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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.” (Carter 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.” (Mackey 11/26/2007)
James Reston Jr., a member of David Frost’s research team for the famous Nixon-Frost interviews (see Early 1976), publishes his book, The Conviction of Richard Nixon, about those debates and their echoes in the actions of the Bush administration. Reston writes that “it might be argued that the post-September 11 domestic abuses find their origin in Watergate. In 1977 the commentators were shocked when Nixon said about his burglaries and wiretaps, ‘If the president does it, that means it’s not illegal’ (see April 6, 1977).… These brazen words… come eerily down to us through the tunnel of the last thirty years.”
Presidential Immunity - Reston writes: “In the area of criminal activity, Nixon argues, the president is immune. He can eavesdrop; he can cover up; he can approve burglaries; he can bend government agencies like the CIA and the FBI to his own political purposes. He can do so in the name of ‘national security’ and ‘executive privilege.’ And when these acts are exposed, he can call them ‘mistakes’ or ‘stupid things’ or ‘pipsqueak’ matters. In the 21st century, Nixon’s principle has been extended to authorizing torture, setting up secret prisons around the world, and ignoring the requirement for search warrants. A president can scrap the Geneva Convention and misuse the Defense Department and lie about the intelligence analyses. He is above the law. This is especially so when the nation is mired in an unpopular war, when the country is divided, when mass protests are in the streets of America, and an American president is pilloried around the world. If Nixon’s words resonate today, so also does the word Watergate.”
Echoes of Nixon and Watergate - Reston continues: “Again the nation is in a failing, elective war. A Nixon successor is again charged with abuse of power in covering up and distorting crucial facts as he dragged the country, under false pretenses, into war. Again secrecy reigns in the White House, and the argument is made that national security trumps all.… In 2007 the issue has returned with a vengeance. And one can become almost wistful in realizing that the period after Watergate brought an era of reform. A campaign finance law was passed; Congress reasserted its control over intelligence activities; and moral codes were enunciated for public officials. National security, the New York Times editorialized after the interviews, was no longer ‘the magic incantation’ that automatically paralyzed inquiry. After September 11, the incantation became magic again. And so, people have asked, after the Bush presidency, who will be his David Frost? It is hard to imagine that there will be one.” (Reston 2007, pp. 9-10, 180)
The FBI terrorist watch list now includes over half a million names, which civil liberties advocates say limits its usefulness. Although the actual content of the list is classified, the FBI’s 2008 budget request refers to “the entire watch list of 509,000 names,” which is utilized by its Foreign Terrorist Tracking Task Force. It is common for many names on the list to be associated with one individual. The FBI foreign and domestic terror watch list, combined with the interagency National Counterterrorism Center’s (NCTC) list of suspected international terrorists, comprise the watch list used by federal security screening personnel on the lookout for terrorists. The NCTC refuses to reveal how many US citizens are on the list (see February 15, 2006). ACLU senior legislative counsel Tim Sparapani says the FBI watch list “grows seemingly without control or limitation. If we have 509,000 names on that list, the watch list is virtually useless.” Internal reviews of the list by the US Terrorist Screening Center have previously found the list to be incomplete and inaccurate (see June 14, 2005). Reviews of versions of the list reveal the names of US lawmakers; former Iraqi leader Saddam Hussein, imprisoned at the time of review; al-Qaeda member Zacarias Moussaoui, also imprisoned; and 14 of the 19 9/11 hijackers, all deceased (see March 2006). (Rood 6/13/2007)
It is reported that an unclassified FBI budget document states that since the 9/11 attacks the Bureau has dramatically increased so-called ‘black bag’ jobs. In a black bag job a team of specialists secretly enter a premise, search the contents, and leave no indication they were ever there. Whereas most of the FBI’s secret search operations previously related to criminal investigations, by 2006 close to 90 percent of such operations are for national security matters. The FBI is asking for more money and personnel to conduct more such operations. (Rood 6/15/2007)
Attorney General Alberto Gonzales lied to Congress during Congressional hearings over the reauthorization of the USA Patriot Act (see March 9, 2006). In testimony before Congress, Gonzales asserted that he knew nothing of any abuses of National Security Letters (NSLs), documents that require employers, librarians, and others to turn over information on their employees and patrons to the government, and further require that those served with NSLs remain silent about them and the information being given over. But internal FBI documents made available on this day reveal that Gonzales indeed had been briefed about such abuses. (The Justice Department is fighting two court cases from plaintiffs seeking to halt the indiscriminate and allegedly unconstitutional use of NSLs to demand information about US citizens that, by law, should remain private.) George Christian, a Connecticut librarian who fought the FBI over its demand for information about his library patrons (see July 13, 2005 and April 11, 2007), says, “Having experienced first-hand the impact of the government’s abuse of surveillance powers, it is particularly disheartening to learn more and more about the deceit surrounding that abuse. I and my colleagues were fortunate enough to have the gag order against us lifted, but thousands more believed to have received national security letters are not so lucky, and must suffer the injustice in silence. It’s bad enough that these abuses occur, but salt is added to the wound when the top law enforcement agent in the country knows about the abuses, does nothing to correct them, and then plays ignorant when confronted with them.” (American Civil Liberties Union 7/10/2007)
Wired News reporter Ryan Singel examines the documents released as part of the FBI’s probe into the possibly illegal use of National Security Letters (NSLs) by its agents (see Before Mid-March, 2007). Singel finds that all of the letters originate from the same room in the FBI’s Washington headquarters, Room 4944. Almost all of them refer to a “Special Project,” and the only name on any of the letters is Larry Mefford. At the time the letters were written, Mefford was the Executive Assistant Director in charge of the Counterterrorism/Counterintelligence Division. His job primarily focused on preventing domestic terror attacks. Having Mefford’s name on the letters adds another layer of interest, Singel writes: “… Mefford’s name is on documents that requested personal information on Americans. Some of those requests included information known to be false to the agents signing them. That’s a federal crime, according to one former FBI agent.” It is unclear what the “Special Project” is, outside of its existence within the FBI’s Communications Analysis Unit (CAU), which issued the NSLs in question. Why some of the NSLs requested over two pages of phone numbers as part of a single request is also unclear. Singel observes, “The documents also show that these ‘exigent letters’—essentially end runs around the rules set up to keep the FBI from trampling on citizens rights—weren’t devised by some rogue Jack Bauer-style agent [a reference to the popular TV action drama 24.]. The form letters originated from inside FBI Headquarters and in some cases, bear the name of a senior level FBI official who should have been aware of the letters’ legal grey status and possibility for abuse.” (Singel 7/10/2007)
