after accusations of misleading Congress and the public on a wide array of issues, he said in his farewell speech that the Justice Department is a “place of inspiration” that had balanced the necessary flexibility to pursue the administration’s war on terrorism with the need to uphold the law and respect civil liberties (see July 25, 2007). But many of Gonzales’s associates at the Justice Department now say that Gonzales was usually compliant with the wishes of Vice President Cheney and Cheney’s chief counsel and adviser, David Addington, to endorse whatever interrogation policies the White House wished in the name of protecting the nation, no matter what conflicts may arise with US and international law or whatever criticisms from other governments, Congressional Democrats, or human rights groups may ensue. Critics, including many of the officials now speaking out, say that Gonzales turned the Justice Department from the independent law enforcement arm of the US government into just another arm of the White House. [New York Times, 10/4/2007]

Entity Tags: Alberto R. Gonzales, Bush administration (43), David S. Addington, New York Times, US Department of Justice, Richard (“Dick”) Cheney, Tony Fratto

Timeline Tags: Torture of US Captives, Civil Liberties

The White House denies reports that a secret Justice Department opinion in 2005 authorized the use of torture against detainees suspected of terrorist connections, or superseded US anti-torture laws (see February 2005). Press secretary Dana Perino tells reporters: “This country does not torture. It is a policy of the United States that we do not torture and we do not.” The existence of the 2005 memo, signed by then-Attorney General Alberto Gonzales, was revealed by the New York Times. It apparently superseded a late 2004 memo that characterized torture as “abhorrent” and limited the use of “harsh interrogation techniques” (see December 30, 2004). Perino confirms the existence of the 2005 memo, but will not comment on what techniques it authorized. She merely says that the memo did not reinterpret the law. Justice Department spokesman Brian Roehrkasse says the 2004 opinion remains in effect and that “neither Attorney General Gonzales nor anyone else within the department modified or withdrew that opinion. Accordingly, any advice that the department would have provided in this area would rely upon, and be fully consistent with, the legal standards articulated in the December 2004 memorandum.” Senator John McCain (R-AZ), a consistent opponent of torture, says he was “personally assured by administration officials that at least one of the techniques allegedly used in the past, waterboarding, was prohibited under the new law.” The American Civil Liberties Union (ACLU) calls the 2005 memo and other Justice Department memos authorizing torture “cynical attempt[s] to shield interrogators from criminal liability and to perpetuate the administration’s unlawful interrogation practices.” House Democrats want Steven Bradbury, the acting head of the Justice Department’s Office of Legal Counsel (OLC), to “be made available for prompt committee hearings.” Senator Barack Obama (D-IL), a presidential candidate, says: “The secret authorization of brutal interrogations is an outrageous betrayal of our core values, and a grave danger to our security. We must do whatever it takes to track down and capture or kill terrorists, but torture is not a part of the answer—it is a fundamental part of the problem with this administration’s approach.” Perino does not comment on another secret memo that apparently concluded all of the CIA’s torture methodologies were legal (see Late 2005). [Associated Press, 10/4/2007]

Entity Tags: Brian Roehrkasse, American Civil Liberties Union, Alberto R. Gonzales, Barack Obama, US Department of Justice, Steven Bradbury, Dana Perino, Bush administration (43), Office of Legal Counsel (DOJ), John McCain

Timeline Tags: Torture of US Captives

NBC correspondent Howard Fineman says that the US intelligence community will release “three different reports” in upcoming weeks to “slow down” the administration’s push for war with Iran. Fineman says, “The intelligence community over the next few months is going to come out with three different reports on Iran about internal political problems of Iran, about the economy, and about their nuclear capability. Those are going to be key to decide what the Bush administration is going to do, and it’s the intelligence community I think trying to slow down what the president, most particularly the vice president, want to do in Iran.” [MSNBC, 10/7/2007] In fact, the intelligence community will release a National Intelligence Estimate in December that concludes Iran stopped working on a nuclear weapon in 2003, and is not a danger of having a nuclear weapon until at least 2013 (see December 3, 2007).

Entity Tags: Howard Fineman, Bush administration (43)

Timeline Tags: US confrontation with Iran

CIA Director Michael Hayden orders an unusual internal investigation of the agency’s Office of the Inspector General (OIG), the press will later learn. The OIG, led by Inspector General John Helgerson, has conducted aggressive investigations of the CIA’s detention and interrogation programs (see May 7, 2004). Current and former government officials say that Hayden’s probe has created anxiety and anger in the OIG, and has sparked questions in Congress of possible conflicts of interest. The review is focusing on complaints that the OIG has not been, as the New York Times reports, a “fair and impartial judge of agency operations,” but instead has “begun a crusade against those who have participated in controversial detention programs.” Some current and former officials say that such a probe threatens to undermine the independence of the office. Former CIA Inspector General Frederick Hitz, who served from 1990 through 1998, says any move by Hayden to conduct a probe into the OIG would “not be proper.” Hitz calls it “a terrible idea,” and adds: “Under the statute, the inspector general has the right to investigate the director. How can you do that and have the director turn around and investigate the IG?” A CIA spokesman says Hayden’s only motive is “to help this office, like any office at the agency, do its vital work even better.” The investigation is being overseen by Robert Deitz, a trusted aide to Hayden who served with him when he ran the National Security Agency. Another member of the investigating group is Associate Deputy Director Michael Morrell. Under the law, the proper procedure for Hayden would be to file complaints with the Integrity Committee of the President’s Council on Integrity and Efficiency, which oversees all the inspectors general, or to go directly to the White House. For an internal inquiry to be launched against an agency’s OIG by the agency head violates the independence and the position of the OIG. Critics say that the timing of Hayden’s investigation is more than coincidental, as Helgerson’s office is readying a number of reports on CIA detention, interrogation, and rendition practices. [New York Times, 10/11/2007]

Entity Tags: John Helgerson, Central Intelligence Agency, Bush administration (43), Frederick Hitz, President’s Council on Integrity and Efficiency, Robert Deitz, Michael Morrell, Michael Hayden, Office of the Inspector General (CIA), New York Times

Timeline Tags: Torture of US Captives

Qwest logo.Qwest logo. [Source: Qwest]Former Qwest CEO Joe Nacchio, who refused to accede to Bush administration demands that he participate in the warrantless wiretapping of US citizens (see February 2001 and Beyond), says in court documents released today that the NSA retaliated against Qwest by withdrawing a large government contract from the firm. Nacchio was convicted on 19 counts of insider trading, and was unable to mount the defense he wanted because the information he tried to present to the court was classified. He is appealing the verdict. The documents released today make up part of that defense. The documents indicate that the NSA was discussing a secret and possibly illegal surveillance operation against Americans as far back as February 2001—months before the 9/11 attacks, which Bush officials have used to justify wiretapping Americans without court warrants. Although the legal filings are heavily redacted for public consumption, they reveal, among other things, a February 27, 2001 meeting between Nacchio and NSA officials to discuss an infrastructure project and another, classified topic that may be regarding the NSA’s illegal wiretapping of US citizens (see February 27, 2001). After the discussion, in which Nacchio refuses to participate in the operation, the NSA withdrew its “Groundbreaker” contract from consideration for Qwest. Nacchio and an associate “went into that meeting expecting to talk about the ‘Groundbreaker’ project and came out of the meeting with optimism about the prospect for 2001 revenues from NSA,” Stern writes, “[T]he Court has prohibited Mr. Nacchio from eliciting testimony regarding what also occurred at that meeting, [redacted].… The Court has also refused to allow Mr. Nacchio to demonstrate that the agency retaliated for this refusal by denying the Groundbreaker and perhaps other work to Qwest.” Nacchio was convicted for not warning investors that Qwest’s stock would drop before he sold off his own stock; Nacchio contends that he believed the secret NSA contracts would come through and bolster his former firm’s stock price. [Raw Story, 10/12/2007; Marketwatch, 10/13/2007]
Qwest's No-Bid Contracts - On May 25, 2007, Judge Edward Nottingham wrote that, according to Nacchio, “Qwest entered into two classified contracts valued at hundreds of millions of dollars, without a competitive bidding process and that in 2000 and 2001, he participated in discussion with high-ranking [redacted] representatives concerning the possibility of awarding additional contracts of a similar nature.… Those discussions led him to believe that [redacted] would award Qwest contracts valued at amounts that would more than offset the negative warnings he was receiving about Qwest’s financial prospects.” [Washington Post, 10/13/2007]
'Quid Pro Quo' - The Electronic Frontier Foundation’s Hugh D’Andrade writes, “It appears that the NSA’s requests for cooperation came with an implied quid pro quo—give us your customer’s calling records and we will reward you with generous contracts worth millions. It is beginning to look like the telecoms were motivated by something other than ‘patriotism’ after all.” [Electronic Frontier Foundation, 10/17/2007]
'Never-Ending Carousel' - And Salon’s Glenn Greenwald, himself a former Constitutional law and civil rights litigator, writes, “The cooperation between the various military/intelligence branches of the federal government—particularly the Pentagon and the NSA—and the private telecommunications corporations is extraordinary and endless. They really are, in every respect, virtually indistinguishable. The federal government has its hands dug deeply into the entire ostensibly ‘private’ telecommunications infrastructure and, in return, the nation’s telecoms are recipients of enormous amounts of revenues by virtue of turning themselves into branches of the federal government. There simply is no separation between these corporations and the military and intelligence agencies of the federal government. They meet and plan and agree so frequently, and at such high levels, that they practically form a consortium.” Greenwald calls it “a never-ending carousel of multi-billion dollar transactions—pursuant to which enormous sums of taxpayer money are transferred to these telecoms in exchange for the telecoms serving as obedient divisions of the government, giving them unfettered access to all of the data and content of the communications of American citizens.” [Salon, 10/15/2007]

Entity Tags: National Security Agency, Qwest, Joe Nacchio, US Department of Defense, Hugh D’Andrade, Herbert Stern, Glenn Greenwald, Bush administration (43), American Civil Liberties Union, Electronic Frontier Foundation, Edward Nottingham, AT&T

Timeline Tags: Civil Liberties

Dissent among CIA personnel, brewing for well over a year (see April 19, 2006), has become even more intense in recent months, according to reporter Ken Silverstein. Some CIA employees, increasingly disgusted with the Bush administration’s torture and rendition policies, have taken their complaints directly to Inspector General (IG) John Helgerson. In response, CIA Director Michael Hayden has launched an internal inquiry into Helgerson’s office (see Before October 11, 2007). Silverstein reports that on top of internal dissent and complaints to Helgerson’s office, a former senior legal official quit in protest over the administration’s torture policies. Silverstein is not at liberty to reveal the name of the official, but says he worked as a deputy inspector general under former IG Frederick Hitz, who left the position in 1998, and after that worked in the CIA’s office of general counsel. Silverstein says the official had the reputation of being a “hardliner” on terrorism and prisoner interrogations. According to Silverstein, “sources tell me he couldn’t stomach what he deemed to be abuses by the Bush administration and stepped down from his post.” [Harper's, 10/12/2007]

Entity Tags: Ken Silverstein, Bush administration (43), Central Intelligence Agency

Timeline Tags: Torture of US Captives

Part of the White House’s $196 billion emergency funding request for the wars in Iraq and Afghanistan is $88 million for modifying B-2 stealth bombers to carry “Massive Ordnance Penetrator,” or bunker-busting, bombs. Many both in and out of government believe that the order has nothing to do with Iraq or Afghanistan, but is part of the Bush administration’s plans for attacking Iran. The 30,000-pound bombs, called MOPs, are the largest conventional bombs in the military’s arsenal, designed to penetrate up to 200 feet underground before exploding. The only explanation given in the White House’s budget request is that it comes in response to “an urgent operational need from theater commanders.” But no one at the Pentagon or the US Central Command has, so far, been able or willing to identify that need. Military experts say that there is no need for MOPs in Iraq. They could potentially be useful in Afghanistan to destroy Taliban or al-Qaeda hideouts in the mountainous, cave-riddled border area of Afghanistan and Pakistan, but there is no need to use stealth bombers to deploy such weapons. But MOPs are ideal for a strike at Iraq’s heavily fortified, deeply buried nuclear facility in Natanz. John Pike of Globalsecurity.org says, “You’d use it on Natanz. And you’d use it on a stealth bomber because you want it to be a surprise. And you put in an emergency funding request because you want to bomb quickly.” Pike says he does not fully understand the rationale behind the public funding request. “It’s kind of strange,” he says. “It sends a signal that you are preparing to bomb Iran, and if you were actually going to bomb Iran I wouldn’t think you would want to announce it like that.” [ABC News, 10/24/2007] The request for the bomber modifications comes simultaneously with one of Vice President Dick Cheney’s most belligerent challenges towards Iran (see October 21, 2007).

Entity Tags: John Pike, Bush administration (43), Globalsecurity.org, US Central Command, US Department of Defense, Richard (“Dick”) Cheney

Timeline Tags: US confrontation with Iran

In a setback for the Justice Department, a mistrial is declared in the government’s attempted prosecution of the Holy Land Foundation for Relief and Development (see 1989), a now-defunct Muslim charity that the government accused of sponsoring terrorism back in 2001. The mistrial was not the first verdict sent down; the judge originally announced a near-complete acquittal of Holy Land’s top officials on terrorist financing charges. However, three jurors stated in court that the verdict was incorrect, the judge sent the jury back into chambers for further deliberations. A mistrial of four Holy Land officials is declared after the jury declares itself locked, and a fifth official is declared innocent of all but one charge, where the jury again finds itself unable to render a verdict. The mistrials and acquittals are a blow to the Justice Department and the White House, both of which have billed the prosecution of Holy Land as the best efforts in years to secure a clear victory against terrorism. “It’s a major loss for the government,” says law professor Jonathan Turley, who has himself represented alleged terrorist financiers against the Justice Department. The case was never as solid as it was presented by government officials. In 2001, after Holy Land was declared a terrorist sponsor by the Bush administration and its funds were frozen (see February 19, 2000 and December 4, 2001), civil libertarians called the government’s definition of sponsorship of terrorism overly broad, and Holy Land fought back in court. In 2004, the government indicted Holy Land and its top leaders, leveling accusations that the charity and its officials had funnelled $12 million to the terrorist group Hamas through secondary charities (see October 1994-2001, May 12, 2000-December 9, 2004 and December 18, 2002-April 2005). A summary of wiretapped conversations between charity officials contained inflammatory anti-Semitic statements, which bolstered the government’s case in the public eye, but when the actual transcripts were examined, no such anti-Semitic statements could be found. And the government’s strategy of adding a long list of “unindicted co-conspirators” to its allegations against Holy Land, a list which includes many prominent Muslim organizations still legally operating inside the US, has caused many to accuse the government of conducting a smear campaign (see December 3-14, 2001 and August 21, 2004). While the Justice Department may well retry the case, the verdict, which seems to favor the defendants, “doesn’t bode well for the government’s prosecution” of this and other similar cases, says export controls lawyer Judith Lee. [US News and World Report, 10/22/2007]

Entity Tags: US Department of Justice, Jonathan Turley, Hamas, Judith Lee, Holy Land Foundation for Relief and Development, Bush administration (43)

Timeline Tags: Complete 911 Timeline

Bob Drogin.Bob Drogin. [Source: CBS News]Reporter Bob Drogin, discussing his new book Curveball: Spies, Lies and the Con Man Who Caused a War, reflects on the opposing views surrounding the Bush administration’s decision to invade Iraq based on misinformed and sometimes fraudulent information about Iraq’s supposed WMD programs. The Bush administration has repeatedly blamed its erroneous claims of Iraqi WMDs on “bad intelligence,” and administration critics have stated that Bush officials “manipulated” and “cherry-picked” the intelligence they wanted to justify their push for war, and ignored the rest. Drogin says that both descriptions are accurate. “I don’t see that as an either-or proposition. Both happened,” he says. “The White House clearly manipulated information to make its case for war. It exaggerated the supposed link between Saddam [Hussein] and 9/11, for example, going far beyond what the CIA believed.… [T]he White House didn’t need to ‘cherry pick’ intelligence on Saddam’s WMD because the CIA stuff was all wrong. And it flowed into the White House by the truckload. Go back and read [Colin] Powell’s 2003 UN speech, or the 2002 National Intelligence Estimate on Iraq, the so-called gold standard of the US intelligence community. Virtually every sentence is wrong. That was the official view. It gave them the pretext for war.… I wanted to understand how an intelligence system that spends about $50 billion a year could produce the worst intelligence disaster in our history. The cascade of mistakes in the Curveball case is a big part of the answer.” He continues, “It was like witchcraft—the failure to find proof [of WMDs] was considered proof itself. So it became ‘not only does he have them, but look at how good he is at hiding them.’ So the threat was even greater. Our fears blinded us, I think—and the politicians used that to engender a state of national concern.” Drogin puts much of the blame, not on the media for conflating the story into a “crisis,” but on Congress for not standing up and demanding real answers and real proof. “I mean, I was in Washington and there was no debate. Democrats were running absolutely scared, running with their tails between their legs and the Republicans all lined up behind Bush. And the press can only do so much—in the end, I’m a reporter and I can’t prove a negative. I’m not going to go out and say he doesn’t have weapons, I don’t see the intelligence, I don’t know… [I]f members of Congress had fought that battle then it would have been covered and the debate would have been there. There’s only so much you can do as a reporter to create a debate.” [Alternet, 10/22/2007]

Entity Tags: ’Curveball’, Bob Drogin, Bush administration (43), George W. Bush, Colin Powell, Saddam Hussein, Los Angeles Times

Timeline Tags: Events Leading to Iraq Invasion

Administration of Torture book cover.Administration of Torture book cover. [Source: Public domain]American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. [American Civil Liberties Union, 10/22/2007] “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. [Raw Story, 10/22/2007] The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
bullet The book presents a number of damning claims, all backed by extensive documentation, including the following: [American Civil Liberties Union, 10/22/2007]
bullet General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees [BBC, 10/16/2002] , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
bullet Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
bullet Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
bullet FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
bullet Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
bullet Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
bullet The Defense Department held prisoners as young as 12 years old.
bullet The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. [American Civil Liberties Union, 10/22/2007]

Entity Tags: US Department of Defense, Rick Baccus, Mohamed al-Khatani, Michael E. Dunlavey, Geoffrey D. Miller, George W. Bush, American Civil Liberties Union, Jameel Jaffer, Amrit Singh, Donald Rumsfeld, Bush administration (43), Federal Bureau of Investigation

Timeline Tags: Torture of US Captives, Civil Liberties

US officials hail a marked drop in casualties in Iraq in recent weeks. One major reason for the drop seems to be the recent decision by Moqtada al-Sadr’s Mahdi Army to observe a six-month ceasefire (see August 30, 2007), but Pentagon and White House officials instead credit it to the recent “surge” of US troops into the country (see January 10, 2007), and do not mention the ceasefire at all.
Number of Explosively Formed Projectiles Decreasing - The number of deadly explosively formed projectiles (EFPs) coming into the country seems to be dropping as well, with 99 being detonated or found in July 2007 and 53 in October, according to Lieutenant General Raymond Odierno, the commander of day-to-day military operations in Iraq. Al-Sadr’s Mahdi Army has been alleged to be a major recipient and user of EFPs. Defense Secretary Robert Gates will not yet declare “victory” in Iraq, saying that use of terms like “victory” or “winning” are “loaded words.” However, Gates says: “We have been very successful. We need to continue being successful.” Iran has promised to help curtail the flow of EFPs into Iraq; some believe that Iran is the source of most EFPs used in Iraq, and some US officials do not yet believe the Iranians. Odierno says: “In terms of Iran… it’s unclear yet to me whether they have slowed down bringing in weapons and supporting the insurgency or not. I’ll still wait and see.” [Washington Post, 11/2/2007]
Bush, Others Claim Surge a Success - President George Bush says the strategy is successful; at Fort Jackson, SC, he says, “Slowly but surely, the people of Iraq are reclaiming a normal society.” White House national security spokesman Gordon Johndroe adds, “The purpose of the strategy is to make the lull a trend,” and says the trend suggests “steady forward movement on the security front.” [Los Angeles Times, 11/3/2007] Presidential candidate and senator John McCain (R-AZ), an advocate of increasing the US presence in Iraq, says that the US is experiencing “astonishing success” in Iraq because of the surge: “Things are dramatically better, particularly since Gen. Petraeus went before the Congress of the United States and Americans had a chance to see what a great and dynamic leader he is.” [USA Today, 11/1/2007] The London Times agrees, writing, “[O]n every relevant measure, the shape of the Petraeus curve is profoundly encouraging.” The Times goes even further, avowing: “As the pace of reconstruction quickens, the prospects for economic recovery will be enhanced yet further. With oil at record high prices, Iraq should be an extremely prosperous nation and in a position to start planning for its future with confidence.” The editors dismiss the opposition to the war by British and American politicians alike as “outdated.” [London Times, 11/3/2007]

Entity Tags: Robert M. Gates, Raymond Odierno, London Times, Mahdi Army, Bush administration (43), David Petraeus, John McCain, Moqtada al-Sadr, US Department of Defense

Timeline Tags: Iraq under US Occupation

Rafid Ahmed Alwan.Rafid Ahmed Alwan. [Source: CBS News]CBS News reveals the identity of the infamous Iraqi defector, “Curveball,” whose information was used by the Bush administration to build its case for Iraqi biological weapons. Curveball’s real identity is Rafid Ahmed Alwan, an Iraqi who defected to Germany in November 1999, where he requested asylum at a refugee center near Nuremberg (see November 1999). The evidence Curveball provided was detailed, compelling, and completely false, but instrumental in driving the US towards invading Iraq. Former senior CIA official Tyler Drumheller, who was unable to convince either his superiors in the agency or senior officials in the White House that Curveball was untrustworthy (see September 2002), says of Curveball’s contribution to the rhetoric of war, “If they [the Bush administration] had not had Curveball they would have probably found something else. ‘Cause there was a great determination to do it. But going to war in Iraq, under the circumstances we did, Curveball was the absolutely essential case.” CBS reporter Bob Simon says Curveball is “not only a liar, but also a thief and a poor student instead of the chemical engineering whiz he claimed to be.” The CIA eventually acknowledged Alwan as a fraud. The question remains, why did he spin such an elaborate tale? Drumheller thinks it was for the most prosaic of reasons. “It was a guy trying to get his Green Card, essentially, in Germany, playing the system for what it was worth. It just shows sort of the law of unintended consequences.” Alwan is believed to be still living in Germany, most likely under an assumed name. [CBS News, 11/4/2007]

Entity Tags: Bundesnachrichtendienst, Bob Simon, Tyler Drumheller, CBS News, ’Curveball’, Bush administration (43)

Timeline Tags: Events Leading to Iraq Invasion

While the Bush administration claims that Iran is risking “World War III” by continuing to pursue nuclear weapons (see October 20, 2007), an array of experts inside and outside the government quoted in a McClatchy News article say that there is no conclusive evidence that Iran is actively pursuing such weapons. The story, and the alleged facts, change depending on which administration official is doing the speaking. President Bush and Vice President Cheney use harsh, bellicose rhetoric reminiscent of the rhetoric used in the run-up to the March 2003 invasion of Iraq, but others, such as Bush’s “point man” on Iran, Undersecretary of State Nicholas Burns, is attempting to tone down the rhetoric. Burns recently told reporters, “Iran is seeking a nuclear capability… that some people fear might lead to a nuclear-weapons capability.” Another US official says more directly, “I don’t think that anyone right today thinks [Iran is] working on a bomb.” Iran has the capability to continue working on producing a nuclear weapon, experts note, and could transform its current uranium-enrichment program into a weapons program if it so desired. But as of now, US experts have an amalgamation of circumstantial evidence and supposition, and no real proof; reporter Jonathan Landay observes, “Bush’s rhetoric seems hyperbolic compared with the measured statements by his senior aides and outside experts.” The UN’s International Atomic Energy Agency agrees. With four years of inspections of Iran’s nuclear energy program behind it, the IAEA says it has no information that would show Iran has an active nuclear weapons program. The circumstantial evidence that leads some to assert the reality of Iran’s active nuclear weapons program is extensive, but not always solid. In 2006, the CIA gave the IAEA thousands of pages of computer simulations and documents that it claimed it took from a defector’s laptop; those documents showed that Iranian experts were working on mounting a nuclear warhead on a ballistic missile, and working on developing nuclear “triggers,” or detonators. The CIA calls all of this Project 111. The Iranians denounced the materials as “politically motivated and baseless,” and have promised to cooperate with an IAEA investigation into the matter. Many Western intelligence officials and outside experts believe the materials are genuine—“I wouldn’t go to war over this, but it’s reason for suspicion,” says one—but Dr. Muhammad Sahimi, an Iranian defector who has closely monitored Iran’s nuclear program for decades, dismisses the materials as “totally not believable,” observing, “If the laptop did exist, I find it hard to believe that its absence wasn’t noticed for so long that somebody could take it out of Iran.” The IAEA has other questions as well, including a document from the nuclear black-market program of Dr. A. Q. Khan that shows how to form uranium into explosive cores, Iran’s experiments with radioactive materials used primarily in nuclear warheads, Iranian involvement with a uranium mine, and Iran’s claim that it needs large amounts of nuclear energy to feed its energy needs when it sits on such large reserves of oil and gas. Sahimi answers this last point by noting Iran would, in his opinion, do better to sell its petroleum on the global market and rely on nuclear energy for its own needs. [McClatchy News, 11/4/2007] A month after this article is published, the administration will release an intelligence report that concludes Iran stopped work on nuclear weapons in 2003 (see December 3, 2007).

