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Profile: Defense Intelligence Agency (DIA)
Defense Intelligence Agency (DIA) was a participant or observer in the following events:
President Nixon meets with FBI Director J. Edgar Hoover, CIA Director Richard Helms, and the heads of the NSA and DIA to discuss a proposed new domestic intelligence system. His presentation is prepared by young White House aide Tom Charles Huston (derisively called “Secret Agent X-5” behind his back by some White House officials). The plan is based on the assumption that, as Nixon says, “hundreds, perhaps thousands, of Americans—mostly under 30—are determined to destroy our society.” Nixon complains that the various US intelligence agencies spend as much time battling with one another over turf and influence as they do working to locate threats to national security both inside and outside of the country. The agencies need to prove the assumed connections between the antiwar demonstrators and Communists. The group in Nixon’s office will now be called the “Interagency Committee on Intelligence,” Nixon orders, with Hoover chairing the new ad hoc group, and demands an immediate “threat assessment” about domestic enemies to his administration. Huston will be the White House liaison. Historian Richard Reeves will later write: “The elevation of Huston, a fourth-level White House aide, into the company of Hoover and Helms was a calculated insult. Nixon was convinced that both the FBI and the CIA had failed to find the links he was sure bound domestic troubles and foreign communism. But bringing them to the White House was also part of a larger Nixon plan. He was determined to exert presidential control over the parts of the government he cared most about—the agencies dealing with foreign policy, military matters, intelligence, law, criminal justice, and general order.” [Reeves, 2001, pp. 229-230]
A team of young, mid-level CIA and DIA analysts, informally dubbed “Team A,” debates the neoconservative/hardline group of outside “analysts” known as “Team B” (see Early 1976) over the CIA’s estimates of Soviet military threats and intentions. The debate is a disaster for the CIA’s group. Team B uses its intellectual firepower and established reputations of members such as Richard Pipes and Paul Nitze to intimidate, overwhelm, and browbeat the younger, more inexperienced CIA analysts. “People like Nitze ate us for lunch,” recalls one member of Team A. “It was like putting Walt Whitman High versus the [NFL’s] Redskins. I watched poor GS-13s and GS-14s [middle-level analysts with modest experience and little real influence] subjected to ridicule by Pipes and Nitze. They were browbeating the poor analysts.” Howard Stoertz, the national intelligence officer who helped coordinate and guide Team A, will say in hindsight, “If I had appreciated the adversarial nature [of Team B], I would have wheeled up different guns.” Team A had prepared for a relatively congenial session of comparative analysis and lively discussion; Team B had prepared for war.
Ideology Trumps Facts - Neither Stoertz nor anyone else in the CIA appreciated how thoroughly Team B would let ideology and personalities override fact and real data. While CIA analysts are aware of how political considerations can influence the agency’s findings, the foundation of everything they do is factual—every conclusion they draw is based on whatever facts they can glean, and they are leery of extrapolating too much from a factual set. Team A is wholly unprepared for B’s assault on their reliance on facts, a line of attack the CIA analysts find incomprehensible. “In other words,” author Craig Unger will write in 2007, “facts didn’t matter.” Pipes, the leader of Team B, has argued for years that attempting to accurately assess Soviet military strength is irrelevant. Pipes says that because it is irrefutable that the USSR intends to obliterate the US, the US must immediately begin preparing for an all-out nuclear showdown, regardless of the intelligence or the diplomatic efforts of both sides. Team B is part of that preparation. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Intelligence expert John Prados, who will examine the contesting reports, later says that while the CIA analysts believe in “an objective discoverable truth,” the Team B analysts engaged in an “exercise of reasoning from conclusions” that they justify, not in factual, but in “moral and ideological terms.” According to Prados’s analysis, Team B had no real interest in finding the truth. Instead, they employed what he calls an adversarial process similar to that used in courts of law, where two sides present their arguments and a supposedly impartial judge chooses one over the other. Team B’s intent was, in essence, to present the two opposing arguments to Washington policy makers and have them, in author J. Peter Scoblic’s words, “choose whichever truth they found most convenient.” [Scoblic, 2008, pp. 98]
Attacking the Intelligence Community - The first sentence of Team B’s report is a frontal assault on the US intelligence community. That community, the report says, had “substantially misperceived the motivations behind Soviet strategic programs, and thereby tended consistently to underestimate their intensity, scope, and implicit threat.” Team B writes that the intelligence community has failed to see—or deliberately refused to see—that the entire schema of detente and arms limitations negotiations are merely elements of the Soviet push for global domination.
Fighting and Winning a Nuclear War - Team B writes that the Soviets have already achieved measurable superiority in nuclear weaponry and other military benchmarks, and will use those advantages to cow and coerce the West into doing its bidding. The Soviets worship military power “to an extent inconceivable to the average Westerner,” the report asserts. The entire Soviet plan, the report goes on to say, hinges on its willingness to fight a nuclear war, and its absolute belief that it can win such a war. Within ten years, Team B states, “the Soviets may well expect to achieve a degree of military superiority which would permit a dramatically more aggressive pursuit of their hegemonial objectives.” [Scoblic, 2008, pp. 94-95]
Lack of Facts Merely Proof of Soviets' Success - One example that comes up during the debate is B’s assertion that the USSR has a top-secret nonacoustic antisubmarine system. While the CIA analysts struggle to point out that absolutely no evidence of this system exists, B members conclude that not only does the USSR have such a system, it has probably “deployed some operation nonacoustic systems and will deploy more in the next few years.” The absence of evidence merely proves how secretive the Soviets are, they argue. [Bulletin of Atomic Scientists, 4/1993; Unger, 2007, pp. 53-57] Anne Cahn, who will serve in the Arms Control and Disarmament Agency in the Carter administration, later says of this assertion, “They couldn’t say that the Soviets had acoustic means of picking up American submarines, because they couldn’t find it. So they said, well maybe they have a non-acoustic means of making our submarine fleet vulnerable. But there was no evidence that they had a non-acoustic system. They’re saying, ‘we can’t find evidence that they’re doing it the way that everyone thinks they’re doing it, so they must be doing it a different way. We don’t know what that different way is, but they must be doing it.‘… [The fact that the weapon doesn’t exist] doesn’t mean that it doesn’t exist. It just means that we haven’t found it yet.” Cahn will give another example: “I mean, they looked at radars out in Krasnoyarsk and said, ‘This is a laser beam weapon,’ when in fact it was nothing of the sort.… And if you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.… I don’t believe anything in Team B was really true.” [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005]
Soviet Strike Capabilities Grossly Exaggerated - Team B also hammers home warnings about how dangerous the Soviets’ Backfire bomber is. Later—too late for Team A—the Team B contentions about the Backfire’s range and refueling capability are proven to be grossly overestimated; it is later shown that the USSR has less than half the number of Backfires that B members loudly assert exist (500 in Team B’s estimation, 235 in reality). B’s assertions of how effectively the Soviets could strike at US missile silos are similarly exaggerated, and based on flawed assessment techniques long rejected by the CIA. The only hard evidence Team B produces to back their assertions is the official Soviet training manual, which claims that their air-defense system is fully integrated and functions flawlessly. The B analysts even assert, without evidence, that the Soviets have successfully tested laser and charged particle beam (CPB) weapons. [Bulletin of Atomic Scientists, 4/1993; Quarterly Journal of Speech, 5/2006 ] (The facility at Semipalatansk that is supposedly testing these laser weapons for deployment is in reality a test site for nuclear-powered rocket engines.) [Scoblic, 2008, pp. 96]
Fundamental Contradiction - One befuddling conclusion of Team B concerns the Soviets’ ability to continue building new and expensive weapons. While B acknowledges “that the Soviet Union is in severe decline,” paradoxically, its members argue that the threat from the USSR is imminent and will grow ever more so because it is a wealthy country with “a large and expanding Gross National Product.”
Allegations 'Complete Fiction' - Cahn will say of Team B’s arguments, “All of it was fantasy.… [I]f you go through most of Team B’s specific allegations about weapons systems, and you just examine them one by one, they were all wrong.” The CIA lambasts Team B’s report as “complete fiction.” CIA director George H. W. Bush says that B’s approach “lends itself to manipulation for purposes other than estimative accuracy.” His successor, Admiral Stansfield Turner, will come to the same conclusion, saying, “Team B was composed of outsiders with a right-wing ideological bent. The intention was to promote competition by polarizing the teams. It failed. The CIA teams, knowing that the outsiders on B would take extreme views, tended to do the same in self-defense. When B felt frustrated over its inability to prevail, one of its members leaked much of the secret material of the proceedings to the press” (see Late November, 1976). Former CIA deputy director Ray Cline says Team B had subverted the National Intelligence Estimate on the USSR by employing “a kangaroo court of outside critics all picked from one point of view.” Secretary of State Henry Kissinger says that B’s only purpose is to subvert detente and sabotage a new arms limitation treaty between the US and the Soviet Union. [Bulletin of Atomic Scientists, 4/1993; Common Dreams (.org), 12/7/2004; BBC, 1/14/2005; Quarterly Journal of Speech, 5/2006 ; Unger, 2007, pp. 53-57]
Costs of Rearmament - In 1993, after reviewing the original Team B documents, Cahn will reflect on the effect of the B exercise: “For more than a third of a century, assertions of Soviet superiority created calls for the United States to ‘rearm.’ In the 1980s, the call was heeded so thoroughly that the United States embarked on a trillion-dollar defense buildup. As a result, the country neglected its schools, cities, roads and bridges, and health care system. From the world’s greatest creditor nation, the United States became the world’s greatest debtor—in order to pay for arms to counter the threat of a nation that was collapsing.” [Bulletin of Atomic Scientists, 4/1993] Former Senator Gary Hart (D-CO) will agree: “The Pro-B Team leak and public attack on the conclusions of the NIE represent but one element in a series of leaks and other statements which have been aimed as fostering a ‘worst case’ view for the public of the Soviet threat. In turn, this view of the Soviet threat is used to justify new weapons systems.” [Quarterly Journal of Speech, 5/2006 ]
Entity Tags: Howard Stoertz, Henry A. Kissinger, Stansfield Turner, Richard Pipes, J. Peter Scoblic, Ray Cline, George Herbert Walker Bush, Craig Unger, Defense Intelligence Agency, ’Team A’, Gary Hart, Anne Cahn, ’Team B’, Carter administration, Arms Control and Disarmament Agency, Paul Nitze, Central Intelligence Agency
Timeline Tags: US International Relations, Neoconservative Influence
A US Defense Intelligence Agency (DIA) document reports that since the mid-1970s, Iraq has been “actively acquiring” chemical weapons. [Phythian, 1997]
Nabih Berri in 1982. [Source: Reza / Corbis]Nabih Berri takes over the Amal Militia, a Shi’a Lebanese paramilitary organization, and tries to build it up as a power base for himself. Although not a fundamentalist Muslim, Berri allies himself with the new regime in Iran and Hezbollah, a fundamentalist Lebanese Shi’a party backed by Iran. Berri also manages to convince Syrian authorities that he will represent their interests in Lebanon and comes to a similar arrangement with the Ba’ath party in Iraq. This is a difficult balance for Berri to keep, as journalists Joe and Susan Trento will later point out, “If he displeased the Iranian mullahs who controlled the supply of money to Hezbollah in Lebanon, he would lose his grip on power.” Former intelligence officer Michael Pilgrim will comment, “Berri was targeted for CIA recruitment and so were members of his militia… I think it’s safe to say we financed his early trips to Iran.” He also commences relationships with the Drug Enforcement Agency and Defense Intelligence Agency. Unsurprisingly, some of the consequences of this are bad for the US, and the Trentos will comment: “The relationship would end in a series of deadly disasters for members of our armed services and the CIA. According to US intelligence officials who served in Lebanon at the time, Berri kept the peace with [Iran] and the Shi’a by allowing them to attack Westerners in his Amal-controlled territory. To prove his loyalty to the Shi’a and keep the alliance that was essential to his power base, he failed to pass on intelligence to the United States.” Based on interviews with former intelligence officers and associates of Berri, the Trentos will conclude that he facilitated attacks on the US by Hezbollah by allowing their operatives to pass Amal checkpoints without warning the US, for example before attacks on the US embassy and Marine barracks in 1983 in which hundreds die (see April 18-October 23, 1983). [Trento and Trento, 2006, pp. 74-77]
As a part of the plan to ensure Continuity of Government (COG) in the event of a Soviet nuclear strike or other emergency, the US government begins to maintain a database of people it considers unfriendly. A senior government official who has served with high-level security clearances in five administrations will say it is “a database of Americans, who, often for the slightest and most trivial reason, are considered unfriendly, and who, in a time of panic, might be incarcerated. The database can identify and locate perceived ‘enemies of the state’ almost instantaneously.” He and other sources say that the database is sometimes referred to by the code name Main Core, and one says it was set up with help from the Defense Intelligence Agency.
Alleged Link to PROMIS - The database will be said to be linked to a system known as PROMIS, the Prosecutor’s Management Information System, over which the US government conducts a long-lasting series of disputes with the private company Inslaw. The exact connection between Main Core and PROMIS is uncertain, but one option is that code from PROMIS is used to create Main Core. PROMIS is most noted for its ability to combine data from different databases, and an intelligence expert briefed by high-level contacts in the Department of Homeland Security will say that Main Core “is less a mega-database than a way to search numerous other agency databases at the same time.”
Definition of National Emergency - It is unclear what kind of national emergency could trigger such detention. Executive orders issued over the next three decades define it as a “natural disaster, military attack, [or] technological or other emergency,” while Defense Department documents include eventualities like “riots, acts of violence, insurrections, unlawful obstructions or assemblages, [and] disorder prejudicial to public law and order.” According to one news report, even “national opposition to US military invasion abroad” could be a trigger.
How Does It Work? - A former military operative regularly briefed by members of the intelligence community will be told that the program utilizes software that makes predictive judgments of targets’ behavior and tracks their circle of associations using “social network analysis” and artificial intelligence modeling tools. “The more data you have on a particular target, the better [the software] can predict what the target will do, where the target will go, who it will turn to for help,” he will say. “Main Core is the table of contents for all the illegal information that the US government has [compiled] on specific targets.”
Origin of Data - In 2008, sources will reportedly tell Radar magazine that a “host of publicly disclosed programs… now supply data to Main Core,” in particular the NSA’s domestic surveillance programs initiated after 9/11. [Radar, 5/2008]
The Reagan administration provides covert support to Iraq in an effort to prevent Iran from overrunning the oil-rich states of the Persian Gulf. [New York Times, 8/18/2002; Nation, 8/26/2002; Washington Post, 12/30/2002]
US Air Force officers are secretly deployed to Iraq to assist their counterparts in the Iraqi military. [Nation, 8/26/2002]
The US provides satellite photography to Iraq revealing the movements of the Iranian forces. [Washington Post, 12/15/1986; New York Times, 8/18/2002 Sources: senior military officers with direct knowledge of the program, Unnamed informed sources interviewed by reporter Bob Woodward]
The US provides Iraq with intelligence gathered by Saudi-owned AWACS operated by the Pentagon. [Nation, 8/26/2002]
Iraq uses US-supplied military intelligence “to calibrate attacks with mustard gas on Iranian ground troops….”