The Transportation Security Agency (TSA) issues a national security bulletin based on four recent incidents in San Diego, Milwaukee, Houston, and Baltimore. The bulletin creates the impression of imminent terrorist plots targeting the aviation sector. The TSA warns that terrorists are testing the possibility of smuggling bomb components on to an airplane. TSA spokeswoman Ellen Howe says the agency has noticed an increase in unusual items in checked and carry-on luggage, including “wires, switches, cell phone components, and dense clay-like substances” - including a block of cheese. (International Herald Tribune 7/25/2007) The incidents all turn out to have innocent explanations. On July 27, Brian Todd of CNN reports “That bulletin for law enforcement eyes only told of suspicious items recently found in passenger’s bags at airport checkpoints, warned that they may signify dry runs for terrorist attacks… it turns out none of that is true.” One such case was that of Sara Weiss, who was detained in San Diego after two ice packs covered in tape and containing clay were allegedly found in her baggage. Weiss, who works for a faith-based organization, was also carrying a survey about Muslim Americans. Weiss says she was held for three hours and questioned by San Diego Harbor Police and two other men who did not identify themselves. She says she was asked if she knew Osama bin Laden, which she described as “a ridiculous question.” Todd reports “The FBI now says there were valid explanations for all four incidents in that bulletin, and a US government official says no charges will be brought in any of these cases.” The FBI maintains “they were right” in putting the bogus reports on the TSA bulletin, which is distributed to law enforcement agencies nationwide. The TSA says that security officers must be trained in identifying suspicious packages, even when those packages turn out to be innocuous. (Edwards and Juliano 7/27/2007) Defense for the TSA bulletin comes from a number of sources. “This is what TSA should be doing whether it turns out to be a whole bunch of harmless coincidences or part of a plot,” says James Carafano, a security expert at the conservative Heritage Foundation who in the past called for TSA’s abolition. House Homeland Security Committee Chairman Rep. Bennie Thompson, also a critic of the TSA, agrees the agency is handling this appropriately: “To stay ahead of potential threats to our aviation system it must use all of the intelligence available as part of its daily operations.” However, the bulletin is questioned by San Diego Harbor Police Chief Kirk Sanfilippo who says officers found two ice packs wrapped in clear tape, not duct tape, and there was no clay inside. “It was not a threat. It was not a test run,” Sanfilippo says. “The whole thing was very explainable and understandable.” (International Herald Tribune 7/25/2007) He characterizes the bulletin as “a little bit off.” Local TSA Security Director and chief of the airport police Michael J. Aguilar says it was quickly determined the ice packs contained the usual blue gel. Aguilar says he doesn’t know why the TSA memo, issued in Washington, reported the substance as clay. (Schmidt and Kucher 7/25/2007)
Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee concerning his 2004 visit to then-Attorney General John Ashcroft’s hospital room to pressure Ashcroft into signing a recertification of the NSA’s secret domestic wiretapping program (see March 10-12, 2004). Former Deputy Attorney General James Comey has already testified before the same committee (see May 15, 2007) that Gonzales, then White House counsel, and then-chief of staff Andrew Card tried to pressure Ashcroft, then just hours out of emergency surgery, to overrule Comey, who was acting attorney general during Ashcroft’s incapacitation. Gonzales and Card were unsuccessful, and Comey, along with Ashcroft, FBI director Robert Mueller, and others, threatened to resign if the program wasn’t brought into line with the Constitution. But today Gonzales tells a quite different story. Gonzales tells the committee that he and Card only went to Ashcroft because Congress itself wanted the program to continue (see March 10, 2004), and he and Card merely intended to “inform” Ashcroft about Comey’s decision, and not to try to get Ashcroft to overrule Comey. Many of the senators on the committee are amazed at Gonzales’s contention that Congress wanted Comey overruled. And they are equally appalled at Gonzales’s seemingly cavalier explanation that he and Card were not, as Comey has testified, trying to pressure a sick man who “wasn’t fully competent to make that decision” to overrule his deputy in such a critical matter: Gonzales’s contention that “there are no rules” governing such a matter does not carry much weight with the committee. Many senators, including Dianne Feinstein (D-CA), simply do not believe Gonzales’s explanations; she says that to secure Ashcroft’s reversal was “clearly the only reason why you would go see the attorney general in intensive care.” Gonzales replies that he and Card were operating under what he calls “extraordinary circumstances,” in which “we had just been advised by the Congressional leadership, go forward anyway, and we felt it important that the attorney general, general Ashcroft, be advised of those facts.” Only later in the hearing does Sheldon Whitehouse (D-RI) force Gonzales to admit that he was indeed carrying a reauthorization order from the White House, something that he likely would not have had if he were not there to secure Ashcroft’s signature. (Ackerman 7/24/2007) Committee chairman Patrick Leahy (D-VT) says in his opening statement that Gonzales has “a severe credibility problem,” and continues, “It is time for the attorney general to fully answer these questions and to acknowledge and begin taking responsibility for the acute crisis of leadership that has gripped the department under his watch.” He goes on to note that the Bush administration has squandered the committee’s trust “with a history of civil liberty abuses and cover-ups.” Gonzales garners little trust with his own opening, which states in part, “I will not tolerate any improper politicization of this department. I will continue to make efforts to ensure that my staff and others within the department have the appropriate experience and judgment so that previous mistakes will not be repeated. I have never been one to quit.” (USA Today 7/24/2007)
'I Don't Trust You' - Arlen Specter (R-PA) is another senator who questions Gonzales’s veracity. “Assuming you’re leveling with us on this occasion,” he says, “…I want to move to the point about how can you get approval from Ashcroft for anything when he’s under sedation and incapacitated—for anything.” Gonzales replies, “Senator, obviously there was concern about General Ashcroft’s condition. And we would not have sought nor did we intend to get any approval from General Ashcroft if in fact he wasn’t fully competent to make that decision. But General—there are no rules governing whether or not General Ashcroft can decide, ‘I’m feeling well enough to make this decision.’” Gonzales adds that the fact that Comey was acting attorney general was essentially irrelevant, as Ashcroft “could always reclaim that. There are no rules.” “While he’s in the hospital under sedation?” Specter asks incredulously. (Ackerman 7/24/2007) “It seems to me that it is just decimating, Mr. Attorney General, as to both your judgment and your credibility. And the list goes on and on.” (USA Today 7/24/2007) After Gonzales’s restatement of his version of events, Specter observes tartly, “Not making any progress here. Let me go to another topic.” Gonzales goes on to say that he and Card visited Ashcroft hours after they had informed the so-called “Gang of Eight,” the eight Congressional leaders who are sometimes briefed on the surveillance program, that Comey did not intend to recertify the program as legal, “despite the fact the department had repeatedly approved those activities over a period of over two years. We informed the leadership that Mr. Comey felt the president did not have the authority to authorize these activities, and we were there asking for help, to ask for emergency legislation.” Gonzales claims that the Congressional leaders felt that the program should be reauthorized with or without Comey’s approval, and that since it would be “very, very difficult to obtain legislation without compromising this program…we should look for a way ahead.” Gonzales confirms what Comey has already said, that Ashcroft refused to overrule Comey. “…I just wanted to put in context for this committee and the American people why Mr. Card and I went. It’s because we had an emergency meeting in the White House Situation Room, where the congressional leadership had told us, ‘Continue going forward with this very important intelligence activity.’” Feinstein is also obviously impatient with Gonzales’s testimony, saying, “And I listen to you. And nothing gets answered directly. Everything is obfuscated. You can’t tell me that you went up to see Mr. Comey for any other reason other than to reverse his decision about the terrorist surveillance program. That’s clearly the only reason you would go to see the attorney general in intensive care.” Gonzales says that he and Card were only interested in carrying out the will of the Congressional leadership: “Clearly, if we had been confident and understood the facts and was inclined to do so, yes, we would have asked him to reverse [Comey’s] position.” When Feinstein confronts Gonzales on the contradictions between his own testimony’s and Comey’s, Gonzales retreats, claiming that the events “happened some time ago and people’s recollections are going to differ,” but continues to claim that the prime purpose of the visit was merely to inform Ashcroft of Comey’s resistance to reauthorizing the program. Like some of his fellows, Leahy is reluctant to just come out and call Gonzales a liar, but he interrupts Gonzales’s tortured explanations to ask, “Why not just be fair to the truth? Just be fair to the truth and answer the question.” (Ackerman 7/24/2007) Leahy, out of patience with Gonzales’s evasions and misstatements, finally says flatly, “I don’t trust you.” (CNN 7/24/2007)