Entity Tags: International Atomic Energy Agency, Bush administration (43), Abdul Qadeer Khan, Central Intelligence Agency, Jonathan Landay, George W. Bush, Richard (“Dick”) Cheney, Nicholas Burns, Muhammad Sahimi

Timeline Tags: US confrontation with Iran

Senator Russell Feingold (D-WI), a member of the Senate Judiciary Committee, breaches the rule of secrecy in revealing information about classified briefings to object to what he says are mischaracterizations of his and other Congressional lawmakers’ support for the administration’s use of “enhanced interrogation techniques” against terror suspects. In a statement on the floor of the Senate opposing the nomination of Judge Michael Mukasey to become Attorney General (see November 8, 2007), Feingold says, “Last week the White House press secretary again implied the members of Congress who have been briefed in the CIA’s interrogation program have approved it or consented to it. That is not the case. I have vigorously opposed the program and continue to do so. The program is of highly questionable legality, it is inconsistent with our values as a nation, and it does not make our nation any safer. In fact, I believe it may have the effect of exposing Americans, including other US personnel, to greater risk.” Feingold and other lawmakers are bound not to reveal the nature of such classified briefings, or even that they participated in them. Feingold reveals his own participation in some of the briefings because he believes that the administration is taking advantage of that secrecy restriction to “spin” the issue as regards the members’ reactions and levels of support. Feingold continues, “I have detailed the reasons for my strong objections to the CIA’s program in classified correspondence sent very shortly after I was first briefed on it (see May 1-10, 2007). More recently I’ve stated my opposition publicly, although I am prohibited by classification rules from providing further details about my concerns in a public setting.” Feingold calls one of the most notorious techniques employed by the CIA, waterboarding, “barbaric,” notes that it “has been used by some of the most evil regimes in history” and “has been considered torture in this country for over a century,” and asks, “If Judge Mukasey won’t say the simple truth—that this barbaric practice is torture—how can we count on him to stand up to the White House on other issues?” [US Senate, 11/7/2007; Washington Post, 12/9/2007]

Entity Tags: Central Intelligence Agency, Bush administration (43), Senate Judiciary Committee, Russell D. Feingold, Michael Mukasey

Timeline Tags: Torture of US Captives

Room 641A, the NSA’s secret room at AT&T’s Folsom Street facility.Room 641A, the NSA’s secret room at AT&T’s Folsom Street facility. [Source: Wired]Former AT&T network technician Mark Klein (see December 15-31, 2005 and July 7, 2009) gives a press conference with the Electronic Frontier Foundation (EFF) in Washington, DC, in an effort to lobby Congress and prevent an immunity bill for the telecoms from passing. The next day, Klein appears in the audience during a Senate Judiciary Committee meeting as part of his lobbying effort in Washington to reveal his knowledge of a secret NSA electronic surveillance operation at AT&T’s San Francisco operations center (see January 2003). The NSA has monitored an enormous volume of telephone and Internet traffic through this secret operation. “I have first-hand knowledge of the clandestine collaboration between one giant telecommunications company, AT&T, and the National Security Agency to facilitate the most comprehensive illegal domestic spying program in history,” Klein tells reporters. “I think they committed a massive violation not only of the law but of the Constitution. That’s not the way the Fourth Amendment is supposed to work.” [New York Times, 11/6/2007; BetaNews, 11/8/2007; Democracy Now!, 7/7/2008] Klein states his four main points of information: that AT&T provided the NSA with all varieties of electronic communications, from telephone conversations to emails, text messages, Web browsing activities, and more; AT&T provided the NSA with billions of purely domestic communications; the program involved everyone using the Internet and not just AT&T customers, because of the interconnected nature of the Internet; and AT&T had 15 to 20 NSA “spy rooms” in facilities across the nation. Brian Reid, a telecommunications and data networking expert who served as one of the New York Times’s experts on the NSA allegations (see April 12, 2006), appears with Klein at the press conference. Reid told Klein in the days before the conference, “My job is to make people believe you.” Reid tells reporters, “The most likely use of this [AT&T/NSA] infrastructure is wholesale, untargeted surveillance of ordinary Americans at the behest of the NSA.” Hours after the press conference, Klein appears as a guest on MSNBC’s political talk show Countdown, where host Keith Olbermann asks him if his experience “felt like finding yourself in a scene from the sci-fi flick Invasion of the Body Snatchers—did it have that sort of horror quality to it?” Klein replies, “My thought was George Orwell’s 1984 and here I am being forced to connect the Big Brother machine.” [Klein, 2009, pp. 93-100]
Key Witness - Klein is a key witness in the lawsuit against AT&T by the EFF (see January 31, 2006 and Early January 2006). He is offering to testify against efforts by the Bush administration and its Congressional Republican allies to amend the Foreign Intelligence Surveillance Act to grant immunity to telecom companies like AT&T from prosecution for surveillance acts. Such an immunity grant would likely result in the dismissal of such lawsuits. But no committee of Congress invites him to testify. [New York Times, 11/6/2007; BetaNews, 11/8/2007; Democracy Now!, 7/7/2008]
NSA Secure Room - Part of Klein’s information is from a deposition that was entered into evidence in the lawsuit, and is now made available to individual members of Congress (see February 23-28, 2006, June 26, 2006, and June 13, 2007). Klein relates that during a tour of the AT&T-controlled floors of the Folsom Street facility of what was then SBC Communications, he saw Room 641A, categorized as the “SG3Secure Room” (see October 2003 and Late 2003). That fall, when he was hired to work at the facility, he saw an NSA agent who came to interview a field support specialist for clearance to be able to work in the Secure Room. “To my knowledge, only employees cleared by the NSA were permitted to enter the SG3 Secure Room,” Klein says. “To gain entry to the SG3 Secure Room required both a physical key for the cylinder lock and a combination code number to be entered into an electronic keypad on the door. To my knowledge, only [two field support specialists] had both the key and the combination code.” Klein installed new circuits to a fiber-optic “splitter cabinet” that had only one purpose: to duplicate Internet traffic from WorldNet’s service into SG3, thereby allowing the NSA access to all traffic on that circuit. “What I saw is that everything’s flowing across the Internet to this government-controlled room,” he now says. [New York Times, 11/6/2007; BetaNews, 11/8/2007]
EFF Lobbyists - The EFF secures the services of two professional lobbyists, Adam Eisgrau and former Congressman Thomas Downey (D-NY), who escort Klein and EFF officials Cindy Cohn and Kevin Bankston around Capitol Hill during the two-day period. EFF also works with a professional media company to prepare the media for the November 7 press conference. After the conference, Klein is introduced to a number of Democratic lawmakers, though he says only a few are truly interested in his evidence; he names Senator Barbara Boxer (D-CA) and Representative Rush Holt (D-NJ), a former physicist who had actually worked with some of the technology Klein cites in his statements, as two of those willing to give him more than a handshake and a quick photo opportunity. Klein later regrets being unable to meet with Senator Christopher Dodd (D-CT), whom he considers to be one of the few real champions of civil liberties in Congress. Dodd cited Klein’s evidence, and Klein by name, in his unsuccessful filibuster of the FISA amendment bill (see July 10, 2008). [Klein, 2009, pp. 91-95] The lobbyists are able to gain access for Klein to the Congressional hearings. Some media outlets later report, mistakenly, that Klein actually testifies before the panel. [Klein, 2009, pp. 100-101]

Entity Tags: Foreign Intelligence Surveillance Act, Electronic Frontier Foundation, AT&T, Mark Klein, Bush administration (43), Senate Judiciary Committee

Timeline Tags: Civil Liberties

“Suitcase nukes”—nuclear weapons that can fit inside a suitcase or duffel bag and be planted in buildings or football stadiums with relative ease—may be a staple of Hollywood movies, television shows such as Fox’s 24, and thriller novels, but in reality do not exist, says Vahid Majidi, the assistant director of the FBI’s Weapons of Mass Destruction Directorate. Nevertheless, the idea is so prevalent in the American conscious that the Federal Emergency Management Agency has issued warnings about “threats” from such devices, warnings repeated on the White House’s Web site (see May 2006). Officials such as Majidi say that any such device would be highly complex to produce, require significant upkeep and cost a small fortune. Majidi and other counterproliferation officials do not believe such a threat remains today. “The suitcase nuke is an exciting topic that really lends itself to movies,” Majidi says, but “No one has been able to truly identify the existence of these devices.” The real threat, say Majidi and other officials, is from less deadly and sophisticated devices assembled from stolen or black-market nuclear material. But governmental sources have played up the threat. Senator Byron Dorgan (D-ND) once said in a hearing, “Perhaps the most likely threat is from a suitcase nuclear weapon in a rusty car on a dock in New York City.” And former representative Curt Weldon (R-PA) was known for carrying around a mock-up of a suitcase nuke made out of a briefcase, foil, and a pipe.
Origin of story - The story took hold in the public mind in the 1960s, based on information from Soviet defectors. The information leaked to the media, but no US officials ever actually saw such a Soviet-made suitcase device. In the late 1950s and early 1960s, the US constructed a “backpack nuke,” called a Special Atomic Demolition Munition, to be used by two-man teams to destroy dams, tunnels, or bridges. These devices now only exist in museums. In 1997, retired general Alexander Lebed, the former national security chief of Russia, told reporters that Chechen rebels had portable nuclear devices. However, his story changed radically over time and Russian government officials said it was inaccurate, and he may have been misled by training mock-ups. Russian defector and former intelligence officer Stanislav Lunev wrote in 1998 that Russian agents had suitcase nukes inside the US in preparation for some future conflict. He testified before Congress, but never gave any specific information about such devices.
Technical problems - Colonel-General Viktor Yesin, former head of the Russian strategic rocket troops, said in 2004 that such suitcase nukes would be too expensive for most countries to produce and would not last more than several months because the nuclear core would decompose quickly. Laura Holgate of the Nuclear Threat Initiative says the biggest threat is from a terrorist cell that uses stolen nuclear material to improvise a device. Such a device would be, at its smallest, “[l]ike SUV-sized. Way bigger than a suitcase.” [Associated Press, 11/10/2007]

Entity Tags: Curt Weldon, Byron L. Dorgan, Alexander Lebed, Viktor Yesin, Vahid Majidi, Weapons of Mass Destruction Directorate, Bush administration (43), Federal Bureau of Investigation, Federal Emergency Management Agency, Stanislav Lunev, Nuclear Threat Initiative, Laura Holgate

Timeline Tags: Complete 911 Timeline

In a blistering editorial, the New York Times lambasts both the Bush administration and the Democratic leadership in the Senate for allowing Michael Mukasey, the new attorney general, to slide through the confirmation process with so little challenge (see November 8, 2007). The only thing left in the Senate’s traditional responsibility of “advice and consent” is the “consent” part, the editors write. The editorial continues: “Once upon a time, the confirmation of major presidential appointments played out on several levels—starting, of course, with politics. It was assumed that a president would choose like-minded people as cabinet members and for other jobs requiring Senate approval. There was a presumption that he should be allowed his choices, all other things being equal. Before George W. Bush’s presidency, those other things actually counted. Was the nominee truly qualified, with a professional background worthy of the job? Would he discharge his duties fairly and honorably, upholding his oath to protect the Constitution? Even though [he or] she answers to the president, would the nominee represent all Americans? Would he or she respect the power of Congress to supervise the executive branch, and the power of the courts to enforce the rule of law? In less than seven years, Mr. Bush has managed to boil that list down to its least common denominator: the president should get his choices.” The Times observes that in the first six years of Bush’s rule, he had an enthusiastically compliant set of Republican allies in Congress, but during that time, minority Democrats “did almost nothing… to demand better nominees than Mr. Bush was sending up. And now that they have attained the majority, they are not doing any better.” The editors focus particularly on two issues: Mukasey’s refusal to answer straightforward questions on whether waterboarding is torture, and the Democrats’ refusal to filibuster the Senate vote. The Times notes that Mukasey passed confirmation with a 53-40 vote. Democrats have made what the Times calls “excuses for their sorry record” on a host of issues, and first and foremost is the justification that it takes 60 votes to break a filibuster. “So why did Mr. Mukasey get by with only 53 votes?” the Times asks. “Given the success the Republicans have had in blocking action when the Democrats cannot muster 60 votes, the main culprit appears to be the Democratic leadership, which seems uninterested in or incapable of standing up to Mr. Bush.” The editors do not accept the rationale of Mukasey supporters like Charles Schumer (D-NY), who argued that by not confirming Mukasey, the path would be clear for Bush to make an interim appointment of someone far more extreme. The Times calls this line of argument “cozy rationalization,” and by Mukasey’s refusal to answer questions about his position on waterboarding, he has already aligned himself with the extremist wing of the administration. For the record, the Times notes, “Waterboarding is specifically banned by the Army Field Manual, and it is plainly illegal under the federal Anti-Torture Act, federal assault statutes, the Detainee Treatment Act (see December 30, 2005), the Convention Against Torture (see October 21, 1994), and the Geneva Conventions.” Therefore, “[i]t is hard to see how any nominee worthy of the position of attorney general could fail to answer ‘yes.’” The Times speculates that Mukasey was not permitted to answer the question by the White House because a “no” answer “might subject federal officials who carried out Mr. Bush’s orders to abuse and torture prisoners after the 9/11 attacks: the right answer could have exposed them to criminal sanctions.” All in all, the Times is appalled by “the Senate giving the job of attorney general, chief law enforcement officer in the world’s oldest democracy, to a man who does not even have the integrity to take a stand against torture.” [New York Times, 11/11/2007]

Entity Tags: Michael Mukasey, New York Times, Geneva Conventions, Bush administration (43), Charles Schumer, George W. Bush, Convention Against Torture, Detainee Treatment Act

Timeline Tags: Civil Liberties

A federal appellate court bars an Islamic charity accused of assisting terrorists from using a US government document to prove that it had been illegally spied upon (see February 28, 2006). The charity, the now-defunct Al Haramain Islamic Foundation (see Late May, 2004), has been accused by the government and the UN Security Council of being affiliated with al-Qaeda; the charity’s officials deny the charges. In its finding, the three-judge panel rules in favor of the government’s argument that protecting “state secrets” (see March 9, 1953) is of overriding importance in the case. Other courts have ruled that the Bush administration can refuse to disclose information if “there is a reasonable danger” it would affect national security. Al Haramain’s lawyers argued that the document is necessary to prove that it was illegally monitored. According to the ruling, the judges accept “the need to defer to the executive on matters of foreign and national security and surely cannot legitimately find ourselves second-guessing the executive in this arena.”
Reaction Divided - Opinion is divided on the ruling. Constitutional law professor Erwin Chemerinsky of Duke University says the court’s deference to the “executive branch in situations like this [is] very troubling.” Another constitutional law professor, Douglas Kmiec of Pepperdine, says “the opinion is consistent with” an earlier ruling that struck down a challenge to the government’s surveillance program filed by the American Civil Liberties Union; Kmiec says the rulings indicate that “federal courts recognize that the essential aspects of the Terrorist Surveillance Program both remain secret and are important to preserve as such.”
Mixed Results - The appellate court does not give the government everything it asked for. It rejects the Justice Department’s argument that “the very subject matter of the litigation is a state secret.” That finding may prove important in the other surveillance cases where the government is arguing that even to consider legal challenges to warrantless wiretapping endangers national security. The appeals court sends the case back to a lower court to consider whether or not the Foreign Intelligence Surveillance Act, which requires approval by a special court for domestic surveillance, preempts the state secrets privilege. The court also severs the Al Haramain case from other, similar lawsuits challenging the government’s secret surveillance program. [Los Angeles Times, 11/17/2007]

Entity Tags: United Nations Security Council, US Department of Justice, Erwin Chemerinsky, Foreign Intelligence Surveillance Act, Al-Qaeda, Al Haramain Islamic Foundation (Oregon branch), Douglas Kmiec, Bush administration (43), Terrorist Surveillance Program

Timeline Tags: Civil Liberties

Journalist Seymour Hersh says that a new CIA assessment concludes, in his words, that “there’s no evidence Iran is doing anything that puts them close to a bomb. There’s no secret program of significant bomb making.” However, the White House is ignoring that assessment and still moving forward with plans to launch a military strike against Iran.
'Stovepiping' - Hersh says that President Bush and Vice President Cheney are “stovepiping” intelligence [funnelling selected intelligence directly to top officials] and keeping information provided by the Israelis hidden from the CIA. According to Hersh, the Israelis have informed White House officials that Israel has a reliable agent inside Iraq, and that agent reports that Iran is working on a trigger for a nuclear device (see November 2005). “[T]he CIA isn’t getting a good look at the Israeli intelligence. It’s the old word, stovepiping. It’s the President and the Vice President, it’s pretty much being kept in the White House. Of course the people in the CIA want to know who [the agent] is, obviously,” Hersh tells a reporter. “They certainly want to know what other evidence he has of actual making of a warhead. This is the internecine fight that’s going on—the same fight, by the way, that we had before Iraq.” The CIA has no way of verifying the Israeli intelligence claims, but in light of recent events with unverifiable evidence such as the “Curveball” debacle (see November 1999), that agency is understandably wary of such dramatic claims that contradict their own findings. [CNN, 11/19/2007]
Israeli Claims Unverifiable - A former senior intelligence official says of the Israeli’s claim: “The problem is that no one can verify it. We don’t know who the Israeli source is. The briefing says the Iranians are testing trigger mechanisms,” simulating a zero-yield nuclear explosion without any weapons-grade materials, “but there are no diagrams, no significant facts. Where is the test site? How often have they done it? How big is the warhead—a breadbox or a refrigerator? They don’t have that.” But the report is being used by the White House to “prove the White House’s theory that the Iranians are on track. And tests leave no radioactive track, which is why we can’t find it.” Another problem that evokes the “stovepiping” of pre-war Iraq intelligence is the fact that White House officials have asked the Israelis for the raw intelligence, the original, unanalyzed, and unvetted material. Similar requests were used to draw false conclusions about Iraq’s WMD program before the US invasion of that country. A Pentagon consultant says, “Many presidents in the past have done the same thing, but intelligence professionals are always aghast when presidents ask for stuff in the raw. They see it as asking a second grader to read Ulysses.[New Yorker, 11/27/2006]
Similar to Iraq Intelligence Problems - Former State Department intelligence expert Greg Thielmann noted in October 2003 that before the Iraq war, “garbage was being shoved straight to the President.” [New Yorker, 10/27/2003] Hersh suggests the same effect is happening now. [CNN, 11/19/2007]
White House Hostile to CIA Analysis - According to a current senior intelligence official, the White House is actively hostile to the CIA analysis, which is based on satellite imagery and other empirical evidence such as measurement of the radioactivity of water samples and highly classified radiation-detection devices surreptitiously placed near the Iranian nuclear facilities. Empirical data or not, the CIA analysis does not fit the White House’s needs, the intelligence official says. In its analysis, the CIA specifically warns that it would be a mistake to conclude that the failure to find a secret nuclear-weapons program in Iran is evidence that the Iranians are hiding it well. According to a former senior intelligence official, at the height of the Cold War, the Soviets were quite effective at deception and misdirection, but the US intelligence community was readily able to discern the details of their nuclear weapons and long-range missile programs. But, the former official says, many in the White House, particularly in Cheney’s office, are making just such an assumption: “the lack of evidence means they must have it.” [New Yorker, 11/27/2006]

Entity Tags: Seymour Hersh, George W. Bush, ’Curveball’, Central Intelligence Agency, Greg Thielmann, Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: US confrontation with Iran

President Bush and Karl Rove.President Bush and Karl Rove. [Source: New York Times]Former White House political adviser Karl Rove says that the Bush administration was opposed to holding the Congressional vote on authorizing force against Iraq before the 2002 midterm elections, a claim that is demonstrably false (see September 3, 2002 and September 24, 2002). “The administration was opposed to voting on it in the fall of 2002,” Rove says, adding that his forthcoming book will make the same claim. Talk show host Charlie Rose says, “But you were opposed to the vote.” Rove replies, “It happened. We don’t determine when the Congress vote on things. The Congress does.” [Think Progress, 11/21/2007]

Entity Tags: Karl C. Rove, Bush administration (43), Charlie Rose

Timeline Tags: Events Leading to Iraq Invasion

Scott McClellan.Scott McClellan. [Source: White House]Former White House press secretary Scott McClellan says he “passed along false information” at the behest of five top Bush administration officials—George W. Bush, Dick Cheney, Karl Rove, Lewis Libby, and Andrew Card—about the outing of CIA agent Valerie Plame Wilson during his time in the White House. McClellan is preparing to publish a book about his time in Washington, to be titled What Happened: Inside the Bush White House and What’s Wrong With Washington and available in April 2008. [Editor & Publisher, 11/20/2007] According to McClellan’s publisher Peter Osnos, McClellan doesn’t believe that Bush deliberately lied to him about Libby’s and Rove’s involvement in the leak. “He told him something that wasn’t true, but the president didn’t know it wasn’t true,” Osnos says. “The president told him what he thought to be the case.” [Bloomberg, 1/20/2007] Early in 2007, McClellan told reporters that everything he said at the time was based on information he and Bush “believed to be true at the time based on assurances that we were both given.” [Associated Press, 11/21/2007] In his book, McClellan writes: “Andy Card once remarked that he viewed the Washington media as just another ‘special interest’ that the White House had to deal with, much like the lobbyists or the trade associations. I found the remark stunning and telling.” [McClellan, 2008, pp. 155]
White House Denials; Outrage from Plame, Democrats - White House press secretary Dana Perino says it isn’t clear what McClellan is alleging, and says, “The president has not and would not ask his spokespeople to pass on false information,” adding that McClellan’s book excerpt is being taken “out of context.” Plame has a different view. “I am outraged to learn that former White House press secretary Scott McClellan confirms that he was sent out to lie to the press corps,” she says. Senator Charles Schumer (D-NY) adds, “If the Bush administration won’t even tell the truth to its official spokesman, how can the American people expect to be told the truth either?” [Bloomberg, 1/20/2007; Associated Press, 11/21/2007] Senator and presidential candidate Christopher Dodd (D-CT) calls for a Justice Department investigation into Bush’s role in the Plame outing, and for the new attorney general, Michael Mukasey, to lead the investigation. [Raw Story, 11/21/2007]
Alleged Criminal Conspiracy - Investigative reporter Robert Parry writes: “George W. Bush joined in what appears to have been a criminal cover-up to conceal the role of his White House in exposing the classified identity of covert CIA officer Valerie Plame Wilson. That is the logical conclusion one would draw from [McClellan’s book excerpt] when it is put into a mosaic with previously known evidence.” [Consortium News, 11/21/2007] Author and columnist John Nichols asks if McClellan will become the “John Dean of the Bush administration,” referring to the Nixon White House counsel who revealed the details of the crimes behind the Watergate scandal. Nichols writes: “It was Dean’s willingness to reveal the details of what [was] described as ‘a cancer’ on the Nixon presidency that served as a critical turning point in the struggle by a previous Congress to hold the 37th president to account. Now, McClellan has offered what any honest observer must recognize as the stuff of a similarly significant breakthrough.” Former Common Cause President Chellie Pingree says: “The president promised, way back in 2003, that anyone in his administration who took part in the leak of Plame’s name would be fired. He neglected to mention that, according to McClellan, he was one of those people. And needless to say, he didn’t fire himself. Instead, he fired no one, stonewalled the press and the federal prosecutor in charge of the case, and lied through his teeth.” [Nation, 1/21/2007]

Entity Tags: Peter Osnos, Public Affairs, Michael Mukasey, Scott McClellan, Robert Parry, Richard M. Nixon, Lewis (“Scooter”) Libby, Valerie Plame Wilson, Karl C. Rove, Richard (“Dick”) Cheney, John Nichols, Central Intelligence Agency, Andrew Card, Bush administration (43), Charles Schumer, Joseph C. Wilson, Christopher Dodd, George W. Bush, Dana Perino, Chellie Pingree

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

Joseph Wilson and his wife, Valerie Plame Wilson, jointly respond to former White House press secretary Scott McClellan’s revelation that he had unknowingly misled the public as part of a White House campaign of deception surrounding the “outing” of Plame Wilson, then an undercover CIA agent (see November 20, 2007). The Wilsons quote the words of former President George H. W. Bush in labeling the Bush administration officials they believe betrayed Plame’s identity—Lewis Libby, Karl Rove, Richard Armitage, and Ari Fleischer—as “the most insidious of traitors” (see April 26, 1999). McClellan’s naming of George W. Bush as being “involved” in orchestrating the campaign of deception makes Bush, they write, a “party to a conspiracy by senior administration officials to defraud the public.” The two continue: “If that isn’t a high crime and misdemeanor then we don’t know what is. And if the president was merely an unwitting accomplice, then who lied to him? What is he doing to punish the person who misled the president to abuse his office? And why is that person still working in the executive branch?”
Criticism of Mainstream Media - The Wilsons are particularly irate at the general failure of the mainstream media, with the exception of several MSNBC pundits and reporters, to pay much attention to McClellan, instead dismissing it as “old news.” The Wilsons write: “The Washington press corps, whose pretension is to report and interpret events objectively, has been compromised in this matter as evidence presented in the courtroom demonstrated. Prominent journalists acted as witting agents of Rove, Libby and Armitage and covered up this serious breach of US national security rather than doing their duty as journalists to report it to the public.” They quote one reporter asking if McClellan’s statement was not anything more than “another Wilson publicity stunt.” The Wilsons respond: “Try following this tortuous logic: Dick Cheney runs an operation involving senior White House officials designed to betray the identity of a covert CIA officer and the press responds by trying to prove that the Wilsons are publicity seekers. What ever happened to reporting the news? Welcome to Through the Looking Glass.” They conclude with the question, again using the elder Bush’s words: “Where is the outrage? Where is the ‘contempt and anger?’” [Huffington Post, 11/22/2007]