(see 1984) [Washington Post, 12/15/1986]
“[M]ore than 60 officers of the Defense Intelligence Agency…. secretly [provide] detailed information on Iranian deployments, tactical planning for battles, plans for airstrikes and bomb-damage assessments for Iraq.” [New York Times, 8/18/2002]
President Reagan and Vice President George Bush personally deliver military advice to Saddam Hussein, both directly and through intermediaries (see 1986). [Affidavit. United States v. Carlos Cardoen, et al. [Charge that Teledyne Wah Chang Albany illegally provided a proscribed substance, zirconium, to Cardoen Industries and to Iraq], 1/31/1995 ; Washington Post, 12/30/2002]
The US closely monitors “third country arms sales to Iraq to make sure Iraq [has] the military weaponry required.” [Affidavit. United States v. Carlos Cardoen, et al. [Charge that Teledyne Wah Chang Albany illegally provided a proscribed substance, zirconium, to Cardoen Industries and to Iraq], 1/31/1995 ; Washington Post, 12/30/2002]
According to the censured portion of Iraq’s December 7, 2002 declaration to the UN (see December 7, 2002)
(see December 19, 2002), Lawrence Livermore National Laboratory and Sandia National Laboratories help train Iraqi nuclear weapons scientists and provide nonfissile material for Iraq’s nuclear weapons program. [San Francisco Chronicle, 1/26/2003]
Entity Tags: Saddam Hussein, United Nations, Lawrence Livermore National Laboratory, Sandia National Laboratories, George Herbert Walker Bush, Defense Intelligence Agency, Ronald Reagan, US Department of the Air Force, US Department of Defense, Reagan administration
Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, US-Iraq 1980s
A Defense Intelligence Agency report concludes that Iraq will probably “continue to develop its formidable conventional and chemical capability, and probably pursue nuclear weapons.” [US Department of State, 3/31/1984 ]
Pakistan test fires two ballistic missiles that are capable of carrying nuclear weapons. The missiles are fired in the Thar Desert on the border with India, and apparently have a range of between 50 and 200 miles, meaning that Pakistan could hit Delhi and Mumbai. They were developed by the Pakistan Atomic Energy Commission (PAEC) using Chinese designs, and are given the name Hatf 1 and 2 (Hatf means “lethal” in Arabic, and is the name the prophet Muhammad gave his sword) by PAEC chairman Munir Khan. The test will be discovered by the US Defense Intelligence Agency, and soon reported in the Western press. [Levy and Scott-Clark, 2007, pp. 198, 498]
The Defense Intelligence Agency (DIA) sends a top-secret report to 38 high-level Bush administration officials warning that it has discovered a secret military-procurement network for Iraq that is obtaining weapons from a number of nations, including the US. [New Yorker, 11/2/1992]
Defense Intelligence Agency (DIA) agent Patrick Lang is “recruited” for “membership” in the neoconservative inner circle by neoconservative founding father Albert Wohlstetter and his wife Roberta (see 1965). They arrive, uninvited, at Lang’s home with the news that they had been asked to speak with Lang by a mutual friend (who, by 2004, is, according to Lang, a “senior personage in the Pentagon”). Lang and the Wohlstetters spend an hour and a half discussing world affairs, philosophy, and various famous and influential friends of the Wohlstetters. Roberta Wohlstetter shows Lang copies of books their friends have written. As Lang will later recall: “An unspoken question seemed to hang in the air. After a while they became impatient with my responses and left, never to return. Clearly, I had failed the test.” He will later learn that several friends of his received similar visits; a former academic colleague of Wohlstetter will tell Lang that the Wohlstetters have made similar attempts to “recruit” potential neoconservatives from university faculties. [Middle East Policy Council, 6/2004]
When bin Laden moved from Sudan to Afghanistan (see May 18, 1996), he was forced to leave most of his personal fortune behind. Additionally, most of his training camps were in Sudan and those camps had to be left behind as well. But after the Taliban conquers most of Afghanistan and forms an alliance with bin Laden (see After May 18, 1996-September 1996), the Pakistani ISI persuades the Taliban to return to bin Laden the Afghanistan training camps that he controlled in the early 1990s before his move to Sudan. The ISI subsidizes the cost of the camps, allowing bin Laden to profit from the fees paid by those attending them. The ISI also uses the camps to train militants who want to fight against Indian forces in Kashmir. [Wright, 2006, pp. 250] In 2001, a Defense Intelligence Agency agent will write about the al-Badr II camp at Zhawar Kili. “Positioned on the border between Afghanistan and Pakistan, it was built by Pakistan contractors funded by the Pakistan Inter-Services Intelligence Directorate (ISI), and protected under the patronage of a local and influential Jadran tribal leader, Jalalludin [Haqani],” the agent writes. “However, the real host in that facility was the Pakistani ISI. If this was later to be bin Laden’s base, then serious questions are raised by the early relationship between bin Laden and Pakistan’s ISI.” [Defense Intelligence Agency, 10/2/2001 ]
North Korea launches a Taepodong-1 (TD-1) ballistic missile eastward over Japan. The second stage of the missile splashes down in Pacific waters well past Japan. Though the missile was intended to launch a satellite into Earth orbit (a task in which it failed, though the North Koreans will claim otherwise), the test flight also proves that North Korea could strike Japan and other regional neighbors with nuclear missiles if it so desires. It could also reach Hawaii and the outskirts of Alaska with a small payload, though nothing large enough to be a nuclear device. The test alarms the US, and catches the US intelligence community somewhat unawares, though US intelligence had earlier predicted that North Korea would be able to deploy some sort of ICBM. The TD-1 is a significant development over its earlier single-stage Scud C and Nodong single-stage missiles. Another area of concern is North Korea’s stated willingness to sell its missile and nuclear technology to other countries; any missile improvements it successfully develops are likely to spread to other weapons programs. [Scoblic, 2008, pp. 173; Wisconsin Project on Nuclear Arms Control, 1/12/2008] According to authors Adrian Levy and Catherine Scott-Clark, the missile’s basic design is similar to the Hatf range produced by Pakistan, which itself was based on the Chinese M-11 missile. The US Defense Intelligence Agency (DIA) therefore thinks this is further evidence of military co-operation between Pakistan and North Korea. [Levy and Scott-Clark, 2007, pp. 277, 515]
Julie Sirrs. [Source: Julie Sirrs]Julie Sirrs, a military analyst for the Defense Intelligence Agency (DIA), travels to Afghanistan. Fluent in local languages and knowledgeable about the culture, she made a previous undercover trip there in October 1997. She is surprised that the CIA was not interested in sending in agents after the failed missile attack on Osama bin Laden in August 1998, so she returns at this time. Traveling undercover, she meets with Northern Alliance leader Ahmed Shah Massoud. She sees a terrorist training center in Taliban-controlled territory. Sirrs will later claim: “The Taliban’s brutal regime was being kept in power significantly by bin Laden’s money, plus the narcotics trade, while [Massoud’s] resistance was surviving on a shoestring. With even a little aid to the Afghan resistance, we could have pushed the Taliban out of power. But there was great reluctance by the State Department and the CIA to undertake that.” She partly blames the interest of the US government and the oil company Unocal to see the Taliban achieve political stability to enable a trans-Afghanistan pipeline (see May 1996 and September 27, 1996). She claims, “Massoud told me he had proof that Unocal had provided money that helped the Taliban take Kabul.” She also states, “The State Department didn’t want to have anything to do with Afghan resistance, or even, politically, to reveal that there was any viable option to the Taliban.” After two weeks, Sirrs returns with a treasure trove of maps, photographs, and interviews. [ABC News, 2/18/2002; ABC News, 2/18/2002; New York Observer, 3/11/2004] By interviewing captured al-Qaeda operatives, she learns that the official Afghanistan airline, Ariana Airlines, is being used to ferry weapons and drugs, and learns that bin Laden goes hunting with “rich Saudis and top Taliban officials” (see Mid-1996-October 2001 and 1995-2001). [Los Angeles Times, 11/18/2001] When Sirrs returns from Afghanistan, her material is confiscated and she is accused of being a spy. Says one senior colleague, “She had gotten the proper clearances to go, and she came back with valuable information,” but high level officials “were so intent on getting rid of her, the last thing they wanted to pay attention to was any information she had.” Sirrs is cleared of wrongdoing, but her security clearance is pulled. She eventually quits the DIA in frustration in 1999. [ABC News, 2/18/2002; New York Observer, 3/11/2004] Congressman Dana Rohrabacher (R-CA) will claim that the main DIA official behind the punishment of Sirrs is Lieutenant General Patrick Hughes, who later becomes “one of the top officials running the Department of Homeland Security.” [Dana Rohrabacher, 6/21/2004]
Entity Tags: Taliban, Unocal, Osama bin Laden, US Department of State, Northern Alliance, Patrick Hughes, Defense Intelligence Agency, Ahmed Shah Massoud, Al-Qaeda, Julie Sirrs, Central Intelligence Agency, Dana Rohrabacher, Ariana Airlines
Timeline Tags: Complete 911 Timeline
The Defense Intelligence Agency acquires a report on the connections between Osama bin Laden and Chechen rebel leader Ibn Khattab. The report states that Ibn Khattab fought with bin Laden in Afghanistan and established training camps in Chechnya at bin Laden’s request. It also says that bin Laden has met with Chechen leaders and agreed to help them with “financial supplies”, and that the Chechen camps will be used to train European militants to conduct kidnappings and terrorist acts against French, Israeli, US, and British citizens. A direct route from Afghanistan to Chechnya has been established through Turkey and Azerbaijan, and is being used for “volunteers”, as well as drug smuggling. [Defense Intelligence Agency, 10/16/1998 ] What US intelligence knows about the relationship between Ibn Khattab and bin Laden will play an important role in the handling of the Zacarias Moussaoui case just before 9/11 (see August 22, 2001 and August 24, 2001).
Models of the biological weapons facility described by Curveball. [Source: CBS News]Two German intelligence (BND) case officers debrief Iraqi defector “Curveball” with help from a team of chemists, biologists, and other experts. Curveball claims to have knowledge of a clandestine Iraqi biological weapons program (see November 1999). He speaks to his BND debriefers in Arabic through a translator, and also in broken English and German. Curveball says that he worked for Iraq’s Military Industrial Commission after graduating first in his class from engineering school at Baghdad University in 1994. (He actually graduated last—see 1994.) A year later, he says, he was assigned to work for “Dr. Germ,” British-trained microbiologist Rihab Rashid Taha, to construct mobile biological weapons labs. But Curveball never says that he actually produced biological weapons or witnessed anyone else doing so and the BND is unable to verify his claims. Curveball’s statements are recorded in German, shared with a local Defense Intelligence Agency (DIA) team, and sent to the US, where they are translated into English for analysis at the DIA’s directorate for human intelligence in Clarendon, Virginia, though CIA agents are not allowed to talk to Curveball themselves. “This was not substantial evidence,” one senior German intelligence official later recalls in an interview with the Los Angeles Times. “We made clear we could not verify the things he said.” The reports are then sent to the CIA’s Weapons Intelligence, Non-Proliferation and Arms Control Center (WINPAC), whose experts analyze the data and share it with artists who use Curveball’s accounts to render sketches. The Clarendon office sends a total of 95 reports to WINPAC during this period. US spy satellites are directed to take pictures of sites named by Curveball as biological weapons facilities. According to a later investigation by the Los Angeles Times, “At the CIA, bio-warfare experts viewed [Curveball’s] reports as sophisticated and technically feasible. They also matched the analysts’ expectations.” [Los Angeles Times, 11/20/2005] The Germans also share some of Curveball’s allegations with the British. However, according to Robin Butler, head of the British inquiry into prewar intelligence, what the Germans provided was “incomplete.” For instance, German intelligence misled them to believe that the alleged mobile weapon labs were capable of producing weapons-grade bio-agents such as anthrax spores, when Curveball’s actual statements only suggested they had the capability to produce a liquid slurry that would not be suitable for bombs or warheads. [Los Angeles Times, 11/20/2005]
In 2007, reporter Bob Drogin, author of Curveball: Spies, Lies and the Con Man Who Caused a War, will write extensively of the tensions between the BND and the CIA that lead to the Germans’ reluctance to provide the CIA direct access to Curveball, and result in the CIA building a huge case for Iraqi bioweapons on Curveball’s unsubstantiated, unverified assertions. The Germans repeatedly state that Curveball speaks no English, and hates Americans; in fact, Curveball speaks better English than he does German, and likes Americans. The fault lies with both agencies, Drogin will write, saying the CIA routinely refuses to allow other agencies to meet with their sources, either. “The CIA won’t even let other US intelligence agencies interview a CIA source,” Drogin will note. “The fact is the US went to war after relying in part on information from a guy they had never met, so they’ve tried really hard to blame others.” [Alternet, 10/22/2007]
The cover of ‘Saddam’s Bombmaker.’ [Source: Simon and Schuster]Former Iraqi nuclear scientist Khidir Hamza publishes a book with reporter Jeff Stein entitled Saddam’s Bombmaker: The Terrifying Inside Story of the Iraqi Nuclear and Biological Weapons Agenda. Two years before, Hamza had tried and failed to get a deal for a book that would show Iraq’s nuclear weapons plans had “fizzled” (see 1998). This book is radically different, telling a dramatic tale of his career as a nuclear bomb-builder and his death-defying escape from Iraq (Hamza defected from Iraq and was brought to the US by Ahmed Chalabi’s Iraqi National Congress). Hamza now asserts that Iraq is aggressively pursuing nuclear weapons. According to former Defense Intelligence Agency official Patrick Lang, this is a “vast exaggeration” of the reality of the situation. [Middle East Policy Council, 6/2004]
The National Security Agency (NSA) engages in apparently illegal surveillance of US citizens beginning shortly after the inauguration of George W. Bush as president. This will not be revealed to the public until media reports in January 2006, a month after the press revealed that the NSA had engaged in similar illegal wiretaps and surveillance of American citizens after the 9/11 attacks, using those attacks as justification for the surveillance (see December 15, 2005). The former NSA and counterterrorism officials who reveal the pre-9/11 spying will claim that the wiretaps, e-mail monitoring, and Internet surveillance were all “inadvertent,” as NSA computers “unintentionally” intercepted US citizens’ international phone calls and e-mails when the computers flagged keywords. NSA protocol demands that such “inadvertent” surveillance end as soon as NSA analysts realize they are spying on those citizens, and the names of the monitored citizens are supposed to be deleted from the NSA databases. Instead, the NSA is instructed to continue monitoring some citizens that are characterized as “of interest” to White House officials. Those officials include President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld, say the former NSA and counterterrorism officials. In December 2000, the NSA told the incoming Bush administration that some US citizens are being inadvertently targeted for surveillance, but the names of the citizens are deleted because the law expressly prohibits the NSA from spying on US citizens, US corporations, or even permanent US residents (see December 2000). However, once Bush takes office in January 2001, that practice undergoes a radical change. In the first few months of the administration, President Bush assigns Vice President Cheney to make himself more of a presence at the various US intelligence agencies, particularly the CIA, NSA, and DIA. Cheney, along with other officials at the State and Defense Departments, begins making repeated requests to the NSA to reveal the identities of those Americans which had previously been deleted, so that administration officials can more fully understand the context and scope of the intelligence. Such requests are technically legal. But Cheney goes well beyond the law when he requests, as he frequently does, that the NSA continue monitoring specific Americans already caught up in the NSA’s wiretaps and electronic surveillance. A former White House counterterrorism official will later claim that Cheney advised Bush of what he was learning from the NSA. “What’s really disturbing is that some of those people the vice president was curious about were people who worked at the White House or the State Department,” says another former counterterrorism official. “There was a real feeling of paranoia that permeated from the vice president’s office and I don’t think it had anything to do with the threat of terrorism. I can’t say what was contained in those taps that piqued his interest. I just don’t know.” [Truthout (.org), 1/17/2006]
CIA managers Gary Schroen, of the Near East division, and Richard Blee, responsible for Alec Station, the agency’s bin Laden unit, meet Northern Alliance commander Ahmed Shah Massoud in Paris, France. [Coll, 2004, pp. 560] Massoud, who is in Europe to address the European Parliament (see April 6, 2001), tells Schroen and Blee “that his own intelligence had learned of al-Qaeda’s intention to perform a terrorist act against the United States that would be vastly greater than the bombings of the American embassies in East Africa.” [Wright, 2006, pp. 337] Declassified Defense Intelligence Agency documents from November 2001 will say that Massoud has gained “limited knowledge… regarding the intentions of [al-Qaeda] to perform a terrorist act against the US on a scale larger than the 1998 bombing of the US Embassies in Kenya and Tanzania.” They will further point out he may have been assassinated two days before 9/11 (see September 9, 2001) because he “began to warn the West.” [PakTribune (Islamabad), 9/13/2003; Agence France-Presse, 9/14/2003] Blee hands Massoud a briefcase full of cash. [Vanity Fair, 11/2004] Schroen and Blee assure Massoud that, although he has been visited less by the CIA recently, they are still interested in working with him, and they will continue to make regular payments of several hundred thousand dollars each month. Commenting on the military situation in Afghanistan, Massoud says his defenses will hold for now, but the Northern Alliance is doing badly and no longer has the strength to counterattack. [Coll, 2004, pp. 561-2]
Deputy Defense Secretary Paul Wolfowitz asks the CIA to look over the 2000 book, Study of Revenge: Saddam Hussein’s Unfinished War Against America by Laurie Mylroie, which argued that Iraq was behind the 1993 bombing of the World Trade Center (see October 2000). Wolfowitz will mention shortly after 9/11 how he asked the CIA to do this, but it is unknown what their response is. Presumably it is not one Wolfowitz liked. [9/11 Commission, 7/24/2004, pp. 559] Wolfowitz also asks Thomas Wilson, director of the Defense Intelligence Agency (DIA), to have his analysts look at the book. The DIA is unable to find any evidence that support the theory. [Isikoff and Corn, 2006, pp. 76] Around late July, the US reopens the files on WTC bomber Ramzi Yousef, presumably in response to these requests (see Late July or Early August 2001). But no evidence will be found to support Mylroie’s theory that Yousef was an Iraqi agent. The 9/11 Commission will conclude in 2004, “We have found no credible evidence to support theories of Iraqi government involvement in the 1993 WTC bombing.” [9/11 Commission, 7/24/2004, pp. 559]
The Defense Intelligence Agency (DIA) publishes an internal background paper explaining the debate within the US intelligence community over Iraq’s intended use for the aluminum tubes it attempted to import from China (see July 2001). The paper describes the assessments of both the CIA and the Department of Energy, the latter of which does not believe the tubes are suitable for use as rotors in a gas centrifuge (see August 17, 2001). The DIA says its “analysts found the CIA WINPAC presentation to be very compelling.”