Whitehouse Grills Gonzales - Whitehouse wants to know if the program “was run with or without the approval of the Department of Justice but without the knowledge and approval of the attorney general of the United States, if that was ever the case.” Gonzales says he believes the program ran with Ashcroft’s approval for two years before the hospital incident: “From the very—from the inception, we believed that we had the approval of the attorney general of the United States for these activities, these particular activities.” It is now that Gonzales admits, under Whitehouse’s questioning, that he indeed “had in my possession a document to reauthorize the program” when he entered Ashcroft’s hospital room. He denies knowing anything about Mueller directing Ashcroft’s security detail not to let him and Card throw Comey out of the hospital room, as Comey previously testified. Whitehouse says, “I mean, when the FBI director considers you so nefarious that FBI agents had to be ordered not to leave you alone with the stricken attorney general, that’s a fairly serious challenge.” Gonzales replies that Mueller may not have known that he was merely following the wishes of the Congressional leadership in going to Ashcroft for reauthorization: “The director, I’m quite confident, did not have that information when he made those statements, if he made those statements.” (Ackerman 7/24/2007; CNN 7/24/2007)
'Deceiving This Committee' - Charles Schumer (D-NY), one of Gonzales’s harshest critics, perhaps comes closest to accusing Gonzales of out-and-out lying. Schumer doesn’t believe Gonzales’s repeated assertions that there was little or no dissent among White House and Justice Department officials about the anti-terrorism programs, and what little dissent there is has nothing to do with the domestic surveillance program. “How can you say you haven’t deceived the committee?” Schumer asks. Gonzales not only stands by his claims, but says that the visit to Ashcroft’s hospital bed was not directly related to the NSA program, but merely “about other intelligence activities.” He does not say what those other programs might be. An exasperated Schumer demands, “How can you say you should stay on as attorney general when we go through exercises like this? You want to be attorney general, you should be able to clarify it yourself.” (Associated Press 7/24/2007) Specter does not believe Gonzales any more than Schumer does; he asks Gonzales tartly, “Mr. Attorney General, do you expect us to believe that?” (CNN 7/24/2007) In his own questioning, Whitehouse says that he believes Gonzales is intentionally misleading the committee about which program caused dissent among administration officials. Gonzales retorts that he can’t go into detail in a public hearing, but offers to provide senators with more information in private meetings. (Associated Press 7/24/2007) Gonzales’s supporters will later claim that Gonzales’s characterization of little or no dissent between the White House and the Justice Department is technically accurate, because of differences between the NSA’s warrantless wiretapping program and that agency’s data mining program, but Senate Democrats do not accept that explanation (see Early 2004, May 16, 2007).
Executive Privilege Undermines Congressional Oversight? - Specter asks Gonzales how there can be a constitutional government if the president claims executive privilege when Congress exerts its constitutional authority for oversight. Gonzales refuses to answer directly. “Senator, both the Congress and the president have constitutional authorities,” Gonzales says. “Sometimes they clash. In most cases, accommodations are reached.” “Would you focus on my question for just a minute, please?” Specter retorts. Gonzales then replies, “Senator, I’m not going to answer this question, because it does relate to an ongoing controversy in which I am recused,” eliciting a round of boos from the gallery. (CNN 7/24/2007)
Mueller Will Contradict Gonzales - Mueller will roundly contradict Gonzales’s testimony, and affirm the accuracy of Comey’s testimony, both in his own testimony before Congress (see July 26, 2007) and in notes the FBI releases to the media (see August 16, 2007).
Impeach Gonzales for Perjury? - The New York Times writes in an op-ed published five days after Gonzales’s testimony, “As far as we can tell, there are three possible explanations for Mr. Gonzales’s talk about a dispute over other—unspecified—intelligence activities. One, he lied to Congress. Two, he used a bureaucratic dodge to mislead lawmakers and the public: the spying program was modified after Mr. Ashcroft refused to endorse it, which made it ‘different’ from the one Mr. Bush has acknowledged. The third is that there was more wiretapping than has been disclosed, perhaps even purely domestic wiretapping, and Mr. Gonzales is helping Mr. Bush cover it up. Democratic lawmakers are asking for a special prosecutor to look into Mr. Gonzales’s words and deeds. Solicitor General Paul Clement has a last chance to show that the Justice Department is still minimally functional by fulfilling that request. If that does not happen, Congress should impeach Mr. Gonzales.” (New York Times 7/29/2007) A Washington Post editorial from May 2007 was hardly more favorable to Gonzales: “The dramatic details should not obscure the bottom line: the administration’s alarming willingness, championed by, among others, Vice President Cheney and his counsel, David Addington, to ignore its own lawyers. Remember, this was a Justice Department that had embraced an expansive view of the president’s inherent constitutional powers, allowing the administration to dispense with following the Foreign Intelligence Surveillance Act. Justice’s conclusions are supposed to be the final word in the executive branch about what is lawful or not, and the administration has emphasized since the warrantless wiretapping story broke that it was being done under the department’s supervision. Now, it emerges, they were willing to override Justice if need be. That Mr. Gonzales is now in charge of the department he tried to steamroll may be most disturbing of all.” (Washington Post 5/16/2007)
FBI Director Robert Mueller testifies before the House Judiciary Committee about the NSA’s warrantless wiretapping program (see Early 2002), which many believe to be illegal. Mueller directly contradicts testimony given the day before by Attorney General Alberto Gonzales (see July 24, 2007), where Gonzales claimed that “there has not been any serious disagreement about the program that the president has confirmed.” Mel Watt (D-NC) asks Mueller, “Can you confirm that you had some serious reservations about the warrantless wiretapping program that kind of led up to this?” Mueller replies, “Yes.” Later, Sheila Jackson-Lee (D-TX) asks about the now-notorious visit by Gonzales and then-chief of staff Andrew Card to then-Attorney General John Ashcroft’s hospital room, where they tried to pressure the heavily sedated Ashcroft to reauthorize the program (see March 10-12, 2004). Gonzales testified that he and Card visited Ashcroft to discuss “other intelligence matters,” and not the NSA surveillance program. Jackson-Lee asks, “Did you have an understanding that the conversation was on TSP?” referring to the current moniker of the NSA operation, the “Terrorist Surveillance Program.” Mueller replies, “I had an understanding that the discussion was on an NSA program, yes.” Jackson-Lee says, “I guess we use ‘TSP,’ we use ‘warrantless wiretapping,’ so would I be comfortable in saying that those were the items that were part of the discussion?” Mueller agrees: “The discussion was on a national NSA program that has been much discussed, yes.” (Speaker of the House 7/26/2007; Stout 7/26/2007)