Entity Tags: Scott McClellan, Valerie Plame Wilson, Richard Armitage, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Central Intelligence Agency, Bush administration (43), Ari Fleischer, MSNBC, George Herbert Walker Bush, Joseph C. Wilson, George W. Bush, Karl C. Rove

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

President Bush signs the ‘Declaration of Principles’ as part of a teleconference with Prime Minister al-Maliki.President Bush signs the ‘Declaration of Principles’ as part of a teleconference with Prime Minister al-Maliki. [Source: White House]The White House issues a “Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America.” The “Declaration of Principles” is signed by both President George W. Bush and Prime Minister Nouri al-Maliki. According to the White House press release, the declaration will affirm the “long-term relationship [of] two fully sovereign and independent states with common interests… based on the heroic sacrifices made by the Iraqi people and the American people for the sake of a free, democratic, pluralistic, federal, and unified Iraq.” The principles, as enumerated by the White House, include the following:
bullet Supporting the Republic of Iraq in defending its democratic system against internal and external threats;
bullet Defending of the Iraqi constitution;
bullet “Providing security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters, or airspace”;
bullet Helping Iraq combat “all terrorist groups, at the forefront of which is al-Qaeda, Saddamists, and all other outlaw groups regardless of affiliation, and destroy[ing] their logistical networks and their sources of finance, and defeat[ing] and uproot[ing] them from Iraq”;
bullet Supporting and training the Iraq Security Force;
bullet Supporting efforts to achieve national reconciliation;
bullet Supporting Iraq’s attempts to “enhance its position in regional and international organizations and institutions so that it may play a positive and constructive role in the region and the world,” as well as assisting it in joining the World Trade Organization and achieving “most favored” trading status with the US;
bullet Helping Iraq achieve peaceful relations with its neighboring countries;
bullet Promoting “cultural, educational, and scientific exchanges between” Iraq and the US;
bullet Helping Iraq in its “transition to a market economy”;
bullet Building Iraq’s economic infrastructure and institutions;
bullet Encouraging foreign investment, “especially American investments, to contribute to the reconstruction and rebuilding of Iraq”;
bullet Helping Iraq recover funds and properties illegally hidden away by the family and associates of former dictator Saddam Hussein, “as well as antiquities and items of cultural heritage, smuggled before and after April 9, 2003” (see April 9, 2003);
bullet Helping Iraq secure “forgiveness of its debts and compensation for the wars waged by the former regime.”
The declaration states that Iraq will request a final extension of the UN-mandated Multi-National Force-Iraq (MNF-I); after that extension expires, Iraq’s UN status will revert to the levels enjoyed before August 1990’s UN Resolution 661 that determined the country was “a threat to international peace and security.” Iraq will, in the eyes of the UN, then enjoy “the full sovereignty of Iraq over its territories, waters, and airspace, and its control over its forces and the administration of its affairs.” The White House wants a formal agreement to this end signed by July 31, 2008. [White House, 11/26/2007]

Entity Tags: Nouri al-Maliki, George W. Bush, Bush administration (43), Al-Qaeda, United Nations, World Trade Organization

Timeline Tags: Iraq under US Occupation

Secretary of State Condoleezza Rice convenes a Middle East peace conference in Annapolis, Maryland. It is one of the few Bush administration attempts to address the Israeli-Palestinian conflict, and like the other attempts, the Annapolis conference will bear little fruit. Reflecting on the conference and on the Bush administration’s approach to the conflict in general, national security expert Anthony Cordesman will say: “In reality, a great deal of what Secretary Rice did seems to have been based as much on a search for visibility as any expectation of real progress. The fact was that you did not have to contend with [Palestinian] Chairman [Yasser] Arafat, but you did have to contend with a deeply divided Israel, which was far less willing to accept or make compromises over peace. And with the Palestinian movement, which was moving toward civil war. The United States can only make serious progress when both the Israelis and Palestinians are ready to move toward peace. Setting artificial deadlines and creating yet another set of unrealistic expectations [as is done at the Annapolis conference] did not lay the groundwork for sustained real progress. It instead created new sources of frustration and again made people throughout the Arab and Muslim world see the United States as hypocritical and ineffective.” [Vanity Fair, 2/2009]

Entity Tags: Condoleezza Rice, Anthony Cordesman, Bush administration (43)

Timeline Tags: US International Relations

In late 2007, top Bush administration officials draft a secret plan making it easier for US special forces to conduct missions to capture or kill al-Qaeda leaders inside Pakistan’s mountainous tribal region. A highly classified Defense Department order outlines the plan, which is designed to eliminate the sharp policy disagreements and turf battles that have bogged down US policy regarding al-Qaeda’s safe haven in Pakistan. But in late June 2008, the New York Times will report that “more than six months later, the Special Operations forces are still waiting for the green light. The plan has been held up in Washington by the very disagreements it was meant to eliminate. A senior Defense Department official said there was ‘mounting frustration’ in the Pentagon at the continued delay.” [New York Times, 6/30/2008]

Entity Tags: Al-Qaeda, US Special Forces, US Department of Defense, Bush administration (43)

Timeline Tags: Complete 911 Timeline

The Iran NIE.The Iran NIE. [Source: Office of the Director of National Intelligence]The newly released National Intelligence Estimate (NIE) for Iran’s nuclear weapons program concludes that Iran stopped working on nuclear weapons in 2003, and that the program remains on hold today. The Bush administration has repeatedly claimed that Iran is on the verge of acquiring nuclear arms, and has intimated that it is ready to attack that nation to prevent such an event from happening (see October 20, 2007). Interestingly, the administration has tried to have the NIE rewritten to more suit their view of Iran, an effort spearheaded by Vice President Dick Cheney (see October 2006). The findings of the NIE are expected to have a large impact on the negotiations between Iran and several Western countries, including the US, aimed at pressuring and cajoling Iran into giving up its nuclear energy program. The NIE, an assessment representing the consensus of the US’s 16 inteligence agencies, finds that while Iran’s ultimate ambitions towards becoming a nuclear-armed power remain unclear, Iran’s “decisions are guided by a cost-benefit approach rather than a rush to a weapon irrespective of the political, economic and military costs.… Some combination of threats of intensified international scrutiny and pressures, along with opportunities for Iran to achieve its security, prestige, and goals for regional influence in other ways might—if perceived by Iran’s leaders as credible—prompt Tehran to extend the current halt to its nuclear weapons program.” The NIE says that even if Iran were to restart development of its nuclear weapons program today, it would be at least two years at a minimum before it would have enough enriched uranium to produce a single bomb. The report says that Iran is more likely to develop a nuclear weapon by no earlier than 2013, “because of foreseeable technical and programmatic problems.” The report flatly contradicts the assessment made by a 2005 NIE that concluded Iran had an active nuclear weapons program and was determined to create them as quickly as possible. “We felt that we needed to scrub all the assessments and sources to make sure we weren’t misleading ourselves,” says one senior intelligence official. [New York Times, 12/3/2007; Director of National Intelligence, 12/3/2007 pdf file] There is no official word as to why the NIE has been publicly released by the White House when it so transparently contradicts the stance of the Bush administration, but Cheney implies the decision stems from a fear that it would be leaked anyway: “[T]here was a general belief that we all shared that it was important to put it out—that it was not likely to stay classified for long, anyway.” [Politico, 12/5/2007] The NIE is compiled from information gathered since 2004; one of the key intelligence findings is from intercepted phone calls between Iranian military commanders indicating that the nuclear program has been halted (see July 2007).

Entity Tags: Bush administration (43), Richard (“Dick”) Cheney

Timeline Tags: US confrontation with Iran

The White House refuses to allow special prosecutor Patrick Fitzgerald to turn over key documents from his investigation into the Valerie Plame Wilson identity leak to Congress, as requested by House Oversight Committee chairman Henry Waxman (D-CA) since June 2007 and revealed by Waxman today. Waxman has repeatedly requested reports of interviews by President Bush, Vice President Dick Cheney, and five top White House aides—White House political strategist Karl Rove, former press secretary Scott McClellan, former chief of staff Andrew Card, National Security Adviser Stephen Hadley, and former communications director Dan Bartlett. Waxman has also requested transcripts and other documents relevant to these officials’ testimony. According to Waxman, Fitzgerald is willing to turn over the documents to the committee, but cannot gain White House permission to do so. Waxman appeals to newly appointed Attorney General Michael Mukasey to overrule the White House and release the documents. “I hope you will not accede to the White House objections,” Waxman writes to Mukasey. “During the Clinton administration, your predecessor, Janet Reno, made an independent judgment and provided numerous FBI interview reports to the committee, including reports of interviews with President Clinton, Vice President Gore, and three White House chiefs of staff. I have been informed that Attorney General Reno neither sought nor obtained White House consent before providing these interview records to the committee. I believe the Justice Department should exercise the same independence in this case.… There is no legitimate basis for the withholding of these documents. Mr. Fitzgerald has apparently determined that these documents can be produced to the committee without infringing on his prosecutorial independence or violating the rules of grand jury secrecy. As records of statements made by White House officials to federal investigators, outside the framework of presidential decision-making, the documents could not be subject to a valid claim of executive privilege.” Mukasey will not accede to Waxman’s request. Many believe that even though Fitzgerald only managed to convict one White House official as a result of his investigation (see March 6, 2007), he compiled evidence that indicates others, including Cheney, were involved in leaking Plame Wilson’s CIA status. Fitzgerald has indicated that his investigation into other White House officials was drastically hindered by Libby’s repeated lies under oath (see 9:00 a.m. February 20, 2007 and May 25, 2007). Fitzgerald has declined to testify before Waxman’s committee, citing rules that prohibit him from revealing grand jury proceedings, and noting that prosecutors “traditionally refrain from commenting outside of the judicial process on the actions of persons not charged with criminal offenses.” [Washington Post, 12/3/2007] Waxman will continue, without success, to request the information (see June 3, 2008), though the White House will release heavily redacted transcripts of Libby’s grand jury testimony in the summer of 2008. [Murray Waas, 12/23/2008]

Entity Tags: George W. Bush, Stephen J. Hadley, Valerie Plame Wilson, Andrew Card, Dan Bartlett, Richard (“Dick”) Cheney, Scott McClellan, Michael Mukasey, Henry A. Waxman, House Committee on Oversight and Government Reform, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Janet Reno, Bush administration (43), Karl C. Rove

Timeline Tags: Niger Uranium and Plame Outing

George W. Bush, apparently taken somewhat aback by the US intelligence community’s findings released on December 3, 2007, that Iran halted its work on a nuclear bomb four years ago (see December 3, 2007), claims that he only learned about the findings on November 28. The intelligence community’s National Intelligence Estimate (NIE) has been in production for some 18 months. According to National Security Adviser Stephen Hadley, both Bush and Vice President Dick Cheney were first given initial briefings in either August or September. [White House, 11/28/2007; Washington Post, 12/4/2007] Bush tells reporters he wasn’t even aware of the evidence showing Iran had halted its nuclear program, “I was made aware of the NIE last week. In August, I think it was [Director of National Intelligence] Mike McConnell [who] came in and said, ‘We have some new information.’ He didn’t tell me what the information was. He did tell me it was going to take a while to analyze.… And it wasn’t until last week that I was briefed on the NIE that is now public.” A clearly incredulous reporter follows up by asking, “I understand what you’re saying about when you were informed about the NIE. Are you saying at no point while the rhetoric was escalating, as World War III was making it into conversation—at no point, nobody from your intelligence team or your administration was saying, ‘Maybe you want to back it down a little bit?’” Bush answers, “No—I’ve never—nobody ever told me that.” [CNN, 12/4/2007] From Hadley’s words, the date that Bush knew of the NIE findings may be much earlier. Hadley tells reporters attempting to pin him down on the exact date when Bush was told of the findings, “[W]hen was the president notified that there was new information available? We’ll try and get you a precise answer. As I say, it was, in my recollection, is in the last few months. Whether that’s October—August-September, we’ll try and get you an answer for that.” All told, Hadley says that Bush was told of the findings within “the last few months” five different times during the press conference. [Think Progress, 12/3/2007] By December 5, the White House will begin refusing to answer the question at all. White House spokesman Tony Fratto will tell reporters, “I don’t have anything on that.… I can’t give you more detail on what Director McConnell said to the President.” [White House, 12/5/2007]
Bush Either 'Lying' or 'Stupid' - Many find Bush’s claim hard to accept. Senate Intelligence Committee chairman Jay Rockefeller (D-WV) notes that he and ranking committee member Kit Bond (R-MO) received a briefing on the NIE’s intelligence “several months ago,” and says, “I was really struck when the president said that he only got the final judgments on Tuesday.” He cannot imagine that he and Bond received information months in advance of Bush. Rockefeller says he “can’t believe” that McConnell’s indication of new information didn’t prevent Bush from “talking about a nuclear holocaust.” [PBS, 12/4/2007] Former National Security Council official Flynt Leverett says the White House is probably being dishonest about what Bush knew and when he knew it. “I can’t imagine that McConnell… would tell the president about this and not tell him what the information actually said,” Leverett observes. [CNN, 12/5/2007] Senator Jack Reed (D-RI) says, “What’s shocking today is that apparently he knew about this estimate a month or more before he made those statements. I don’t think that shows a responsible use of intelligence.” [Reuters, 12/5/2007] And MSNBC talk show host Joe Scarborough, a former Republican Congressman, says flatly, “We are left with only two options here. Either the President of the United States is lying to the American people about what happened during that meeting, or the President of the United States is stupid.” [MSNBC, 12/5/2007]
Cheney Not Hampered by Lack of Intelligence - If Bush was indeed ignorant of the intelligence findings, as he asserts, it is not likely that his vice president labored under the same lack of information, judging from the fact that Cheney’s office has been involved in trying to suppress the NIE for over a year (see October 2006).

Entity Tags: Mike McConnell, Joseph Scarborough, Stephen J. Hadley, John D. Rockefeller, Richard (“Dick”) Cheney, Jack Reed, Bush administration (43), Flynt Leverett, George W. Bush, Senate Intelligence Committee, Christopher (“Kit”) Bond, Tony Fratto

Timeline Tags: US confrontation with Iran

Responses from outside the White House (see December 3, 2007) to the newly released National Intelligence Estimate (NIE) on Iran, which states that Iran shut down its nuclear weapons program in 2003 (see December 3, 2007), are largely marked by relief that the US will now probably take a less aggressive position on Iran. Iranian foreign minister Manouchehr Mottaki says he welcomes the US move to “correct” its previous assertions, adding: “It’s natural that we welcome it when those countries who in the past have questions and ambiguities about this case… now amend their views realistically. The condition of Iran’s peaceful nuclear activities is becoming clear to the world.” However, a statement from the Israeli government says that Israel believes Iran is still working on developing nuclear weapons. [Guardian, 12/4/2007] Congressional lawmakers on both sides of the aisle say that the NIE has removed much of the immediacy from the possibility of US military intervention in Iraq. “[I]f nothing else, the urgency that we have to attack Iran, or knock out facilities” is no longer there, says Senator Chuck Hagel (R-NE). “I don’t think you can overstate the importance of this.” Senate Majority Leader Harry Reid (D-NV) says that, in light of the new intelligence report, the White House should adjust its policy and pursue “a diplomatic surge” to engage with Iran. Reid suggests that the administration “[f]ollow the Ronald Reagan theory of diplomacy.… What did Ronald Reagan do? He started his diplomats working with the evil people in the Soviet people, as he referred to, to work something out. And he did. He met with the leaders of the Soviet Union he didn’t particularly like. And that’s what we should be doing with Iran. We should be having a surge of diplomacy with Iran. And based upon this, I think it would be a pretty good idea.” [Think Progress, 12/3/2007; Guardian, 12/4/2007] Jay Rockefeller (D-WV), the chairman of the Senate Intelligence Committee, says, “The key judgments show that the intelligence community has learned its lessons from the Iraq debacle. [The community] has issued judgments that break sharply with its own previous assessments, and they reflect a real difference from the views espoused by top administration officials.” [Washington Post, 12/4/2007]

Entity Tags: Manouchehr Mottaki, Bush administration (43), Chuck Hagel, Harry Reid, John D. Rockefeller

Timeline Tags: US confrontation with Iran

Eleven US veterans who served in Iraq and/or Afghanistan demand that Congress open hearings on the pro-war rhetoric of the Bush administration in light of the recently released National Intelligence Estimate (NIE) on Iran that concluded Iran stopped work on its nuclear weapons program in 2003 (see December 3, 2007). The veterans, leaders and members of the antiwar group VoteVets, write a letter to the chairmen of the Senate and House Intelligence Committees, Jay Rockefeller (D-WV) and Silvestre Reyes (D-TX). The letter reads in part, “[W]e are extremely concerned about news that has emerged over the past few days regarding the National Intelligence Estimate (NIE) on Iran, what it says, and when the President knew about it. We believe the mass confusion over when the President knew of the report’s findings, and whether he continued to ramp up Iran war rhetoric anyway, warrants an immediate investigation by your committees. Our concern, primarily, is that such rhetoric only serves to stoke hostility towards our troops currently in Iraq, and that, if military action against Iran is launched, it has serious repercussions on the lives of our troops and our very military.… Despite the White House having [the information behind the NIE] administration officials continued to use rhetoric designed to sell the American public on the idea of taking military action against Iran.” The veterans note that President Bush apparently lied about when he became aware of the intelligence behind the NIE (see December 3-4, 2007). The veterans ask that the two committees find out the truth behind what Bush knew and when he knew it, and if Bush was aware that the rhetoric from himself and his officials could increase the danger faced by US troops in Iraq. “These questions must be examined and a determination must be made as to why comments such as the ones above were made. If not for legitimate security reasons, did the administration put our troops at increased risk for domestic political reasons?” [VetVoice, 12/4/2007]

Entity Tags: Moqtada al-Sadr, Bush administration (43), George W. Bush, Senate Intelligence Committee, House Intelligence Committee, VoteVets, John D. Rockefeller, Silvestre Reyes

Timeline Tags: US confrontation with Iran

In light of the just-released National Intelligence Estimate that concluded Iran stopped research on nuclear weapons in 2003 (see December 3, 2007), Editor and Publisher’s Greg Mitchell notes that many media pundits have “promoted [the administration’s] line” of Iran’s imminent emergence as a nuclear threat. He comments: “Many in the media have made [such] claims, often extravagantly, which promoted (deliberately or not) the tubthumping for striking Iran.… [T]oo many in the media seemed to fail to learn the lessons of the Iraqi WMD intelligence failure—and White House propaganda effort—and instead, were repeating it, re: Iran. This time, perhaps, we may have averted war, with little help from most of the media. In this case, it appears, the NIE people managed to resist several months of efforts by the administration to change their assessment. If only they had stiffened their backbones concerning Iraq in 2002.” Three pundits—David Brooks (see January 22, 2006), Thomas Friedman (see June 2007), and Richard Cohen (see October 23, 2007)—managed to, in Mitchells’s words, at least “back some kind of diplomacy in regard to Iran, unlike many of their brethren.” Others were more forceful in their calls for action, including the Washington Post’s Jim Hoagland (see November 4, 2007), the Weekly Standard’s William Kristol (see July 14, 2006), and the Post editorial page (see September 26, 2007). Mitchell notes that many of these pundits are regulars on television news and commentary programs. [Editor & Publisher, 12/4/2007]

Entity Tags: Jim Hoagland, Bush administration (43), David Brooks, Greg Mitchell, Richard Cohen, Washington Post, William Kristol, New York Times, Thomas Friedman

Timeline Tags: US confrontation with Iran

While many inside and outside the Bush administration consider the recent National Intelligence Estimate (NIE) on Iran, which concluded that Iran halted its push towards building nuclear weapons in 2003 (see December 3, 2007), a disappointment, a small but influential group inside the Defense Department consider it a victory for their viewpoint. The NIE almost guarantees that Bush will not order any sort of military strike against Iran, a result sought by, among others, Defense Secretary Robert Gates, Joint Chiefs chairman Admiral Michael Mullen, and Admiral William Fallon, the supreme commander of US forces in the Middle East. All three have, in recent months, privately and publicly opposed the idea of going to war with Iran; indeed, the Pentagon’s intelligence units were instrumental in forming the NIE’s conclusions. Time reporter Mark Thompson writes, “Some critics have suggested that the military simply found a public way to quiet the drumbeat for war coming from Vice President Dick Cheney and his shrinking band of allies in the administration.” Additionally, some Pentagon officials believe that this NIE shows the US intelligence community is not as tied to ideological and political concerns as was evidenced by the 2002 NIE on Iraq (see October 1, 2002). For his part, Gates warns that the US and the international community must continue pressuring Iran to keep its nuclear-weapons program dormant, and “[a]s long as they continue with their enrichment activities, then the opportunity to resume that nuclear weapons program is always present.” But Gates adds that the NIE demonstrates that non-military actions are the best way to keep Iran’s nuclear program in check: “If anything, the new national estimate validates the administration’s strategy of bringing diplomatic and economic pressures to bear on the Iranian government to change its policies.” [Time, 12/5/2007]

Entity Tags: US Department of Defense, Bush administration (43), Mark Thompson, Michael Mullen, William Fallon, Richard (“Dick”) Cheney, Robert M. Gates

Timeline Tags: US confrontation with Iran

The White House confirms that President Bush was told in August 2007 that Iran’s nuclear weapons program “may be suspended,” the conclusion of the recently released National Intelligence Estimate (NIE) (see December 3, 2007). The White House’s admission is a direct contradiction of Bush’s assertion that he only learned of the NIE in late November (see December 3-4, 2007 and November 26-28, 2007). Press secretary Dana Perino says Bush was not told in August of the specifics behind the information about Iran’s nuclear program. Perino says that Director of National Intelligence (DNI) Mike McConnell told Bush in August that the new information might cause the intelligence community to revise its assessment of the Iranian program, but analysts still needed to complete their review before making a final judgment. However, Perino says there is no conflict between her statement and Bush’s insistence that he knew nothing about the substance of the intelligence assessment until late November, because Bush “wasn’t given the specific details” of the revised estimate. Perino’s account raises questions about why, if Bush knew the intelligence community believed Iran’s nuclear weapons program was in abeyance, two months later, he was still giving dire warnings about Iran being a threat to cause “World War III” if not halted (see October 20, 2007). Perino offers an explanation of those warnings, saying, “The president didn’t say we’re going to cause World War III. He was saying he wanted to avoid World War III.” Perino says it is unfair to question Bush’s veracity: “If anyone wants to call the president a liar, they are misreading the situation for their own political purposes. The liar is [Mahmoud] Ahmadinejad [the president of Iran], and he has a lot of explaining to do.”
Reaction - Joseph Biden, a Democratic presidential candidate and the chairman of the Senate Foreign Relations Committee, calls Bush’s explanation unbelievable. “I refuse to believe that,” Biden says. “If that’s true, he has the most incompetent staff in modern American history, and he’s one of the most incompetent presidents in modern American history.” [CNN, 12/5/2007] Four former CIA officials call Bush’s claim of ignorance about the Iran intelligence “preposterous.” Melvin Goodman, a 24-year CIA veteran, calls Bush’s claim “unbelievable.” He is joined by Ray McGovern, another CIA veteran who routinely briefed George H. W. Bush during his two terms as vice president; Larry Johnson, the former deputy of the State Department’s Office of Counter Terrorism; and Bruce Riedel, a former National Intelligence Officer for the Near East and South Asian offices. McGovern is almost contemptuous of Bush’s claim: “The notion that the head of National Intelligence whispered in Bush’s ear, ‘I’ve got a surprise for you and it’s really important, but I’m not going to tell you about it until we check it out’—the whole thing is preposterous.” Riedel says that Bush “either chose to ignore what he heard or his director of national intelligence is not doing his job.” He doubts McConnell failed to do his part. “To me it is almost mind boggling that the president is told by the DNI that we have new important information on Iran and he doesn’t ask ‘what is that information?’” Riedel adds. It is not McConnell’s responsibility to tell Bush to “stop hyperventilating about the Iranian threat,” he says, but instead the job of National Security Adviser Stephen Hadley and Bush’s other policy advisers to keep “their eye on the intelligence and to take into account new information as it comes along.” Johnson says that the information used in the NIE would have been available months before it was released to the public, and would have automatically been included in the Presidential Daily Briefing (PDB). Bush would have been told of the intelligence findings, as would Vice President Cheney, Defense Secretary Robert Gates, and Secretary of State Condoleezza Rice. Goodman and McGovern agree with Johnson’s statement. [Huffington Post, 12/5/2007] A deconstruction of Bush’s own statements over the last several months indicates that Bush changed his wording in early August, most likely because he was informed about the intelligence findings over Iran (see December 5, 2007).