[US Congress, 7/7/2004]
In the Defense Intelligence Agency (DIA) comptroller’s office, on the first floor of the Pentagon’s C-ring, workers are reportedly uneasy at the news of the plane crashes in New York. However, Paul Gonzales, a retired Navy commander who is now a supervisor there, confidently declares that the Pentagon is probably the safest building in the world. So by 9:30 a.m., most of the workers in his section will be settling back to their usual business. The DIA comptroller’s office is one of the areas impacted when the Pentagon is hit at 9:37 (see 9:37 a.m. September 11, 2001). Of the 18 workers there, seven will die and five others will be hospitalized. [Washington Post, 3/11/2002; Vogel, 2007, pp. 429; Tennessean, 9/11/2007]
Dale Watson, assistant director of the FBI’s counterterrorism division, activates the Strategic Information and Operations Center (SIOC) at FBI headquarters in Washington, DC, from where the bureau will coordinate its response to the terrorist attacks. Watson learned about the first hijacked plane crashing into the World Trade Center during a briefing in the SIOC attended by the FBI’s assistant directors and Robert Mueller, the bureau’s director (see Shortly After 8:48 a.m. September 11, 2001). Mueller and some of the other officials at the briefing, presumably including Watson, subsequently headed to the office of FBI Deputy Director Thomas Pickard. There, Mueller, Pickard, and the other officials saw the second hijacked plane crashing into the WTC on television (see 9:03 a.m. September 11, 2001). It then became clear to them that this was a terrorist attack.
Deputy Director Says the FBI Needs to Open Its Operations Center - Mueller asks Pickard what they should do in response to the incident and Pickard says they need to open the SIOC. [New Yorker, 9/24/2001; 9/11 Commission, 1/21/2004 ] According to the US government’s Interagency Domestic Terrorism Concept of Operations Plan, “Upon determination of a credible threat,” FBI headquarters is required to activate the SIOC, “to coordinate and manage the national level support to a terrorism incident.” [US Government, 1/2001] Following this protocol, Watson goes to his office and activates the SIOC for crisis mode. [New Yorker, 9/24/2001]
Director Goes to the Operations Center to Manage the Crisis - Mueller and Pickard go to the SIOC to manage the FBI’s response to the attacks. Pickard isolates Mueller in a conference room, restricting access to him so he is better able to stay focused on the decisions ahead. Mueller only took over as FBI director a week ago (see September 4, 2001) and Pickard will later comment, “I was worried that there was going to be this string of people running into the room with news or questions and [Mueller] would be standing there asking them who they were.” [Kessler, 2002, pp. 420; Graff, 2011, pp. 314-316] Meanwhile, a live communications link is established that allows them to listen in as Pentagon and FAA air traffic controllers track suspicious aircraft. [Wall Street Journal, 10/5/2001]
Many Other Officials Go to the Operations Center - Other senior officials and FBI agents also begin pouring into the center, along with representatives from numerous other government agencies, including the CIA, the Defense Intelligence Agency, the FAA, the NSA, and the Secret Service. Assistant Attorney General Michael Chertoff will head to the center, as will Attorney General John Ashcroft, who arrives there early in the afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001). The SIOC will become “the place to be to get information and so everyone wanted to be there,” Ashcroft will comment. [Kessler, 2002, pp. 5, 421; 9/11 Commission, 12/17/2003 ]
Center Is Designed for Dealing with Crises - The SIOC, which opened in 1998 and cost $20 million to build, covers 40,000 square feet on the fifth floor of the FBI headquarters building. [CNN, 11/20/1998] It is “a heavily fortified cluster of offices surrounded by video screens and banks of computer terminals,” according to the New York Times. [New York Times, 11/2/2001] It can function as a 24-hour watch post, a crisis management center, and an information processing center. [Federal Bureau of Investigation, 1/18/2004] It operates around the clock, with at least eight staffers on duty at any one time. It is capable of managing up to five crises at a time and is designed to accommodate up to 450 members of staff during major emergencies. [CNN, 11/20/1998; New Yorker, 9/24/2001]
Center Is Built to Survive Attacks - The center is fortified so those in it can survive a bombing or other kind of attack. [New York Times, 11/2/2001] It has no windows to the street outside and is shielded to prevent electronic signals from entering or leaving it. [CNN, 11/20/1998; Kessler, 2002, pp. 421] Its 225 computer terminals have access to three types of local area networks: the regular FBI network that can connect to the networks of outside agencies; a classified network that operates at the top-secret level; and an even more highly classified Special Compartmented Information network. [Washington Post, 10/14/2001; Federal Bureau of Investigation, 1/18/2004] The many computers and video screens in the center can display broadcasts from US television channels and also TV channels from other countries. [CNN, 11/20/1998]
Center Will Become the 'Nerve Center' of the FBI's Investigation - By the end of the week, the SIOC will be “the headquarters of the government’s response” to today’s attacks, according to journalist and author Garrett Graff. As many as 500 people from 56 different agencies will be working in it. [Kessler, 2002, pp. 421; Military Intelligence Professional Bulletin, 7/1/2002; Graff, 2011, pp. 317] It will become “the nerve center” of the FBI’s investigation of the attacks, according to the Wall Street Journal. [Wall Street Journal, 10/5/2001]
Shortly after the 9/11 attacks, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz create a secretive, ad hoc intelligence bureau within the Pentagon that they mockingly dub
“The Cabal.” This small but influential group of neoconservatives is tasked with driving US foreign policy and intelligence reporting towards the goal of promoting the invasion of Iraq. To this end, the group—which later is folded into the slightly more official Office of Special Plans (OSP) (see 2002-2003)—gathers and interprets raw intelligence data for itself, refusing the participation of the experts in the CIA and DIA, and reporting, massaging, manipulating, and sometimes falsifying that information to suit their ends. [New Yorker, 5/12/2003] In October 2005, Larry Wilkerson, Secretary of State Colin Powell’s chief of staff, will say of the Cabal and the OSP (see October 2005), “What I saw was a cabal between the vice president of the United States, Richard Cheney, and the secretary of defense, Donald Rumsfeld, on critical issues that made decisions that the bureaucracy did not know were being made. Now it is paying the consequences of making those decisions in secret, but far more telling to me is America is paying the consequences.” [Financial Times, 10/20/2005]
Entity Tags: Thomas Franks, Paul Wolfowitz, Office of Special Plans, “The Cabal”, Central Intelligence Agency, Richard (“Dick”) Cheney, Colin Powell, Douglas Feith, Lawrence Wilkerson, Defense Intelligence Agency, Donald Rumsfeld
Timeline Tags: US confrontation with Iran, Events Leading to Iraq Invasion, Domestic Propaganda
Italy’s military intelligence service (SISMI) provides Jeff Castelli, the CIA station chief in Rome, with papers documenting an alleged uranium deal between Iraq and Niger. Castelli, who is not permitted to duplicate the papers, writes a summary of them and sends the report to Langley. [New Yorker, 10/27/2003; Knight Ridder, 11/4/2005; La Repubblica (Rome), 11/11/2005]
The allegations - The report includes four allegations:
The report states that Iraq first communicated its interest in purchasing uranium from Niger at least as early as 1999. [US Congress, 7/7/2004] As blogger ERiposte will conclude through his analysis at TheLeftCoaster.Org [ERiposte, 10/31/2005] , none of the documents that are later provided to the US as the basis for this allegation include actual proof of uranium negotiations in 1999. Two of the source documents for this allegation do mention a 1999 visit by Wissam Al-Zahawi to Niger; however, no evidence has ever surfaced suggesting that there were any discussions about uranium during that visit (see February 1999). The first document (possibly authentic) is a letter, dated February 1, 1999, from the Niger embassy in Rome to Adamou Chekou, the Minister of Foreign Affairs in Niger, announcing Zahawie’s trip. It does not mention uranium. (Note that the SISMI report does not mention Al-Zahawi’s trip, it only states that uranium negotiations between the two countries began by at least 1999.) The second document is a letter dated July 30, 1999 from the Niger Ministry of Foreign Affairs to his ambassador in Rome requesting that he contact Zahawie, concerning an agreement signed June 28, 2000 to sell uranium to Iraq. The letter is an obvious forgery because it refers to an event that it describes as taking place 11 months later. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003]
The SISMI report states that in “late 2000,” the State Court of Niger approved an agreement with Iraq whereby Niger would sell Iraq a large quantity of uranium. This allegation appears to be based on a forged document titled “Annex 1,” which was possibly an annex to the alleged uranium agreement. It is evident that this document was forged because it says that the state court “met in the chamber of the council in the palace… on Wednesday, July 7, 2000.” But July 7, 2000 was, in fact, a Friday, not a Wednesday. One of SISMI’s reports to the US, possibly this one, actually reproduces this error. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003; ERiposte, 10/31/2005]
According to the report, Nigerien President Mamadou Tandja approved the agreement and communicated this decision to Iraqi President Saddam Hussein. The source for this is apparently a forged letter from the president of Niger to Saddam Hussein, in which the president refers to his authority under the country’s obsolete 1966 constitution. At the time the letter was presumed to have been written, the constitution in effect would have been that of December 26, 1992, which was subsequently revised by national referendum on May 12, 1996 and again by referendum on July 18, 1999. [Unknown, n.d.; Reuters, 3/26/2003; La Repubblica (Rome), 7/16/2003; US Department of State, 9/2005]
The report also alleges that in October 2000, Nigerien Minister of Foreign Affairs Nassirou Sabo informed one of his ambassadors in Europe that Niger had agreed to provide several tons of uranium to Iraq. [Unknown, n.d.; La Repubblica (Rome), 7/16/2003] This is seemingly based on a forged letter that accompanied the alleged uranium sales agreement. The letter, dated October 10, 2000, is stamped as being received in Rome on September 28, 2000—nearly two weeks before the letter was presumably written. Furthermore, there is a problem with the signature. Unlike what is reported in the SISMI papers provided to the CIA, the actual letter is signed by Allele Elhadj Habibou, who left office in 1989. This indicates that someone must have corrected this information, replacing the name of Allele Elhadj Habibou with that of Nassirou Sabo (the minister in October 2000), before the letter was included in this report. [ERiposte, 10/31/2005]
Distribution within US Intelligence Community - After receiving the report from its Rome station, the CIA distributes it to other US intelligence agencies. According to a later Senate investigation, the “CIA, Defense Intelligence Agency (DIA), and Department of Energy (DOE) analysts considered the reporting to be ‘possible’ while the Department of State’s Bureau of Intelligence and Research (INR) regarded the report as ‘highly suspect,’ primarily because INR analysts did not believe that Niger would be likely to engage in such a transaction and did not believe Niger would be able to transfer uranium to Iraq because a French consortium maintained control of the Nigerien uranium industry.” [US Congress, 7/7/2004] Sources later interviewed by New Yorker’s Seymour Hersh portray US intelligence analysts’ assessment of the report in slightly harsher terms, saying that they “dismissed [it] as amateurish and unsubstantiated.” [New Yorker, 10/27/2003] “I can fully believe that SISMI would put out a piece of intelligence like that,” a CIA consultant later tells Hersh, “but why anybody would put credibility in it is beyond me.” [New Yorker, 5/17/2004, pp. 227] Langley asks for further clarification from Rome and receives a response three days later (see October 18, 2001). [La Repubblica (Rome), 11/11/2005]
Repeated Dissemination - The documents and reports based on the documents are sent to the CIA at least three separate times. They are also sent to the White House, the US embassy in Rome, British and French intelligence, and Italian journalist Elisabetta Burba of the news magazine Panorama. Each recipient in turn shares the documents, or their contents, with others, creating what author Craig Unger later calls “an echo chamber that gives the illusion that several independent sources had corroborated an Iraq-Niger uranium deal.” [Unger, 2007, pp. 237]
Entity Tags: Bureau of Intelligence and Research, Central Intelligence Agency, Craig Unger, Defense Intelligence Agency, Mamadou Tandja, SISMI, Elisabetta Burba, Nassirou Sabo, Wissam al-Zahawie, Saddam Hussein, Jeff Castelli, US Department of Energy
Timeline Tags: Niger Uranium and Plame Outing
The Defense Intelligence Agency (DIA) publishes a Military Intelligence Digest supplement, titled “Iraq: Procuring Possible Nuclear-Related Gas Centrifuge Equipment,” concluding that “although alternative uses for the tubes are possible, such as rocket motor cases or rocket launch tubes, the specifications are consistent with earlier Iraqi gas centrifuge rotor designs.” The report was prepared by a DIA Iraq nuclear analyst and an analyst from the US Army’s National Ground Intelligence Center, the unit responsible for conventional ground weapons systems assessments. [US Congress, 7/7/2004]
After fleeing Iraq, Adnan Ihsan Saeed al-Haideri, 43, defects to the US. Before he is debriefed by the CIA, he spends several days in a Bangkok hotel room being coached by Zaab Sethna, the spokesman of the Iraqi National Congress, on what he should tell his debriefer. On December 17, he meets with a CIA official who questions him. Strapped to a polygraph machine [Rolling Stone, 11/17/2005] , al-Haideri proceeds to tell the agent he is a civil engineer who helped hide Iraq’s illicit weapons in subterranean wells, private villas, and even beneath the Saddam Hussein Hospital. After reviewing the polygraph, which was requested by the Defense Intelligence Agency, the intelligence debriefer concludes that Haideri made the entire story up. [New Yorker, 6/7/2004; Rolling Stone, 11/17/2005]
The Defense Intelligence Agency issues a four-page Defense Intelligence Terrorism Summary (DITSUM No. 044-02) stating that it is probable that prisoner Ibn al-Shaykh al-Libi intentionally misled debriefers when he claimed Iraq was supporting al-Qaeda in working with illicit weapons. During interviews with al-Libi, the DIA noted the Libyan al-Qaeda operative could not name any Iraqis involved, any chemical or biological material used, or where the alleged training took place. “It is possible he does not know any further details; it is more likely this individual is intentionally misleading the debriefers,” the report says. “Ibn al-Shaykh has been undergoing debriefs for several weeks and may be describing scenarios to the debriefers that he knows will retain their interest.” The DIA report is presumably circulated widely within the government, and is available to the CIA, the White House, the Pentagon, the National Security Council, and other agencies.
No Evidence of Connections between Iraq, al-Qaeda - On the general subject of Iraq’s alleged ties to al-Qaeda, the DIA report notes: “Saddam [Hussein]‘s regime is intensely secular and is wary of Islamic revolutionary movements. Moreover, Baghdad is unlikely to provide assistance to a group it cannot control.” The report also questions the reliability of information provided by high-value al-Qaeda detainees being held in secret CIA facilities or who have been “rendered” to foreign countries where they are believed to undergo harsh interrogation tactics.