FBI agents raid the home of former Justice Department prosecutor Thomas Tamm, who is suspected of leaking information to the New York Times regarding the Bush administration’s warrantless wiretapping program (see Spring 2004 and December 15, 2005). Tamm previously worked in the Justice Department’s Office of Intelligence Policy and Review (OIPR), which oversees surveillance of terrorist and espionage suspects. The FBI agents seize Tamm’s computer as well as those of his three children and a store of personal files. They also take some of his books (including one on famed Watergate whistleblower “Deep Throat” (see May 31, 2005), and even the family’s Christmas card list. Tamm is not home when the raid is staged, so the agents sit his wife and children around the kitchen table and grill them about Tamm’s activities. His oldest son, Terry, will later recall: “They asked me questions like ‘Are there any secret rooms or compartments in the house’? Or did we have a safe? They asked us if any New York Times reporters had been to the house. We had no idea why any of this was happening.” The raid is part of a leak probe ordered by President Bush (see December 30, 2005). James X. Dempsey of the Center for Democracy and Technology calls the decision to stage the raid “amazing,” and says it shows the administration’s misplaced priorities: using FBI agents to track down leakers instead of processing intel warrants to close the gaps. (Newsweek 8/2007; Isikoff 12/22/2008) In late 2008, Tamm will reveal to Newsweek that he is one source for the Times articles (see December 22, 2008). At the time of the raid, his family has no idea that he knows anything about the wiretapping program, or that he has spoken to reporters. (Isikoff 12/22/2008)
Notes made by FBI Director Robert Mueller about the 2004 attempt by then-White House counsel Alberto Gonzales and then-chief of staff Andrew Card to pressure ailing Attorney General John Ashcroft to reauthorize the secret NSA warrantless wiretapping program contradict Gonzales’s July testimony before the Senate Judiciary Committee about the events of that evening (see March 10-12, 2004 and July 24, 2007). Gonzales’s testimony was already at odds with previous testimony by former deputy attorney general James Comey (see May 15, 2007). Gonzales testified that Ashcroft was lucid and articulate, even though Ashcroft had had emergency surgery just hours before (see March 10-12, 2004), and he and Card had merely gone to Ashcroft’s hospital room to inform Ashcroft of Comey’s refusal to authorize the program (see May 15, 2007). But Mueller’s notes of the impromptu hospital room meeting, turned over to the House Judiciary Committee today, portray Ashcroft as “feeble,” “barely articulate,” and “stressed” during and after the confrontation with Gonzales and Card. (US Department of Justice 8/16/2007; Eggen 8/17/2007; Associated Press 8/17/2007) Mueller wrote that Ashcroft was “in no condition to see them, much less make decision [sic] to authorize continuation of the program.” Mueller’s notes confirm Comey’s testimony that Comey requested Mueller’s presence at the hospital to “witness” Ashcroft’s condition. (Roh 8/16/2007)
Mueller Directed FBI Agents to Protect Comey - The notes, five pages from Mueller’s daily log, also confirm Comey’s contention that Mueller had directed FBI agents providing security for Ashcroft at the hospital to ensure that Card and Gonzales not be allowed to throw Comey out of the meeting. Gonzales testified that he had no knowledge of such a directive. Mueller’s notes also confirm Comey’s testimony, which held that Ashcroft had refused to overrule Comey’s decision because he was too sick to resume his authority as Attorney General; Ashcroft had delegated that authority to Comey for the duration of his hospital stay. Gonzales replaced Ashcroft as attorney general for President Bush’s second term. Representative John Conyers (D-MI), chairman of the House Judiciary Committee, says that Mueller’s notes “confirm an attempt to goad a sick and heavily medicated Ashcroft to approve the warrantless surveillance program. Particularly disconcerting is the new revelation that the White House sought Mr. Ashcroft’s authorization for the surveillance program, yet refused to let him seek the advice he needed on the program.” (Ashcroft had previously complained that the White House’s insistence on absolute secrecy for the program had precluded him from receiving legal advice from his senior staffers, who were not allowed to know about the program.)
Notes Contradict Other Testimony - Mueller’s notes also contradict later Senate testimony by Gonzales, which he later “clarified,” that held that there was no specific dispute among White House officials about the domestic surveillance program, but that there was merely a difference of opinion about “other intelligence activities.” (Johnston and Shane 8/16/2007; Eggen 8/17/2007) In his earlier Congressional testimony (see July 26, 2007), which came the day after Gonzales’s testimony, Mueller said he spoke with Ashcroft shortly after Gonzales left the hospital, and Ashcroft told him the meeting dealt with “an NSA program that has been much discussed….” (Frieden 7/25/2007) Mueller did not go into nearly as much detail during that session, declining to give particulars of the meeting in Ashcroft’s hospital room and merely describing the visit as “out of the ordinary.” (House Judiciary Committee 7/26/2007; Johnston and Shane 8/16/2007) Mueller’s notes show that White House and Justice Department officials were often at odds over the NSA program, which Bush has lately taken to call the “Terrorist Surveillance Program.” Other information in the notes, including details of several high-level meetings concerning the NSA program before and after the hospital meeting, are redacted.
Call for Inquiry - In light of Mueller’s notes, Patrick Leahy (D-VT), chairman of the Senate Judiciary Committee, has asked the Justice Department’s inspector general, Glenn Fine, to investigate whether Gonzales has misled lawmakers—in essence, committed perjury—in his testimony about the NSA program as well as in other testimony, particularly statements related to last year’s controversial firings of nine US attorneys. Other Democrats have asked for a full perjury investigation (see July 26, 2007). (Eggen 8/17/2007) Leahy writes to Fine, “Consistent with your jurisdiction, please do not limit your inquiry to whether or not the attorney general has committed any criminal violations. Rather, I ask that you look into whether the attorney general, in the course of his testimony, engaged in any misconduct, engaged in conduct inappropriate for a Cabinet officer and the nation’s chief law enforcement officer, or violated any duty.” (Associated Press 8/17/2007)
For about a year until his death in July 2008 (see July 29, 2008), anthrax attacks suspect Bruce Ivins is openly followed by FBI agents in surveillance vehicles. When this begins exactly is not known, but his house is searched by the FBI on November 1, 2007 (see November 1, 2007), so presumably he is followed at least after that date. (Shane 8/4/2008) This tactic used on Ivins had already been controversially used on the previous primary anthrax attacks suspect, Steven Hatfill, in 2002 and 2003. One of the heads of the FBI’s anthrax investigation, Robert Roth, later admitted in court that this tactic of openly following Hatfill was against FBI guidelines. “Generally, it’s supposed to be covert,” Roth said. (Yost 8/5/2008)
Abdallah Higazy, an Egyptian national who falsely confessed to owning a suspicious airline transceiver after the 9/11 attacks because the FBI threatened to have his family tortured (see December 17, 2001), December 27, 2001, and January 11-16, 2002), has his lawsuit against the FBI reinstated by a US appeals court. The majority opinion finds, “An officer in [FBI agent Michael] Templeton’s shoes would have understood that the confession he allegedly coerced from Higazy would have been used in a criminal case against Higazy and that his actions therefore violated Higazy’s Constitutional right to be free from compelled self-incrimination.” (Gerstein 10/18/2007)
Decision Issued and Withdrawn - Interestingly, the appeals court posts its full opinion on the case, then within minutes withdraws that opinion and issues another one, with an identical conclusion but with much of the details of Higazy’s allegations redacted. The new ruling reads: “This opinion has been redacted because portions of the record are under seal. For the purposes of the summary judgment motion, Templeton did not contest that Higazy’s statements were coerced.” But the initial opinion has already been downloaded by dozens of legal observers and bloggers, and the evidence redacted by the court is in the public view.
"People Don't Do that Voluntarily" - Washington Post reporter Dan Eggen writes, “The fresh details about his interrogation in December 2001 illustrate how an innocent man can be persuaded to confess to a crime that he did not commit, and the lengths to which the FBI was willing to go in its terrorism-related investigations after the Sept. 11 attacks.” A Justice Department spokesman says that although it does not concede that Higazy’s allegations are true, it has agreed to proceed under the assumption that they are true in order to argue the case. The appellate court does not rule on the veracity of Higazy’s story, but instead concludes that Templeton lacks the “qualified immunity” that would shield him from a civil suit.