Entity Tags: George W. Bush, Dana Perino, Central Intelligence Agency, Bush administration (43), Bruce Riedel, Stephen J. Hadley, Senate Foreign Relations Committee, Mike McConnell, Richard (“Dick”) Cheney, Mahmoud Ahmadinejad, Larry C. Johnson, Joseph Biden, Condoleezza Rice, Ray McGovern, Robert M. Gates, Melvin A. Goodman

Timeline Tags: US confrontation with Iran

Fred Kaplan.Fred Kaplan. [Source: ForeignAffairs.com]Both Vice-President Dick Cheney and Slate’s Fred Kaplan back the accuracy of the new National Intelligence Estimate (NIE) that says Iran’s nuclear program ended in 2003 (see December 3-6, 2007 and December 7, 2007). Cheney is asked by a reporter from the online news magazine The Politico, “[D]o you believe the new [NIE] that’s out—or is there a reason to question those conclusions?” Cheney replies: “I don’t have any reason to question the—what the community has produced, with respect to the NIE on Iran. Now, there are things they don’t know. There are always—there’s always the possibility that the circumstances will change. But I think they’ve done the best job they can with the intelligence that’s available to give us their best judgment on those issues.” [White House, 12/6/2007] Kaplan refutes a claim that three State Department officials, at least one hostile to Bush, wrote the NIE, saying: “[T]he NIE is not ‘a team of three in the State Department.’ It’s the product of all 16 US intelligence agencies. From all accounts, this was a very elaborate process involving thousands of new pieces of information, including intercepts, human intelligence, and so forth. It also seems to have been scrubbed meticulously, subjected to ‘red team’ exercises—the works.” [Slate, 12/6/2007]

Entity Tags: Bush administration (43), Richard (“Dick”) Cheney, Fred Kaplan, US Department of State

Timeline Tags: US confrontation with Iran

Conservative talk radio host Rush Limbaugh, joining the attack (see December 3-6, 2007) on the recently released National Intelligence Estimate on Iran’s nuclear program (see December 3, 2007), asks about the likelihood of political gamesmanship inside the administration. Limbaugh tells his listeners, “I guarantee there’s more sabotage coming out of that place regarding the Bush administration.” [Fox News, 12/6/2007]

Entity Tags: Rush Limbaugh, Bush administration (43)

Timeline Tags: US confrontation with Iran

Thomas Fingar.Thomas Fingar. [Source: Office of Personnel Management]Some Bush administration members and supporters accuse three former State Department officials of deliberately writing the recent National Intelligence Estimate on Iran (NIE) (see December 3, 2007) in an inaccurate and partisan manner. The three former State Department officials are Thomas Fingar, deputy director of national intelligence for analysis; Vann Van Diepen, national intelligence officer for weapons of mass destruction and proliferation; and Kenneth Brill, director of the national counterproliferation center. All three currently work at the Office of the Director of National Intelligence (DNI). Fingar, Van Diepen, and Brill helped compile the information in the NIE, and helped write the final draft, but none of them actually produced or analyzed the intelligence used in the report. A spokesman for Senator John Ensign (R-NV) says that intelligence reports such as the recent Iran NIE are “becoming very politicized.” David Wurmser, the former chief Middle East adviser to Vice President Cheney, says, “One has to look at the agendas of the primary movers of this report, to judge how much it can really be banked on.” The officials say that when the three DNI officials worked in the State Department under then-Secretary Colin Powell, they supported Powell’s belief that diplomacy, not confrontation and belligerence, would best address the threat from Iran’s nuclear program. On the other side was then-Undersecretary John Bolton, who, like his fellow neoconservatives in the White House, believed that the only way to handle Iran’s nuclear threat was by confrontation. Unnamed officials accuse Fingar, Van Diepen, and Brill of trying to “torpedo the threat that this administration would pose to their desired policy outcomes on Iran, which is some kind of accommodation with an Iranian nuclear program.” The officials accuse Fingar, Van Diepen, and Brill of working to block economic and military sanctions against Iran and “sabotag[ing]” the administration’s attempt to pressure foreign allies to impose sanctions. The three former State officials were brought to the DNI by then-director John Negroponte, considered a strong Powell ally. Van Diepen is particular criticized and accused of having a personal animosity towards Bolton, and of opposing anything towards Iran except what they call “tea-cup diplomacy.” Brill is accused of being “extremely close” to Mohamed ElBaradei, the head of the International Atomic Energy Agency, an agency which these officials view as an Iran apologist. [Washington Times, 12/7/2007] The anonymous officials’ charges are refuted by, among others, Vice President Dick Cheney (see December 6, 2007).

Entity Tags: John Negroponte, George W. Bush, David Wurmser, Colin Powell, Bush administration (43), John Ensign, Vann Van Diepen, Mohamed ElBaradei, Thomas Fingar, John R. Bolton, Kenneth Brill, International Atomic Energy Agency, Office of the Director of National Intelligence, Richard (“Dick”) Cheney, US Department of State

Timeline Tags: US confrontation with Iran

Former CIA analyst and National Security Council adviser Flynt Leverett, who worked in George W. Bush’s administration, praises the authors of the newly released National Intelligence Estimate on Iran (see December 3, 2007), saying: “We seem to have lucked out and have individuals who resist back-channel politics and tell it how it is. That is what the CIA and other agencies are supposed to do.” Speaking of two of the authors of the NIE, Thomas Fingar and Vann Van Diepen (see December 7, 2007), Leverett says: “They both felt the intelligence was misused in the run-up to the Iraq war. The conservatives are now attacking them, saying they are taking their revenge. It is not mutiny for intelligence officers to state their honest views.” [Guardian, 12/8/2007]

Entity Tags: Bush administration (43), Vann Van Diepen, Thomas Fingar, Flynt Leverett

Timeline Tags: US confrontation with Iran

Michael McConnell, the director of national intelligence, writes an op-ed for the New York Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Under August’s Protect America Act, McConnell writes, the country is “safer” from terrorist attacks while the privacy of US citizens is protected (see August 5, 2007). The government has “greater understanding of international [al-]Qaeda networks, and the law has allowed us to obtain significant insight into terrorist planning.” But the Act expires in two months, and McConnell wants it re-enacted and significantly expanded “if we are to stay ahead of terrorists who are determined to attack the United States.” Echoing the arguments of Bush administration officials, McConnell attacks the “outdated” Foreign Intelligence Surveillance Act as significantly hindering the government’s “ability to collect timely foreign intelligence.” McConnell complains: “Our experts were diverted from tracking foreign threats to writing lengthy justifications to collect information from a person in a foreign country, simply to satisfy an outdated statute that did not reflect the ways our adversaries communicate. The judicial process intended to protect the privacy and civil liberties of Americans was applied instead to foreign intelligence targets in foreign countries. This made little sense, and the Protect America Act eliminated this problem.” McConnell calls for new legislation that would obviate the need for intelligence agencies such as the NSA to seek warrants to monitor US citizens’ telephone and e-mail communications: “The intelligence community should spend its time protecting our nation, not providing privacy protections to foreign terrorists and other diffuse international threats.” He also calls for retroactive immunity for “private parties”—i.e. the US telecommunications companies—that are subject to lawsuits over their cooperation with the NSA in monitoring US communications. “The intelligence community cannot go it alone,” he writes. “Those in the private sector who stand by us in times of national security emergencies deserve thanks, not lawsuits.” Two days later, new Attorney General Michael Mukasey will write a virtually identical op-ed for the Los Angeles Times (see December 12, 2007). [New York Times, 12/10/2007]

Entity Tags: Foreign Intelligence Surveillance Act, Bush administration (43), Mike McConnell, New York Times, Protect America Act

Timeline Tags: Civil Liberties

Michael Mukasey, the new Attorney General, writes an op-ed for the Los Angeles Times pushing for Congressional immunity for US telecommunications firms over their cooperation with the NSA’s warrantless wiretapping program. Mukasey supports the NSA program, echoing the administration’s long insistence that the surveillance program is “crucial” in protecting the country against terrorist attacks. He also reiterates the administration’s criticism of the “outdated” Foreign Intelligence Surveillance Act, which he says hampers the government’s ability to collect needed intelligence and does little to protect the privacy of US citizens. Mukasey calls for Congress to pass a Senate bill that would grant the telecommunications firms retroactive immunity to civil lawsuits and criminal charges surrounding their cooperation with the NSA, and would no longer require court orders for the government to “direct surveillance at foreign targets overseas”—surveillance that would target US citizens. Mukasey says the US will “need the full-hearted help of private companies in our intelligence activities; we cannot expect such cooperation to be forthcoming if we do not support companies that have helped us in the past.” Mukasey strongly opposes another Senate bill that would grant no immunity and would continue to require the government to obtain FISA Court warrants before wiretapping domestic communications. Two days earlier, the director of national intelligence, Michael McConnell, penned a virtually identical op-ed for the New York Times (see December 10, 2007). [Los Angeles Times, 12/12/2007]

Entity Tags: Foreign Intelligence Surveillance Act, Bush administration (43), Los Angeles Times, Michael Mukasey, National Security Agency

Timeline Tags: Civil Liberties

The Bush administration begins a push to get Congress to pass legislation to protect telecommunications companies from lawsuits over their assistance with the NSA’s warrantless wiretapping program. This is part of the administration’s long and sometimes uneasy partnership with the telecom industry to conduct a wide range of secret anti-terrorism surveillance operations. The firms fear further lawsuits and more public exposure, and some have refused outright to cooperate (see February 27, 2001 and 1990s).
Fiber Optics - Twenty years ago, the NSA had little difficulty in monitoring telephone communications because older technology relied on broadcast signals carried by microwave towers and satellite relays; the agency used its own satellite dishes to cull the signals. But fiber optic communications are much more difficult to tap, forcing the agency to seek the cooperation of the telecoms to monitor their signals.
Relationship - “It’s a very frayed and strained relationship right now, and that’s not a good thing for the country in terms of keeping all of us safe,” says an industry official in favor of immunity for the telecoms. “This episode has caused companies to change their conduct in a variety of ways.” Both the director of national intelligence, Mike McConnell, and the new Attorney General, Michael Mukasey, write virtually identical op-eds in recent days calling for passage of legislation to grant immunity to the telecoms and remove the need to obtain warrants to wiretap Americans’ communications (see December 10, 2007 and December 12, 2007).
Two Bills - Currently, two bills are before Congress: one largely crafted by Republicans and passed on by the Senate Intelligence Committee that would grant retroactive immunity to the telecoms, and another from the House Judiciary Committee that would not. The White House says President Bush will veto any legislation that does not grant immunity to the telecoms. [New York Times, 12/16/2007]

Entity Tags: Mike McConnell, Bush administration (43), Center for National Security Studies, Michael Mukasey, National Security Agency, Senate Intelligence Committee

Timeline Tags: Civil Liberties

A poster promoting ‘Hillary: The Movie.’A poster promoting ‘Hillary: The Movie.’ [Source: New York Times]The conservative lobbying group Citizens United (CU—see May 1998 and (May 11, 2004)) releases a film entitled Hillary: The Movie. The film is a lengthy diatribe attacking the character and career of Senator Hillary Clinton (D-NY), a leading candidate for the Democratic presidential nomination. Large portions of the film are comprised of conservative critics launching attacks against the personalities and character of Clinton and her husband, former President Clinton. CU president David Bossie (see May 1998) says he based his film on a documentary, Fahrenheit 9/11, released in 2004 by liberal filmmaker Michael Moore (see August 6, 2004), and calls it “a rigorously researched critical biography” comparable to the material presented on political talk shows such as Meet the Press. [Washington Post, 3/15/2009; Moneyocracy, 2/2012] Bossie intended for the film to be released in late 2007 and impact the 2008 race in the same way that he believes Fahrenheit 9/11 impacted the 2004 race. A cable company made the film, at a cost of $1.2 million, available for free to viewers on “video on demand.” Bossie also scheduled a small theater run for the film, but his primary focus was always cable television and the accompanying television advertisements. Knowing the film will probably run afoul of campaign law, he hired lawyers, first James Bopp Jr. (a former member of the far-right Young Americans for Freedom—YAF—and the former general counsel for the National Right to Life Committee—see November 1980 and After) [New Yorker, 5/21/2012] and later Theodore B. Olson, the former solicitor general under the Bush administration. Olson will later say the film is “a critical biographical assessment” that provides “historical information about the candidate and, perhaps, some measure of entertainment as well.” The New York Times calls it “a scathingly hostile look at Mrs. Clinton” replete with “ripe voice-overs, shadowy re-enactments, and spooky mood music.” The film also contains interviews and material from mainstream media reporters, and interviews with figures such as former CIA agent Gary Aldrich, who wrote a “tell-all” book about the Clinton administration, and with Kathleen Willey, who has claimed that Bill Clinton once made an unwelcome sexual advance towards her. Reviewer Megan Carpentier of Radar Online will trounce the movie, saying that it “scrolls through more than a decade of press clippings and a treasure trove of unflattering pictures in its one-sided romp” and will advise potential viewers to watch it “while inebriated in the manner of your choosing, and only if you don’t pay $10 for the privilege.” [New York Times, 3/5/2009] Bossie claims the movie has nothing to do with the impending primary elections. CU intends to show the movie in a small number of theaters but primarily on “video on demand” cable broadcasts, with accompanying television advertisements. In return for a $1.2 million fee, a cable television consortium has agreed to make the movie freely available to its customers as part of what CU calls its “Election ‘08” series. (CU has another negative documentary on Clinton’s Democratic challenger Barack Obama in the works—see October 28-30, 2008—but apparently has no plans to air any documentaries on Republican candidate John McCain or any other Republican presidential candidates.) However, the Federal Election Commission (FEC) refuses to allow the film to be aired on cable channels, or advertised for theater release, because the FEC considers the film “electioneering” and thus subject to campaign finance law (see March 27, 2002) restrictions. Moreover, the film and its planned distribution are funded by corporate donations. [United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012] Bossie claims the film takes no position on Clinton’s candidacy, and says that if he had to vote between Hillary Clinton and Barack Obama, he would vote for Clinton. [New York Times, 3/5/2009]
Court Fight - Bopp, CU’s original lawyer, decides to pursue the same general aggressive course that he took in a recent successful Supreme Court campaign finance case, the Wisconsin Right to Life (WRTL) decision (see Mid-2004 and After). The Hillary film was envisioned from the outset to serve multiple purposes: to advance conservative ideology, damage Clinton’s presidential chances (despite Bossie’s claims), and generate profits. Bopp knows that the FEC would likely classify the film as a political advertisement and not a work of journalism or entertainment (see August 6, 2004), and therefore would fall under campaign law restrictions. Before the film is officially released, Bopp takes the film to the FEC for a ruling, and when the FEC, as expected, rules the film to be “electioneering communication” that comes under campaign law restrictions, Bopp files a lawsuit with the Washington, DC, federal district court. The court rules in favor of the FEC judgment, denying CU its request for a preliminary injunction against the FEC’s ruling. The court specifically finds that the WRTL decision does not apply in this case. “[I]f the speech cannot be interpreted as anything other than an appeal to vote for or against a candidate, it will not be considered genuine issue speech even if it does not expressly advocate the candidate’s election or defeat,” the court states. The court also questions CU’s statement that the film “does not focus on legislative issues.… The movie references the election and Senator Clinton’s candidacy, and it takes a position on her character, qualifications, and fitness for office.” Film commentator Dick Morris has said of the film that it will “give people the flavor and an understanding of why she should not be president.” The court rules, “The movie is susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” (During arguments, Bopp says that the film is much like what a viewer would see on CBS’s evening news show 60 Minutes, and Judge Royce Lamberth laughs aloud, saying: “You can’t compare this to 60 Minutes. Did you read this transcript?” Other judges find it problematic that one of the film’s central “issues” is its assertion that Clinton is, in Bopp’s words, “a European socialist,” but still claims not to be overtly partisan.) [Mother Jones, 1/13/2008; United States District Court for the District Of Columbia, 1/15/2008; Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Supreme Court Appeal - CU appeals the court’s decision directly to the Supreme Court. Bossie soon decides to replace Bopp with Olson, a far more prominent figure in conservative legal circles. Toobin will write: “Ted Olson had argued and won Bush v. Gore (see 9:54 p.m. December 12, 2000), and was rewarded by President Bush with an appointment as solicitor general. Olson had argued before the Supreme Court dozens of times, and he had a great deal of credibility with the justices. He knew how to win.” [Richard Hasen, 1/15/2008; New Yorker, 5/21/2012]
Previous Attempt - In September 2004, Bossie and CU attempted, without success, to release a similar “documentary” supporting President Bush and attacking Democratic presidential candidate John Kerry (D-MA) on television, just weeks before the presidential election. The FEC turned down the group’s request. The FEC did allow the film to be shown in theaters (see September 8, 2004 and September 27-30, 2004).
'Ten-Year Plan' - Bopp will later reveal that the lawsuit is part of what he will call a “10-year plan” to push the boundaries of campaign finance law, and that he urged Bossie and other CU officials to use the documentary as a “test case” for overturning the body of law (see January 25, 2010).

Entity Tags: William Jefferson (“Bill”) Clinton, Kathleen Willey, Megan Carpentier, Theodore (“Ted”) Olson, New York Times, Michael Moore, John McCain, Royce Lamberth, James Bopp, Jr, Dick Morris, Gary Aldrich, Barack Obama, Bush administration (43), Hillary Clinton, Citizens United, David Bossie, Federal Election Commission, Clinton administration

Timeline Tags: Civil Liberties, 2008 Elections

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” [Associated Press, 1/22/2008] Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. [Jurist, 4/19/2008]

Entity Tags: Marcia Cooke, William Swor, Kifah Wael Jayyousi, Jeanne Baker, Adham Amin Hassoun, Al-Qaeda, Jose Padilla, Estela Lebron, Bush administration (43)

Timeline Tags: Torture of US Captives

Center for Public Integrity logo.Center for Public Integrity logo. [Source: Center for Public Integrity]The Center for Public Integrity (CPI), a non-profit, non-partisan investigative journalism organization, releases an analysis of top Bush administration officials’ statements over the two years leading up to the March 18, 2003 invasion of Iraq.
Significance - Analysts and authors Charles Lewis and Mark Reading-Smith state that the analysis proves that the Bush administration engaged in deliberate deception to lead the country into war with Iraq, and disproves the administration’s contention that its officials were the victims of bad intelligence. CPI states that the analysis shows “the statements were part of an orchestrated campaign that effectively galvanized public opinion and, in the process, led the nation to war under decidedly false pretenses.” According to CPI’s findings, eight top administration officials made 935 false statements concerning either Iraq’s possession of weapons of mass destruction or Iraq’s links to al-Qaeda, between September 11, 2001 and the invasion itself. These statements were made on 532 separate occasions, by the following administration officials: President George W. Bush, Vice President Dick Cheney, Secretary of State Colin Powell, then-National Security Adviser Condoleezza Rice, then-Defense Secretary Donald Rumsfeld, then-Deputy Defense Secretary Paul Wolfowitz, and former White House press secretaries Ari Fleischer and Scott McClellan.
Foundation of Case for War - These deliberate falsehoods “were the underpinnings of the administration’s case for war,” says CPI executive director Bill Buzenberg. Lewis says, “Bush and the top officials of his administration have so far largely avoided the harsh, sustained glare of formal scrutiny about their personal responsibility for the litany of repeated, false statements in the run-up to the war in Iraq.” According to the analysis, Bush officials “methodically propagated erroneous information over the two years beginning on September 11, 2001.” The falsehoods dramatically escalated in August 2002, just before Congress passed a war resolution (see October 10, 2002). The falsehoods escalated again in the weeks before Bush’s State of the Union address (see 9:01 pm January 28, 2003) and Powell’s critical presentation to the United Nations (see February 5, 2003). All 935 falsehoods are available in a searchable database on the CPI Web site, and are sourced from what the organization calls “primary and secondary public sources, major news organizations and more than 25 government reports, books, articles, speeches, and interviews.” CPI finds that “officials with the most opportunities to make speeches, grant media interviews, and otherwise frame the public debate also made the most false statements.”
Breakdown - The tally of falsehoods is as follows:
bullet Bush: 260. 232 of those were about Iraqi WMD and 28 were about Iraq’s ties to al-Qaeda.
bullet Powell: 254, with 244 of those about Iraq’s WMD programs.
bullet Rumsfeld and Fleischer: 109 each.
bullet Wolfowitz: 85.
bullet Rice: 56.
bullet Cheney: 48.
bullet McClellan: 14.
The analysis only examines the statements of these eight officials, but, as CPI notes, “Other administration higher-ups, joined by Pentagon officials and Republican leaders in Congress, also routinely sounded false war alarms in the Washington echo chamber.”
An 'Impenetrable Din' - Lewis and Reading-Smith write that the “cumulative effect of these false statements,” amplified and echoed by intensive media coverage that by and large did not question the administration’s assertions, “was massive, with the media coverage creating an almost impenetrable din for several critical months in the run-up to war.” CPI asserts that most mainstream media outlets were so enthusiastically complicit in the push for war that they “provided additional, ‘independent’ validation of the Bush administration’s false statements about Iraq.” Lewis and Reading-Smith conclude: “Above all, the 935 false statements painstakingly presented here finally help to answer two all-too-familiar questions as they apply to Bush and his top advisers: What did they know, and when did they know it?” [Center for Public Integrity, 1/23/2008; Center for Public Integrity, 1/23/2008] The Washington Post’s Dan Froomkin approvingly calls the study “old-fashioned accountability journalism.” [Washington Post, 1/23/2008]

Entity Tags: Donald Rumsfeld, Charles Lewis, Center for Public Integrity, Bush administration (43), Bill Buzenberg, Ari Fleischer, Al-Qaeda, Colin Powell, Dan Froomkin, Richard (“Dick”) Cheney, Saddam Hussein, Condoleezza Rice, Scott McClellan, Paul Wolfowitz, George W. Bush, US Department of Defense, Mark Reading-Smith

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda, Niger Uranium and Plame Outing

White House press secretary Dana Perino dismisses a study by the Center for Public Integrity (CPI) that found 935 false statements made by President Bush and seven of his top officials before the invasion of Iraq that helped mislead the country into believing Iraq was an imminent threat (see January 23, 2008). Perino responds: “I hardly think that the study is worth spending any time on. It is so flawed in terms of taking anything into context or including—they only looked at members of the administration, rather than looking at members of Congress or people around the world, because, as you’ll remember, we were part of a broad coalition of countries that deposed a dictator based on a collective understanding of the intelligence.”
CPI Response - CPI’s Charles Lewis, a co-author of the study, retorts that Perino has little credibility because “this is the press secretary who didn’t know about the Cuban Missile Crisis until a few months ago.… [S]he made a reference that she had—actually didn’t know about the Cuban Missile Crisis back in the ‘60s. For a White House press secretary to say that is astonishing to me.” Lewis calls Perino’s comment “predictable,” and cracks, “At least she didn’t call this a third-rate burglary” (see 2:30 a.m.June 17, 1972). “If my administration, that I’m the flack for, made 935 false statements, I would want to say, ‘Go do another study and take ten years and look at the world and Congress.’ The fact is, the world was rallied, as was the compliant Congress, into doing exactly what the administration wanted. And the bottom line is, she didn’t say that they were not false statements. Basically, they acknowledged they were false statements without her saying it. They have essentially said, ‘Gosh, I guess there weren’t any WMDs in Iraq,’ in other statements they’ve made, ‘it’s all bad intelligence.’”
Defense of Analysis - Far from being a flawed and superficial analysis, Lewis says, the analysis supplies “400,000 words of context, weaving in all of this material, not just what they said at the time, but what has transpired and what has tumbled out factually in the subsequent six years. So we actually have as much context so far as anyone has provided in one place. It’s searchable for all citizens in the world and for Congress and others that want to deal with this from here on.” [Democracy Now!, 1/24/2008]

Entity Tags: Charles Lewis, Bush administration (43), Center for Public Integrity, George W. Bush, Dana Perino

Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda

MSNBC host Keith Olbermann reveals what may be a personal stake in the Bush administration’s push for immunity for telecommunications companies who helped the NSA spy on Americans (see January 28, 2008). Attorney General Michael Mukasey’s son Marc Mukasey is a partner in the law firm of Bracewell & Giuliani (the same Rudolph Giuliani who up until recently was a candidate for the Republican nomination for president). Marc Mukasey is one of the lawyers representing Verizon, one of the telecom firms being sued for cooperating with the government’s surveillance program (see May 12, 2006 and June 26, 2006). Olbermann says of the Mukasey-Giuliani connection: “Now it begins to look like the bureaucrats of the Third Reich trying to protect the Krupp family industrial giants by literally re-writing the laws for their benefit. And we know how that turned out: Alfred Krupp and eleven of his directors were convicted of war crimes at Nuremburg.” [MSNBC, 1/31/2008]

Entity Tags: National Security Agency, Alfred Krupp, Bracewell & Giuliani, Bush administration (43), Keith Olbermann, Verizon Communications, Rudolph (“Rudy”) Giuliani, Marc Mukasey, Michael Mukasey

Timeline Tags: Civil Liberties

President Bush makes racially charged statements while addressing an audience at a Republican fundraiser in Hillsborough, California, outside San Francisco. The fundraiser, hosted by the chairman of an investment firm, raises $1.5 million for the Republican National Committee. [San Francisco Chronicle, 1/31/2008] The media will not learn about Bush’s remarks until late 2009, when former Bush administration speechwriter Matt Latimer publishes his book, Speechless: Tales of a White House Survivor. Latimer will write: “He talked about his own failings with alcoholism as the reason he supported his faith-based initiative. ‘My philosophy is, find somebody who hurts and do something about it,’ he said. ‘Don’t wait for government to tell you what to do.’ He bluntly talked about his own situation. ‘I was beginning to love alcohol over my wife and kids. It got to a point when Billy Graham came into my life. But I was hardheaded and didn’t want to listen for a while. And then I stopped drinking overnight. I am a one-man faith-based initiative. Alcohol was competing for my affections. And it would have ruined me.’ He said things that could ruffle feathers, such as how he’d recently gone to a faith-based program run by ‘former drunks.’ He said he went to see a prison ministry program, noting that ‘everyone was black, of course.’ All eyes turned in search of the sole African American in the audience of donors. They wanted to see if he was offended.” Latimer will write that the sole African-American donor did not “appear to be” offended, and will defend Bush, writing that he “didn’t mean it in a derogatory way. He just liked making blunt observations to shock his audience.” [Think Progress, 9/23/2009]