Using al-Libi's Information to Bolster Case for War - Information supplied by al-Libi will be the basis for a claim included in an October 2002 speech (see October 7, 2002) by President Bush, in which he states, “[W]e’ve learned that Iraq has trained al-Qaeda members in bomb making and poisons and gases.” Intelligence provided by al-Libi will also be included in Colin Powell’s February speech (see February 5, 2003) to the UN. In that speech, Powell will cite “the story of a senior terrorist operative telling how Iraq provided training in these weapons to al-Qaeda.” [New York Times, 11/6/2005; Washington Post, 11/6/2005; Los Angeles Times, 11/7/2005; Newsweek, 11/10/2005]
Report Released as Proof of Administration's Reliance on Poor Intelligence Sources - Declassified portions of the DIA report will be issued on November 6, 2005 by two senators, Carl Levin (D-MI) and John D. Rockefeller (D-WV). Rockefeller will tell CNN that al-Libi is “an entirely unreliable individual upon whom the White House was placing a substantial intelligence trust.” The situation was, Rockefeller will say, “a classic example of a lack of accountability to the American people.” [Los Angeles Times, 11/7/2005]
Entity Tags: Ibn al-Shaykh al-Libi, US Department of Defense, National Security Council, George W. Bush, Saddam Hussein, Colin Powell, Al-Qaeda, Defense Intelligence Agency, Bush administration (43), John D. Rockefeller, Carl Levin, Central Intelligence Agency
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion
The CIA Directorate of Operations issues a second intelligence report from SISMI, Italy’s military intelligence service, on Iraq’s alleged agreement with Niger to purchase 500 tons of uranium annually. This report provides details that were not included in Italy’s October 15 report (see October 15, 2001), including a “verbatim text” of the accord. (It is not clear what the source is for the “verbatim text”. [ERiposte, 3/6/2006] ) According to the report, the purported agreement was signed by Iraqi and Niger officials during meetings held July 5-6, 2000. [US Congress, 7/7/2004; Knight Ridder, 11/4/2005] The SISMI report also draws attention to a 1999 trip to Niger made by Wissam al-Zahawie (see February 1999), Iraq’s former ambassador to the Vatican, and alleges that its mission was to discuss the future purchase of uranium. This is the first report from SISMI that names al-Zahawie and refers directly to his 1999 trip. (SISMI’s previous report had only stated that negotiations had begun by at least 1999.) This report, as well as the previous report, is based on the forged Niger documents. [New Yorker, 10/27/2003; US Congress, 7/7/2004; ERiposte, 11/3/2005] Analysts at the CIA and the DIA are more impressed with the detail and substance of this second report, but analysts at the Department of State’s Bureau of Intelligence and Research (INR) remain skeptical of the report’s allegations noting that it was unlikely that Niger would sell uranium to Iraq because the Nigeriens would have considered the risk of being caught too great. An INR analyst asks the CIA if the source of the report would submit to a polygraph. A CIA analyst who also asks about the source is told by the DO that the source is “very credible.” [US Congress, 7/7/2004]
The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]
The Office of Africa Analysis in the State Department’s Bureau of Intelligence and Research (INR) argues in a memo that the alleged uranium deal between Iraq and Niger is “unlikely” for a number of reasons. It notes that France—which jointly owns the country’s only two uranium mines and is dependent on them for forty percent of its uranium—“unequivocally controls the overall operation” and would not permit such a transaction to take place. “There are managers and engineers at every point in the mining, milling, and transportation process,” the memo says. Even if Niger did manage to obtain 500 tons of uranium from the mines, transporting it to Iraq (in two phases, as specified in the orginal forged documents) would have required “25 hard-to-conceal 10-ton tractor-trailers” journeying 1,000 miles to the sea and crossing at least one international border. “Moving such a quantity secretly over such a distance would be very difficult,” the memo notes. Furthermore, Niger officials would have deemed such an arrangement too risky because they “understand the value of good relations with the US and other aid donors.” “A payoff from Iraq of $50 million or even $100 million would not make up for what would be lost if the donor community turned off the taps to Niger.” [US Department of State, 3/4/2002 ] The memo is distributed at senior levels by the office of Secretary of State Colin L. Powell and by the Defense Intelligence Agency. [New York Times, 1/18/2006] (Note the similarity between this memo and the one INR released three days earlier (see March 1, 2002). It is not clear how they are related or if indeed they are actually the same)
The CIA sends a one-and-a-half-page cable to the White House, the FBI, the Justice Department, the Joint Chiefs of Staff, and the Defense Intelligence Agency, with news that a CIA source sent to Niger has failed to find any evidence to back claims that Iraq sought uranium from that country (see February 21, 2002-March 4, 2002). The cable contains an initial report of the source’s findings in Niger. [Knight Ridder, 6/12/2003; ABC News, 6/12/2003; Knight Ridder, 6/13/2003; Washington Post, 6/13/2003; BBC, 7/8/2003; BBC, 7/8/2003; US Congress, 7/7/2004] The agency rates the quality of the information in the report as “good,” with a rating of 3 out of 5. [CounterPunch, 11/9/2005]
Caveats and Denials - The report does not name the CIA source or indicate that the person is a former ambassador. Instead it describes the source as “a contact with excellent access who does not have an established reporting record” and notes that the Nigeriens with whom he spoke “knew their remarks could reach the US government and may have intended to influence as well as inform.” A later Senate report on the US’s pre-war intelligence on Iraq will state: “The intelligence report indicated that former Nigerien Prime Minister Ibrahim Mayaki was unaware of any contracts that had been signed between Niger and any rogue states for the sale of yellowcake while he was prime minister (1997-1999) or foreign minister (1996-1997). Mayaki said that if there had been any such contract during his tenure, he would have been aware of it.” Mayaki, according to the report, also acknowledged a June 1999 visit (see June 1999) by a businessman who arranged a meeting between Mayaki and an Iraqi delegation to discuss “expanding commercial relations” between Niger and Iraq. The intelligence report says that Mayaki interpreted “expanding commercial relations” to mean that the delegation wanted to discuss purchasing uranium. The meeting did take place, but according to the report, “Mayaki let the matter drop due to UN sanctions on Iraq.” The intelligence report also says that Niger’s former Minister for Energy and Mines, Mai Manga, told Wilson that there have been no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s. Mai Manga is also reported to have described how the French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transportation overseas. Manga said he believed it would be difficult, if not impossible, to arrange a special clandestine shipment of uranium to a country like Iraq. [US Congress, 7/7/2004]
White House: Report Left Out Details, Considered Unimportant - Bush administration officials will say in June 2003 that the report left out important details, such as the trip’s conclusions. And consequently, the Washington Post will report in June 2003, “It was not considered unusual or very important and not passed on to Condoleezza Rice, the president’s national security adviser, or other senior White House officials.” [Washington Post, 6/12/2003 ; Washington Post, 6/13/2003; Knight Ridder, 6/13/2003]
CIA Source Doubts White House Claims - But the CIA source who made the journey, former ambassador Joseph Wilson, will find this explanation hard to believe. “Though I did not file a written report [he provided an oral briefing (see March 4-5, 2002)], there should be at least four documents in United States government archives confirming my mission,” he will later explain. “The documents should include the ambassador’s report of my debriefing in Niamey, a separate report written by the embassy staff, a CIA report summing up my trip, and a specific answer from the agency to the office of the vice president (this may have been delivered orally). While I have not seen any of these reports, I have spent enough time in government to know that this is standard operating procedure.” [New York Times, 7/6/2003]
Senior CIA Case Officer Backs Up Source - In 2007, Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will write of the report (see March 4-5, 2002) that if standard protocol has been followed, the report is distributed to “all the government departments that have intelligence components, such as the State Department’s Bureau of Intelligence and Research (INR), the National Security Agency (NSA), the Pentagon, and the overseas military commands. All of us had every reason to believe that their finished report would indeed be sent to the vice president’s office as part of the established protocol.” According to Plame Wilson, who read the report when it was completed (see (March 6, 2002)), much of the report focuses on “Niger’s strict, private, and government controls on mining consortia to ensure that no yellowcake went missing between the uranium mines and the marketplace.” She will write in 2007 that her husband’s report “corroborated and reinforced what was already known.” Both she and her husband assume that the allegations are sufficiently disproven and will not be heard of again. [Wilson, 2007, pp. 112-114]
Little New Information - According to intelligence analysts later interviewed by Congressional investigators, the intelligence community does not believe the trip has contributed any significant information to what is already known about the issue, aside from the details of the 1999 Iraqi delegation. [US Congress, 7/7/2004]
Entity Tags: Condoleezza Rice, Federal Bureau of Investigation, Ibrahim Mayaki, Defense Intelligence Agency, Central Intelligence Agency, US Department of Justice, Mai Manga, Bush administration (43), Valerie Plame Wilson, Joint Chiefs of Staff, Joseph C. Wilson
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
Defense Intelligence Agency analysts issue a “fabricator notice,” warning the intelligence community that the agency has determined (see Between February 12, 2002 and March 31, 2002) that Iraqi defector Mohammad Harith is of questionable reliability and recommending that agencies disregard any intelligence that he has provided. It also notes that Harith had been “coached by [the] Iraqi National Congress” on what to tell US interrogators. [New York Times, 2/13/2004; Newsweek, 2/16/2004; Knight Ridder, 7/16/2004 Sources: Unnamed US intelligence official] The classified memo is “widely circulated within intelligence agencies, including the DIA and CIA,” Newsweek will later report, citing unnamed intelligence officials. [Newsweek, 2/16/2004 Sources: Unnamed US Intelligence Officials, Linton Wells] Almost a year later, in a presentation to the UN, Secretary of State Colin Powell will make the claim that Iraq has mobile biological weapons labs (see February 5, 2003), and cite Harith as one of US Intelligence’s four sources. Explaining how the reference to a dubious source made its way into Powell’s speech, the State Department will say that the “fabricator notice” had not been properly cross-referenced in intelligence computers. [Newsweek, 2/16/2004]
The Iraqi National Congress (INC—see 1992-1996) sends a letter to the Senate Appropriations Committee asking that the INC’s “Intelligence Collection Program” be transferred from the State Department’s oversight to the Defense Intelligence Agency (DIA)‘s HUMINT (Human Intelligence) Service. In what former DIA official Patrick Lang will later call “a clumsy act of indiscretion,” the letter reveals that there is, in Lang’s words, “already a direct flow of information from the INC into the hands of Bill Luti [a senior official at the Pentagon’s Office of Special Plans—see September 2002 ] and John Hannah, the latter being Scooter Libby’s deputy in [Vice President] Cheney’s office.” [Middle East Policy Council, 6/2004]
The Defense Intelligence Agency (DIA) issues a report that concludes, “[C]ompelling evidence demonstrating direct cooperation between the government of Iraq and al-Qaeda has not been established, despite a large body of anecdotal information.” [Center for Public Integrity, 1/23/2008]
US Special Forces apprehend Mullah Akhter Mohammed Osmani, a top general and one of the six most-wanted Taliban, in Kandahar. He is flown to a detention center north of Kabul for interrogation, but is released a few weeks later and escapes to Pakistan. Contradicting the statements of many soldiers in Kandahar, the Defense Intelligence Agency says it “has no knowledge that Mullah Akhter Mohammed Osmani was ever in US custody in Afghanistan.” [Washington Times, 12/18/2002] Curiously, the CIA took part in secret talks with Osmani over the fate of bin Laden (see Mid-September-October 2, 2001). Osmani will be killed in an air strike at the end of 2006 (see December 19, 2006).
After the State Department decides it will no longer provide the Iraqi National Congress (INC) with monthly payments, funding for the INC’s “information collection” program and other covert operations is picked up by the Defense Intelligence Agency (DIA) which begins providing Chalabi’s group with a monthly stipend of $340,000. Under the DIA’s rules, the INC is forbidden from publicly releasing any info about its intelligence program without written permission from the Pentagon. Under the State Department, the INC had been feeding stories to the media. The Defense Department tasks the INC with collecting intelligence on Iraq’s alleged ties to al-Qaeda, its presumed arsenal of WMD, and the whereabouts of Michael Scott Speicher, a US Navy pilot missing since being shot down during the first gulf war. Not withstanding its divorce with the INC, the State Department will continue supporting other INC initiatives, providing it with $8 million for its newspaper, anti-Hussein television broadcasts into Iraq, and regional offices and humanitarian relief programs. [Washington Post, 8/16/2002; Houston Chronicle, 3/11/2004; Newsweek, 4/5/2004; New Yorker, 6/7/2004]
The Defense Intelligence Agency (DIA) issues an assessment on Iraq’s “Reemerging Nuclear Weapons Program,” which concludes that the aluminum tubes Iraq attempted to import from China (see July 2001) could be used in an Iraqi gas centrifuge enrichment program. It notes that “[a]lternative uses for the tubes, such as rocket motor cases or launch tubes, are possible. However, this is less likely because the specifications are consistent with late-1980s Iraqi gas centrifuge rotor designs.”
[US Congress, 7/7/2004]
A DIA office. [Source: Daily Wireless]The Defense Intelligence Agency (DIA) issues an 80-plus-page classified report titled, “Iraq: Key Weapons Facilities—An Operational Support Study,” concluding that there is “no reliable information on whether Iraq is producing and stockpiling chemical weapons.” [US Department of Defense, 9/2002 ; Bloomberg, 6/6/2003; Reuters, 6/6/2003; US News and World Report, 6/9/2003] When this is reported in the press in June 2003, Michael Anton, a spokesman with the National Security Council, immediately denies that the report suggested the administration had misrepresented intelligence. “The entire report paints a different picture than the selective quotes would lead you to believe. The entire report is consistent with [sic] the president was saying at the time,” he claims. [Fox News, 6/6/2003] But two Pentagon officials confirm to Fox News that according to the report, the Defense Intelligence Agency indeed had no hard evidence of Iraqi chemical weapons. [Fox News, 6/6/2003]
The Defense Intelligence Agency releases an intelligence assessment entitled “Iraq’s Reemerging Nuclear Program” that claims, “Iraq has been vigorously trying to procure uranium ore and yellowcake” for the production of nuclear weapons. The DIA is referring to the tale of the Iraq-Niger uranium deal (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002), as well as purported dealings with Somalia and the Democratic Republic of the Congo. The assessment says that “DIA cannot confirm whether Iraq succeeded in acquiring uranium ore and/or yellowcake from these sources.” [Defense Intelligence Agency, 9/2002 ; Unger, 2007, pp. 259]
CIA Director George Tenet appears before the Senate Select Committee on Intelligence in a secret session to discuss the agency’s intelligence on Iraq. He tells the senators that agency analysts have concluded that Saddam Hussein is rebuilding his nuclear arsenal and that there are about 550 sites in Iraq where chemical and biological weapons are being stored. He adds that the regime has developed drones capable of delivering these weapons, perhaps even to the US mainland. When Tenet finishes his briefing, senators Bob Graham (D-FL) and Richard Durbin (D-IL) ask to see the agency’s latest National Intelligence Estimate (NIE) on Iraq. Tenet replies that the CIA has not prepared one. “We’ve never done a National Intelligence Estimate on Iraq, including its weapons of mass destruction.” The Democrats find this revelation “stunning.” Recalling the matter in a 2006 interview, Graham tells PBS Frontline: “We do these on almost every significant activity—much less significant than getting ready to go to war.… We were flying blind.” [PBS Frontline, 1/20/2006]
Democrats Insist on NIE; CIA, White House Resistant - The Democrats on the committee begin pressing for a new NIE on Iraq. They want it completed before they vote on a resolution that would authorize the use of force against Iraq. [Independent, 11/3/2003; New York Times, 10/3/2004] Tenet trys to resist the senators’ call, saying that the agency is “doing a lot of other things” and “is stretched thin.” [PBS Frontline, 1/20/2006] The White House does not want a National Intelligence Estimate, because, according to one senior intelligence official, it knows “there [are] disagreements over details in almost every aspect of the administration’s case against Iraq.” The president’s advisers, according to the official, do not want “a lot of footnotes and disclaimers.” [Washington Post, 8/10/2003] Graham tells Tenet: “We don’t care. This is the most important decision that we as members of Congress and that the people of America are likely to make in the foreseeable future. We want to have the best understanding of what it is we’re about to get involved in.” [Unger, 2007, pp. 245-246] Tenet will finally give into the senators’ request on September 11 after Graham insists on a new NIE in a classified letter. [Washington Post, 8/10/2003; Middle East Policy Council, 6/2004]
NIE Finished in Three Weeks - Though NIEs usually take months, sometimes even years, to prepare, US intelligence services will finish the report in three weeks (see October 1, 2002). [Independent, 11/3/2003; New York Times, 10/3/2004; PBS Frontline, 1/20/2006] Former Defense Intelligence Agency official Patrick Lang will later write: “It is telling that, in the more than two-year run-up to the March 2003 invasion of Iraq, nobody in the Bush administration sought to commission a National Intelligence Estimate… on Saddam Hussein’s WMD programs. Perhaps it is unsurprising that they did not want such an estimate. An estimate, if conducted over a period of months, would undoubtedly have revealed deep skepticism about the threat posed by Saddam’s weapons program. It would have exposed major gaps in the intelligence picture, particularly since the pullout of UN weapons inspectors from Iraq at the end of 1998, and it would have likely undercut the rush to war.… The report was to be rushed to completion in three weeks, so it could reach the desks of the relevant Congressional committee members before a vote on war-powers authorization scheduled for early October, on the eve of the midterm elections. As the NIE went forward for approval, everyone knew that there were major problems with it.” [Middle East Policy Council, 6/2004]
Hubris, Failure to Consider Consequences behind Failure to Seek NIE - Reflecting on the administration’s reluctance to seek an NIE on Iraq before invading it, Paul Pillar, currently the CIA’s National Intelligence Officer for the Near East and South Asia, will say: “The makers of the war had no appetite for and did not request any such assessments. Anybody who wanted an intelligence community assessment on any of this stuff would’ve come through me, and I got no requests at all. As to why this was the case, I would give two general answers. Number one was just extreme hubris and self-confidence. If you truly believe in the power of free economics and free politics, and their attractiveness to all populations of the world, and their ability to sweep away all manner of ills, then you tend not to worry about these things so much. The other major reason is that, given the difficulty of mustering public support for something as extreme as an offensive war, any serious discussion inside the government about the messy consequences, the things that could go wrong, would complicate even further the job of selling the war.” [Vanity Fair, 2/2009]
During a White House meeting with Colombian President Alvaro Uribe, George Bush makes the claim that Saddam Hussein and Osama bin Laden work together. “They’re both risks, they’re both dangerous,” Bush tells reporters. “The danger is, is that they work in concert,” he says in response to a question from a Reuters reporter. “The difference, of course, is that al-Qaeda likes to hijack governments. Saddam Hussein is a dictator of a government. Al-Qaeda hides, Saddam doesn’t, but the danger is, is that they work in concert. The danger is, is that al-Qaeda becomes an extension of Saddam’s madness and his hatred and his capacity to extend weapons of mass destruction around the world. Both of them need to be dealt with. The war on terror, you can’t distinguish between al-Qaeda and Saddam when you talk about the war on terror. And so it’s a comparison that is - I can’t make because I can’t distinguish between the two, because they’re both equally as bad, and equally as evil, and equally as destructive.” [Knight Ridder, 9/25/2002; Washington Post, 9/26/2002; US President, 9/30/2002; Center for Public Integrity, 1/23/2008] Later in the day, Bush’s comments are downplayed by White House Press Secretary Ari Fleischer, who says that Bush did not mean bin Laden and Hussein are working together, but rather that there is the danger that they could work together. He explains: “Clearly, al-Qaeda is operating inside Iraq. In the shadowy world of terrorism, sometimes there is no precise way to have definitive information until it is too late.” [Washington Post, 9/26/2002; White House, 9/25/2003] Bush fails to mention that the Defense Intelligence Agency has found no evidence of any such connections (see July 2002), or that eight days before his statement, the director of the CIA, George Tenet, told a Senate committee that no such connections can be shown to exist (see September 17, 2002). [Center for Public Integrity, 1/23/2008]
President Bush receives a one-page, highly classified “President’s Summary” of the US intelligence community’s new National Intelligence Estimate on Iraq (see October 1, 2002). The summary discusses the high-strength aluminum tubes that many administration and Pentagon officials believe are being used to help Iraq construct a nuclear weapon. Both the Energy Department (DOE) and the State Department’s Bureau of Intelligence and Research (INR) believe the tubes are “intended for conventional weapons,” contradicting the view of other intelligence agencies, including the CIA and DIA. The public will not be told of Bush’s personal knowledge of the DOE and INR dissents until March 2006. National Security Adviser Condoleezza Rice and other senior officials will try to explain the administration’s stance on Iraq’s nuclear program by asserting that neither Bush, Vice President Cheney, nor Rice ever saw the dissents. For months, Bush, Cheney, Rice, Secretary of State Colin Powell (see February 5, 2003), and others will cite the tubes as indisputable proof of an Iraqi nuclear program. US inspectors will discover, after the fall of the Iraqi regime, that the nuclear program had been dormant for over ten years, and the aluminum tubes used only for artillery shells.