Redacted Information - Appellate court clerk Catherine O’Hagan Wolfe says that the original Higazy ruling contained information that should have been sealed from the outset. The decision to seal the information was the court’s, she says, and not the Justice Department’s or the FBI. She says that the decision to seal the information about Templeton’s coercion, and Higazy’s fears of the Egyptian intelligence service, was made out of concern for the safety of Higazy and his family. “Prior to the world of the Internet, a decision would be issued and then withdrawn without any consequences of any moment,” Wolfe says. “Now if that happens it raises the specter of interference or some nefarious intent at work, which is not the case.” Appellate lawyer Stephen Bergstein says that the redacted information “was more embarrassing than worthy of secrecy.” He continues: “Had they left it in, a lot of people probably wouldn’t have noticed. With the Internet, nothing ever goes away.” (Howard Bashman 10/18/2007; Feuer 10/20/2007; Eggen 10/25/2007)
American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. (American Civil Liberties Union 10/22/2007) “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. (Juliano 10/22/2007) The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
The book presents a number of damning claims, all backed by extensive documentation, including the following: (American Civil Liberties Union 10/22/2007)
General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees (BBC 10/16/2002) , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
The Defense Department held prisoners as young as 12 years old.
The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. (American Civil Liberties Union 10/22/2007)
Around late autumn 2007, FBI agents pressure the family of anthrax attacks suspect Bruce Ivins. According to an unnamed scientist colleague and friend of Ivins, agents show Ivins’s 24-year-old daughter pictures of the victims of the 2001 anthrax attacks (see October 5-November 21, 2001) and tell her, “Your father did this.” The agents also offer her brother the $2.5 million reward for solving the anthrax case and the sports car of his choice. Dr. W. Russell Byrne, a friend and former supervisor of Ivins, will later say he heard from other people who knew Ivins that investigators were going after Ivins’s daughter, but these conversations were short because people were afraid to talk. “The FBI had asked everybody to sign these nondisclosure things. They didn’t want to run afoul of the FBI.” (Yost 8/5/2008) Bryne also says the FBI’s repeated discussions with Ivins’s daughter “was not an interview. It was a frank attempt at intimidation.” (Kiehl 8/5/2008)
Ivins Drinks and Struggles with Pressure - Perhaps as a result of this pressure, Ivins begins drinking heavily (a liter of vodka on some nights) and taking large doses of sleeping and anti-anxiety pills. His unnamed scientist friend later says that Ivins “was e-mailing me late at night with gobbledygook, ranting and raving” about what he called the “persecution” of his family. This friend also later says he is contacted by another colleague of Ivins who says that Ivins “has really gone down the tubes.” Another friend, Gerry Andrews, who worked with Ivins at USAMRIID for nine years, said that prior to this time Ivins drank so little that others teased him about being a teetotaler. Andrews had retired but kept in touch with Ivins until autumn 2007, when Ivins “kind of fell off the radar screen. I found out that there was some issues with his house being surveilled.”
Ivins Seeks Treatment - In March 2008, Ivins is found collapsed in his home. In April, he begins to seek treatment. He spends four weeks at a Maryland hospital for detoxification and rehabilitation, and begins attending therapy sessions with a counselor. In November 2007, Ivins is banned from working with dangerous toxins at USAMRIID, the US Army’s top biological laboratory, where he works (see November 1, 2007). But he will not be permanently barred from working there until July 2008, when he is hospitalized a second time (see July 10, 2008). (Goldstein, Hernandez, and Hull 8/6/2008)
Richard Convertino is acquitted by a Detroit federal court jury of subverting justice in a 2003 trial (see June 2003-August 2004). Convertino had been accused of withholding photographs from defense attorneys that might have undermined their 2003 prosecution and convictions of four alleged al-Qaeda-linked terrorists in Detroit. In 2003, defense attorneys wanted photos of a Jordanian hospital, hoping the photos would not match a crude drawing Convertino argued was a terrorist planning sketch. Convertino said there were none, and claims he never saw them, but photos of the hospital were later found. (Swickard 11/1/2007) However, a later FBI analysis determined the sketch did closely match the photos after all, so the photos would have actually strengthened Convertino’s case, not weakened it. The guilty verdicts against three of the four men - Abdel-Ilah Elmardoudi, Karim Koubriti, and Ahmed Hannan - were later overturned, in large part due to the dispute over the photos (see June 2003-August 2004). The Associated Press will later comment that evidence that the sketch and photos did match “renews questions about whether the government correctly arrested the four men as a terrorist cell…” (Solomon 4/21/2006) Convertino alleges the charges against him were politically motivated to punish him for complaining before Congress about a lack of resources in the trial. He has filed a whistleblower lawsuit against the Justice Department. (Swickard 11/1/2007) A judge dismisses one remaining charge against Convertino a month later. (Associated Press 12/12/2007) It appears the Justice Department also battled with Convertino and his prosecution team and prevented him from using evidence that could have strengthened his case (see Early 2003).
The FBI suspects that Bruce Ivins, a scientist working at USAMRIID, the US Army’s top biological laboratory, was behind the 2001 anthrax attacks (see October 5-November 21, 2001). His home is searched by the FBI, but no report of this makes the newspapers. On the same day, USAMRIID cuts off his access to the laboratories where biological agents and toxins are used and stored. However, he continues to work at USAMRIID without such access until July 2008, when he will be completely banned from the lab (see July 10, 2008). (Schotz 8/8/2008) According to McClatchy Newspapers, his lab access is apparently reinstated some time after this date. (Gordon 8/7/2008)
The FBI warns that al-Qaeda operatives are planning several holiday attacks on US shopping malls in Los Angeles and Chicago over the holiday period. (Esposito and Walter 11/8/2007) In an intelligence report distributed to law enforcement authorities, the FBI says that the attacks have been planned for two years with the goal of disrupting the US economy. (Federal Bureau of Investigation 11/7/2007 ) The FBI received the information in late September and declassified it for the intelligence information reports. These reports routinely contain raw, unvetted or uncorroborated chatter about possible threats. It is estimated that the FBI released 8,000 such reports over the last year. The FBI and Department of Homeland Security Department have released about 200 threat bulletins possible plot trends that are based on actual events worldwide. (Watkins 11/8/2007) Questions are immediately raised about the alert. (Esposito and Walter 11/8/2007) As with previous threats, some in the media question the timing and necessity of such a warning. The FBI anticipates this and clarifies its intentions in releasing the memo. The report states that “this information was obtained through a lengthy chain of acquisition, and was provided to the source by a sub-source who spoke in confidence. The veracity of the information is uncertain but the threat is being reported due to the nature of the information.” (Esposito and Walter 11/8/2007) Other intelligence officers raise the possibility that it could be “disinformation.” It is believed that the source only has “indirect access” to al-Qaeda. It is common for jihadist web sites and chat rooms to have comments discussing attacks on “soft targets,” such as shopping malls. Special Agent Richard Kolko says “out of abundance of caution, and for any number of other reasons, raw intelligence is regularly shared within the intelligence and law enforcement communities - even when the value of the information is unknown… Al-Qaeda messaging has clearly stated they intend to attack the US or its interests; however, there is no information to state this is a credible threat. As always, we remind people to remain vigilant and report suspicious activity to authorities.” A Homeland Security official says “we have no credible, specific information suggesting an imminent attack.” (Esposito and Walter 11/8/2007) LA mayor Antonio Villaraigosa urges residents to go about their daily routines, but says that they should be “mindful of anything out of the ordinary.” (Watkins 11/8/2007)
“Suitcase nukes”—nuclear weapons that can fit inside a suitcase or duffel bag and be planted in buildings or football stadiums with relative ease—may be a staple of Hollywood movies, television shows such as Fox’s 24, and thriller novels, but in reality do not exist, says Vahid Majidi, the assistant director of the FBI’s Weapons of Mass Destruction Directorate. Nevertheless, the idea is so prevalent in the American conscious that the Federal Emergency Management Agency has issued warnings about “threats” from such devices, warnings repeated on the White House’s Web site (see May 2006). Officials such as Majidi say that any such device would be highly complex to produce, require significant upkeep and cost a small fortune. Majidi and other counterproliferation officials do not believe such a threat remains today. “The suitcase nuke is an exciting topic that really lends itself to movies,” Majidi says, but “No one has been able to truly identify the existence of these devices.” The real threat, say Majidi and other officials, is from less deadly and sophisticated devices assembled from stolen or black-market nuclear material. But governmental sources have played up the threat. Senator Byron Dorgan (D-ND) once said in a hearing, “Perhaps the most likely threat is from a suitcase nuclear weapon in a rusty car on a dock in New York City.” And former representative Curt Weldon (R-PA) was known for carrying around a mock-up of a suitcase nuke made out of a briefcase, foil, and a pipe.