Entity Tags: Republican National Committee, Bush administration (43), George W. Bush, Matt Latimer

Timeline Tags: Domestic Propaganda

Alasdair Roberts.Alasdair Roberts. [Source: Sunshine Week (.org)]Alasdair Roberts, a public administration professor and author of The Collapse of Fortress Bush, writes of what he views as the abject failure of the US government to plan and coordinate both the “war on terror” and the occupation and reconstruction of Iraq. Roberts writes that since the invasion of Iraq, the Bush administration has consistently failed to plan for, and to deal with, consequences and ramifications of their actions. [Roberts, 2008, pp. 106-133]
Military Response to 9/11 Questioned - Roberts contends that the Bush administration’s military response to the 9/11 attacks was not necessarily the best, and certainly not the only, possible response. In August 2006, a Washington Post op-ed observed that “[i]t was only natural that the military would take the lead in fighting terrorism after September 11.” Roberts writes that “this simple sentence [is] fraught with assumptions about the dynamics of post-millenial American government. Why is it ‘only natural’ that terrorism is a problem that should be handled only by the military? Other countries have dealt with decades-long terrorist threats and framed the problem in different ways,” with some approaching it as a law-enforcement problem, others from an intelligence perspective, and others by addressing internal security concerns. Few threaten to “take battle to the enemy,” as the Bush administration has done, for the obvious reason that they lack the ability to do so. Roberts posits that had al-Qaeda attacked Sydney in 2001, Australia would not have invaded Afghanistan. The Bush administration seized on a military response to the attacks almost immediately (see September 15, 2001), with the support of most Americans. “Impatience permeated its official statements,” Roberts writes of the administration. This is in part because, he writes, the military is the easiest, most powerful, and least legally constrained of al the tools at the president’s disposal. The US military’s “power, autonomy, and legitimacy heighten its attractiveness as a policy instrument.” [Roberts, 2008, pp. 106-107]
Lacking in Fundamental Rationality - Both the administration and the Pentagon executed the invasion of Iraq, and the overthrow of Saddam Hussein, quite well, he acknowledges, but once that was done, careful, logical planning and systematic execution gave way to ineffective bureaucratic thrashing. “An awareness of capabilities and risks is one of the signposts of rationality in decision-making,” he writes. It is also largely absent in the history of the Bush administration’s approach to the war on terrorism. “The administration followed the rituals of planning, Roberts notes: accounts of its behavior in Iraq are replete with strategy statements, operational plans, priority lists, and ‘megabriefs.‘… Unfortunately, much of this talk and paperwork was administrative flotsam. In reality, the Bush administration did not plan. It could articulate ambitious goals but could not marshal the administrative capacities of its agencies so that their work contributed directly to those goals. It could not induce agencies with overlapping responsibilities to collaborate. It could not anticipate curves in the road. The administration’s problem, Henry Kissinger is reported to have said, was that it ‘did not have a system of national security policy decision-making that ensured careful examination of the downside of major decisions.’”
'Worn Bromides' as Major Lessons - Roberts quotes a 2005 RAND Corporation study that found, “Unity of command and broad participation are both important to the success of stabilizing and reconstriction operations… An active NSC [National Security Council] interagency process [is] necessary to ensure that the State and Defense Departments are acting off the same sheet of paper and to bring forward debate of alternate views and subsequent decision-making on important issues. Policy differences need to be explained and adjucated, if necessary by the president, as the planning process goes forward… Some process for exposing senior officials to possibilities other than those being assumed in their planning also needs to be introduced.” Roberts writes, “It is a damning comment on the quality of governance within the Bush administration that worn bromides such as these could be presented as major lessons from the invasion.” [Roberts, 2008, pp. 132-133]

Entity Tags: Alasdair Roberts, US Department of Defense, Bush administration (43), Henry A. Kissinger, RAND Corporation

Timeline Tags: Iraq under US Occupation

The editorial board of the Seattle Post-Intelligencer calls for a new inquiry into 9/11, as it believes the 9/11 Commission’s investigation may have been compromised. The call is due to a new book by New York Times journalist Philip Shenon, The Commission: The Uncensored History of the 9/11 Commission. The book highlights the close relationship between 9/11 Commission Executive Director Philip Zelikow and the White House, in particular National Security Adviser Condoleeza Rice, as well as an attempt he made to connect Iraq to al-Qaeda. The Post-Intelligencer writes of Zelikow that “[s]omeone with an apparent deference for the White House should not have been trusted with such a valued task.” It comments, “If bulletproof, the book prompts us to add one more thing to our to-do list for the next administration: Pressure it to charge a panel of independent experts to write a real, nonpartisan report on the attacks.” [Seattle Post-Intelligencer, 2/4/2008]

Entity Tags: Condoleezza Rice, Bush administration (43), Philip Shenon, Philip Zelikow, Seattle Post-Intelligencer, 9/11 Commission

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Dick Cheney addressing the CPAC audience.Dick Cheney addressing the CPAC audience. [Source: AP / Evan Vucci]An unrepentant Vice President Dick Cheney tells an audience at the Conservative Political Action Conference (CPAC) that he is proud of his administration’s actions in Iraq. “I have been proud to stand by” President Bush in the war on Iraq and other policy decisions. “And would I support those same decisions today? You’re damn right I would.” Cheney says, “We’re not going to waste a moment” of his and Bush’s last year in office, and promises to “revitalize” the US economy and continue to aggressively pursue the administration’s “war on terror.” Cheney’s speech is a grab-bag of ideas and policies, all extolling the virtues of the current administration. He pushes for making the Bush tax cuts permanent, saying, “Letting the Bush tax cuts expire would be one of the largest government money grabs in American history, and we must not let it happen.” He credits Bush with preventing another massive terrorist attack: “The absence of another 9/11 is not an accident. It is an achievement.” Cheney says that the US’s telecommunications industry must be granted retroactive immunity for civil and criminal claims in its cooperation with the government’s domestic spying program. He claims that the administration’s support of “enhanced” interrogation tactics against suspected terrorists has gleaned critically useful information while avoiding illegal torture tactics. The US “takes human rights seriously” and does “not torture,” he claims. He concludes to riotous applause, “When the last chapter [of history] is written, it will be said that our nation became more prosperous and more secure because George Bush was the president of the United States.” [Chicago Tribune, 2/7/2008]

Entity Tags: Richard (“Dick”) Cheney, Bush administration (43), George W. Bush, Conservative Political Action Conference

Timeline Tags: Iraq under US Occupation

The Defense Department announces that it is bringing death penalty charges against six high-value enemy detainees currently being held at the Guantanamo Bay detention camp. The six, all charged with involvement in the 9/11 attacks, will be tried under the much-criticized military tribunal system (see October 17, 2006) implemented by the Bush administration. They are:
bullet Khalid Shaikh Mohammed, a Pakistani who claims responsibility for 31 terrorist attacks and plots, is believed to have masterminded the 9/11 attacks, and claims he beheaded Wall Street Journal reporter Daniel Pearl (see January 31, 2002). Mohammed was subjected to harsh interrogation tactics by the CIA, including waterboarding.
bullet Ali Adbul Aziz Ali, Mohammed’s nephew and cousin of jailed Islamist terrorist Ramzi Yousef. He is accused of facilitating the attacks by sending $120,000 to US-based terrorists, and helping nine of the hijackers enter the US.
bullet Ramzi Bin al-Shibh, accused of being a link between al-Qaeda and the 9/11 hijackers. Bin al-Shibh is accused of helping some of the hijackers obtain flight training.
bullet Khallad bin Attash, who has admitted planning the attack on the USS Cole (see October 12, 2000) and is accused of running an al-Qaeda training camp in Afghanistan. He claims to have helped in the bombing of the US embassy in Kenya (see 10:35-10:39 a.m., August 7, 1998).
bullet Mustafa Ahmad al-Hawsawi, accused of being a financier of the 9/11 attacks, providing the hijackers with cash, clothing, credit cards, and traveller’s checks.
bullet Mohamed al-Khatani, another man accused of being a “20th hijacker;” al-Khatani was stopped by immigration officials at Orlando Airport while trying to enter the US. He was captured in Afghanistan.
Many experts see the trials as part of an election-year effort by the Bush administration to demonstrate its commitment to fighting terrorism, and many predict a surge of anti-American sentiment in the Middle East and throughout the Islamic world. Some believe that the Bush administration is using the trials to enhance the political fortunes of Republican presidential candidate John McCain, who has made the US battle against al-Qaeda a centerpiece of his campaign. “What we are looking at is a series of show trials by the Bush administration that are really devoid of any due process considerations,” says Vincent Warren, the executive director head of the Center for Constitutional Rights, which represents many Guantanamo detainees. “Rather than playing politics the Bush administration should be seeking speedy and fair trials. These are trials that are going to be based on torture as confessions as well as secret evidence. There is no way that this can be said to be fair especially as the death penalty could be an outcome.”
Treatment of Detainees an Issue - While the involvement of the six detainees in the 9/11 attacks is hardly disputed, many questions surround their treatment at Guantanamo and various secret “black sites” used to house and interrogate terror suspects out of the public eye. Questions are being raised about the decision to try the six men concurrently instead of separately, about the decision to seek the death penalty, and, most controversially, the admissibility of information and evidence against the six that may have been gathered by the use of torture.
Details of Forthcoming Tribunals - While the charges are being announced now, Brigadier General Thomas Hartmann, the Pentagon official supervising the case, acknowledges that it could be months before the cases actually begin, and years before any possible executions would be carried out. Hartmann promises the trials will be “as completely open as possible,” with lawyers and journalists present in the courtroom unless classified information is being presented. Additionally, the six defendants will be considered innocent until proven guilty, and the defendants’ lawyers will be given “every stitch of evidence” against their clients.
'Kangaroo Court' - British lawyer Clive Stafford Smith, who has worked with “enemy combatants” at Guantanamo, believes nothing of what Hartmann says. The procedures are little more than a “kangaroo court,” Stafford Smith says, and adds, “Anyone can see the hypocrisy of espousing human rights, then trampling on them.” Despite Hartmann’s assurances, it is anything but clear just what rights the six defendants will actually have. [Independent, 2/12/2008] The charges against al-Khahtani are dropped several months later (see May 13, 2008).

Entity Tags: Vincent Warren, US Department of Defense, Khallad bin Attash, Daniel Pearl, Clive Stafford Smith, John McCain, Mohamed al-Khatani, Khalid Shaikh Mohammed, Thomas Hartmann, Center for Constitutional Rights, Ramzi Yousef, Ramzi bin al-Shibh, Bush administration (43), Mustafa Ahmed al-Hawsawi, Ali Abdul Aziz Ali, Al-Qaeda

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Steven Bradbury, the head of the Justice Department’s Office of Legal Counsel (OLC), tells the House Judiciary Committee that the Bush administration routinely allowed the CIA to use interrogation tactics that were “quite distressing, uncomfortable, even frightening,” as long as they did not cause enough severe and lasting pain to constitute illegal torture. One of those techniques, waterboarding, is legal and not torture, Bradbury says, because it is a “procedure subject to strict limitations and safeguards.” Those standards and limitations make waterboarding as used by the CIA substantially different from historical uses of the technique as it was employed during the Spanish Inquisition and by the Japanese during World War II. Bradbury, asked if waterboarding violates US and international laws against torture, says it does not. Waterboarding as practiced by the CIA bears “no resemblance” to what torturers in time past have done. “There’s been a lot of discussion in the public about historical uses of waterboarding,” Bradbury says. The “only thing in common is the use of water.” Spanish and Japanese water torture techniques “involved the forced consumption of a mass amount of water.” When asked if he is aware of any “modern use” of waterboarding that involves the “lungs filling with water,” Bradbury says he is not. Bradbury says that the Japanese forced the ingestion of so much water that it was “beyond the capacity of the victim’s stomach.” Weight or pressure was then applied by standing or jumping on the stomach of the victim, sometimes leading to “blood coming of the victim’s mouth.” The Spanish Inquisition would use the technique to the point of “agony or death.” The CIA does not do that, Bradbury says. “Strict time limits” are involved—presumably governing the length of time that interrogators can induce the sensation of drowning. Additionally, “safeguards” and “restrictions” make waterboarding a much more controlled procedure. Together, waterboarding as practiced by the CIA is not torture. However, Bradbury admits that recent Supreme Court decisions have changed the OLC’s analysis, and says that in 2006 the CIA stopped using waterboarding. [TPM Muckraker, 2/14/2008; Washington Post, 2/18/2008]
Bradbury's Comparison 'Obscene' - Bradbury claimed that no water entered the lungs of three al-Qaeda captives subjected to the practice; many believe that those captives had cellophane or cloth over their noses and mouths while waterboarded. Torture experts say that practice poses a serious risk of asphyxiation. Former OLC official Martin Lederman says he finds Bradbury’s testimony “chilling.” Lederman notes that “to say that this is not severe physical suffering—is not torture—is absurd. And to invoke the defense that what the Spanish Inquisition did was worse and that we use a more benign, non-torture form of waterboarding… is obscene.” Human rights experts have said that the CIA’s particular form of waterboarding is similar to those practiced by such regimes as the Khmer Rouge in Cambodia, the French colonial government in Algeria, and the government of Myanmar (Burma). All three of those regimes have been criticized for brutality and flagrant human rights violations. [Washington Post, 2/18/2008]

Entity Tags: Steven Bradbury, Central Intelligence Agency, Bush administration (43), House Judiciary Committee, US Department of Justice, Martin (“Marty”) Lederman, Office of Legal Counsel (DOJ)

Timeline Tags: Torture of US Captives, Civil Liberties

The House of Representatives votes to hold White House Chief of Staff Joshua Bolten and former White House counsel Harriet Miers in contempt of Congress. Bolten and Miers have refused to testify to a House committee investigating the firing of several US attorneys. Many House Republicans walk off the House floor before the vote is cast, ostensibly because they want to work on reauthorizing the Protect America Act (see August 5, 2007) rather than deal with the contempt citation. Minority Leader John Boehner complains, “We have space on the calendar today for a politically charged fishing expedition, but no space for a bill that would protect the American people from terrorists who want to kill us.” [Associated Press, 2/14/2008] “We will not stand for this, and we will not stay for this. And I would ask my House Republican colleagues and those who believe we should be protecting the American people, to not vote on this bill. Let’s just get up and leave.” [Think Progress, 2/14/2008] (Before they walk out, Lincoln Diaz-Balart (R-FL) attempts to disrupt the memorial service for the recently deceased Tom Lantos (D-CA), taking place in Statuary Hall just a few steps from the House chambers, by calling for a procedural vote during the memorial service. An MSNBC reporter says Diaz-Balart’s action is apparently the result of “pique.”) [MSNBC, 2/14/2008] The contempt citation will be forwarded to the US Attorney for the District of Columbia. The two resolutions passed hold Bolten and Miers in contempt, and allow for the House to file a civil suit against the Bush administration to compel the aides’ testimony. “I hope this administration will realize this Congress is serious about its constitutional role of oversight,” says House Speaker Nancy Pelosi (D-CA). Pelosi says she “had hoped that this day would never have come,” and adds that if the White House instructs Justice Department attorneys not to prosecute the contempt citations, “we will have power to go to federal court and seek civil enforcement of our subpoenas.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
White House Conditions 'Beyond Arrogance' - The White House has already said it will not allow the Justice Department to pursue the contempt charges, claiming that the information is off-limits because of executive privilege, and that Bolten and Miers are immune from prosecution. House Democrats such as Judiciary Committee chairman John Conyers (D-MI) had tried for months to work with the White House to win its approval for the aides’ testimony, but were unwilling to accept the White House’s restrictive conditions—investigators would not have been allowed to make transcripts of the testimony, to copy documents presented in the testimony, or to seek any more information after the single session. Pelosi said of the White House’s conditions, “This is beyond arrogance. It’s hubris taken to the ultimate degree.”
Republicans Say Testimony Would 'Undermine' Power of Executive Branch - Republicans such as David Dreier (R-CA) warn that such a case might “undermine the power of the first [executive] branch of government.” [The Hill, 2/14/2008; Associated Press, 2/14/2008]
Miller: Bush Attempting to 'Decide by Decree' - Representative Brad Miller (D-NC) says during the deliberations, “The president cannot decide by decree. The president cannot announce with absolute unreviewable authority what information the administration will provide or withhold. The framers of our Constitution had just fought a war against an autocratic king. It is inconceivable that they intended to create an executive branch with the power the Bush administration now claims and that the minority now supports.” [Speaker of the House, 2/14/2008]

Entity Tags: Harriet E. Miers, Bush administration (43), John Boehner, Joshua Bolten, Brad Miller, US Department of Justice, Tom Lantos, Nancy Pelosi

Timeline Tags: Civil Liberties

The Washington Post publishes an editorial by New York Governor Eliot Spitzer, accusing the Bush administration of protecting predatory lenders from state officials through use of the federal Office of the Comptroller of the Currency (OCC). Spitzer notes that since the OCC’s founding in the 1860s, its function was to monitor the records of national banks and ensure they were balanced. Yet as the current crisis in predatory lending became acute, the OCC used a clause from the 1863 National Bank Act to make all state predatory lending laws inert. In addition, Spitzer asserts that the OCC created new rules making it impossible for state officials to employ their own consumer protection laws against national banks. Spitzer continues to note that when he opened an investigation of the mortgage lending practices of several banks, the OCC brought a federal lawsuit to prevent the inquiry from moving forward. “When history tells the story of the subprime lending crisis and recounts its devastating effects on the lives of so many innocent homeowners,” Spitzer concludes, “the Bush administration… will be judged as a willing accomplice to the lenders who went to any lengths in their quest for profits.” [Washington Post, 2/14/2008]

Entity Tags: Eliot Spitzer, Bush administration (43)

Timeline Tags: Global Economic Crises

With the Protect America Act expiring amid warnings of imminent terror attacks from Bush administration officials and Congressional Republicans (see February 16, 2008 and February 15-17, 2008), most experts outside the administration say its expiration will have little effect on national security. Under the PAA, the government could wiretap domestic phones and computer systems without a warrant, but the legislation was considered a temporary stopgap measure to give Congress and the White House a chance to work together to create new, permanent regulations covering domestic surveillance. The government’s domestic wiretapping program now reverts to the procedures followed for 30 years under the Foreign Intelligence Surveillance Act (FISA), which requires warrants from the FISA Court to engage in surveillance inside the US. Despite administration claims that the paperwork for those warrants is too cumbersome, many experts say that FISA gives the government the tools it needs to spy on terrorists. Timothy Lee from the conservative Cato Institute recalls that the last time FISA was revamped, after the 9/11 attacks, President Bush praised the overhaul, saying it “recognizes the realities and dangers posed by the modern terrorist.” Lee observes: “Those are the rules we’ll be living under after the Protect America Act expires this weekend. There’s no reason to think our nation will be in any more danger in 2008 than it was in 2002, 2003, 2004, 2005, or 2006.” Ben Wittes of the centrist Brookings Institution says that because existing warrantless surveillance begun under the temporary laws could continue for up to a year, the “sky is not falling at all.” Wittes says he is “somewhat bewildered by the apocalyptic rhetoric” of the Bush administration. Many experts note that emergency FISA warrants can, and have, been granted in a matter of minutes, and government eavesdroppers have up to three days to wiretap a phone or computer and then retroactively acquire a warrant. But administration officials have a different view. White House press secretary Dana Perino says the PAA’s expiration “will harm our ability to conduct surveillance to detect new threats to our security, including the locations, intentions and capabilities of terrorists and other foreign intelligence targets abroad.” Perino says that the PAA “temporarily closed” a “dangerous intelligence gap.” House Majority Leader Steny Hoyer (D-MD) calls that warning “categorically false.” Hoyer continues: “In fact, a wide range of national security experts has made clear that the president and our intelligence community have all the tools they need to protect our nation, if the Protect America Act—temporary legislation passed last August—expires.… We believe the president’s rhetoric is inaccurate and divisive, and an attempt to stampede the House of Representatives to rubber-stamp legislation by stoking the fears of the American people. We will not be stampeded.” [Washington Times, 2/16/2008]

Entity Tags: Steny Hoyer, Timothy Lee, George W. Bush, Cato Institute, Bush administration (43), Ben Wittes, Protect America Act, Dana Perino, Foreign Intelligence Surveillance Court, Foreign Intelligence Surveillance Act

Timeline Tags: Civil Liberties

Director of National Intelligence Mike McConnell and Attorney General Michael Mukasey pen a letter to Silvestre Reyes (D-TX, the chairman of the House Intelligence Committee, claiming that because the Democratically led Congress has allowed the Protect America Act (PAA) to expire (see February 16, 2008), the government is losing critically needed intelligence on potential terrorist threats. McConnell and Mukasey do not include any evidence of the claim in their letter. In the six days since the PAA expired, the two write, some of the government’s “partners” in intelligence operations—US telecommunications firms—have “reduced [their] cooperation” in the government’s warrantless wiretapping program. The two officials do not name which firms they say have cut back on their cooperation. The telecom firms are more reluctant to continue their cooperation with the government because they do not have retroactive legal immunity from civil and criminal charges for their cooperation in the past. The Bush administration and Congressional Republicans allowed the PAA to expire rather than approve an extension of the law that did not include an immunity clause (see February 23, 2008). In their letter, McConnell and Mukasey claim that since the Protect America Act lapsed, telecom firms “have delayed or refused compliance with our requests to initiate new surveillances of terrorist and other foreign intelligence targets under existing directives issued pursuant to the Protect America Act.” They add, “Although most partners intend to cooperate for the time being, they have expressed deep misgivings about doing so in light of the uncertainty and have indicated that they may well cease to cooperate if the uncertainty persists.” McConnell and Mukasey write that if Congress does not extend immunity to the telecom firms, the firms will continue to be reluctant to cooperate with the surveillance program: “This uncertainty may well continue to cause us to miss information that we otherwise would be collecting.” A day later, the two retract their claim (see February 23, 2008). Reyes and other Democrats have accused the administration of exaggerating the claims of threats to national security because of their refusal to grant the telecoms immunity; some have accused the administration of “fearmongering” and employing “scare tactics.” [Newsweek, 2/22/2008; Newsweek, 2/22/2008; Politico, 2/22/2008]
Democrats Take 'Strong Offense' to Charges - In a joint statement, Reyes, Senator John D. Rockefeller (D-WV), and other Democrats respond to McConnell and Mukasey’s letter: “Further politicizing the debate, the administration today announced that they believe there have been gaps in security since the Protect America Act expired. They cannot have it both ways; if it is true that the expiration of the PAA has caused gaps in intelligence, then it was irresponsible for the president and congressional Republicans to openly oppose an extension of the law. Accordingly, they should join Democrats in extending it until we can resolve our differences.” [Newsweek, 2/22/2008] Reyes says: “President Bush has just been spoiled dealing with the Republican-controlled Congress before. I take strong offense at the president’s comments that somehow we’re less safe because the Protect America Act expired.” [Politico, 2/22/2008]
Republicans Refuse to Discuss Legislation - Democratic staffers in the House and Senate Intelligence Committees meet today to discuss how to iron out difference between the two chambers’ version of the proposed extension of the PAA; Republican aides refuse to attend. [Associated Press, 2/23/2008] Democrats also charge that, contrary to administration claims of wanting to work with Congress to pass an acceptable update to the law, the White House has refused to supply lawmakers with documents they have requested pertaining to the extension. [Politico, 2/22/2008]

Entity Tags: Mike McConnell, Protect America Act, House Intelligence Committee, Michael Mukasey, Bush administration (43), Silvestre Reyes, John D. Rockefeller

Timeline Tags: Civil Liberties

The Bush administration says all major US telecommunications firms have agreed to cooperate “for the time being” with US intelligence agencies’ wiretapping, regardless of the recent expiration of the Protect America Act (PAA) (see February 16, 2008). According to a joint statement from the Justice Department and the Office of the Director of National Intelligence, wiretaps will resume under the current law “at least for now.” The statement says in part, “Although our private partners are cooperating for the time being, they have expressed understandable misgivings about doing so in light of the ongoing uncertainty and have indicated they may well discontinue cooperation if the uncertainty persists.” Attorney General Michael Mukasey and Director of National Intelligence Mike McConnell said earlier that intelligence agencies have missed critical intelligence because of the expiration of the PAA, a claim they retracted hours later (see February 23, 2008). [Reuters, 2/23/2008]

Entity Tags: Bush administration (43), US Department of Justice, Protect America Act, Office of the Director of National Intelligence

Timeline Tags: Civil Liberties

A day after the director of national intelligence and the attorney general warned that the government is losing critical intelligence on terrorist activities because Congress had not reauthorized the Protect America Act (PAA) (see August 5, 2007), the same two officials now admit that the government is receiving the same intelligence as it did before the PAA expired (see February 16, 2008 and February 22, 2008). Mike McConnell and Michael Mukasey now admit that the nation’s telecommunications firms are still cooperating with the government’s warrantless wiretapping program. “We learned last night after sending [the original] letter that… new surveillances under existing directives issued pursuant to the Protect America Act will resume, at least for now,” Mukasey and McConnell say in a statement. “We appreciate the willingness of our private partners to cooperate despite the uncertainty.” But in the same letter, McConnell and Mukasey contradict themselves, saying, “Unfortunately, the delay resulting from this discussion impaired our ability to cover foreign intelligence targets, which resulted in missed intelligence information.” No one in the White House will give specifics of what intelligence data may have been missed, or how serious it may have been. A Democratic Congressional official says he is skeptical that anything was missed because the law permits continued monitoring of terrorists and their associates regardless of the PAA’s expiration. “This is serious backpedaling by the DNI,” the Democratic official says of McConnell. “He’s been saying for the last week that the sky is falling, and the sky is not falling.” The American Civil Liberties Union’s Caroline Fredrickson, whose organization is suing a number of telecoms for information about the government’s warrantless wiretapping program, says, “In an attempt to get sweeping powers to wiretap without warrants, Republicans are playing politics with domestic surveillance legislation.” [Los Angeles Times, 2/24/2008]