Inquiry - The Bush administration will refuse to release the summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about Iraq’s nuclear weapons program. A senior official calls it the “one document which illustrates what the president knew and when he knew it.” It is likely that Bush never read the dissents in the report itself, as administration officials will confirm they do not believe Bush would have read the entire NIE, and it is likely that he never made it to the dissents, in a special text box positioned well away from the main text of the report. However, the one-page summary was written specifically for Bush, was handed to Bush by then-CIA director George Tenet, Bush read the summary in Tenet’s presence, and the two discussed the subject at length. Cheney was given virtually the same information as Bush concerning every aspect of the intelligence community’s findings on Iraq. Nevertheless, Bush and other officials (see July 11, 2003) will claim for months that they were unaware of the dissents. [National Journal, 3/2/2006]
Senior Bush neoconservatives, angry at the US intelligence community’s refusal to allow the Iraq-Niger uranium deal allegations into President Bush’s Cincinnati speech (see October 5, 2002 and October 6, 2002), begin purging “troublesome” intelligence analysts. One such victim is Bruce Hardcastle (see Early 2002), the DIA’s intelligence officer for the Middle East, South Asia, and Counterterrorism. Hardcastle has challenged Bush officials, telling them “that the way they were handling evidence was wrong.” In retaliation, not only does Hardcastle lose his job, but his position is eliminated entirely. DIA analyst Patrick Lang will later recall: “They wanted just liaison officers who were junior. They didn’t want a senior intelligence officer who argued with them.” Lang will recall Hardcastle saying, “I couldn’t deal with these people.” Lang continues: “They are such ideologues that they know what the outcome should be.… They start with an almost psuedo-religious faith. They wanted the intelligence agencies to produce material to show a threat, particularly an imminent threat. Then they worked back to prove their case. It was the opposite of what the process should have been like, that the evidence should prove the case.” [Unger, 2007, pp. 262-263]
Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]
Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command
Timeline Tags: Torture of US Captives, Civil Liberties
The US embassy in Rome faxes the Niger documents to the State Department’s Bureau of Nonproliferation, which then passes a copy of the documents to the Bureau of Intelligence and Research (INR), the State Department’s intelligence bureau. [US Congress, 7/7/2004, pp. 58] Simon Dodge, an INR nuclear analyst, receives a copy, and after a brief review of the documents immediately suspects that they are bogus. One particularly strange document that is included in the Niger papers describes a secret meeting that allegedly took place on June 14, 2002 at the home of the Iraqi ambassador in Rome. According to the document, the meeting was attended by military officials from Iraq, Iran, Sudan, Libya, and Pakistan. The purpose of the meeting was to form a coalition of Islamic nations against the West. They would seek “Global Support,” which would include backing from the “Islamic patriots accused of belonging to criminal organizations.” Dodge finds the scenario depicted in the document “completely implausible.” He notices that the document bears the same official seal that is stamped on the Niger documents. He concludes that the documents are probably all fakes, and he sends an email to other analysts in the intelligence community explaining this conclusion. [US Congress, 7/7/2004, pp. 58; Isikoff and Corn, 2006, pp. 162; CBS News, 4/23/2006] According to one unnamed CIA official, “Everybody knew at every step of the way that they were false—until they got to the Pentagon, where they were believed.” [New Yorker, 10/27/2003] Copies also go to nuclear experts at the DIA, the Department of Energy, and the NSA. Wayne White, the deputy director of the INR and the INR’s principal Iraq analyst, reviews the documents himself. Within 15 minutes he too begins doubting their authenticity (see Mid-October 2002). [Unger, 2007, pp. 261]
Two months after the September 2002 Defense Intelligence Agency report (see September 2002)—which found there was no conclusive evidence Iraq has chemical weapons—another secret document titled, “Iraq’s Nuclear, Biological and Chemical Weapon and Missile Program: Progress, Prospects, and Potential Vulnerabilities,” is completed. It also says in very clear terms that there is no solid proof that Iraq has chemical weapons. One passage from the report says, “No reliable information indicates whether Iraq is producing and stockpiling chemical weapons or where the country has or will establish its chemical agent production facility.” [US Department of Defense, n.d.; US News and World Report, 6/13/2003]
Mark Garlasco. [Source: Canal+]The Defense Intelligence Agency [DIA] concludes early in 2003 that the intelligence being provided by dissidents supplied by Ahmed Chalabi’s Iraqi National Congress (INC) is of little value. The New York Times reports that an internal DIA study has found that “dissidents invented or exaggerated their credentials as people with direct knowledge of the Iraqi government and its suspected unconventional weapons program.” [New York Times, 9/29/2003; Independent, 9/30/2003] The study also reveals that more than $1 million was paid to Chalabi’s group for information about Saddam Hussein’s alleged banned weapons programs. [New York Times, 9/29/2003; Independent, 9/30/2003] Unnamed officials interviewed by the Times say the defectors were considered by the Defense Intelligence Agency to be dubious sources from the start. It is believed that the dissidents’ motivation for talking has been money and their opposition to Saddam Hussein. But the Times’ sources “would not speculate on whether the defectors had knowingly provided false information and, if so, what their motivation might have been.” [New York Times, 9/29/2003; Independent, 9/30/2003] Similarly, Mark Garlasco of the DIA will tell PBS Frontline in 2006, that the “INC was constantly shoving crap at us. They were providing information that they thought we wanted to hear. They were feeding the beast [referring to the Office of Special Plans and those within the administration who wanted to go to war with Iraq].” [PBS Frontline, 6/20/2006] The bureau chief of Knight Ridder Newspapers, John Walcott, will later say of Chalabi, “Chalabi’s motives were always perfectly clear in this and understandable. He was an Iraqi. He didn’t want his country run by a thug and a murderer, a mass murderer, and a crook. And everything he said had to be looked at in that light, and scrutinized in that light. And why anyone would give him a free pass, or anyone else a free pass for that matter, on a matter as important as going to war, is beyond me.” [PBS, 4/25/2007]
Vice President Cheney, national security adviser Condoleezza Rice, and dozens of senior White House officials receive a highly classified intelligence assessment, a Senior Executive Memorandum titled “Questions on Why Iraq Is Procuring Aluminum Tubes and What the IAEA Has Found to Date,” on the issue of the disputed use of the Iraqi aluminum tubes. The report concludes that the CIA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, and National Security Agency all believe that the aluminum tubes were most likely intended for centrifuges. The memo says that only the intelligence units at the Departments of Energy and State, along with the UN’s International Atomic Energy Agency (IAEA), disagree with that assessment and believe the tubes were purchased to be used in Iraq’s conventional rocket program, and includes discussion of the dissenting opinions. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005; National Journal, 3/2/2006]
A working group appointed by the Defense Department’s general counsel, William J. Haynes, completes a 100-page-plus classified report justifying the use of torture on national security grounds. The group—headed by Air Force General Counsel Mary Walker and including top civilian and uniformed lawyers from each military branch—consulted representatives of the Justice Department, the Joint Chiefs of Staff, the Defense Intelligence Agency, and other intelligence agencies in drafting the report. It was prepared for Secretary of Defense Donald Rumsfeld and was meant to respond to complaints from commanders working at the Guantanamo Bay base in Cuba who claimed that conventional interrogation tactics were inadequate. The conclusions in the report are similar to those of an August 1, 2002 memo (see August 1, 2002) drafted by the Justice Department’s Office of Legal Counsel (OLC). The OLC is said to have also contributed to this report. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004; Los Angeles Times, 6/10/2004] The report notes that both Congress and the Justice Department will have difficulty enforcing the law if US military personnel could be shown to be acting as a result of presidential orders. [Washington Post, 6/8/2004]
President's Authority During War Gives Power to Order Torture, Supersede Law - One of the main conclusions of the report is that the president’s authority as commander-in-chief permits him during times of war to approve almost any physical or psychological interrogation method—including torture—irrespective of any domestic or international law. The report finds, “[I]n order to respect the President’s inherent constitutional authority to manage a military campaign… [the 1994 law banning torture] must be construed as inapplicable to interrogations undertaken pursuant to his Commander-in-Chief authority.” The draft report clearly states that neither Congress, the courts, nor international law has jurisdiction over the president’s actions when the country is waging war. The report asserts that “without a clear statement otherwise, criminal statutes are not read as infringing on the president’s ultimate authority” to wage war. Furthermore, “any effort by Congress to regulate the interrogation of unlawful combatants would violate the Constitution’s sole vesting of the commander-in-chief authority in the president.” According to the document, the federal Torture Statute simply does not apply. “In order to respect the president’s inherent constitutional authority to manage a military campaign… (the prohibition against torture) must be construed as inapplicable to interrogations undertaken pursuant to his commander-in chief authority,” the report states (The parenthetical comment is in the original document). A career military lawyer will later tell the Wall Street Journal that many lawyers disagreed with these conclusions, but that their concerns were overridden by the political appointees heading the drafting of the report. The lawyer explains that instead, military lawyers focused their efforts on limiting the report’s list of acceptable interrogation methods. [Wall Street Journal, 6/7/2004; Washington Post, 6/8/2004]
Guantanamo Bay Not Covered under Torture Restrictions - The report also finds that the 1994 law barring torture “does not apply to the conduct of US personnel” at Guantanamo Bay, nor does it apply to US military interrogations that occurred outside US “maritime and territorial jurisdiction,” such as in Iraq or Afghanistan. [Washington Post, 6/8/2004]
Legal Arguments to Defend against Torture Charges Conflict with International Statutes - The draft report lists several possible arguments that US civilian or military personnel might use to defend themselves against charges of torture or other war crimes. According to the administration’s lawyers, one argument would be that such actions were “necessary” in order to prevent an attack. However, this rationale seems to ignore very clear statements in the Convention Against Torture (see October 21, 1994) which states that “no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” Another line of defense, the report says, would be to claim that the accused had been acting under “superior orders” and that therefore no “moral choice was in fact possible.” Likewise, the report cites a Justice Department opinion, which the draft report says “concluded that it could not bring a criminal prosecution against a defendant who had acted pursuant to an exercise of the president’s constitutional power.” This also contradicts the Convention against Torture, which states that orders from superiors “may not be invoked as a justification of torture.” The authors of the report also suggest in the draft report that accused officials could argue that they had “mistakenly relied in good faith on the advice of lawyers or experts,” adding, “Good faith may be a complete defense.” The memo also argues that the International Covenant on Political and Civil Rights (ICCPR), to which the US is a party, “does not apply outside the United States or its special maritime and territorial jurisdiction (SMTJ), and that it does not apply to operations of the military during an international armed conflict,” as the US “has maintained consistently.” Since the “Guantanamo Bay Naval Station (GTMO) is included within the definition of the special maritime and territorial jurisdiction of the United States,” the ICCPR does not apply to Guantanamo Bay. The authors are also convinced that officials would not be prosecutable under US law, concluding that “constitutional principles” precluded the possibility that officials could be punished “for aiding the president in exercising his exclusive constitutional authorities” and neither Congress nor the courts had the authority to “require or implement the prosecution of such an individual.” [Wall Street Journal, 6/7/2004]
Defining Parameters of Interrogation Methods - The document attempts to define the parameters of lawful interrogation methods in terms of the degree of pain or psychological manipulation they cause. The report states that the infliction of physical or mental suffering does not constitute torture. To violate Section 2340 A of the US Code, prohibiting physical torture, suffering must be “severe,” the lawyers advise, noting that according to a dictionary definition, this would mean that the pain “must be of such a high level of intensity that… [it] is difficult for the subject to endure.” It must also be “inflicted with specific intent,” they say, meaning that the perpetrator expressly intends to cause severe pain and suffering. But if the defendant simply used pain and suffering as a means to an end, such specific intent would not exist. Under certain circumstances, the lawyers explain, the US would be justified in resorting to illegal measures like torture or homicide. They argue that such measures should be considered “self-defense” in cases where officials “honestly believe” that such actions would prevent an imminent attack against the US. “Sometimes the greater good for society will be accomplished by violating the literal language of the criminal law,” the draft document asserts. “In sum,” the panel determines, “the defense of superior orders will generally be available for US Armed Forces personnel engaged in exceptional interrogations except where the conduct goes so far as to be patently unlawful.” Civil law suits, the panel notes, by a foreign victim of torture will not apply to the US government. [US Department of Defense, 3/6/2003; Wall Street Journal, 6/7/2004]
Report May Not Define Practices, Pentagon Implies - A Pentagon spokesman later says the memo represents “a scholarly effort to define the perimeters of the law,” and notes: “What is legal and what is put into practice is a different story.” [Washington Post, 6/8/2004]
Entity Tags: US Department of Justice, US Department of Defense, Office of Legal Counsel (DOJ), International Covenant on Political and Civil Rights, Joint Chiefs of Staff, Convention Against Torture, Defense Intelligence Agency, Donald Rumsfeld, Mary L. Walker, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
In a response to a recent report from the International Atomic Energy Agency debunking the Iraq-Niger uranium claims (see March 7, 2003), and a report from the Defense Intelligence Agency that claims the allegations are true, a CIA senior-level report concludes, “We do not dispute the IAEA director general’s conclusion—last Friday before the UN Security Council—that documents on Iraq’s agreement to buy uranium from Niger are not authentic.” [Central Intelligence Agency, 4/3/2003 ; Central Intelligence Agency, 5/30/2003 ]
Overhead photo of Salman Pak, with erroneous captioning. [Source: The Beasley Firm]US forces overrun the Iraqi military training facility at Salman Pak, just south of Baghdad. The facility has been identified by several Iraqi National Congress defectors as a training facility for foreign terrorists, possibly aligned with al-Qaeda (see November 6-8, 2001). [New Yorker, 5/12/2003; Knight Ridder, 11/2/2005] The day of the raid, Brigadier General Vincent Brooks attempts to give the impression that US forces have found evidence that the camp was used to train terrorists, telling reporters that the camp was hit “in response to information that had been gained by coalition forces from some foreign fighters that we encountered from other country, not Iraq, and we believe that this camp had been used to train these foreign fighters in terror tactics…. The nature of the work being done by some of those people that we captured, their inferences to the type of training that they received, all of these things give us the impression that there was terrorist training that was conducted at Salman Pak.” Brooks says that tanks, armored personnel carriers, buildings used for “command and control and… morale and welfare” were destroyed. “All of that when you roll it together, the reports, where they’re from, why they might be here tell us there’s a linkage between this regime and terrorism and that’s something that we want to break…. There’s no indications of specific organizations that I’m aware of inside of that. We may still find it as with all operations that we conduct into a place, we look for more information after the operation is complete. We’ll pull documents out of it and see what the documents say, if there’s any links or indications. We’ll look and see if there’s any persons that are recovered that may not be Iraqi.” [CNN, 4/6/2003] However, US forces find no evidence whatsoever of any terrorists training activities at the camp. The story had a sensational effect in the media, and helped feed the public impression that the regime of Saddam Hussein was connected in some way with the 9/11 terrorists, but others, from Iraqi spokespersons to former US intelligence officials, asserted before the March 2003 invation that the Salman Pak facility was built, not for training terrorists, but for training Iraqi special forces to combat passenger jet hijackers. The facility formerly housed an old fuselage, generally identified as being from a Boeing 707, used in the training, and has been used in counter-terrorism training since the mid-1980s. A former CIA station chief says the agency assisted the Iraqis in their training: “We were helping our allies everywhere we had a liaison.” The former station chief adds that it is unlikely that the Iraqis, or anyone else, would train for terrorist strikes in an open facility easily spotted by satellite surveillance and human observers. “That’s Hollywood rinky-dink stuff,” he says. “They train in basements. You don’t need a real airplane to practice hijacking. The 9/11 terrorists went to gyms. But to take one back you have to practice on the real thing.” The US forces comb through Salman Pak, and find nothing to indicate that the facility was used for anything except counter-terrorism training. [New Yorker, 5/12/2003; Knight Ridder, 11/2/2005] In 2004, a senior US official will say of the claims about Salman Pak as a terrorist training facility, “We certainly have found nothing to substantiate that.” [Knight Ridder, 3/15/2004] In 2006, the Senate Intelligence Committee will report similar findings (see ISeptember 8, 2006). The CIA doubted reports of Salman Pak being used as a terrorist training camp as early as 2003 (see January 2003). And former UN weapons inspector Scott Ritter was debunking those stories in 2002 (see August 2002).