Origin of story - The story took hold in the public mind in the 1960s, based on information from Soviet defectors. The information leaked to the media, but no US officials ever actually saw such a Soviet-made suitcase device. In the late 1950s and early 1960s, the US constructed a “backpack nuke,” called a Special Atomic Demolition Munition, to be used by two-man teams to destroy dams, tunnels, or bridges. These devices now only exist in museums. In 1997, retired general Alexander Lebed, the former national security chief of Russia, told reporters that Chechen rebels had portable nuclear devices. However, his story changed radically over time and Russian government officials said it was inaccurate, and he may have been misled by training mock-ups. Russian defector and former intelligence officer Stanislav Lunev wrote in 1998 that Russian agents had suitcase nukes inside the US in preparation for some future conflict. He testified before Congress, but never gave any specific information about such devices.
Technical problems - Colonel-General Viktor Yesin, former head of the Russian strategic rocket troops, said in 2004 that such suitcase nukes would be too expensive for most countries to produce and would not last more than several months because the nuclear core would decompose quickly. Laura Holgate of the Nuclear Threat Initiative says the biggest threat is from a terrorist cell that uses stolen nuclear material to improvise a device. Such a device would be, at its smallest, “[l]ike SUV-sized. Way bigger than a suitcase.” (Shrader 11/10/2007)
In December 2007, scientist Bruce Ivins is privately told by the FBI that he could be a suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). This is according to Ivins’s attorney Paul Kemp, who also says that he and Ivins have a meeting with the FBI that same month in response. Ivins’s house had been searched by the FBI the month before, which presumably made the FBI’s interest in Ivins obvious (see November 1, 2007). Kemp will later claim that he and Ivins will meet with the FBI about four or five times between this time and Ivins’s death in July 2008 (see July 29, 2008). Additionally, Kemp will claim that Ivins had been interviewed by the FBI about 20 to 25 times before he was told he could be a suspect, yet Ivins regularly had his security clearances renewed. (Ripley and Calabresi 8/5/2008)
The CIA videotapes destruction scandal reopens a debate about the usefulness of torturing al-Qaeda leader Abu Zubaida. The FBI briefly used rapport-building techniques on Zubaida before the CIA took over and tortured him. On December 10, 2007, several days after the public disclosure that the videotapes of the CIA’s interrogation of Zubaida were destroyed, former CIA officer John Kiriakou admitted that Zubaida was tortured by the use of waterboarding (see December 10, 2007). Kiriakou claimed that waterboarding was so effective that Zubaida completely broke after just one session of waterboarding lasting 35 seconds. (Esposito and Ross 12/10/2007) This claim became a frequently used media talking point. However, on December 18, the Washington Post presents a contrary account, stating, “There is little dispute, according to officials from both agencies, that Abu Zubaida provided some valuable intelligence before CIA interrogators began to rough him up, including information that helped identify Khalid Shaikh Mohammed, the alleged mastermind of the Sept. 11 attacks, and al-Qaeda operative Jose Padilla” (see Late March through Early June, 2002). The Post notes that Kiriakou helped capture Zubaida but was not present at any of his interrogations. Furthermore, “other former and current officials” disagree with Kiriakou’s claim “that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.” (Eggen and Pincus 12/18/2007) The most in-depth previous media accounts suggesed that the FBI interrogation of Zubaida was getting good intelligence while the CIA torture of him resulted in very dubious intelligence (see Mid-April-May 2002 and June 2002).
The Sunday Times runs a series of articles about FBI whistleblower Sibel Edmonds, detailing allegations made by Edmonds about Turkish and US involvement in the A. Q. Khan nuclear smuggling ring, as well as money laundering, drugs, and conventional weapons. Some allegations made by Edmonds were previously discussed in the press, but many remained secret; she divulges more to Sunday Times now because, after having unsuccessfully attempted to pursue her case through the courts and Congress, she has become “disillusioned with the US authorities’ failure to act.”
Allegations against State Department and Pentagon Officials - The allegations center on an unnamed former high-ranking State Department official, who is said to have received money from Turkish nuclear smugglers, and on other household names who served at the Pentagon. Edmonds says, “He [the State Department official] was aiding foreign operatives against US interests by passing them highly classified information, not only from the State Department but also from the Pentagon, in exchange for money, position and political objectives.” She adds, “If you made public all the information that the FBI have on this case, you will see very high-level people going through criminal trials.” The former State Department official says: “If you are calling me to say somebody said that I took money, that’s outrageous… I do not have anything to say about such stupid ridiculous things as this.”