Entity Tags: Bush administration (43), American Civil Liberties Union, Mike McConnell, Protect America Act, Michael Mukasey, Caroline Fredrickson

Timeline Tags: Civil Liberties

Attorney General Michael Mukasey refuses to refer a House contempt citation against two of President Bush’s top officials to a federal grand jury. The House has found former White House counsel Harriet Miers and White House Chief of Staff Joshua Bolten in contempt of Congress for refusing to answer Congressional subpoenas (see February 14, 2008), but Mukasey says neither Bolten nor Miers have committed any crimes. House Speaker Nancy Pelosi (D-CA) has, in return, given the House Judiciary Committee the authority to file a lawsuit against Miers and Bolten in federal court. Mukasey says Bolten and Miers were right to ignore the subpoenas because both were acting at President Bush’s behest. Pelosi retorts: “The American people demand that we uphold the law. As public officials, we take an oath to uphold the Constitution and protect our system of checks and balances and our civil lawsuit seeks to do just that.” Democrats want the filing to move swiftly so that a judge might rule before the November elections; a key tenet of Democratic political strategy is the accusation that the Bush administration has abused its executive powers and considers itself above the law. Bolten and Miers were subpoenaed to testify about the possible political motivations behind the 2006 firings of nine US attorneys. Mukasey agrees with the Bush administration in saying that neither Miers nor Bolten, as officials of the executive branch, are required to answer to Congress for their actions, “The contempt of Congress statute was not intended to apply and could not constitutionally be applied to an executive branch official who asserts the president’s claim of executive privilege,” he writes. “Accordingly, the department has determined that the noncompliance by Mr. Bolten and Ms. Miers with the Judiciary Committee subpoenas did not constitute a crime.” Judiciary Committee chairman John Conyers (D-MI) says of Mukasey’s decision: “Today’s decision to shelve the contempt process, in violation of a federal statute, shows that the White House will go to any lengths to keep its role in the US attorney firings hidden. In the face of such extraordinary actions, we have no choice but to proceed with a lawsuit to enforce the committee’s subpoenas.” [Associated Press, 2/29/2008]

Entity Tags: House Judiciary Committee, Bush administration (43), George W. Bush, John Conyers, Harriet E. Miers, Michael Mukasey, Joshua Bolten, Nancy Pelosi

Timeline Tags: Civil Liberties

A new investigation modeled on the Church Committee, which investigated government spying (see April, 1976) and led to the passage of the Foreign Intelligence Surveillance Act (FISA - see 1978) in the 1970s, is proposed. The proposal follows an amendment to wiretapping laws that immunizes telecommunications companies from prosecution for illegally co-operating with the NSA. A detailed seven-page memo is drafted outlining the proposed inquiry by a former senior member of the original Church Committee.
Congressional Investigative Body Proposed - The idea is to have Congress appoint an investigative body to discover the full extent of what the Bush White House did in the war on terror that may have been illegal and then to implement reforms aimed at preventing future abuses—and perhaps to bring accountability for wrongdoing by Bush officials. Key issues to investigate include:
bullet The NSA’s domestic surveillance activities;
bullet The CIA’s use of rendition and torture against terrorist suspects;
bullet The U.S. government’s use of military assets—including satellites, Pentagon intelligence agencies, and U2 surveillance planes—for a spying apparatus that could be used against people in the US; and
bullet The NSA’s use of databases and how its databases, such as the Main Core list of enemies, mesh with other government lists, such as the no-fly list. A deeper investigation should focus on how these lists feed on each other, as well as the government’s “inexorable trend towards treating everyone as a suspect,” says Barry Steinhardt, the director of the Program on Technology and Liberty for the American Civil Liberties Union (ACLU).
Proposers - The proposal is a product of talks between civil liberties advocates and aides to Democratic leaders in Congress. People consulted about the committee include aides to House Speaker Nancy Pelosi (D-CA) and Judiciary Committee chairman John Conyers (D-MI). The civil liberties organizations include the ACLU, the Center for Democracy and Technology, and Common Cause. However, some Democrats, such as Pelosi, Senate Intelligence Committee chairman John D. Rockefeller (D-WV), and former House Intelligence chairwoman Jane Harman (D-CA), approved the Bush administration’s operations and would be made to look bad by such investigation.
Investigating Bush, Clinton Administrations - In order that the inquiry not be called partisan, it is to have a scope going back beyond the start of the Bush administration to include the administrations of Bill Clinton, George H. W. Bush, and Ronald Reagan. The memo states that “[t]he rise of the ‘surveillance state’ driven by new technologies and the demands of counter-terrorism did not begin with this administration.” However, the author later says in interviews that the scope of abuse under George W. Bush would likely be an order of magnitude greater than under preceding presidents.
'Imagine What We Don't Know' - Some of the people involved in the discussions comment on the rationale. “If we know this much about torture, rendition, secret prisons, and warrantless wiretapping despite the administration’s attempts to stonewall, then imagine what we don’t know,” says a senior Democratic congressional aide who is familiar with the proposal. Steinhardt says: “You have to go back to the McCarthy era to find this level of abuse. Because the Bush administration has been so opaque, we don’t know [the extent of] what laws have been violated.” “It’s not just the ‘Terrorist Surveillance Program,’” says Gregory Nojeim from the Center for Democracy and Technology. “We need a broad investigation on the way all the moving parts fit together. It seems like we’re always looking at little chunks and missing the big picture.”
Effect on Presidential Race Unknown - It is unknown how the 2008 presidential race may affect whether the investigation ever begins, although some think that Democratic candidate Barack Obama (D-IL), said to favor open government, might be more cooperative with Congress than his Republican opponent John McCain (R-AZ). However, a participant in the discussions casts doubt on this: “It may be the last thing a new president would want to do.” [Salon, 7/23/2008]

Entity Tags: Nancy Pelosi, Gregory Nojeim, Center for Democracy and Technology, American Civil Liberties Union, Barry Steinhardt, Bush administration (43), Common Cause, Jane Harman

Timeline Tags: Civil Liberties, Inslaw and PROMIS

The US and Iraqi governments draft an agreement that will provide for an open-ended US military presence in Iraq. The agreement is marked “secret” and “sensitive”; it will be leaked to The Guardian in April. If ratified, the agreement will supplant the UN mandate currently governing the US presence in Iraq. It will give the US the power to “conduct military operations in Iraq and to detain individuals when necessary for imperative reasons of security” without time limits. The authorization is described as “temporary,” and says that the US “does not desire permanent bases or a permanent military presence in Iraq.” However, there is no time limit or restrictions on occupation by US or other coalition forces. The agreement contains no limits on the numbers of US occupation forces, nor does it constrain their actions or bring them under Iraqi law. The agreement goes far beyond long-term US security agreements with other countries such as South Korea. Opposition to the agreement from Iraqi Sunnis and some Shi’ites is expected to be fierce. A knowledgeable Iraqi Sunni says: “The feeling in Baghdad is that this agreement is going to be rejected in its current form.… The government is more or less happy with it as it is, but parliament is a different matter.” It will also face stiff opposition in Washington, with Congressional Democrats such as Senator Hillary Clinton (D-NY) accusing the Bush administration of attempting to tie the hands of the next president by pushing through such a commitment. The agreement goes so far beyond other such commitments that, according to Senator Edward Kennedy (D-MA), it constitutes a treaty between Iraq and the US, and as such, would need to be ratified by Congress. But the White House has no intention of allowing Congress to ratify or deny the agreement (see April 8, 2008). [Guardian, 4/8/2008]

Entity Tags: Hillary Clinton, Bush administration (43), Edward M. (“Ted”) Kennedy

Timeline Tags: Iraq under US Occupation

William Delahunt.William Delahunt. [Source: US House of Representatives]Democratic House members William Delahunt (D-MA) and Rosa DeLauro (D-CT) announce legislation that will prohibit the use of federal funds to implement any long-term diplomatic and security agreement the Bush administration may enter into with the Iraqi government (see March 7, 2008). The Bush administration has not yet acknowledged that such a pact requires the approval of Congress; Delahunt and DeLauro say that such approval is mandated by the Constitution. The White House disagrees, saying that the entire controversy was triggered by what it calls a sloppy Arabic-to-English translation of the “Declaration of Principles” agreed to by President Bush and Prime Minister Nouri al-Maliki (see November 26, 2007); the declaration serves as the basis for the proposed agreement. The declaration states that the US will provide “security assurances and commitments to the Republic of Iraq to deter foreign aggression against Iraq that violates its sovereignty and integrity of its territories, waters or airspace.” Such an agreement would be a long-term military commitment in Iraq and would, therefore, be a treaty. Treaties must be ratified by a two-thirds vote of the Senate. But a senior administration official says the translation of the “security assurances” phrase “was something we struggled with.” He says the original Arabic phrase was “translated in kind of an interesting way,” and a better translation might have been, “We’ll consult.” Democrats are skeptical of the White House explanation. Senator Jim Webb (D-VA) says that when senators were recently briefed on the planned agreement, they “certainly did not speak to this unfortunate translation from Arabic.” Delahunt, who has co-chaired several hearings on the legality of the agreement, says he hasn’t heard this either, and says, “If it’s sloppy language, it borders on irresponsible to use words like ‘security assurances’ or ‘security commitments’ [when] their customary interpretation would be binding.” Bush officials say that Congress was indeed told about the problematic translation. Delahunt says he believes that the administration, having been “outed, if you will” by Congressional oversight, has decided that it is the “safe course” to argue that the words are not what they appear to be. And Webb’s spokeswoman, Jessica Smith, wonders why the White House did not “retranslate” the troublesome phrase before releasing the declaration. A Bush official says that the final version of the agreement will use the phrasing “consult” rather than “security assurances.” “There aren’t many countries that we give security guarantees to,” he says. [Politico, 3/13/2008]

Entity Tags: James Webb, Bush administration (43), George W. Bush, William Delahunt, Jessica Smith, Nouri al-Maliki, Rosa DeLauro

Timeline Tags: Iraq under US Occupation

The American Civil Liberties Union (ACLU), fresh from obtaining the release of a 2003 Justice Department memo that justified torture for US military officials (see April 1, 2008), calls on the Bush administration to release a still-secret Justice Department memo from October 2001 that the 2003 memo used as legal justification to ignore the Fourth Amendment (see October 23, 2001). The Fourth Amendment protects against unlawful search and seizure. The 2001 memo claims that the “Fourth Amendment had no application to domestic military operations.” The ACLU believes that the Fourth Amendment justification “was almost certainly meant to provide a legal basis for the National Security Agency’s warrantless wiretapping program, which President Bush launched the same month the memo was issued” (see Shortly After September 11, 2001-October 2005), a claim the Justice Department denies. The NSA is part of the Defense Department. Jameel Jaffer, director of the ACLU’s National Security Project, says: “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power. The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” No one has ever tried to assert, before this memo was written, that the Fourth Amendment was legally impotent for any reason or justification inside US borders. Jaffer notes that no court has ever ruled that the Fourth Amendment does not apply to the military: “In general, the government can’t send an FBI agent to search your home or listen to your phone calls without a warrant, and it can’t send a soldier to do it, either. The applicability of the Fourth Amendment doesn’t turn on what kind of uniform the government agent is wearing.” The ACLU has known about the October 2001 memo for several months, but until now has not known anything of its contents. In response to a 2007 Freedom of Information lawsuit, the Justice Department acknowledged the existence of “a 37-page memorandum, dated October 23, 2001, from a deputy assistant attorney general in OLC [Office of Legal Counsel], and a special counsel, OLC, to the counsel to the president, prepared in response to a request from the White House for OLC’s views concerning the legality of potential responses to terrorist activity.” The only information publicly known about the memo was that it was related to a request for information about the NSA’s warrantless wiretapping program. The ACLU has challenged the withholding of the October 2001 memo in court. [American Civil Liberties Union, 4/2/2008]

Entity Tags: US Department of Justice, American Civil Liberties Union, Bush administration (43), Jameel Jaffer, National Security Agency, US Department of Defense, Office of Legal Counsel (DOJ)

Timeline Tags: Civil Liberties

The American Civil Liberties Union learns of another Justice Department memo in a Freedom of Information Act (FOIA) response that produces a 2003 memo supporting the use of torture against terror suspects (see April 1, 2008). This 2001 memo (see October 23, 2001), says that the Constitution’s protections against unreasonable searches and seizures—fundamental Fourth Amendment rights—do not apply in the administration’s efforts to combat terrorism. The Bush administration now says it disavows that view.
Background - The memo was written by John Yoo, then the deputy assistant attorney general, and the same lawyer who wrote the 2003 torture memo. It was written at the request of the White House and addressed to then-Attorney General Alberto Gonzales. The administration wanted a legal opinion on its potential responses to terrorist activity. The 37-page memo itself has not yet been released, but was mentioned in a footnote of the March 2003 terror memo. “Our office recently concluded that the Fourth Amendment had no application to domestic military operations,” the footnote states, referring to a document titled “Authority for Use of Military Force to Combat Terrorist Activities Within the United States.”
Relationship to NSA Wiretapping Unclear - It is not clear exactly what domestic military operations the October memo covers, but federal documents indicate that the memo relates to the National Security Agency’s Terrorist Surveillance Program (TSP). The TSP began after the 9/11 attacks, allowing for warrantless wiretaps of phone calls and e-mails, until it stopped on January 17, 2007, when the administration once again began seeking surveillance warrants from the Foreign Intelligence Surveillance Court (see May 1, 2007). White House spokesman Tony Fratto says that the October 2001 memo is not the legal underpinning for the TSP. Fratto says, “TSP relied on a separate set of legal memoranda” outlined by the Justice Department in January 2006, a month after the program was revealed by the New York Times (see February 2001, After September 11, 2001, and December 15, 2005). Justice Department spokesman Brian Roehrkasse says department officials do not believe the October 2001 memo was about the TSP, but refuses to explain why it was included on FOIA requests for documents linked to the TSP.
No Longer Applicable - Roehrkasse says the administration no longer holds the views expressed in the October 2001 memo. “We disagree with the proposition that the Fourth Amendment has no application to domestic military operations,” he says. “Whether a particular search or seizure is reasonable under the Fourth Amendment requires consideration of the particular context and circumstances of the search.” The ACLU’s Jameel Jaffer is not mollified. “The recent disclosures underscore the Bush administration’s extraordinarily sweeping conception of executive power,” he says. “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” He continues, “Each time one of these memos comes out you have to come up with a more extreme way to characterize it.” The ACLU has filed a court suit to challenge the government’s withholding of the memo. [Associated Press, 4/3/2008] Another civil rights group, the Electronic Frontier Foundation, joins the ACLU in challenging the memo (see April 2, 2008).

Entity Tags: Jameel Jaffer, Brian Roehrkasse, American Civil Liberties Union, Alberto R. Gonzales, Bush administration (43), Foreign Intelligence Surveillance Court, Terrorist Surveillance Program, US Department of Justice, John C. Yoo, Electronic Frontier Foundation, Tony Fratto

Timeline Tags: Civil Liberties

Rolling Stone’s Tim Dickinson berates former Justice Department lawyer John Yoo for his defense of his 2003 advocacy of torture (see April 2, 2008), joining retired military officials (see April 2-4, 2008) and legal experts (see April 2-6, 2008). Dickinson writes, “I’m literally sick” over Yoo’s memo. He characterizes Yoo’s “evil circularity” of logic as: “The Fifth Amendment’s due process protections and Eighth Amendment’s prohibitions against cruelty do not apply a) to aliens abroad and b) are rendered meaningless by the president’s totalitarian powers during time of war. And if the president is above the constitution, he’s certainly above the law.” Dickinson notes that some of the federal statutes rendered inoperative by the power of the commander in chief, Yoo wrote, include assault, maiming, interstate stalking, war crimes, and torture. Furthermore: “If foreign detainees held on foreign soil have no protection from US law, what about international law? Well, says Yoo, the Geneva Conventions do not require anything more of the United States than what is provided for in the Fifth and Eighth Amendments, which as we just learned do not apply to foreign detainees. Furthermore: ‘international law is not federal law and the president is free to override it at his discretion.’ To recap: The president is unbound by international law—ever—and not constrained by either federal law or the Constitution in his role as commander in chief, which gives him carte blanche authority to have illegal enemy combatants who are detained on foreign soil assaulted, maimed, tortured, and otherwise subjected to war crimes, so long as the president deems it necessary or in ‘self-defense’ of the nation.” [Rolling Stone, 4/2/2008]

Entity Tags: John C. Yoo, Bush administration (43), Geneva Conventions, US Department of Justice, Tim Dickinson

Timeline Tags: Iraq under US Occupation

The American Civil Liberties Union (ACLU), responding to a recently released Justice Department memo authorizing a wide array of torture techniques against detainees in US custody (see April 1, 2008), decries both the authorization of torture as an acceptable interrogation methodology and “the Bush administration’s extraordinarily sweeping conception of executive power.” ACLU lawyer Jameel Jaffer adds: “The administration’s lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the US. They believe that the president should be above the law.” [American Civil Liberties Union, 4/2/2008]

Entity Tags: American Civil Liberties Union, US Department of Justice, Jameel Jaffer, Bush administration (43)

Timeline Tags: Torture of US Captives

The Congressional Quarterly reports on a growing body of evidence that indicates US interrogators are using mind-altering drugs on prisoners suspected of terrorist ties. The evidence is not yet conclusive, but reporter Jeff Stein writes: “There can be little doubt now that the government has used drugs on terrorist suspects that are designed to weaken their resistance to interrogation. All that’s missing is the syringes and videotapes.”
Connection to Yoo Memo - The idea that the US might be using hallucinogenic or other drugs on detainees in Guantanamo and other US detention facilities was bolstered by the recent revelation of another “torture memo,” this one written in 2003 by then-Justice Department lawyer John Yoo (see March 14, 2003). Yoo wrote that US interrogators could use mind-altering drugs on terror suspects as long as the drugs did not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” Yoo first rationalized the use of drugs on prisoners in earlier “torture memos” (see January 9, 2002 and August 1, 2002).
Criticism - Stephen Miles, a bioethicist and author of a recent book detailing medical complicity in US torture of suspected terrorists, notes: “The new Yoo memo, along with other White House legal memoranda, shows clearly that the policy foundation for the use of interrogational drugs was being laid. The recent memo on mood-altering drugs does not extend previous work on this area. The use of these drugs was anticipated and discussed in the memos of January and February 2002 by [Defense Department, Justice Department], and White House counsel using the same language and rationale. The executive branch memos laid a comprehensive and reiterated policy foundation for the use of interrogational drugs.” Jeffrey Kaye, a clinical psychologist who works with torture victims through Survivors International, says plainly: “Yes, I believe [drugs] have been used. I came across some evidence that they were using mind-altering drugs, to regress the prisoners, to ascertain if they were using deception techniques, to break them down.”
Varieties of Drugs and Placebos Being Used? - It is well known that US military personnel often use sedatives on shackled and hooded prisoners on “rendition” flights from Middle Eastern countries to Guantanamo. There is no hard evidence to support claims that US interrogators are using hallucinogenic drugs such as LSD on detainees. However, Michael Caruso, who represents suspected al-Qaeda operative Jose Padilla (see May 8, 2002), filed a motion last year asserting that his client “was given drugs against his will, believed to be some form of lysergic acid diethylamide (LSD) or phencyclidine (PCP), to act as a sort of truth serum during his interrogations.” Caruso had no proof to back up his claim.
KUBARK - Stein notes that a 1963 CIA interrogation manual, code-named KUBARK, advocated the use of placebos as well as real drugs on prisoners. And Michael Gelles, a psychologist with the Naval Criminal Investigative Institute who has spoken out against the abuse of prisoners at Guantanamo, says that he never saw anything related to drugs. “I never saw that raised as an issue,” he says. Hallucinogens such as LSD do not make subjects tell the truth. According to KUBARK, “Their function is to cause capitulation, to aid in the shift from resistance to cooperation.”
Winging It - In July 2003, the CIA, the RAND Corporation, and the American Psychological Association hosted a workshop that explored the question of using drugs to “affect apparent truth-telling behavior” (see June 17-18, 2003). After 9/11, top Bush administration officials pushed military commanders for quick intelligence but, according to a recent study, the interrogators unsure how to use harsher methodologies (see December 2006) and began “mak[ing] it up on the fly.”
Guantanamo - Guantanamo staff judge advocate Lieutenant Colonel Diane Beaver says that some of the interrogators drew inspiration from the popular TV drama 24 (see Fall 2006). Beaver makes no mention of drugs being used, but Ewe Jacobs, the director of Survivors International, says she may not have seen or heard about their use. “The Guantanamo camps were isolated from one another,” he says. What happened in one part of the facility may not have been known in other areas. Miles adds, “I suspect that most of the use of interrogational drugs was by CIA and Special Ops interrogators, and thus still remains classified.”
Credibility Issues - As with victims of the CIA’s MK-ULTRA program from the 1960s and 70s, when unwitting subjects were dosed with hallucinogenic drugs and their reactions catalogued and observed, the detainees who may have been forcibly given such drugs will likely not be believed by many. Absent hard evidence, many will consider the detainees either “looney,” in Stein’s words, or liars. Few believe that Padilla was drugged. And, Stein concludes, “Even fewer will believe the other prisoners, a number of whom are deranged from prolonged interrogation—if they ever get out.” [Congressional Quarterly, 4/4/2008]

Entity Tags: Jose Padilla, Ewe Jacobs, Diane E. Beaver, Central Intelligence Agency, Bush administration (43), American Psychological Association, Jeff Stein, John C. Yoo, Richard (“Dick”) Cheney, US Department of the Army, Jeffrey Kaye, Stephen Miles, RAND Corporation, Michael Caruso, Michael Gelles, Survivors International

Timeline Tags: Torture of US Captives

The New York Times’s editorial board berates former Justice Department lawyer John Yoo for his defense of his 2003 advocacy of torture (see April 2, 2008), joining retired military officials (see April 2-4, 2008) and legal experts (see April 2-6, 2008). The board writes: “You can often tell if someone understands how wrong their actions are by the lengths to which they go to rationalize them. It took 81 pages of twisted legal reasoning to justify President Bush’s decision to ignore federal law and international treaties and authorize the abuse and torture of prisoners. Eighty-one spine-crawling pages in a memo that might have been unearthed from the dusty archives of some authoritarian regime and has no place in the annals of the United States. It is must reading for anyone who still doubts whether the abuse of prisoners were rogue acts rather than calculated policy.… The purpose of the March 14 memo was equally insidious: to make sure that the policy makers who authorized those acts, or the subordinates who carried out the orders, were not convicted of any crime.… Reading the full text, released this week, makes it startlingly clear how deeply the Bush administration corrupted the law and the role of lawyers to give cover to existing and plainly illegal policies.… When the abuses at Abu Ghraib became public, we were told these were the depraved actions of a few soldiers. The Yoo memo makes it chillingly apparent that senior officials authorized unspeakable acts and went to great lengths to shield themselves from prosecution.” [New York Times, 4/4/2008]

Entity Tags: Bush administration (43), Geneva Conventions, John C. Yoo, US Department of Justice, New York Times

Timeline Tags: Torture of US Captives, Civil Liberties

Author and former civil litigator Glenn Greenwald writes that he is angered, but not particularly shocked, at the US mainstream media’s failure to provide in-depth, extensive coverage of the recently released 2003 torture memo (see March 14, 2003 and April 1, 2008) and another memo asserting that the Bush administration had declared the Fourth Amendment null and void in reference to “domestic military operations” inside the US (see April 2, 2008). Greenwald also notes the lack of coverage of a recent puzzling comment by Attorney General Michael Mukasey about 9/11 (see March 27, 2008). Instead, Greenwald notes, stories about the Democratic presidential campaign (including criticism over Barack Obama’s relationship with his former pastor, Jeremiah Wright, and Obama’s recent bowling scores) have dominated press coverage. According to a recent NEXIS search, these various topics have been mentioned in the media in the last thirty days:
bullet “Yoo and torture” (referring to John Yoo, the author of the two memos mentioned above)—102.
bullet “Mukasey and 9/11”—73.
bullet “Yoo and Fourth Amendment”—16.
bullet “Obama and bowling”—1,043.
bullet “Obama and Wright”—More than 3,000 (too many to be counted).
bullet “Obama and patriotism”—1,607.
bullet “Clinton and Lewinsky”—1,079. [Salon, 4/5/2008]
(For the record, on March 30, Obama went bowling in Pennsylvania during a campaign stop, in the company of Senator Bob Casey (D-PA). Newsmax is among the many media outlets that provided play-by-play coverage of Obama’s abysmal performance on the lanes—he scored a 37. The site reported that Obama lost “beautifully” and was “way out of his league.”) [NewsMax, 3/31/2008]
Media Attacks Obama's 'Elitism' - The Washington Post’s Howard Kurtz gives over much of his column to a discussion of Obama’s eating and bowling habits, making the argument, according to Greenwald, that Obama is “not a regular guy but an arrogant elitist.” Kurtz defends his argument by compiling a raft of “similar chatter about this from Karl Rove” and others. Bloomberg’s Margaret Carlson spent a week’s worth of columns calling Obama’s bowling his biggest mistake, a “real doozy.” MSNBC reported that Obama went bowling “with disastrous consequences.” Greenwald notes that the media “as always,” takes “their personality-based fixations from the right, who have been promoting the Obama is an arrogant, exotic, elitist freak narrative for some time.” In this vein, Time’s Joe Klein wrote of what he called Obama’s “patriotism problem,” saying that “this is a chronic disease among Democrats, who tend to talk more about what’s wrong with America than what’s right.” Greenwald notes, “He trotted it all out—the bowling, the lapel pin, Obama’s angry, America-hating wife, ‘his Islamic-sounding name.’” Greenwald calls the media fixation on Obama’s bowling and his apparent failure to be a “regular guy” another instance of their “self-referential narcissism—whatever they sputter about is what ‘the people’ care about, and therefore they must keep harping on it, because their chatter is proof of its importance. They don’t need Drudge to rule their world any longer because they are Matt Drudge now.” [Salon, 4/5/2008]