Analysts working for the CIA, the Defense Intelligence Agency, and other national security agencies compare prewar intelligence on suspected mobile biological weapons factories in Iraq with what has been learned about a recently discovered trailer. They conclude that the only plausible explanation for the trailer’s design is that the trailer was intended to produce biological weapons. [New York Times, 5/21/2003]
The CIA publicly releases a 6-page white paper titled “Iraqi Mobile Biological Warfare Agent Production Plants” concluding that the two trailers discovered in northern Iraq (see April 19, 2003)
(see May 9, 2003) were designed to produce biological weapons—directly contradicting the conclusion of a field report filed the previous day by biological weapons experts working in Iraq (see May 27, 2003). The report—the US government’s first formal assessment of the trailers—calls the discovery of the trailers the “strongest evidence to date that Iraq was hiding a biological warfare program.” It is based on a comparison of the trailers to descriptions that had been provided by Iraqi sources prior to the invasion. Though the report claims that there are no other plausible explanations for the trailers’ purpose, it does acknowledge that senior Iraqi officials at the al-Kindi research facility in Mosul, as well as a company that manufactured components for the trailers, say the trailers were built to make hydrogen for artillery weather balloons. The report calls this a “cover story.” [Central Intelligence Agency and Defense Intelligence Agency, 5/28/2003; New York Times, 6/7/2003; Los Angeles Times, 6/21/2003; New York Times, 6/26/2003] Though the report was authored by the CIA, there is a DIA logo printed on the paper to indicate that the DIA backs the report’s conclusions. But most DIA analysts do not. When the CIA was unable to convince DIA analysts to sign the paper, according to book Hubris, they contacted the one DIA analyst who did agree with their position, and got his approval to place the DIA logo on the white paper. “We were tricked,” one DIA analyst later explains. [Isikoff and Corn, 2006, pp. 228] It is later learned that the report was completed before the investigation had run its full course. A week after the report’s release, laboratories in the Middle East and the United States were still analyzing more than 100 samples that had been taken from the trailers. A senior analyst tells the New York Times that the white paper “was a rushed job and looks political.” [New York Times, 6/7/2003] It is also discovered that the two agencies did not consult with other intelligence offices. Normally such reports are not finalized until there is a consensus among the government’s numerous intelligence agencies. “The exclusion of the State Department’s intelligence bureau [INR] and other agencies seemed unusual, several government officials said, because of the high-profile subject,” the New York Times will later report. Moreover, the State Department’s intelligence agency was not even informed that the report was being prepared. [New York Times, 6/26/2003] When INR analysts read the report, they go “ballistic.” INR intelligence chief Carl Ford Jr. will later say of the report’s authors, “It wasn’t just that it was wrong. They lied.” [Isikoff and Corn, 2006, pp. 228]
The Defense Intelligence Agency sends an information memorandum to Deputy Secretary of Defense Paul Wolfowitz, responding to questions he has about Iraq’s alleged nuclear program. The memo states that “while the Intelligence Committee agrees that documents the IAEA reviewed were likely ‘fake,’ other unconfirmed reporting suggested that Iraq attempted to obtain uranium and yellowcake from African nations after 1998.” The memo also informs Wolfowitz of a November 2002 Navy report (see November 25, 2002) alleging that uranium held in a Benin warehouse was destined for Iraq. But the DIA fails to mention that this allegation was debunked two months earlier in a memo published by the National Intelligence Council (see April 5, 2003). [US Congress, 7/7/2004, pp. 71]
The US Army investigates the report of a colonel who documented potential abuses of Iraqi detainees by a joint Special Operations and CIA task force looking for weapons of mass destruction. The report will be made public by the American Civil Liberties Union (ACLU) almost four years later (see August 15, 2007). The ACLU believes the colonel, whose name is redacted from the report, is Colonel Stuart Herrington (see December 12, 2003). The colonel reports that in late November someone called him with details of prisoner abuse that had occurred in June or July 2003 in the vicinity of Baghdad International Airport. The colonel’s source had previously reported the abuse to Major General Keith Dayton, commander of the Iraq Survey Group in charge of the hunt for weapons of mass destruction, and to officials in the Defense Intelligence Agency. The colonel meets with Major General Barbara Fast, the top intelligence officer in Baghdad, to brief her on his investigation into the matter, and gives her a copy of the report. The colonel is subsequently informed that the Judge Advocate General’s office attached to the US command in Iraq found “no evidence to support the allegations that detainees were mistreated.” The colonel believes this conclusion is a “cover-up,” and, in later testimony, will refer to his “blunt dismay” at the finding. He will testify that he cannot understand how his own report could have been taken so lightly given that he had provided names of the witnesses and “already had two people who admitted it.” Fast will later say to the colonel that she never saw his report until mid-2004, a statement that the colonel has trouble believing. Fast will be cleared of all allegations of misconduct by the Army inspector general, who will conclude that she took prompt action to alert the proper authorities once she was informed of the alleged abuse. [American Civil Liberties Union, 8/15/2007]
The Defense Intelligence Agency (DIA) in Washington, DC apparently destroys duplicate copies of documentation relating to a military intelligence unit called Able Danger, for unknown reasons. The documents had been maintained by one of the DIA’s employees, intelligence officer Anthony Shaffer. [US Congress, 9/21/2005] The Able Danger unit was established in fall 1999, to assemble information about al-Qaeda networks worldwide (see Fall 1999). Lt. Col. Anthony Shaffer had served as a liaison officer between the unit and the DIA. [New York Times, 8/17/2005; Guardian, 8/18/2005] Able Danger allegedly identified Mohamed Atta and three other future 9/11 hijackers more than a year before the attacks (see January-February 2000). Other records relating to the unit were destroyed in May and June 2000, and March 2001 (see May-June 2000). [US Congress, 9/21/2005; Fox News, 9/24/2005]
Vice President Dick Cheney is interviewed in his office by federal prosecutors as part of the Valerie Plame Wilson identity leak investigation (see December 30, 2003). Cheney is asked if he knows who, if anyone, in the White House might have leaked Plame Wilson’s identity to the press. He is asked about conversations with his senior aides, including his chief of staff, Lewis “Scooter” Libby. He is also asked whether he knows of any concerted effort by White House officials to leak Plame Wilson’s identity. Cheney is not questioned under oath, and has not been asked to testify before the grand jury. He is represented by two lawyers, Terrence O’Donnell and Emmet Flood. [Federal Bureau of Investigation, 5/8/2004 ; New York Times, 6/5/2004]
Cheney Evades, Refuses to Answer Questions - In October 2009, an FBI interview summary regarding Cheney’s testimony will be released (see October 1, 2009). According to the document, Cheney equivocates or refuses to answer 72 times during his interview, either saying he cannot be certain about the information requested, or that he does not know.
Denies Informing Libby about Plame Wilson's CIA Status - One of the most fundamental questions Cheney is asked is about how Libby learned about Plame Wilson’s identity. Libby’s own notes indicate that he learned it from Cheney, and that he had shared his notes with Cheney in late 2003 (see Late September or Early October, 2003), in defiance of instructions from the FBI and the White House counsel’s office not to share information with colleagues (see September 29-30, 2003). But in his testimony, Cheney “cannot recall Scooter Libby telling him how he first heard of Valerie Wilson. It is possible Libby may have learned about Valerie Wilson’s employment from the vice president… but the vice president has no specific recollection of such a conversation.” [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney testifies that contrary to the evidence, he learned of Plame Wilson’s CIA status from Libby, who informed him that a number of reporters had contacted Libby in July 2003 to say that Plame Wilson had been responsible for arranging her husband’s trip to Niger to investigate the Niger uranium claims. Cheney says that the next time he heard about Plame Wilson and her connection to her husband was when he read Robert Novak’s article outing her as a CIA officer (see July 14, 2003). Cheney is lying; he informed Libby of Plame Wilson’s identity (see (June 12, 2003)).
Denies Knowledge of Wilson Trip to Niger - He also denies knowing that Plame Wilson’s husband, war critic and former ambassador Joseph Wilson, was sent to Niger to investigate claims that Iraq was attempting to buy uranium from that country (see (February 13, 2002) and February 21, 2002-March 4, 2002), and says the CIA never briefed him about Wilson’s trip (see March 5, 2002). Future testimony will challenge Cheney’s claims, as witnesses will testify that Cheney, Libby, Deputy National Security Adviser Stephen Hadley, the Defense Department, the State Department, the Defense Intelligence Agency, the Joint Chiefs of Staff, the National Security Council, and President Bush were all given copies of a CIA cable sent to Cheney’s office that debunked the Niger claims (see December 2001, Shortly after February 12, 2002, March 5, 2002, February 12, 2002, March 8, 2002, October 15, 2002, Mid-October 2002, October 18, 2002, January 2003, and March 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006]
Refuses to Answer about WMD NIE - Prosecutor Patrick Fitzgerald, leading the interview, presses Cheney to discuss evidence that shows he pressured Bush to quickly declassify portions of the October 2002 National Intelligence Estimate on Iraqi WMD (see October 1, 2002) for the purpose of making the case for invading Iraq. Libby provided selected NIE information to New York Times reporter Judith Miller while simultaneously leaking Plame Wilson’s identity to her (see June 23, 2003, 8:30 a.m. July 8, 2003, and Late Afternoon, July 12, 2003) and other reporters. Cheney refuses to confirm that he discussed anything regarding the NIE with Bush, saying that he could not comment on any private or privileged conversations he may have had with the president. Libby has already testified to the declassification of the NIE, telling prosecutors that he talked to Miller following the “president’s approval relayed to me through the vice president.”
Insists Plame Wilson's Identity Never Used to Discredit Husband - Cheney insists that no one in the White House ever talked about leaking Plame Wilson’s CIA status to the press in an attempt to discredit her husband. There was never any discussion, Cheney says, of “pushing back” on Wilson’s credibility by raising the issue of nepotism, the fact that his wife worked for the CIA, the same agency that dispatched him to Niger to run down the report of an agreement to supply uranium to Iraq. In his own testimony, Libby was far less emphatic, saying “[i]t’s possible” he may have discussed the idea with Cheney. Both men lie in their testimony (see March 9, 2003 and After, May 2003, June 3, 2003, June 9, 2003, June 11 or 12, 2003, (June 11, 2003), 12:00 p.m. June 11, 2003, 2:00 p.m. June 11, 2003, 5:27 p.m. June 11, 2003, (June 12, 2003), June 19 or 20, 2003, July 7, 2003 or Shortly After, July 7-8, 2003, 12:00 p.m. July 7, 2003, July 8, 2003, and 7:35 a.m. July 8, 2003). [Federal Bureau of Investigation, 5/8/2004 ; Associated Press, 11/2/2009] Cheney tells prosecutors that he and his office were merely interested in rebutting Wilson’s criticisms of the war effort, and wanted to dispel the notion among some reporters that he had selected Wilson for the Niger trip. In 2006, an attorney close to the case will say: “In his testimony the vice president said that his staff referred media calls about Wilson to the White House press office. He said that was the appropriate venue for responding to statements by Mr. Wilson that he believed were wrong.” [Federal Bureau of Investigation, 5/8/2004 ; Truthout (.org), 2/15/2006] In June 2009, the Department of Justice will reveal that Cheney and Bush had discussed the leak in a “confidential conversation” and “an apparent communication between the vice president and the president.” [Truthout (.org), 7/7/2009]
Entity Tags: Terrence O’Donnell, US Department of State, Valerie Plame Wilson, Stephen J. Hadley, US Department of Defense, Robert Novak, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Emmet Flood, Defense Intelligence Agency, Bush administration (43), Federal Bureau of Investigation, George W. Bush, Joint Chiefs of Staff, National Security Council, Judith Miller, Joseph C. Wilson, Richard (“Dick”) Cheney, US Department of Justice
Timeline Tags: Niger Uranium and Plame Outing
A Defense Intelligence Agency (DIA) document shows that Lieutenant General Ricardo Sanchez, the supreme commanding officer of US forces in Iraq, approved of extreme interrogation methods to be used by military interrogators against detainees. A DIA officer in charge of a team of interrogators states that there is a 35-page order spelling out the rules of engagement that interrogators are supposed to follow, and that they are encouraged to “go to the outer limits to get information from the detainees by people who wanted the information.” When asked to whom the officer is referring, the officer answers, “LTG Sanchez.” The officer states that the expectation coming from “headquarters” is to break the detainees. [American Civil Liberties Union, 5/2/2006]
Former Defense Intelligence Agency analyst Patrick Lang writes that, in his opinion, a “small group of people who think they are the ‘bearers’ of a uniquely correct view of the world… sought to dominate the foreign policy of the United States in the Bush 43 administration, and succeeded in doing so through a practice of excluding all who disagreed with them. Those they could not drive from government they bullied and undermined until they, too, had drunk from the vat.” (Lang correlates the phrase “drunk from the vat” with the common metaphor of “drinking the Kool-Aid,” a particularly nasty turn of phrase sourced from the 1978 Jonestown massacre in Guyana. The phrase now means, Lang explains, “that the person in question has given up personal integrity and has succumbed to the prevailing group-think that typifies policymaking today.”) The result is the war in Iraq, Lang argues, with steadily rising body counts and no clear end in sight.
'Walking Dead' Waiting for Retirement - Lang notes that senior military officers have said that the war’s senior strategist, General Tommy Franks, “had drunk the Kool-Aid,” and many intelligence officers have told Lang that “they too drank the Kool-Aid and as a result consider themselves to be among the ‘walking dead,’ waiting only for retirement and praying for an early release that will allow them to go away and try to forget their dishonor and the damage they have done to the intelligence services and therefore to the republic.” Lang writes that the US intelligence community has been deeply corrupted, bent on serving “specific group goals, ends, and beliefs held to the point of religious faith” and no longer fulfilling its core mission of “describing reality. The policy staffs and politicals in the government have the task of creating a new reality, more to their taste.… Without objective facts, decisions are based on subjective drivel. Wars result from such drivel. We are in the midst of one at present.”
Shutting out Regional Experts - There is little place in Bush administration policy discussions for real experts on the Middle East, Lang writes: “The Pentagon civilian bureaucracy of the Bush administration, dominated by an inner circle of think-tankers, lawyers, and former Senate staffers, virtually hung out a sign, ‘Arabic Speakers Need Not Apply.’ They effectively purged the process of Americans who might have inadvertently developed sympathies for the people of the region. Instead of including such veterans in the planning process, the Bush team opted for amateurs brought in from outside the executive branch who tended to share the views of many of President Bush’s earliest foreign policy advisors and mentors. Because of this hiring bias, the American people got a Middle East planning process dominated by ‘insider’ discourse among longtime colleagues and old friends who ate, drank, talked, worked, and planned only with each other. Most of these people already shared attitudes and concepts of how the Middle East should be handled. Their continued association only reinforced their common beliefs.” The Bush administration does not countenance dissent or open exchange and discussion of opposing beliefs. The Bush policymakers behave, Lang writes, as if they have seized power in a ‘silent coup,’ treating outsiders as political enemies and refusing to hear anything except discussion of their own narrow, mutually shared beliefs.