"Overlapping Corroboration" - The Sunday Times says that it spoke to two FBI agents and two CIA officers who worked on nuclear proliferation while researching the story, and, “While none was aware of specific allegations against officials she names, they did provide overlapping corroboration of Edmonds’s story.” One of the CIA sources confirms that Turkey did acquire nuclear secrets from the US and shared them with Pakistan and Israel, saying: “We have no indication that Turkey has its own nuclear ambitions. But the Turks are traders. To my knowledge they became big players in the late 1990s.” (Gourlay, Calvert, and Lauria 1/6/2008; Gourlay, Calvert, and Lauria 1/20/2008; Gourlay, Calvert, and Lauria 1/27/2008)
Official Said to be Marc Grossman - The high-ranking State Department official who is not named in the Sunday Times articles, possibly due to libel law considerations, is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Phillip Giraldi, writing in the American Conservative. (Raw Story 1/20/2008; Giraldi 1/28/2008)
An internal FBI audit reveals that US telecommunications companies have repeatedly terminated FBI access to wiretaps of suspected terrorists and other criminal suspects because bureau officials failed to pay outstanding phone bills. The report, written by Justice Department Inspector General Glenn Fine, finds that over half of the nearly 1,000 telecommunications bills reviewed by investigators were not paid on time. One unidentified field office allowed a $66,000 invoice to go unpaid. In another instance, a wiretap conducted under a FISA warrant was terminated because of “untimely payment.” The report notes, “Late payments have resulted in telecommunications carriers actually disconnecting phone lines established to deliver surveillance results to the FBI, resulting in lost evidence.” (Eggen 1/11/2008) Some of the problems stem from telecoms billing multiple times for single surveillance warrants, which ratchets up the bills quickly. Cox Communications, for example, billed the FBI $1,500 for a single, 30-day wiretap order. Telecoms also bill the FBI for Internet connections and phone lines connecting the carrier’s wiretap-ready switches with the FBI’s own wiretap software system, known as the Digital Collection System. Each field office’s computers are connected together with the other offices, and with FBI headquarters, through a secure fiber optic network managed by Sprint. In some cases, FBI officials were confused about whether to use confidential case funds or general funds to pay the telecom bills. Sometimes they were so confused that when the telecoms sent refunds, the officials returned the refunds to the carriers. (Singel 1/10/2008) The report faults the agency for poor handling of money used in undercover investigations, which it says makes the agency vulnerable to theft and mishandled invoices. (Reuters 1/10/2008) This is the latest in a string of audits by Fine’s office that has found serious financial and management problems at the bureau. FBI spokesman Richard Kolko says that in every case the outstanding bills were eventually paid and the intercepted information was recovered. “No evidence was lost in these cases,” he says. FBI assistant director John Miller blames an “inadequate” financial management system for the failures to pay telecom bills. Previous reports have noted a persistent failure to account for hundreds of computers and weapons, and a pattern of careless bookkeeping that spans a much wider area than the wiretapping program. The audit itself, a detailed, 87-page document, is too sensitive for public release, says the Justice Department, and only a seven-page summary is released. The American Civil Liberties Union calls on the FBI to release the entire document. ACLU counsel Michael German, himself a former FBI agent, questions the motives of the telecom firms, who in many instances have allowed the government to operate wiretaps on their systems without court warrants. “It sounds as though the telecoms believe it when the FBI says the warrant is in the mail, but not when they say the check is in the mail,” he says. (Eggen 1/11/2008)
Director of National Intelligence Michael McConnell says that the 9/11 hijackers could not be monitored in the US because they did not commit any crimes. He says in a speech: “[I]f Mohamed Atta had been in Pakistan and we were tracking him, some way to track him—he went to Turkey, went to Europe, got over to Canada, we’d track him as foreign intelligence target, and he crosses into the United States, he’s now a US person; he gets all of the rights and privileges that you get. He’s invisible to your intelligence community. As long as he doesn’t break the law, law enforcement can’t conduct surveillance because they don’t have a probable cause. Al-Qaeda recognized that and that is why 9/11 happened in my view.” (McConnell 1/17/2008 ) The 9/11 hijackers committed various offenses for which they could have been arrested in the US, such as lying on visa application forms (see August 29, 2001), overstaying their visas (see January 18, 2001, May 20, 2001 and January 10, 2001), driving without a license (note: a warrant for Mohamed Atta’s arrest was even issued in the summer of 2001—see June 4, 2001), and having a known role in blowing up the USS Cole, thereby murdering 17 US servicemen (see Around October 12, 2000). The Foreign Intelligence Surveillance Act was also specifically designed so that the FBI and other agencies could monitor agents of foreign powers in the US even if they did not commit a crime (see 1978).
A human rights organization called the Liberty Coalition receives an anonymous letter regarding the involvement of high-ranking US officials in an FBI-monitored nuclear smuggling ring linked to Pakistani nuclear scientist A. Q. Khan. The letter makes a number of allegations about the ring, some of which corroborate similar allegations previously made by FBI whistleblower Sibel Edmonds. For example, the letter names a high-ranking State Department official, who it says was recorded speaking to a counterpart at the Turkish embassy between August and December 2001. During this time the official passed on a warning that the smuggling ring should not deal with Brewster Jennings & Associates, as it was a CIA front (see Summer-Autumn 2001). The letter also says that Turkish FBI surveillance targets talked to agents of Pakistan’s ISI based at the Pakistani embassy in Washington, and that “operatives” at the American-Turkish Council (ATC) were also monitored. The tip-off instructs the Coalition to submit a Freedom of Information Request for the specific file number, but the FBI will say that the file does not exist (see January 20, 2008). (Gourlay, Calvert, and Lauria 1/20/2008) The high-ranking State Department official who is not named in the Sunday Times is said to be Marc Grossman by both Larisa Alexandrovna of Raw Story and former CIA officer Philip Giraldi, writing in the American Conservative. (Raw Story 1/20/2008; Giraldi 1/28/2008)
The FBI is accused of covering up a key case file containing evidence against corrupt government officials involved in a nuclear smuggling ring. The case file’s number is allegedly 203A-WF-210023, but the FBI denies it exists in response to a Freedom of Information Act request specifically for a file with that number. The request was made by the Liberty Coalition, a human rights group, based on an anonymous tip-off (see Before January 20, 2008). However, the Sunday Times obtains a document signed by an FBI official saying that the case file does exist. FBI whistleblower Sibel Edmonds also says that the file exists, that she previously discussed its contents with Congressional committees, and that the denial by the FBI is an “outright lie.” According to Edmonds, the file “refers to the counterintelligence program that the [Justice Department] has declared to be a state secret to protect sensitive diplomatic relations.” An FBI spokesman contacted by the Sunday Times is not familiar with the case file but comments, “if the FBI says it doesn’t exist, it doesn’t exist.” (Gourlay, Calvert, and Lauria 1/20/2008)
Roy Greenslade, a media commentator with The Guardian, wonders why the US media is ignoring revelations by FBI whistleblower Sibel Edmonds, who says that there are links between US officials and the A. Q. Khan nuclear smuggling ring (see January 6, 2008 and After). Greenslade also quotes former Pentagon whistleblower Daniel Ellsberg: “For the second time in two weeks, the entire US press has let itself be scooped by Rupert Murdoch’s London Sunday Times on a dynamite story of criminal activities by corrupt US officials promoting nuclear proliferation. But there is a worse journalistic sin than being scooped, and that is participating in a cover-up of information that demands urgent attention from the public, the US Congress and the courts.” Greenslade calls it a “very hot story” and “world exclusive,” and says it “should surely have been taken up by mainstream newspapers in the United States.” (Greenslade 1/22/2008) One of the few US media outlets that picks up the story initially is Fox News, which reports on one of the claims made in the Sunday Times—that the FBI has denied it has a file on the nuclear smuggling case in response to a Freedom of Information Act, whereas Edmonds says it does have the file, as does a document signed by an FBI official that has been obtained by the Sunday Times (see January 20, 2008). (Fox News 1/20/2008) The Dallas Morning News will also reprint a section of an article about Edmonds in February. The article was originally written for the American Conservative Magazine by former CIA officer Philip Giraldi. (Giraldi 2/17/2008)
Newly released CIA documents show that the agency uses “national security letters” (NSLs) to secure financial and other information about US citizens from employers, financial institutions, libraries, and other private and public firms (see January 2004). The documents were requested by the American Civil Liberties Union under the Freedom of Information Act. The FBI has used NSLs for years, and drawn heavy criticism for its use of the instruments (see February 2005), but until now, the CIA’s use of NSLs has been a closely guarded secret. Like the FBI NSLs, the CIA’s letters come with “gag orders” that force the recipients to remain silent about the demand for information, or that there was even such a demand. According to ACLU lawyer Melissa Goodman, often the recipient of an NSL cannot keep a copy of the letter or even take notes about the information turned over to the CIA. A CIA spokesman denies that its use of NSLs was ever kept secret, and the information has always been requested on a voluntary basis for “such legitimate purposes as counterintelligence and counterterrorism.” (Warrick 1/25/2008)
An FBI timeline of the 9/11 hijackers’ activities compiled in late 2001 and released this month indicates that considerable video footage of the hijackers has yet to be released. Most of the footage appears to come from surveillance video discovered after the 9/11 attacks. So far, the only known footage made public has been two video stills of Hani Hanjour and Majed Moqed using an ATM machine, one still each of Waleed Alshehri and Satam Al Suqami, several stills of Mohamed Atta and Abdulaziz Alomari in Portland the night before 9/11 (see September 10, 2001), and a few more stills and footage of several hijackers in airports on the morning of 9/11 (see (Between 5:45 a.m. and 5:53 a.m.) September 11, 2001 and (7:15 a.m.-7:18 a.m.) September 11, 2001). But the FBI’s timeline reveals video footage that has never even been publicly hinted at:
Mohamed Atta used an ATM in Palm Beach, Florida, on July 19, 2001.