Entity Tags: Michael Mukasey, Matt Drudge, Richard (“Dick”) Cheney, MSNBC, Joe Klein, Barack Obama, Bob Casey, Jr, Bush administration (43), George W. Bush, Glenn Greenwald, Margaret Carlson, Jeremiah A. Wright Jr, Howard Kurtz, NewsMax

Timeline Tags: Torture of US Captives, Domestic Propaganda, 2008 Elections

The press reports that, beginning in the spring of 2002, top Bush administration officials approved specific details about how terrorism suspects would be interrogated by the CIA. The officials issued their approval as part of their duties as the National Security Council’s Principals Committee (see April 2002 and After). [ABC News, 4/9/2008] The American Civil Liberties Union’s Caroline Fredrickson says: “With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House. This is what we suspected all along.” [Associated Press, 4/10/2008]

Entity Tags: Caroline Fredrickson, Bush administration (43), Principals Committee, American Civil Liberties Union

Timeline Tags: Torture of US Captives, Civil Liberties

John Conyers.John Conyers. [Source: Public domain / US Congress]Democrats in Congress lambast the Bush administration over recent disclosures that senior White House officials specifically approved the use of extreme interrogation measures against suspected terrorists (see April 2002 and After). Senator Edward Kennedy (D-MA) calls the news “yet another astonishing disclosure about the Bush administration and its use of torture.… Who would have thought that in the United States of America in the 21st century, the top officials of the executive branch would routinely gather in the White House to approve torture? Long after President Bush has left office, our country will continue to pay the price for his administration’s renegade repudiation of the rule of law and fundamental human rights.” [Associated Press, 4/10/2008] John Conyers (D-MI), chairman of the House Judiciary Committee, calls the actions “a stain on our democracy.” Conyers says his committee is considering subpoenaing members of the Principals, and perhaps the author of the torture memo, John Yoo (see August 1, 2002), to testify about the discussions and approvals. [Progressive, 4/14/2008]

Entity Tags: George W. Bush, Bush administration (43), Edward M. (“Ted”) Kennedy, John Conyers, John C. Yoo

Timeline Tags: Torture of US Captives, Civil Liberties

The American Civil Liberties Union (ACLU) calls for an independent counsel to investigate President Bush and his current and former top officials over their involvement in approving torture against terror suspects held captive by US military and intelligence personnel (see April 2002 and After and April 11, 2008). The ACLU’s executive director, Anthony Romero, says: “We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the president himself and authorization from his top advisers only confirms our worst fears. It is a very sad day when the president of the United States subverts the Constitution, the rule of law, and American values of justice.” The ACLU’s Caroline Frederickson adds: “No one in the executive branch of government can be trusted to fairly investigate or prosecute any crimes since the head of every relevant department, along with the president and vice president, either knew [of] or participated in the planning and approval of illegal acts. Congress cannot look the other way; it must demand an independent investigation and independent prosecutor.” Romero says the ACLU is offering legal assistance to any terrorism suspect being prosecuted by the US: “It is more important than ever that the US government, when seeking justice against those it suspects of harming us, adhere to our commitment to due process and the rule of law. That’s why the ACLU has taken the extraordinary step to offer our assistance to those being prosecuted under the unconstitutional military commissions process.” [American Civil Liberties Union, 4/12/2008]

Entity Tags: Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Caroline Frederickson, George W. Bush

Timeline Tags: Torture of US Captives, Civil Liberties

Ruth Conniff.Ruth Conniff. [Source: PBS]Columnist and veteran news commentator Ruth Conniff writes in the Progressive that she is disturbed both by the news that senior Bush officials signed off on the use of specific torture methods against al-Qaeda suspects in US custody (see April 2002 and After), and by the fact that the mainstream media, with notable exceptions, has virtually ignored the story. Between this story and the follow-up that President Bush himself knew of the discussions and approvals (see April 11, 2008), Conniff asks: “Why is this not bigger news? Remember when the nation was brought to a virtual standstill over Bill Clinton’s affair with a White House intern? We now have confirmation that the president of the United States gave the OK for his national security team to violate international law and plot the sordid details of torture. The Democrats in Congress should be raising the roof.” [Progressive, 4/14/2008]

Entity Tags: Al-Qaeda, Bush administration (43), Ruth Conniff

Timeline Tags: Torture of US Captives, Domestic Propaganda

Katrina vanden Heuvel.Katrina vanden Heuvel. [Source: PBS]The editor of The Nation, Katrina vanden Heuvel, pens an incensed op-ed about the Pentagon’s recently revealed propaganda campaign designed to manipulate public opinion concerning Iraq (see April 20, 2008 and Early 2002 and Beyond). Vanden Heuvel calls the operation “an all out effort at the highest levels of the Bush administration, continuing to this day, to dupe, mislead and lie to the American people—using propaganda dressed up and cherry-picked as independent military analysis.” Vanden Heuvel calls for an “investigation by all relevant Congressional committees—from Intelligence to Armed Services. The networks must also be held accountable for their role in duping Americans.” She writes that networks should immediately “fire those analysts who concealed their links and then refuse to hire analysts, military or other, without full conflict of interest disclosures. (They should also open up the airwaves, which belong to the people, to a full range of views!)” The analysts themselves “should be hauled up before the judgment of the institution they claim to revere and represent. [T]hese corrupt men… violated a sacred trust, putting their wallet, their access and the Pentagon above their duty and honor to the men and women they claim to revere.” [Nation, 4/20/2008]

Entity Tags: Katrina vanden Heuvel, The Nation, Bush administration (43), US Department of Defense

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Former NBC analyst Kenneth Allard.Former NBC analyst Kenneth Allard. [Source: New York Times]The New York Times receives 8,000 pages of Pentagon e-mail messages, transcripts and records through a lawsuit. It subsequently reports on a systematic and highly orchestrated “psyops” (psychological operations) media campaign waged by the Defense Department against the US citizenry, using the American media to achieve their objectives. At the forefront of this information manipulation campaign is a small cadre of retired military officers known to millions of TV and radio news audience members as “military analysts.” These “independent” analysts appear on thousands of news and opinion broadcasts specifically to generate favorable media coverage of the Bush administration’s wartime performance. The group of officers are familiar faces to those who get their news from television and radio, billed as independent analysts whose long careers enable them to give what New York Times reporter David Barstow calls “authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.” However, the analysts are not nearly as independent as the Pentagon would like for Americans to believe. Barstow writes: “[T]he Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse—an instrument intended to shape terrorism coverage from inside the major TV and radio networks.… These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.”
Administration 'Surrogates' - The documents repeatedly refer to the analysts as “message force multipliers” or “surrogates” who can be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.” According to the records, the administration routinely uses the analysts as, in Barstow’s words, “a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents.” When news articles revealed that US troops in Iraq were dying because of inadequate body armor (see March 2003 and After), a senior Pentagon official wrote to his colleagues, “I think our analysts—properly armed—can push back in that arena.” In 2005, Ten analysts were flown to Guantanamo to counter charges that prisoners were being treated inhumanely; the analysts quickly and enthusiastically repeated their talking points in a variety of television and radio broadcasts (see June 24-25, 2005).
Ties to Defense Industry - Most of the analysts, Barstow writes, have deep and complex “ties to military contractors vested in the very war policies they are asked to assess on air.” The analysts and the networks almost never reveal these business relationships to their viewers; sometimes even the networks are unaware of just how deep those business connections extend. Between then, the fifty or so analysts “represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.” Some of the analysts admit to using their special access to garner marketing, networking, and business opportunities. John Garrett, a retired Marine colonel and Fox News analyst, is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including from Iraq. In company promotional materials, Garrett says that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Garrett’s access and experience helps him “to know in advance—and in detail—how best to meet the needs” of the Defense Department and other agencies. Garrett calls this an inevitable overlap between his various roles, and says that in general, “That’s good for everybody.”
Exclusive Access to White House, Defense Officials - The analysts have been granted unprecedented levels of access to the White House and the Pentagon, including:
bullet hundreds of private briefings with senior military officials, including many with power over contracting and budget matters;
bullet private tours of Iraq;
bullet access to classified information;
bullet private briefings with senior White House, State Department, and Justice Department officials, including Vice President Dick Cheney, former Attorney General Alberto Gonzales, and National Security Adviser Stephen Hadley.
Conversely, analysts who do not cooperate take a risk. “You’ll lose all access,” says CBS military analyst and defense industry lobbyist Jeffrey McCausland.
Quid Pro Quo - Fox News analyst and retired Army lieutenant colenel Timur Eads, who is vice president of government relations for Blackbird Technologies, a rapidly growing military contractor, later says, “We knew we had extraordinary access.” Eads confirms that he and other analysts often held off on criticizing the administration for fear that “some four-star [general] could call up and say, ‘Kill that contract.’” Eads believes that he and the other analysts were misled about the Iraqi security forces, calling the Pentagon’s briefings about those forces’ readiness a “snow job.” But Eads said nothing about his doubts on television. His explanation: “Human nature.” Several analysts recall their own “quid pro quo” for the Pentagon in the months before the invasion (see Early 2003). And some analysts were far more aboveboard in offering quid pro quos for their media appearances. Retired Army general Robert Scales, Jr, an analyst for Fox News and National Public Radio, and whose consulting company advises several firms on weapons and tactics used in Iraq, asked for high-level Pentagon briefings in 2006. In an e-mail, he told officials: “Recall the stuff I did after my last visit. I will do the same this time.”
Repeating White House Talking Points - In return, the analysts have, almost to a man, echoed administration talking points about Iraq, Afghanistan, and Iran, even when some of them believed the information they were given was false or inflated. Some now acknowledge they did so—and continue to do so—for fear of losing their access, which in turn jeopardizes their business relationships. Some now regret their participation in the propoganda effort, and admit they were used as puppets while pretending to be independent military analysts. Bevelacqua says, “It was them saying, ‘We need to stick our hands up your back and move your mouth for you.’” Former NBC analyst Kenneth Allard, who has taught information warfare at the National Defense University, calls the campaign a sophisticated information operation aimed, not at foreign governments or hostile populaces, but against the American people. “This was a coherent, active policy,” he says (see Late 2006). The Pentagon denies using the military analysts for propaganda purposes, with spokesman Bryan Whitman saying it was “nothing other than an earnest attempt to inform the American people.” It is “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department,” Whitman says. And other analysts, such as McCausland, say that they never allowed their outside business interests to affect their on-air commentaries. “I’m not here representing the administration,” McCausland says. Some say they used their positions to even criticize the war in Iraq. But according to a close analysis of their performances by a private firm retained by the Pentagon to evaluate the analysts, they performed to the Pentagon’s complete satisfaction (see 2005 and Beyond).
Enthusiastic Cooperation - The analysts are paid between $500 and $1,000 per appearance by the networks, but, according to the transcripts, they often speak as if the networks and the media in general are the enemy. They often speak of themselves as operating behind enemy lines. Some offered the Pentagon advice on how to outmaneuver the networks, or, as one said to then-Defense Secretary Donald Rumsfeld, “the Chris Matthewses and the Wolf Blitzers of the world.” Some alerted Pentagon officials of planned news stories. Some sent copies of their private correspondence with network executives to the Pentagon. Many enthusiastically echoed and even added to administration talking points (see Early 2007). [New York Times, 4/20/2008] Several analysts say that based on a Pentagon briefing, they would then pitch an idea for a segment to a producer or network booker. Sometimes, the analysts claim, they even helped write the questions for the anchors to ask during a segment. [New York Times, 4/21/2008]
Consequences and Repercussions - Some of the analysts are dismayed to learn that they were described as reliable “surrogates” in Pentagon documents, and some deny that their Pentagon briefings were anything but, in the words of retired Army general and CNN analyst David Grange, “upfront information.” Others note that they sometimes disagreed with the administration on the air. Scales claims, “None of us drink the Kool-Aid.” Others deny using their access for business gain. Retired general Carlton Shepperd says that the two are “[n]ot related at all.” But not all of the analysts disagree with the perception that they are little more than water carriers for the Pentagon. Several recall being chewed out by irate defense officials minutes after their broadcasts, and one, retired Marine colonel Wiliam Cowan of Fox News, recalls being fired—by the Pentagon, not by Fox—from his analyst position after issuing a mild criticism of the Pentagon’s war strategies (see August 3-4, 2005). [New York Times, 4/20/2008]

Entity Tags: Thomas G. McInerney, Stephen J. Hadley, Timur Eads, wvc3 Group, William Cowan, Robert Scales, Jr, US Department of Defense, Robert Bevelacqua, Robert Maginnis, Richard (“Dick”) Cheney, CBS News, CNN, Carlton Shepperd, David Barstow, David Grange, Bush administration (43), Bryan Whitman, Fox News, Jeffrey McCausland, Alberto R. Gonzales, New York Times, Donald Rumsfeld, National Public Radio, Kenneth Allard, John Garrett, NBC, Rick Francona

Timeline Tags: US Military, Events Leading to Iraq Invasion, Iraq under US Occupation, Domestic Propaganda

In the hours following the New York Times’s article about the Pentagon’s propaganda operation using retired military officers to promote the Iraq war and the Bush administration’s policies (see April 20, 2008 and Early 2002 and Beyond), a number of press officials express their concerns over the operation and the media’s role in it. The report “raises a red flag,” says Cox Newspapers bureau chief Andy Alexander. The editorial page editors at the Times and the Washington Post, both of which have published op-eds by some of the same retired officers cited in the Times story, say the report raises concerns about such access. The Times’s editorial page editor, Andrew Rosenthal, says, “It makes you suspicious, absolutely.” Rosenthal’s bureau printed at least nine op-eds by some of the generals cited in the report. “When generals write for you now, you have to look at that. But you have to do that anyway. Anybody who participated in that program has to be scrutinized more closely.” Rosenthal’s counterpart at the Post, Fred Hiatt, whose pages have run at least one such op-ed, says, “Retired generals are entitled to speak out like anyone else, but I would have the same expectation of them to disclose anything that might be relevant.” He goes on to defend the Post op-ed, written by retired general Barry McCaffrey, saying that McCaffrey’s words demonstrate his independence from the propaganda operation. Rosenthal also defends his paper’s publication of the nine op-eds and also states that the writers clearly demonstrate their independence. Rosenthal refuses to divulge the names of eight of the nine op-ed authors. Neither the Times nor the Post ever disclosed the close ties their writers maintained with the Pentagon, nor did they disclose their ties to an array of military contractors. Rosenthal says that such connections are irrelevant because their op-eds were not necessarily about Iraq: “There is no instance in which a general who attended a briefing at the Pentagon repeated it on our Op-Ed pages.” He also says that none of the authors have any conflicts in their business relationships. The Times will probably continue to use retired officers for commentary, Rosenthal says. McClatchy News bureau chief John Walcott says that as long as the public knows who is writing a particular op-ed and what their connections are, publishing material from retired military officers is acceptable: “The reader is entitled to know where this or that commentator is coming from on an issue. It doesn’t necessarily disqualify them from commentating, it must be transparent.” [Editor & Publisher, 4/21/2008]

Entity Tags: US Department of Defense, Andy Alexander, Andrew Rosenthal, Barry McCaffrey, Bush administration (43), Cox Communications, Fred Hiatt, Washington Post, McClatchy News, New York Times, John Walcott

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Defense Secretary Robert Gates urges retired officers serving as “independent military analysts” for the news networks to make it clear that they are speaking for themselves, not their military services, in supporting political candidates, giving opinions, or providing commentary. Gates’s remarks come on the heels of a New York Times report that documents an overarching propaganda campaign by the Pentagon to use such “independent” analysts to promote the Iraq war and the Bush administration’s policies (see April 20, 2008 and Early 2002 and Beyond). Gates says he sees nothing wrong with the Pentagon briefing such retired officers to prepare them for their network appearances. “I did read the article,” he says. “And frankly, I couldn’t quite tell how much of it was a political conflict of interest or a financial conflict of interest. The one service they owe everybody is making clear that they’re speaking only for themselves.” His main concern, he says, is “when they are referred to by their title, the public doesn’t know whether they are active duty or retired officers because those distinctions tend to get blurred.” [Agence France-Presse, 4/21/2008]

Entity Tags: US Department of Defense, Bush administration (43), Robert M. Gates

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

William Arkin.William Arkin. [Source: New York Times]Washington Post columnist William Arkin writes that from 1999 until late 2007, he was a military analyst for NBC News, “one of the few non-generals in that role.” Arkin writes that he worked with several generals retained by NBC and MSNBC, “and found them mostly to be valuable.” Arkin writes that “[t]he problem is not necessarily that the networks employ former officers as analysts, or that the Pentagon reaches out to them. The larger problem is the role these general play, not just on TV but in American society. In our modern era, not-so-old soldiers neither die nor fade away—they become board members and corporate icons and consultants, on TV and elsewhere, and even among this group of generally straight-shooters, there is a strong reluctance to say anything that would jeopardize their consulting gigs or positions on corporate boards.”
McCaffrey a Consistent Voice of Criticism - Retired general Barry McCaffrey (see April 21, 2003) stands out in Arkin’s recollection as one of the most consistent critics of the Pentagon, “and to this day he is among the most visible of the paid military analysts on television.” Arkin recalls McCaffrey as well-informed and sincere, but writes that “much of his analysis of Iraq in 2003 was handicapped by a myopic view of ground forces and the Army, and by a dislike of then-Secretary of Defense Donald Rumsfeld that was obvious and outspoken. (To be fair to McCaffrey, few former or active duty generals read the war or its aftermath correctly.)”
Analysts 'Invaluable' during Hostilities - In 2003, the reporters and camera crews embedded in the particular military units “gave an almost-live view of a war at the tactical level.” The generals were on the air to make sense of the ground-level tactical information, and translate it into a more general understanding of events and strategies. “The generals would use their knowledge and plumb their contacts to get a sense of what the divisions and corps and the coalition formations were doing at a higher level.” Arkin writes that, considering the obfuscation and deliberate deception routinely practiced by Rumsfeld and US commander General Tommy Franks, “the generals were invaluable. When they made the effort, they could go places and to sources that the rest of us couldn’t. That the Pentagon was ‘using’ them to convey a line is worrisome for the public interest but not particularly surprising.”
Pushing the Pentagon's Viewpoint - Arkin continues: “On the war itself—on the actions of the US military in March and April of 2003—there was an official line that was being pushed by the Pentagon and the White House. I’m not convinced that the generals (at least those who were serving at NBC) were trumpeting an official line that was being fed to them, but neither am I convinced that their ‘experience’ or professional expertise enabled them to analyze the war any better than non-generals or the correspondents in Washington or out in the field.” McCaffrey stands out in Arkin’s mind as one analyst who “publicly lambasted the war plan—during a time of war! In the grand scheme of things, though, I’m not sure that McCaffrey was right—and I’m not sure that having more troops then, given our assumptions about what would happen in postwar Iraq and our ignorance of the country and its dynamics, would have made much of a difference. In other words, we still could have won the battle and lost the war.”
Diminished Value as Occupation Continued - Once “major” fighting was over and other issues besides battlefield outcomes dominated the news—the disastrous occupation, the developing insurgency, the torture of prisoners—“the value of the American generals as news commentators diminished significantly,” Arkin writes. “They were no longer helping us to understand battles. They were becoming enmeshed in bigger political and public policy and partisan battles, and as ‘experts’ on the military, they should have known better not to step too far outside their lane. The networks should also have known this, and indeed they did learn eventually, as there are certainly far fewer generals on the payroll today than there were at the height of the ‘fighting.’”
A Broader Perspective - Arkin concludes: “It’s now clear that in the run-up to the war, during the war in 2003 and in its aftermath, we would have all benefited from hearing more from experts on Iraq and the Middle East, from historians, from anti-war advocates. Retired generals play a role, an important one. But for the networks, they played too big of a role—just as the ‘military’ solutions in Iraq play too big of a role, just as the military solutions in the war against terrorism swamp every other approach.” [Washington Post, 4/22/2008]

Entity Tags: Thomas Franks, US Department of Defense, Donald Rumsfeld, Bush administration (43), Barry McCaffrey, William Arkin, MSNBC, NBC

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The Center for Media and Democracy’s John Stauber and author Sheldon Rampton lambast the Pentagon for its recently revealed propaganda program that, in their words, “embed[s] military propagandists directly into the TV networks as on-air commentators” (see April 20, 2008 and Early 2002 and Beyond). But Stauber and Rampton are even more critical of the media’s refusal to deal with the story. They note, “In 1971, when the [New York] Times printed excerpts of the Pentagon Papers on its front page (see March 1971), it precipitated a constitutional showdown with the Nixon administration over the deception and lies that sold the war in Vietnam. The Pentagon Papers issue dominated the news media back then. Today, however, [New York Times reporter David] Barstow’s stunning report is being ignored by the most important news media in America—TV news—the source where most Americans, unfortunately, get most of their information. Joseph Goebbels, eat your heart out. Goebbels is history’s most notorious war propagandist, but even he could not have invented a smoother PR vehicle for selling and maintaining media and public support for a war…”
Journalistic Standards Violated - According to the authors, the news outlets who put these analysts on the air committed “a glaring violation of journalistic standards.” They cite the code of ethics of the Society of Professional Journalists, which enjoins journalists and news outlets to:
bullet Avoid conflicts of interest, real or perceived;
bullet Remain free of associations and activities that may compromise integrity or damage credibility;
bullet Refuse gifts, favors, fees, free travel and special treatment, and shun secondary employment, political involvement, public office and service in community organizations if they compromise journalistic integrity;
bullet Disclose unavoidable conflicts;
bullet Be vigilant and courageous about holding those with power accountable;
bullet Deny favored treatment to advertisers and special interests and resist their pressure to influence news coverage; and
bullet Be wary of sources offering information for favors or money.
Networks' Silence a 'Further Violation of Public Trust' - The networks who used these analysts observed none of these fundamental ethical guidelines. “They acted as if war was a football game and their military commentators were former coaches and players familiar with the rules and strategies,” Stauber and Rampton write. “The TV networks even paid these “analysts” for their propaganda, enabling them to present themselves as ‘third party experts’ while parroting White House talking points to sell the war.” Stauber and Rampton call the networks’ decision to almost completely ignore the story a further “violation… of the public trust…” They fix much of the blame for the Iraq debacle on the media, noting that the war “would never have been possible had the mainstream news media done its job. Instead, it has repeated the big lies that sold the war. This war would never have been possible without the millions of dollars spent by the Bush administration on sophisticated and deceptive public relations techniques such as the Pentagon military analyst program that David Barstow has exposed.” [PRWatch, 4/25/2008]

Entity Tags: Joseph Goebbels, Society of Professional Journalists, New York Times, John Stauber, David Barstow, Center for Media and Democracy, Nixon administration, Sheldon Rampton, US Department of Defense, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

In recent letters to Congress, the Justice Department has suggested that the Geneva Conventions’ ban on “outrages against personal dignity” does not automatically apply to terrorism suspects in the custody of US intelligence agencies (see August 8, 2007 and March 6, 2008). The letters are just now being made public, with Senator Ron Wyden (D-OR) making them available to the Washington Post. Last year, Wyden asked the Justice Department to provide an explanation for President Bush’s 2007 executive order authorizing the CIA to continue using so-called “harsh interrogation techniques” on detainees (see July 20, 2007) even as Bush claimed US interrogators would always observe Geneva restrictions. The department responded with several letters that reasserted the Bush administration’s contentions that it is not bound by domestic law or international treaties in deciding how the Geneva Conventions apply to the interrogation of terror suspects. [Washington Post, 4/27/2008; Voice of America, 4/27/2008]
'Humane Treatment' Subject to Interpretation, Circumstances - The Justice Department acknowledges that the US is bound by Common Article 3 of the Conventions, which requires that a signatory nation treat its detainees humanely; however, the letters say that the definition of “humane treatment” can be interpreted in a variety of ways, and can depend on the detainee’s identity and the importance of the information he possesses. In a letter written to a Democrat on the Senate Intelligence Committee, the principal deputy assistant attorney general, Brian Benczkowski, wrote, “Some prohibitions… such as the prohibition on ‘outrages against personal dignity,’ do invite the consideration of the circumstances surrounding the action.” The government can weigh “the identity and information possessed by a detainee” in deciding whether to use harsh and potentially inhumane techniques, according to Benczkowski. A suspect with information about a future attack, for example, could and possibly would be subjected to extreme treatment, he says, and notes that a violation of the Geneva Conventions would only occur if the interrogator’s conduct “shocks the conscience” because it is out of proportion to “the government interest involved.” He continued, “The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act.” Furthermore, any action defined as an “outrage upon personal dignity” must be deliberate and involve an “intent to humiliate and degrade.”
Government Arguments 'Appalling,' Says Senator - A spokeswoman for Wyden, Jennifer Hoelzer, says that the administration’s contention that the Geneva Conventions can be selectively applied is “stunning.” Hoelzer says: “The Geneva Convention in most cases is the only shield that Americans have when they are captured overseas. And for the president to say that it is acceptable to interpret Geneva on a sliding scale means that he thinks that it is acceptable for other countries to do the same. Senator Wyden—and I believe any other reasonable individual—finds that argument appalling.” Law professor Scott Silliman, who teaches national security law at Duke University, agrees with Wyden’s assessments. He notes, “What they are saying is that if my intent is to defend the United States rather than to humiliate you, than I have not committed an offense.” An anonymous Justice Department official disagrees. “I certainly don’t want to suggest that if there’s a good purpose you can head off and humiliate and degrade someone. The fact that you are doing something for a legitimate security purpose would be relevant, but there are things that a reasonable observer would deem to be outrageous.” However, he adds, “there are certainly things that can be insulting that would not raise to the level of an outrage on personal dignity.” Wyden states that if the US is subjective in deciding what is and isn’t compliant under Geneva, then other countries will do the same to US prisoners in their custody. “The cumulative effect in my interpretation is to put American troops at risk,” he says. [Washington Post, 4/27/2008; New York Times, 4/27/2008] He adds that the letters help make the case for a law that explicitly puts the CIA interrogations under the same restrictions as the military, or another set of clear standards. [Wall Street Journal, 4/27/2008]
'Full Compliance' - The CIA refuses to comment on Benczkowski’s memo, but spokesman Mark Mansfield says the CIA’s detainee program “has been and continues to be in full compliance with the laws of our country.” He adds, “The program has disrupted terrorist plots and has saved lives.” [Washington Post, 4/27/2008; New York Times, 4/27/2008]