Using INC Information - Beginning in January 2001, the Bush administration began relying heavily on dubious intelligence provided by Ahmed Chalabi and his Iraqi National Congress (INC—see January 30, 2001). The INC began receiving State Department funds in what some White House officials called the “Information Collection Program.” While the US intelligence community had little use for Chalabi, considering him an unreliable fabricator (see 1992-1996), he had close ties with many in the administration, particularly in the office of the vice president and in the senior civilian leadership of the Pentagon (see 1960s, 1985, and 1990-1991). Lang writes that while the INC excelled in providing Iraqi defectors with lurid, usually false tales, “what the program really did was to provide a steady stream of raw information useful in challenging the collective wisdom of the intelligence community where the ‘War with Iraq’ enthusiasts disagreed with the intelligence agencies.” The office of the vice president created what Lang calls “its own intelligence office, buried in the recesses of the Pentagon, to ‘stovepipe’ raw data to the White House, to make the case for war on the basis of the testimony of self-interested emigres and exiles” (see August 2002). From working as the DIA’s senior officer for the Middle East during the 1991 Gulf War and after, Lang knows from personal experience that many neoconservative White House officials believe, as does Vice President Cheney, that it was a mistake for the US to have refrained from occupying Baghdad and toppling Saddam Hussein in 1991 (see August 1992). Lang calls some of these officials “deeply embittered” and ready to rectify what they perceive as a grave error. [Middle East Policy Council, 6/2004]
In a two-page “info memo,” Vice Adm. Lowell E. Jacoby, the director of the Defense Intelligence Agency (DIA), reports to Stephen A. Cambone, under secretary of Defense for Intelligence, an incident involving abuse in Iraq that happened after the Abu Ghraib photographs were publicly revealed. The day before, Jacoby received a report from two members of his agency, describing mistreatment of detainees by Task Force (TF) 6-26, the successor to TF-121, and composed of members of Special Forces units. Earlier that month, two members of the DIA observed that prisoners were brought into the “Temporary Detention Facility in Baghdad” who had burn marks on their backs and bruises and complained of pain in their kidneys. One of the DIA officials then witnessed an interrogator from TF-6-26 “punch a prisoner in the face to the point the individual needed medical attention.” When this intelligence official subsequently took pictures of the victim, the photos were confiscated. When the two intelligence personnel objected to the treatment, they were threatened and told to keep quiet. The keys to their vehicles were confiscated and they were instructed “not to leave the compound without specific permission, even to get a haircut.” They were told their e-mail messages would be screened. Their witnessing had apparently been a mistake on the part of the Special Forces soldiers. The two witnesses nevertheless persevered in reporting the incident to their superiors and their account found its way to Adm. Jacoby. [New York Times, 12/8/2004; Washington Post, 12/8/2004] The Pentagon will report on December 8, 2004 that four members of the Task Force were disciplined in connection with this incident and reassigned to other duties. [Guardian, 12/9/2004]
The Washington Post reports that several thousand shoulder-fired surface-to-air missiles (SAMs), once under the control of Saddam Hussein’s government, are now missing. Their disappearance prompts US military and intelligence analysts to dramatically increase their estimate of such weapons that are missing and may be in the hands of insurgents. US analysts report that as many as 4,000 SAMs are unaccounted for, raising the total of such missiles unaccounted for to around 6,000. Exact figures are uncertain. “We don’t have a good estimate,” says a senior defense official. “Some have put forward some figures, but there is none that the Defense Intelligence Agency has confidence in.” When the US invaded Iraq, it did not secure many weapons depots, and hundreds of thousands of tons of munitions were looted. Since then, some have undoubtedly been sold to terrorist organizations. It would be a relatively simple matter to use SAMs to shoot down military or commercial aircraft, and in several instances, insurgents have used such missiles to shoot down American military helicopters. [Washington Post, 11/7/2004; Unger, 2007, pp. 325]
The FBI office in New Haven, Connecticut receives an e-mail that looks like a terrorist threat. The agents there follow the normal routine: they ask the service provider, a group of Connecticut public libraries, for the real name, street address, and Internet logs of the sender. The agents have no search warrant, grand jury subpoena, or court order. What they do have is a National Security Letter (NSL) that describes the records needed. According to the expanded USA Patriot Act, the NSL is all the FBI needs, and the NSL statute bars the librarians from disclosing the request to anyone. The librarians will refuse to hand over the information, and will file a federal lawsuit challenging the NSL as an unconstitutional infringement on free speech (see July 13, 2005). The e-mailed threat will turn out to be a hoax. Kevin O’Connor, the US attorney in Connecticut, later says the FBI suspected that the threat was a hoax from the outset, but believed they had an “obligation” to pursue it. “We weren’t tying up librarians or reading through books,” he will say. “All we wanted was identifying information. God forbid it isn’t a hoax.” The librarians who challenge the NSL, however, feel differently. George Christian, the point man in the librarians’ legal challenge, will say, “The idea that the government can secretly investigate what the public is informing itself about is chilling.” A judge will strike down the NSL gag order, allowing Christian and his three colleagues (by now dubbed the “Connecticut Four” by the media) to disclose the fact that they had received an NSL, with a judge calling the NSL gag order “antithetical to democratic concepts”. In April 2006, the government will drop its NSL request (see August 2005-May 2006). Christian will be unmollified. “The fact that I can speak now is a little like being permitted to call the Fire Department only after a building has burned to the ground,” he will say. [USA Today, 7/6/2006]
Current and former National Security Agency (NSA) employees say that the agency often retaliates against whistleblowers by labeling them “delusional,” “paranoid,” or “psychotic.” They say such labeling protects powerful superiors who might be incriminated by potentially criminal evidence provided by such whistleblowers, and helps to keep employees in line through fear and intimidation. One NSA whistleblower, former intelligence analyst Russell Tice, is currently the victim of such agency allegations. Tice, along with three other former analysts, Diane Ring, Thomas Reinbold, and another analyst who wishes to remain anonymous, make the allegations of unfounded psychological labeling by the agency; their allegations are corroborated by a current NSA officer who also wishes to remain anonymous. [Cybercast News Service, 1/25/2006]
Identifying a Potential Spy - Tice, a former signals intelligence (SIGINT) officer, is the first NSA whistleblower to capture the media’s attention, when in 2004, the Pentagon investigated possible NSA retaliation against him. In 2001, Tice reported that a co-worker at the Pentagon’s Defense Intelligence Agency (DIA) was possibly engaged in espionage for China, possibly connected to California Republican official and Chinese double agent Katrina Leung. [Democracy Now!, 1/3/2006; Cybercast News Service, 1/25/2006] Tice says, “I saw all the classic signs” in the DIA employee. After transferring to the NSA in November 2002, he reported his concerns again, this time adding criticisms of incompetence for the FBI, who in Tice’s view failed to properly investigate his allegations. Instead, Tice was ordered by NSA Security to undergo psychiatric evaluation. He was labeled “paranoid” and “psychotic” by NSA forensic psychologist Dr. John Michael Schmidt; Tice lost his top-secret security clearance as a result. [Cybercast News Service, 1/25/2006]
Fired - He was fired from the NSA in 2005 after spending his last years at the agency pumping gas and working in an agency warehouse. “I reported my suspicion and got blown off,” he says. “I pushed the issue and that ticked them off, the fact that I questioned their almighty wisdom.” [Cox News Service, 5/5/2005] Tice again made news on January 10, 2006 (see January 10, 2006), when he admitted to being a source for the New York Times’s article about a secret NSA electronic surveillance program against American citizens, a program carried out in the name of combating terrrorism. [ABC News, 1/10/2006]
No Evidence of Mental Instability - As for Tice’s own psychological evaluation by Schmidt, according to three other clinical psychologists, there is “no evidence” of either of the disorders in Tice’s mental makeup. And another NSA psychologist pronounced Tice mentally sound in 2002, though having a “somewhat rigid approach to situations.” Tice is described by five retired NSA and intelligence officials as “congenial,” “enthusiastic,” and “a scholar of high intellectual rigor [with] sound judgment [and] unparalleled professionalism.” Tice says of the NSA’s attempts to smear whistleblowers with apparently baseless psychological allegations, “This nonsense has to stop. It’s like Soviet-era torture. These people are vicious and sadistic. They’re destroying the lives of good people, and defrauding the public of good analysts and linguists.” But it has been effective in cowing others who were, in Tice’s words, “too afraid or ashamed to come forward.” [Cybercast News Service, 1/25/2006]
Further Allegations - Another former analyst, now employed by another federal agency and who only allows himself to be identified as “J,” describes similar targeting by the NSA. J is fluent in an unusually high number of languages, and is described by former colleagues as “brilliant” and possessed of “amazing” critical skills. “I believe the abuse is very widespread,” J says. “The targeted person suddenly is described as ‘not being a team player,’ as ‘disgruntled,’ and then they’re accused of all sorts of bizarre things. Soon they’re sent to the psych people.” J himself was targeted in September 1993 (see September 11, 1993) when he and other analysts concluded that the United States was being targeted by Islamic terrorists, and then again in early 2001 after predicting a terrorist attack using planes as weapons (see May 2001).
NSA Like the 'Gestapo' - A third whistleblower, a current NSA officer who refuses to be identified, confirms the allegations and says that baseless psychiatric allegations as a form of retaliation are “commonplace” at the agency. He says, “A lot of people who work there are going through the same thing. People live in fear here. They run it like some kind of Gestapo.” Those identified as “problems” are “yelled at, badgered and abused.…These are really good people, who start to be labeled crazy, but they’re telling the truth.” The official adds that the NSA often plants false evidence in personnel files as part of the intimidation campaign. Tice says the NSA maintains what he calls a “dirt database” of inconsequential but potentially embarrassing information on employees, gathered during routine clearance investigations and used as a form of leverage. The current officer says that an “underground network” has developed to discuss these issues. “It’s like the Nazis have taken over,” he says. [Cybercast News Service, 1/25/2006]
Personal Vendettas - Diane Ring is another former NSA official targeted by her superiors. Unlike Tice, a self-described conservative who believes President Bush should be impeached over the NSA’s illegal wiretapping program, Ring is a Bush supporter who believes the surveillance program is entirely proper. Ring, a former NSA computer scientist, says she was ordered to undergo psychiatric evaluations after coming into conflict with a colonel at the Pentagon. Ring is not a whistleblower per se like the others, but says she was targeted for retaliation because of a personal vendetta against her. The colonel “blew up” at Ring after she missed a meeting and explained that her branch chief had her working on a classified program that took priority over the meeting. Ring also was evaluated by Dr. Schmidt. When she complained about the apparent retaliation, her security clearance was, like Tice’s, revoked, and she was “red-badged,” or put on restricted access within the NSA offices. Ring says she received an excellent job evaluation just three months prior to the actions taken against her. She says her colleagues at the time were told not to talk to her, and she was restricted to working in a room filled with other red-badgers. She thinks she was isolated as part of an intentional campaign to force her to leave the agency. “They had these red-badgers spread out all over the place.” she recalls. “Some were sent to pump gas in the motor pool and chauffeur people around. In our room, some people brought sleeping bags in and slept all day long. Others read. I would think that would incense the taxpaying public.” Schmidt eventually reported that another doctor diagnosed Ring with a “personality disorder,” but Ring has a July 21, 2005 letter from that doctor, Lawrence Breslau, which reads in part, “On mental status examination including cognitive assessment she performs extremely well.” In the letter, Breslau says he never made such a diagnosis. She, like others in her position, went to the NSA Employee Assistance Service (EAS) for confidential counseling, but the current NSA officer says that though those sessions are supposed to be confidential, NSA officials can and do obtain “confidential” sessions for retaliatory purposes. “Their goal is to freak you out, to get inside your mind,” that officer says. Rice claims that NSA General Counsel Paul Caminos lied about her case before a judge, denying that he had sent an internal e-mail forbidding anyone from supporting Ring. Ring says she was “floored” by Caminos’s actions: “I served in Bosnia. We had mines going off all around us, all day long. That was nothing compared to this.” She is currently working on clearing her name with the NSA’s new director, Lieutenant General Keith Alexander. Ring believes that the problem at NSA involves a small number of people, “The whole lot of them is corrupt though. There is zero integrity in the process. And zero accountability.”
'Psychiatric Abuse' 'Very Widespread' - Like his fellow whistleblowers, former NSA officer Thomas Reinbold says the practice of “psychiatric abuse” inside the NSA is “very widespread.” Reinbold, who recelved 26 commendations and awards during his career at the NSA, including a medal for the intelligence he provided during the 1991 Gulf War, says, “They call it ‘doing a mental’ on someone.” Such practices have a “chilling effect” on other potential whistleblowers: “They fear for their careers because they fear someone will write up bad [psychological] fitness reports on them.” Reinhold was labeled “paranoid” and “delusional” by Schmidt after he complained to an inspector general on February 25, 1994, that the federal government was guilty of contract tampering; Schmidt’s evaluation contradicts a psychological evaluation he conducted on Reinbold eight months before that found he was mentally sound. At the time, Reinbold worked as a contracting officer representative for the Naval Security Group (NAVSECGRU) in Virginia. Reinbold had his high-level security clearance revoked, and was escorted off the grounds by armed security officers. Reinbold says NSA officials fabricated evidence in his personnel file to force him out; that evidence included allegations that he was a danger to himself and others, and that he had said “if [he] was going down, [he] would take everyone with him.” In September 1995, an administrative hearing found that the revocation of Reinbold’s security clearance was unjustified and recommended restoring his clearance, but did not allow the damaging information to be removed from his personnel file. He later sued the agency, and then retired because of diabetes. “I gave 29 years of my life to the intelligence community,” he recalls. “They couldn’t get me out the door fast enough. There are very good people, getting screwed and going through hell.”
Helping Those Who Come After - Some of the whistleblowers hope to gain the assistance of politicians to help their cases. But Tice is less optimistic. “Our time is over,” Tice says he told Ring. “But we can make a difference for those who come behind us.” The five whistleblowers have the support of the whistleblower advocacy group Integrity International. Its founder and director, Dr. Don Soeken, himself a whistleblower while he was with the US Public Health Service in the 1970s, says, “When this retaliation first starts, there’s a tendency by bosses to use code words like ‘delusional,’ ‘paranoid’ and ‘disgruntled’. Then they use psychiatric exams to destroy them. They kill the messenger and hope the PR spin will be bought by the public.” Tom Devine of the Government Accountability Project says that “psychiatric retaliation” is a knee-jerk reaction against whistleblowers: “It’s a classic way to implement the first rule of retaliation: shift the spotlight from the message to the messenger. We call it the ‘Smokescreen Syndrome.’” Superiors investigate and smear the whistleblower for anything from financial irregularities to family problems, sexual practices, bad driving records, or even failure to return library books, Devine says. “It’s a form of abuse of power.” The Whistleblower Protection Act was written to protect those like Tice, Ring, Reinbold, and Soeken, but, says Beth Daly of the Project on Government Oversight (POGO), the act has serious flaws. “You have to go through the inspector general or the director of the CIA to let them know if you’re going to Congress and what you’re going to disclose,” she says. “And inspector generals are notorious for revealing who whistleblowers are.”
Entity Tags: Paul Caminos, Project for Government Oversight, Naval Security Group, Russell Tice, Tom Devine, Thomas Reinbold, National Security Agency, US Public Health Service, Keith Alexander, Lawrence Breslau, Diane Ring, Defense Intelligence Agency, Beth Daly, Don Soeken, House National Security Subcommittee, Government Accountability Project, John Michael Schmidt, Integrity International, “J”
Timeline Tags: Civil Liberties
Jeffrey Rapp, the director of the Joint Intelligence Task Force for Combating Terrorism at the Defense Intelligence Agency, provides a 16-page document supporting the government’s declaration that Ali Saleh Kahlah al-Marri is an enemy combatant (see December 12, 2001). Rapp gives the classified document, originally prepared in September 2004 and partially declassified for the court, to the trial judge presiding over the case, Henry Floyd (see April 6, 2006). The document, informally known as the “Rapp Declarations,” makes an array of charges against al-Marri, including alleging that he “met personally” with Osama bin Laden and was sent to the US to “explore computer-hacking methods to disrupt bank records and the US financial system.” Rapp claims that al-Marri was trained in the use of poisons and had detailed information about poisonous chemicals on his laptop computer, a claim verified by an FBI search. Additionally, Rapp says that al-Qaeda “instructed al-Marri to explore possibilities for hacking into the mainframe computers of banks with the objective of wreaking havoc on US banking records.” Rapp also says that al-Marri’s computer was loaded with “numerous computer programs typically utilized by computer hackers; ‘proxy’ computer software which can be utilized to hide a user’s origin or identity when connected to the Internet; and bookmarked lists of favorite Web sites apparently devoted to computer hacking.” Rapp refuses to cite any sources other than “specific intelligence sources” that are “highly classified.” [Jeffrey M. Rapp, 9/9/2004 ; CNET News, 9/22/2006] While this kind of evidence is routinely dismissed as hearsay evidence inadmissible in court, Floyd rules that because the Supreme Court ruled in Hamdi v. Rumsfeld that hearsay evidence can be used against alleged enemy combatants (see June 28, 2004), the “Rapp Declarations” would be considered. Floyd says that al-Marri’s lawyers will have to provide “more persuasive evidence” that counters the government’s case—a reversal of the usual burden of proof that places the responsibility of proving guilt on the prosecution and not the defense. [CNET News, 9/22/2006]
In May 2006, investigative reporters Joe and Susan Trento find that the CIA is continuing a pre-9/11 policy (see July 1990 and January 8, 2000) and deliberately keeping some suspected terrorists off the US international no-fly list, which is aimed at preventing terrorists from traveling to the US and other countries. In addition, it has an agreement with some airlines to allow suspected terrorists who are on the no-fly list to fly anyway. For example, it allows Rayed Abdullah, an associate of alleged 9/11 pilot Hani Hanjour, to fly to New Zealand, where he takes flying lessons (see February-May 30, 2006). The CIA, as well as the Defense Intelligence Agency, keeps some terrorists’ names off the no-fly list because they are already intelligence assets, others are allowed to fly because the CIA hopes to recruit them, and more are allowed to travel just because the CIA wants to see where they are going and who they will meet. In addition, others are kept off the no-fly list at the request of US allies like Pakistan and Saudi Arabia. A former CIA officer says: “I cannot describe to you how reluctant our operational people were to turn over names. Many terrorists act as assets for our case officers. We do deal with bad guys, and, like cops protect snitches, we protect ours, too, and none of those guys is going to show up on the no-fly list anytime soon. So we made a deal. The CIA effectively has the ability to allow people to fly who are on the no-fly list if we deem it in the national interest—just not on domestic airlines.” There are other problems with the no-fly list (see March 2006 and March 2006) and the CIA also penetrates the Federal Air Marshal Service to ensure that terrorists can fly openly without the marshals’ knowledge (see Before 2006). [Trento and Trento, 2006, pp. xiii, 187, 192-3]
The Senate Intelligence Committee, reporting on the pre-invasion intelligence on Iraq, finds that the US intelligence community had no evidence whatsoever of terrorist training facilities or activities at Iraq’s Salman Pak military base. The report says, “Postwar findings support the April 2002 Defense Intelligence Agency (DIA) assessment that there was no credible reporting on al-Qaeda training at Salman Pak or anywhere else in Iraq. There have been no credible reports since the war that Iraq trained al-Qaeda operatives at Salman Pak to conduct or support transnational terrorist operations.” The report will note testimony from both CIA and DIA officials that found “no indications that training of al-Qaeda linked individuals took place there.” The DIA told the committee in June 2006 that it has “no credible reports that non-Iraqis were trained to conduct or support transnational terrorist operations at Salman Pak after 1991.” [Senate Intelligence Committee, 9/8/2006 ] The base was found to be just what the Iraqis said it was: a training camp for counterterrorism operations, focused on foiling terrorist hijackings of jetliners (see April 6, 2003).
Admiral William J. Fallon takes over the United States Central Command (Centcom), replacing the retiring General John P. Abizaid. Fallon, a decorated Vietnam veteran pilot, formerly led the US Pacific Command (Pacom). Fallon now commands the US forces throughout the Middle East, Southwest Asia, and the Horn of Africa, and is in charge of strategic and tactical operations in both Iraq and Afghanistan. Fallon is the first naval officer to command Centcom. Fallon was nominated for the position by President Bush in January, and was easily confirmed by the Senate in February. [US Central Command, 3/16/2007]
Fallon In Place to Oversee Strike on Iran? - Many observers see Fallon’s new command as a sign that the Bush administration is preparing for war with Iran. Fallon’s position is not a promotion, but a lateral transfer—as commander of Pacom, he actually commanded more forces than he does at Centcom, and Fallon will not have the direct control of the forces in Iraq, which remain under the day-to-day command of General David Petraeus. Fallon is a naval officer, with no real experience in commanding large numbers of ground troops, but a great deal of experience in commanding and deploying carrier groups. Centcom’s primary responsibility is on the ground, battling insurgents and warlords in Iraq and Afghanistan. The Nation’s Michael Klare observes, “If engagement with Iran and Syria was even remotely on the agenda, Abizaid is exactly the man you’d want on the job at Centcom overseeing US forces and strategy in the region. But if that’s not on the agenda, if you’re thinking instead of using force against Iran and/or Syria, then Admiral Fallon is exactly the man you’d want at Centcom.” Fallon’s experience is in air and naval operations, the kind of operations that would lead any US strikes against Iran. [Nation, 1/10/2007] Former Defense Intelligence Agency official W. Patrick Lang says of Fallon’s appointment, “It makes very little sense that a person with [Fallon’s naval] background should be appointed to be theater commander in a theater in which two essentially ‘ground’ wars are being fought, unless it is intended to conduct yet another war which will be different in character. The employment of Admiral Fallon suggests that they are thinking about something that is not a ground campaign.” [Vanity Fair, 3/2007]
Fallon Won't Countenance Attack on Iran - However, other events indicate Fallon may not be as gung-ho for a war with Iran as some now perceive. In February, Fallon privately expressed his opposition to the proposed increase of US carrier groups in the Persian Gulf from two to three, and told administration officials an attack on Iran “will not happen on my watch” (see February 2007).
Entity Tags: Patrick Lang, George W. Bush, George Casey, Defense Intelligence Agency, David Petraeus, Iraq Study Group, Michael Klare, William Fallon, John P. Abizaid, Robert M. Gates, US Pacific Command, US Central Command
Timeline Tags: US confrontation with Iran
Fort Huachuca [Source: Army]An FBI advisory is distributed in May 2007 to the Defense Intelligence Agency, the CIA, Customs and Border Protection, and the Justice Department, as well as numerous law enforcement agencies throughout the nation warning that up to 60 Afghan and Iraqi terrorists are to be smuggled into the US through underground tunnels with high-powered weapons to attack an Arizona Army base. The alleged target, Fort Huachuca, is the nation’s largest intelligence-training center. It lies about 20 miles from the Mexican border and has members of all four service branches training in intelligence and secret operations. Security measures are swiftly changed at the base in response to the threat, according to multiple confidential law enforcement documents obtained by The Washington Times. The advisory warns that “a portion of the operatives were in the United States, with the remainder not yet in the United States [and]…the Afghanis and Iraqis shaved their beards so as not to appear to be Middle Easterners.” The FBI report on which the advisory is based points to the involvement of Mexican drug cartels, stating that each operative paid drug lords $20,000 “or the equivalent in weapons” for assistance in smuggling them and their weapons , including anti-tank missiles and surface-to-air missiles, through tunnels along the border into the US. The advisory further warns that a number of the operatives are already in a safe house in Texas and some weapons have already been successfully smuggled into the US. The FBI report is based on Drug Enforcement Administration sources, including Mexican nationals with access to a “sub-source” in the drug cartels. This “sub-source” is allegedly “a member of the Zetas,” the military arm of one of Mexico’s most dangerous drug-trafficking organizations, the Gulf Cartel, who identified the Sinaloa cartel as the organization involved in the plot. However, the advisory states that “this information is of unknown reliability,” while the DEA warns that the Gulf Cartel may be attempting to manipulate the US into acting against their rivals. FBI spokesman Paul Bresson says that the report is based on “raw, uncorroborated information that has not been completely vetted.” A Department of Homeland Security document on the possible attack states “based upon the information provided by the DEA handling agent, the DEA has classified the source as credible [and]…the identity of the sub-source has been established; however, none of the information provided by the sub-source in the past has been corroborated.” [Washington Times, 11/26/2007] The threat later proves to be unfounded. The attack never occurs and FBI spokesman Manuel Johnson, based in Phoenix, admits in November that the warning was the result of bad information. He says “a thorough investigation was conducted and there is no evidence showing that the threat was credible.” [Arizona Daily Star, 11/26/2007]
Entity Tags: Manuel Johnson, US Department of Homeland Security, Defense Intelligence Agency, US Customs and Border Protection, Central Intelligence Agency, Drug Enforcement Administration, Gulf Cartel, US Department of Justice, Federal Bureau of Investigation, Paul Bresson, Zetas, Sinaloa Cartel
Timeline Tags: Complete 911 Timeline
In House testimony, FBI Director Robert Mueller and Lieutenant General Michael Maples of the Defense Intelligence Agency say that they stand by their agencies’ decisions not to waterboard detainees. Two days before, CIA Director Michael Hayden and Director of National Intelligence Mike McConnell testified that the CIA had used waterboarding and might do so again (see February 5, 2008). The Pentagon has banned its employees from using the tactic, and the FBI has stated, “its investigators do not use coercive tactics when interviewing terror suspects.” Rush Holt (D-NJ) asks Mueller and Maples why their agencies do not use coercive interrogation: “Do you never interrogate people who have critical information?” Mueller responds: “Our protocol is not to use coercive techniques. That is our protocol. We have lived by it. And it is sufficient and appropriate for our mission here in the United States.… We believe in the appropriateness of our techniques to our mission here in the United States.” Maples adds: “The Army Field Manual guides our efforts and the efforts of the armed forces.… We believe that the approaches that are in the Army Field Manual give us the tools that are necessary for the purpose under which we are conducting interrogations.” The field manual bans the use of coercion against detainees. [Think Progress, 2/7/2008] The same day, Attorney General Michael Mukasey announces his decision not to investigate the US’s use of waterboarding (see February 7, 2008).
Lawyers for alleged enemy combatant Ali Saleh Kahlah al-Marri (see December 12, 2001) file papers with the court asserting that al-Marri was systematically abused by FBI and Defense Intelligence Agency (DIA) interrogators while in military custody. Al-Marri continues to be held in the Naval brig in Charleston, South Carolina (see June 23, 2003). Additionally, al-Marri was told that cabinets full of videotapes of his interrogations exist, according to the legal filings. Al-Marri has been in federal detention, without charge, since 2003. The New York Times has reported that about 50 videotapes of interrogation sessions with al-Marri and fellow detainee Jose Padilla (see May 8, 2002) were recently found by Pentagon officials (see March 13, 2008). DIA spokesman Donald Black admits that one tape shows al-Marri being gagged with duct tape, but says that al-Marri brought that treatment upon himself by chanting loudly and disruptively. One of al-Marri’s lawyers, Jonathan Hafetz, says that the treatment al-Marri has been forced to endure is far worse than anything Black describes—al-Marri, Hafetz says, has been subjected to stress positions, sensory deprivation, and threats of violence or death. “On several occasions, interrogators stuffed Mr. al-Marri’s mouth with cloth and covered his mouth with heavy duct tape,” says the legal filings. “The [duct] tape caused Mr. al-Marri serious pain. One time, when Mr. al-Marri managed to loosen the tape with his mouth, interrogators re-taped his mouth even more tightly. Mr. al-Marri started to choke until a panicked agent from the FBI or Defense Intelligence Agency removed the tape.” [United Press International, 3/13/2008; Washington Post, 3/31/2008]
The Pentagon reviews a compendium of videotaped interrogations conducted at numerous US military detention facilities, including Guantanamo Bay and in Iraq. It identifies at least 50 tapes, including one showing the forcible gagging of a suspect. Defense Department officials say that only a few of the tens of thousands of interrogations conducted since 2001 were recorded. Most were “routinely destroyed” if they were found to have no continuing value, according to Pentagon spokesman Don Black. Among the 50 or so tapes already identified are interrogations of two high-level “enemy combatants,” Ali Saleh Kahlah al-Marri and Jose Padilla. Both were interrogated at the Naval brig in Charleston, South Carolina. A tape of an interrogation of al-Marri shows the terrorist suspect being gagged and manhandled by FBI agents (see March 13, 2008), but not waterboarded or otherwise tortured. Black says that the director of the Defense Intelligence Agency, Lieutenant General Michael Maples, has reviewed the tape and is satisfied that al-Marri was treated in an acceptable fashion. As for other possible tapes, Admiral Mark H. Buzby, the military commander at Guantanamo, says, “We suspect that the recording devices contain recorded data but we are unable technologically to confirm whether data remains.” [New York Times, 3/13/2008]
Pentagon press spokesman Geoff Morrell tells journalists that the Defense Department has new numbers documenting the “recidivism” of former Guantanamo detainees now engaged in terror activities. “The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight,” Morrell says. “So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.” [US Department of Defense, 1/13/2009]
No Details on Numbers - The Pentagon figure would represent around 11 percent of the roughly 520 detainees released from the facility. National security expert Peter Bergen notes that the recidivism rate for prisoners in the US civilian judicial system is about 65 percent. Morrell defends the report, but refuses to say exactly where the information comes from. Instead, he says: “We don’t make these figures up. They’re not done willy-nilly.” Other Pentagon officials say they will not discuss how the figures were derived because of national security concerns. Morrell says the figures come from the Defense Intelligence Agency, “and they go over this with great care.” [CNN, 1/22/2009]
Law Professor: Pentagon Figures 'Egregiously' Wrong - In an exhaustive study of the Pentagon’s records of detainees, Seton Hall University law professor Mark Denbeaux disputes the Pentagon claim, calling it “egregiously” wrong (see January 16, 2009). “Once again, they’ve failed to identify names, numbers, dates, times, places, or acts upon which their report relies,” Denbeaux writes. “Every time they have been required to identify the parties, the DOD [Defense Department] has been forced to retract their false IDs and their numbers. They have included people who have never even set foot in Guantanamo—much less were they released from there. They have counted people as ‘returning to the fight’ for their having written an op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival. The DOD has revised and retracted their internally conflicting definitions, criteria, and their numbers so often that they have ceased to have any meaning—except as an effort to sway public opinion by painting a false portrait of the supposed dangers of these men. Forty-three times they have given numbers—which conflict with each other—all of which are seriously undercut by the DOD statement that ‘they do not track’ former detainees. Rather than making up numbers ‘willy-nilly’ about post release conduct, America might be better served if our government actually kept track of them.” [Seton Hall University, 1/15/2009] It is difficult to know exactly how many former Guantanamo detainees have returned to fighting, Denbeaux’s study finds, because of the incredibly poor record-keeping kept on detainees by the Pentagon (see January 20, 2009 ). Some of the detainees identified as recidivists never appeared on the detainee rolls. Some detainees were misidentified by the Pentagon, or identified as more than one person—and subsequently counted as more than one recidivist. Some have been dead for years, or are in the custody of other nations’ judicial systems. The Pentagon counts the so-called “Tipton Three” (see November 28, 2001) as “returning to the fight,” even though their only “terrorist activity” has been their participation in a documentary about unjust imprisonment in Guantanamo. The Pentagon also lists the recently released Uighurs, Chinese Muslims who were found to have no ties whatsoever to Islamic terrorism. One of the released Uighurs wrote a 2006 op-ed column for the New York Times protesting his imprisonment (see September 17, 2006), the extent of his documented “terrorist” actions. [New American, 1/27/2009]
Defense Secretary Downplays Report's Significance - Terrorism analyst Peter Bergen notes that many of the Guantanamo detainees were never terrorists at all, but were singled out as terrorists by Afghani villagers who told US authorities that they were members of al-Qaeda, either for personal revenge or for bounty money. Quoting former Defense Secretary Donald Rumsfeld, Bergen says, “We know that a lot of people who were in Guantanamo don’t qualify as being the ‘worst of the worst.’” Bergen says that many of the “suspected” terrorists have done nothing more than publicly make anti-American statements, “something that’s not surprising if you’ve been locked up in a US prison camp for several years.” Defense Secretary Robert Gates, the only holdover from the Bush administration currently serving in President Obama’s cabinet and an advocate for closing the Guantanamo facility, downplays the number of detainees supposedly engaged in terrorism. “It’s not as big a number if you’re talking about 700 or a thousand or however many have been through Guantanamo,” he says. [CNN, 1/22/2009]
Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]
General David Petraeus, head of US Central Command (CENTCOM), officially opens the Joint Intelligence Operations Center at CENTCOM, which houses a new intelligence organization to train military officers, covert agents, analysts, and policy makers who agree to focus on Afghanistan and Pakistan for up to a decade. The organization, called the Afghanistan Pakistan Intelligence Center of Excellence (COE), is led by Derek Harvey, a retired colonel in the Defense Intelligence Agency who became one of Petraeus’s most trusted analysts during the 2007-2008 counterinsurgency campaign in Iraq. Harvey explains that the new organization is both a training center and “like a think tank,” partnered not only with the US military and intelligence establishments, but also with academia and the private sector in order to further long-term US interests in the region. [U.S. Central Command Public Affairs, 8/25/2009; U.S. Central Command Public Affairs, 8/26/2009] In an interview with the Washington Times, Harvey says the center will focus on training and will immerse future analysts, officers, and covert operators in Pashtu and Dari language and culture. Recruits will also be asked to sign a form that commits them to work on Afghanistan and Pakistan for up to 10 years. Harvey explains that in addition to training, the center will focus on intelligence gathering and analysis. He speaks about a shift from traditional spying and surveillance toward using on-the-ground sources, such as military officers and aid workers. “We have tended to rely too much on intelligence sources and not integrating fully what is coming from provincial reconstruction teams, civil affairs officers, commanders, and operators on the ground that are interacting with the population and who understand the population and can actually communicate what is going on in the street,” he says. The center will coordinate with the Defense Intelligence Agency, the Office of the Director of National Intelligence, the NATO International Security Assistance Force in Afghanistan, and Supreme Headquarters Allied Powers Europe. According to Harvey, the CIA has also detailed many analysts to support the center and will continue to cooperate with CENTCOM. [Washington Times, 8/24/2009]
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