Entity Tags: Geneva Conventions, Mark Mansfield, Brian A. Benczkowski, Bush administration (43), Central Intelligence Agency, George W. Bush, US Department of Justice, Ron Wyden, Senate Intelligence Committee, Jennifer Hoelzer

Timeline Tags: Torture of US Captives, Civil Liberties

Authors and columnists Diane Farsetta and Sheldon Rampton show that the Pentagon’s recently revealed covert propaganda program using “independent military analysts” to promulgate Pentagon viewpoints about Iraq and the war on terror (see April 20, 2008 and Early 2002 and Beyond) is “not only unethical but illegal.”
Congress Prohibitions Since 1951 - According to every appropriations bill passed by Congress since 1951, “No part of any appropriation contained in this or any other Act shall be used for publicity or propaganda purposes within the United States not heretofore authorized by the Congress.”
Congressional Research Service Finds Government-Funded Propaganda Illegal - A March 2005 report by the Congressional Research Service defines “publicity or propaganda” as either “self-aggrandizement by public officials… purely partisan activity… covert propaganda.” Farsetta and Rampton explain, “By covert propaganda, GAO [the Government Accountability Office] means information which originates from the government but is unattributed and made to appear as though it came from a third party.” The GAO has determined that government-funded video news releases (VNRs) are illegal when an agency such as the Defense Department fails “to identify itself as the source of a prepackaged news story [and thusly] misleads the viewing public by encouraging the viewing audience to believe that the broadcasting news organization developed the information. The prepackaged news stories are purposefully designed to be indistinguishable from news segments broadcast to the public. When the television viewing public does not know that the stories they watched on television news programs about the government were in fact prepared by the government, the stories are, in this sense, no longer purely factual—the essential fact of attribution is missing.” Farsetta and Rampton argue that the supposedly “independent” commentary by the complicit analysts is little different from the VNRs. The GAO has also noted, “The publicity or propaganda restriction helps to mark the boundary between an agency making information available to the public and agencies creating news reports unbeknownst to the receiving audience.”
Justice Department Finds Propaganda Cannot be Funded by Government - And in 2005, the Justice Department’s Office of Legal Counsel (OLC) found that after the Bush administration had been caught paying pundits to write op-eds favorable of administration policies, “OLC determined in 1988 that a statutory prohibition on using appropriated funds for ‘publicity or propaganda’ precluded undisclosed agency funding of advocacy by third-party groups. We stated that ‘covert attempts to mold opinion through the undisclosed use of third parties’ would run afoul of restrictions on using appropriated funds for ‘propaganda.’” Farsetta and Rampton write: “The key passage here is the phrase, ‘covert attempts to mold opinion through the undisclosed use of third parties.’ As the [New York] Times report documented in detail, the Pentagon’s military analyst program did exactly that.” [PRWatch, 4/28/2008]
Pentagon Says Program Legal - Former Pentagon spokesman Lawrence Di Rita says the program is simply a “mirror image” of the Pentagon’s program of embedding journalists with combat units in the field, and Pentagon spokespersons insist that the program was merely to ensure that the US citizenry was well informed about the war. [New York Times, 4/21/2008]

Entity Tags: Sheldon Rampton, US Department of Defense, US Department of Justice, Diane Farsetta, Congressional Research Service, Bush administration (43), Government Accountability Office, Office of Legal Counsel (DOJ)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Brian Williams.Brian Williams. [Source: The Onion.com]NBC News anchor Brian Williams staunchly defends NBC’s use of two military analysts, Barry McCaffrey and the late Wayne Downing, in his response to recent stories about the Pentagon’s well-orchestrated propaganda campaign using retired military officers to promote the Bush administration’s agenda in the mainstream media (see April 20, 2008 and Early 2002 and Beyond). Williams notes that he quickly became friends with both analysts, and toured Iraq four times with Downing. Williams says that neither Downing nor McCaffrey ever “gave what I considered to be the party line,” and both, particularly McCaffrey, often criticized the administration’s policies in Iraq. He calls them “tough, honest critics of the US military effort in Iraq,” “passionate patriots,” and “honest brokers” of information. He says that when they went to the Pentagon for briefings, “[t]hey never came back spun, and never attempted a conversion.” He calls them “warriors-turned-analysts, not lobbyists or politicians.” Williams also lauds a third military analyst, retired Army colonel Jack Jacobs. Jacobs, a Medal of Honor winner, is a “rock-solid” analysts who “has never hesitated to take a whack at the Pentagon brass.” After his defense of NBC’s analysts, Williams writes: “I think it’s fair, of course, to hold us to account for the military analysts we employ, inasmuch as we can ever fully know the ‘off-duty’ actions of anyone employed on an ‘of counsel’ basis by us. I can only account for the men I know best. The Times article was about the whole lot of them—including instances involving other networks and other experts, who can answer for themselves. At no time did our analysts, on my watch or to my knowledge, attempt to push a rosy Pentagon agenda before our viewers. I think they are better men than that, and I believe our news division is better than that.” [MSNBC, 4/29/2008]

Entity Tags: Bush administration (43), Barry McCaffrey, Brian Williams, US Department of Defense, Jack Jacobs, NBC, Wayne Downing

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Author Tom Engelhardt, reflecting on the recent exposure of the Pentagon’s propaganda campaign using retired military officers to promote the Iraq war (see April 20, 2008 and Early 2002 and Beyond), writes that this is but one of possibly many such operations. The others, if they exist, remain to be exposed. The military analysts operation is “unlikely to have been the only one,” Engelhardt writes. He has his suspicions:
Selling the 'Surge' - “We don’t yet fully know the full range of sources the Pentagon and this administration mustered in the service of its ‘surge,’” he writes, though he notes how quickly General David Petraeus, the commander of US forces in Iraq, was to turn to the analysts for support in their nightly news broadcasts (see April 29, 2008).
Sunnis and Shi'ites - Engelhardt notes that it is possible that a similar propaganda campaign helped transform Iraqi Sunni insurgents into heroes—“Sons of Iraq”—if they joined the “Awakening” movement, or members of “al-Qaeda in Mesopotamia” if they did not join the movement. Similarly, it may have been a propaganda campaign that encouraged the media to quickly label every Shi’ite rebel as an Iranian agent.
Iran's Influence - “We don’t know what sort of administration planning has gone into the drumbeat of well-orchestrated, ever more intense claims that Iran is the source of all the US’s ills in Iraq, and directly responsible for a striking percentage of US military deaths there,” Engelhardt writes. The New York Times recently reported that, according to “senior officers” in the US military in Baghdad’s Green Zone, 73% of attacks on US troops in the past year were caused by roadside bombs planted by so-called “special groups,” a euphemism for Iraqi Shi’ites trained by Iran.
Guided Tours - Many influential Washington insiders have been given carefully orchestrated tours of Iraq by the Pentagon, including former military figures, prominent think tank analysts, journalists, pundits, and Congressional representatives. Many of them have been granted a special audience with Petraeus and his top commanders; many have subsequently lauded the “surge” (see January 10, 2007) and praised the US policies in Iraq.
Successful Marketing Campaign - Engelhardt writes, “Put everything we do know, and enough that we suspect, together and you get our last ‘surge’ year-plus in the US as a selling/propaganda campaign par excellence. The result has been a mix of media good news about ‘surge success,’ especially in ‘lowering violence,’ and no news at all as the Iraq story grew boringly humdrum and simply fell off the front pages of our papers and out of the TV news (as well as out of the Democratic Congress). This was, of course, a public relations bonanza for an administration that might otherwise have appeared fatally wounded. Think, in the president’s terminology, of victory—not over Shi’ite or Sunni insurgents in Iraq, but, once again, over the media at home. None of this should surprise anyone. The greatest skill of the Bush administration has always been its ability to market itself on ‘the home front.’ From September 14, 2001, on, through all those early ‘mission accomplished’ years, it was on the home front, not in Afghanistan or Iraq, that administration officials worked hardest, pacifying the media, rolling out their own “products”, and establishing the rep of their leader and ‘wartime’ commander-in-chief.” [Asia Times, 4/29/2008]
Second Author Concurs - Author and Salon commentator Glenn Greenwald concurs with Engelhardt. Greenwald writes, “It should also be noted that this military analyst program is but one small sliver of the Pentagon’s overall media management effort, which, in turn, is but one small sliver of the administration’s general efforts to manipulate public opinion. We’re only seeing these documents and the elaborate wrongdoing they establish because the [New York Times] was so dogged in attempting to compel the [Pentagon] to disclose them, even while the Pentagon fought tenaciously to avoid having to do so, to the point where they were threatened with sanctions by a federal judge. But this is just one discrete, isolated program. Most of what this government has done—including, certainly, its most incriminating behavior—remains concealed by the unprecedented wall of secrecy behind which this administration operates.” [Salon, 5/12/2008]

Entity Tags: US Department of Defense, Glenn Greenwald, Al-Qaeda in Iraq, Tom Engelhardt, Awakening (Iraq), David Petraeus, Bush administration (43)

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Reporter Eric Brewer asks White House spokesman Dana Perino about recent reports of the Pentagon’s systematic propaganda operation to manipulate public opinion about the war in Iraq (see April 20, 2008 and Early 2002 and Beyond). After briefly summarizing the story, Brewer asks, “[D]id the White House know about and approve of this operation?” Perino stumbles through her initial response before recovering: “Look, I didn’t know—look, I think that you guys should take a step back and look at this—look, [the Defense Department] has made a decision, they’ve decided to stop this program (see April 26, 2008). But I would say that one of the things that we try to do in the administration is get information out to a variety of people so that everybody else can call them and ask their opinion about something. And I don’t think that that should be against the law. And I think that it’s absolutely appropriate to provide information to people who are seeking it and are going to be providing their opinions on it. It doesn’t necessarily mean that all of those military analysts ever agreed with the administration. I think you can go back and look and think that a lot of their analysis was pretty tough on the administration. That doesn’t mean that we shouldn’t talk to people.” [White House, 4/30/2008; Raw Story, 4/30/2008]

Entity Tags: Bush administration (43), Eric Brewer, US Department of Defense, Dana Perino

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

The memo from Rumsfeld to Hadley.The memo from Rumsfeld to Hadley. [Source: Department of Defense] (click image to enlarge)White House Press Secretary Dana Perino denies that the White House had any prior knowledge of the Pentagon’s Iraq propaganda operation (see April 20, 2008 and Early 2002 and Beyond). A reporter asks, “Did the White House know about the program?” Perino answers, “I just said: no.” [Raw Story, 5/14/2008] But a memo in the Pentagon’s own “document dump” about the program (see May 9, 2008) proves otherwise. A July 12, 2005 memo from Donald Rumsfeld to Deputy National Security Adviser Stephen Hadley reads, “Attached is a summary of the effects of the military analysts we took down to GTMO [Guantanamo] earlier this month.” Rumsfeld was presumably referring to the Pentagon-sponsored trip to Guantanamo (see June 24-25, 2005 that was carefully analyzed for its effects in manipulating the media (see June 24, 2005). [Rolling Stone, 5/15/2008]

Entity Tags: Donald Rumsfeld, Stephen J. Hadley, US Department of Defense, Bush administration (43), Dana Perino

Timeline Tags: US Military, Iraq under US Occupation, Domestic Propaganda

Former Bush administration press secretary Scott McClellan, in his book What Happened, provides his observations on the so-called “liberal media.” McClellan writes: “I’m often asked about the ‘liberal media’ critique. Is it true? Is the problem with Washington in part a result of the fact that left-wing journalists are, in effect, at war with conservative politicians and trying to bring them down? My answer is always the same.”
Less Pronounced Leftward Tilt to Reporting - “It’s probably true that most reporters, writers, and TV journalists are personally liberal or leftward leaning, and tend to vote Democratic,” he writes. “Polls and surveys of media professionals bear this out (see February 24, 2009). But this tilt to the left has probably become less pronounced in recent years, with the ascendancy of a wider variety of news sources, including Fox News.… And more important, everything I’ve seen, both as White House press secretary and as a longtime observer of the political scene and the media, suggests that any liberal bias actually has minimal impact on the way the American public is informed.” McClellan notes that, in his opinion, “the vast majority of reporters—including those in the White House press corps—are honest, fair-minded, and professional. They try hard to tell all sides of the stories they report (see March 6, 2003), and they certainly don’t treat information or statements coming from a conservative administration with excessive harshness or exaggerated skepticism. And even when a bit of bias does seep through, I believe the public sees it exactly for what it is.”
Press Corps 'Too Deferential to the White House' regarding Iraq - McClellan writes: “We in the Bush administration had no difficulty in getting our messages out to the American people. If anything, the national press corps was probably too deferential to the White House and the administration in regard to the most important decision facing the nation during my years in Washington, the choice over whether to go to war with Iraq. The collapse of the administration’s rationale for war, which became apparent months after our invasion, should have never come as such a surprise. The public should have been made much more aware, before the fact, of the uncertainties, doubts, and caveats that underlay the intelligence about the regime of Saddam Hussein. The administration did little to convey those nuances to the people; the press should have picked up the slack but largely failed to do so because their focus was elsewhere—on covering the march to war instead of the necessity of war. In this case, the ‘liberal case’ didn’t live up to its reputation. If it had, the country would have been better served.”
'Liberal-Oriented Media ... a Good Thing' for Countering Right-Leaning Administrations - He continues: “I’ll even go a step further. I’m inclined to believe that a liberal-oriented media in the United States should be viewed as a good thing. When I look back at the last several presidential administrations—the two Bushes, Bill Clinton, Ronald Reagan, Jimmy Carter, Gerald Ford—I see conservative/centrist leaders, either right of center or just left of center, who pursued mainstream policies designed to satisfy the vast bulk of middle-class American voters. All of these presidents were at least moderate on economic policy, generally pro-business in their orientation, and within the mainstream in most other issues, from foreign policy to education to the environment. And the Congressional leaders they worked with were, generally speaking, from the same mold—conservative or centrist. Over the past 50 years, there have been no flaming liberals in positions of greatest power in American politics.”
'Comforting the Afflicted and Afflicting the Comfortable' - “Under these circumstances, a generally liberal or left-leaning media can serve an important, useful role,” McClellan writes. “It can stand up for the interests of people and causes that get short shrift from conservative or mainstream politicians: racial and ethnic minorities, women, working people, the poor, the disenfranchised. As the old saying goes, a liberal reporter ought to take up the cause of ‘comforting the afflicted and afflicting the comfortable,’ speaking out on issues that otherwise would be neglected or ignored, exposing wrongdoing, and helping to keep the powerful in government and business honest.”
Welcomes 'Skeptical, Untrusting' Media - McClellan continues: “Furthermore, I welcome media that are skeptical and untrusting. The more so the better—as long as they are honest and fair. Those who are in positions of power should have to continually earn the trust of the governed. They should be constantly challenged to prove their policies are right, to prove they can be trusted, and to prove they are accountable. That is the way we are more likely to get to the important, sometimes hard truth.”
Fixation on 'Controversy' Obscures 'Larger Truths' - He concludes: “So I don’t agree with those who excoriate the ‘liberal media.‘… The real problem with the national media is their overemphasis on controversy, the excessive focus on who is winning and who is losing in Washington, and the constant search for something or someone to pick on and attack. These bad habits too often cause the larger truths that matter most to get lost in the mix.” [McClellan, 2008, pp. 156-158]

Entity Tags: Scott McClellan, Bush administration (43), Fox News

Timeline Tags: Domestic Propaganda

Former Bush administration press secretary Scott McClellan, reflecting on the buildup to the Iraq invasion, says that President Bush “managed the [Iraq] crisis in a way that almost guaranteed that the use of force would become the only feasible option.” Between the increasingly belligerent rhetoric, the UN ultimatum (see September 12, 2002), and the “massive buildup of American arms and military forces in the region, which, for logistical reasons, couldn’t remain in the area indefinitely without being used,” war became the only viable option. McClellan blames Bush’s advisers as much as Bush, and observes: “[D]uring the buildup to war, the president’s advisers allowed his own hands to be tied, putting Bush in a position where avoiding conflict was more difficult than launching it. By creating this enormous momentum for war, the president and his advisers achieved several things. He made the job of his political opponents extraordinarily difficult, putting those who opposed the war in the position of arguing against what was almost a fait accompli. He trapped Saddam Hussein in a shrinking box, making it less and less acceptable for the dictator to continue to temporize and play games with his neighbors. He forced other countries… to make hard decisions as to whether or not they would permit a US-led invasion absent a clear imminent threat. Most important, the White House forestalled any debate about the fundamental goals and long-term plans for such an invasion. By pushing so hard on the WMD issue, reducing the larger issue of the future of the Middle East into a short-term emergency threat that must be dealt with now, the president and his advisers avoided having to discuss the big issues of what would happen after the invasion. Who would rule Iraq? How would the region respond? How long would the United States have to remain on the ground? How would tensions among the nation’s ethnic and religious groups be resolved? Few of these questions ever appeared on the national radar screen during the run-up to war. But they would come back to haunt the president, and the nation, in years to come, when it became clear that the stated rationales for war—the WMD threat and Iraq’s link to terrorism—were less than convincing. The lack of candor underlying the campaign for war would severely undermine the president’s entire second term in office.” [McClellan, 2008, pp. 142-144]

Entity Tags: Bush administration (43), George W. Bush, United Nations, Scott McClellan

Timeline Tags: Events Leading to Iraq Invasion

Society of Professional Journalists logo.Society of Professional Journalists logo. [Source: Society of Professional Journalists]Executives of the Society of Professional Journalists (SPJ) urge the US media to hold their military analysts to the same ethical standards that journalists are required to meet concerning possible conflicts of interests, financial ties, and relationships with government agencies. The warnings come after the exposure of a Pentagon propaganda operation involving retired military officers being hired by television news broadcasters and using their position to promote the Bush administration’s war policies (see April 20, 2008 and Early 2002 and Beyond). SPJ president Clint Brewer says: “The Pentagon’s practices to co-opt military analysts should end and be replaced by an honest, open dialogue with representatives of the media about the facts of the war. In addition, the country’s news organizations should disclose the ties of their analysts both past and present. America’s news media should hold these analysts to the same ethical tests they would any journalist.” [Editor & Publisher, 5/12/2008]

Entity Tags: US Department of Defense, Bush administration (43), Society of Professional Journalists, Clint Brewer

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

An editorial from the St. Petersburg Times rails against the recently revealed Pentagon propaganda operation that uses retired military officers to promote the administration’s policies in Iraq (see April 20, 2008 and Early 2002 and Beyond). “We were duped,” the editorial begins, and calls the Pentagon program a “spin operation.” The retired military officers serving as network analysts “are not as independent or as objective as they are portrayed,” the editorial continues. “They are feeding the public the Bush administration line just as they have been encouraged to do. The shilling then bought them plum access to the Pentagon that could be traded on later, giving them a leg up in securing large military contracts for their companies and clients.” The editorial calls the networks and cable news outlets that hired and televised these analysts “enablers in this propaganda campaign,” and lambasts them for not bothering to investigate their analysts’ connections to either the Defense Department or to defense contractors with vested interests in Iraq: “These former military officers were unlikely to give a fair reading of the war in Iraq when their corporate clients were paying huge sums for friendly Pentagon access so they could win business off the war.” [St. Petersburg Times, 5/12/2008]

Entity Tags: Bush administration (43), St. Petersburg Times, US Department of Defense

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

Washington Post political reporter and columnist Dan Froomkin, in an online chat with Post readers, gets the following question: “It looks like the Pentagon may have been behind ‘planting’ retired officers as analysts for news outlets (see April 20, 2008 and Early 2002 and Beyond). Do you think this can be tied to the White House? Is their any evidence of White House involvement?” Froomkin responds, “There’s no question at all that the Pentagon organized it. As for White House involvement, that’s a very good question. There’s no hard evidence thus far, but I’m not sure anyone’s really digging for it—and it’s hard to imagine they weren’t plugged in to some extent.” [Washington Post, 5/14/2008]

Entity Tags: US Department of Defense, Bush administration (43), Dan Froomkin

Timeline Tags: Iraq under US Occupation, Domestic Propaganda

The American Civil Liberties Union (ACLU) responds to a just-released Justice Department report about prisoner abuse at Guantanamo and in US-run prisons in Iraq and Afghanistan (see May 20, 2008). “Today’s OIG [Office of the Inspector General] report reveals that top government officials in the Defense Department, CIA, and even as high as the White House turned a blind eye to torture and abuse and failed to act aggressively to end it,” says ACLU executive director Anthony Romero. “Moreover, the country’s top law enforcement agency—the FBI—did not take measures to enforce the law but only belatedly reported on the law’s violations. It’s troubling that the government seems to have been more concerned with obscuring the facts than with enforcing the law and stopping the torture and abuse of detainees. Had the government taken action in 2002, perhaps the disgrace of Abu Ghraib and other abuses could have been avoided.” Senior ACLU official Caroline Fredrickson says: “Attorney General Michael Mukasey recently testified to Congress that he cannot prosecute anyone for anything approved by Justice Department opinions that authorized detainee abuse (see February 7, 2008). But no one gets immunity for acts they should have known were illegal. The filtering up of information from FBI agents to high government officials makes claims of immunity even more incredulous.” And ACLU senior legislative counsel Christopher Anders says: “This new report should become exhibit A at the next Congressional hearing on the Bush administration’s use of torture. The House Judiciary Committee is in the middle of the first thorough Congressional review of the development and implementation of the torture policies at the top levels of government. The questions are who did what and what crimes were committed. This Justice Department report helps answer both questions.” [American Civil Liberties Union, 5/20/2008]

Entity Tags: Christopher Anders, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, House Judiciary Committee, US Department of Justice, Michael Mukasey, US Department of Defense, Caroline Fredrickson

Timeline Tags: Torture of US Captives

The House Judiciary Committee releases a May 5 letter written to Chairman John Conyers (D-MI) by the Justice Department’s Office of Professional Responsibility (OPR—see May 5, 2008). The letter advises Conyers that OPR is investigating “allegations of selective prosecution relating to the prosecutions of Don Siegelman, Georgia Thompson, and Oliver Diaz and Paul Minor.” The House and Senate Judiciary Committees are investigating widespread allegations of politically-driven prosecutions by the Justice Department under the Bush administration. Former Governor Don Siegelman (D-AL) is facing bribery charges. Georgia Thompson is a former Wisconsin state employee convicted of corruption by US Attorney Steven Biskupic (see April 14, 2007), but who was set free after an appeals court found the case against her irreparably flawed. Diaz, a former Mississippi State Supreme Court justice, and Minor, a Mississippi lawyer, were both prosecuted by US Attorney Dunn Lampton, and the cases for both are being investigated by the House Judiciary Committee as being possibly driven by partisan political interests. [TPM Muckraker, 2/25/2008; TPM Muckraker, 5/22/2008; Talking Points Memo, 2011]

Entity Tags: John Conyers, Bush administration (43), Don E. Siegelman, House Judiciary Committee, Senate Judiciary Committee, Steven M. Biskupic, Oliver Diaz, Paul Minor, Dunn O. Lampton

Timeline Tags: Civil Liberties

Thirty-one Iraqi legislators write a letter to House Speaker Nancy Pelosi (D-CA) and the entire US Congress emphasizing that their government has no intention of signing any security agreement with the US that does not include a specific timetable for the withdrawal of US troops. The US government is working to hammer out an agreement between itself and the Iraqi government that would provide for some temporary (see March 7, 2008) or permanent (see June 5, 2008) US presence in Iraq. On June 4, Representative William Delahunt (D-MA) will release the letter. The letter reads in part, “[T]he majority of Iraqi representatives strongly reject any military-security, economic, commercial, agricultural, investment or political agreement with the United States that is not linked to clear mechanisms that obligate the occupying American military forces to fully withdraw from Iraq, in accordance with a declared timetable and without leaving behind any military bases, soldiers or hired fighters.” [US House of Representatives, 5/29/2008; Politico, 6/4/2008]

Entity Tags: Nancy Pelosi, William Delahunt, Bush administration (43)

Timeline Tags: Iraq under US Occupation

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