Salem Alhazmi and Ahmed Alghamdi used an ATM in Alexandria, Virginia, on August 2.
Hanjour and Mojed used a Kinko’s for half an hour in College Park, Maryland, on August 10.
Moqed and Nawaf Alhazmi shopped at an Exxon gas station in Joppa, Maryland, on August 28.
Waleed and Wail Alshehri wandered around a Target store in Fort Lauderdale, Florida, on September 4.
Atta and Abdulaziz Alomari were in a Florida bank lobby on September 4, and the audio of Atta calling Saudi Arabia was even recorded in the process.
Fayez Ahmed Banihammad used an ATM on September 7 in Deerfield Beach, Florida.
Salem Alhazmi was at the Falls Church DMV on September 7. Low quality surveillance video at the Milner Hotel in Boston showed Marwan Alshehhi and possibly Mohand Alshehri on multiple occasions in the days just before 9/11.
Ziad Jarrah and possibly Saeed Alghamdi were videotaped using a Kinko’s for about an hour near Newark on September 10. (Federal Bureau of Investigation 10/2001 )
Additionally, an FBI document will later be made public that indicates there is footage of Saeed Alghamdi entering the Marriott Hotel at the Newark International Airport on September 8, carrying a black roll along bag (he will not have any checked luggage on 9/11).
This same document indicates Ziad Jarrah is also seen on videotape shortly after midnight on September 8 at the same Marriott Hotel, making credit card and cash payments for two hotel rooms. He is accompanied by two young men, who most likely are Saeed Alghamdi and Ahmed Alnami. (Investigative Services Division, FBI Headquarters 4/19/2002)
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. (Khanna 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).
A judge says that the FBI has no evidence against Steven Hatfill, who has been the only publicly named suspect so far in the 2001 anthrax attacks (see October 5-November 21, 2001). Reggie Walton, the federal judge presiding over a lawsuit brought by Hatfill against the Justice Department and the FBI for damaging his reputation, says in court, “There is not a scintilla of evidence that would indicate that Dr. Hatfill had anything to do with [the anthrax attacks].” Walton has reviewed four still secret FBI memos about the status of the anthrax investigation. (Willman 6/28/2008) Later in the year, Hatfill will settle with the government and will be awarded $6 million (see June 27, 2008).
Joseph Margulies, a law professor at Northwestern University, and lawyer George Brent Mickum write of their plans to meet with Guantanamo detainee Abu Zubaida (see March 28, 2002) as part of his legal defense team. The lawyers write: “Zubaydah’s world became freezing rooms alternating with sweltering cells. Screaming noise replaced by endless silence. Blinding light followed by dark, underground chambers. Hours confined in contorted positions. And, as we recently learned, Zubaydah was subjected to waterboarding. We do not know what remains of his mind, and we will probably never know what he experienced.” What exactly the CIA did to Zubaida may never be determined, as the agency destroyed the videotapes of his interrogations (see Spring-Late 2002). Zubaida’s subsequent confessions to FBI agents are essentially meaningless, the lawyers assert, because his will and mind were already irrevocably broken by the time of the FBI interviews. The lawyers hope to piece together what Zubaida knew and what was done to him, although they are not confident they will be given the documentation necessary to find out what they want to know. They fear that, if they are not able to learn the truth of Zubaida’s participation with al-Qaeda and the interrogation methods he was subjected to, then in his and others’ cases, the truth will be “only what the administration reports it to be. We hope it has not come to that.” (Margulies and Mickum 2/23/2008)
According to an unnamed scientist colleague of anthrax attacks suspect Bruce Ivins, around this time FBI agents are pressuring Ivins in public places and also pressuring his children. At some point in March, when Ivins is at a shopping mall with his wife and son, FBI agents confronted him, saying, “You killed a bunch of people.” Then they turn to his wife and say, “Do you know he killed people?” That same week, Ivins angrily tells a former colleague that he suspects his therapist is cooperating with the FBI. (Goldstein, Hernandez, and Hull 8/6/2008) Such public pressuring of Ivins’s family members had begun by late autumn 2007 (see Late Autumn 2007).
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; White and Warrick 3/31/2008)
The American Civil Liberties Union (ACLU) responds to a just-released Justice Department report about prisoner abuse at Guantanamo and in US-run prisons in Iraq and Afghanistan (see May 20, 2008). “Today’s OIG [Office of the Inspector General] report reveals that top government officials in the Defense Department, CIA, and even as high as the White House turned a blind eye to torture and abuse and failed to act aggressively to end it,” says ACLU executive director Anthony Romero. “Moreover, the country’s top law enforcement agency—the FBI—did not take measures to enforce the law but only belatedly reported on the law’s violations. It’s troubling that the government seems to have been more concerned with obscuring the facts than with enforcing the law and stopping the torture and abuse of detainees. Had the government taken action in 2002, perhaps the disgrace of Abu Ghraib and other abuses could have been avoided.” Senior ACLU official Caroline Fredrickson says: “Attorney General Michael Mukasey recently testified to Congress that he cannot prosecute anyone for anything approved by Justice Department opinions that authorized detainee abuse (see February 7, 2008). But no one gets immunity for acts they should have known were illegal. The filtering up of information from FBI agents to high government officials makes claims of immunity even more incredulous.” And ACLU senior legislative counsel Christopher Anders says: “This new report should become exhibit A at the next Congressional hearing on the Bush administration’s use of torture. The House Judiciary Committee is in the middle of the first thorough Congressional review of the development and implementation of the torture policies at the top levels of government. The questions are who did what and what crimes were committed. This Justice Department report helps answer both questions.” (American Civil Liberties Union 5/20/2008)
The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. (American Civil Liberties Union 5/20/2008) The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) (CBS News 5/20/2008; Isikoff and Hosenball 5/20/2008; American Civil Liberties Union 5/20/2008)
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” (CBS News 5/20/2008; American Civil Liberties Union 5/20/2008)
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” (Isikoff and Hosenball 5/20/2008; American Civil Liberties Union 5/20/2008)
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. (CBS News 5/20/2008; Isikoff and Hosenball 5/20/2008; American Civil Liberties Union 5/20/2008)
Human rights groups claim that the US is operating “floating prisons” as detention facilities for prisoners taken in the “war on terror.” The groups claim that the US is keeping prisoners aboard ships such as the USS Ashland, the USS Bataan, and the USS Peleliu (see December 27, 2001), and say that the Americans refuse to admit to the existence of such detainees. The human rights group Reprieve has asked that the US list the names and whereabouts of such “ghost detainees” held aboard US vessels. The existence of the detainees has come to light from a number of sources, including statements from US military officials, information provided by the Council of Europe and other parliamentary bodies, and prisoner testimonies (see June 2, 2008).
Details of Detentions - Reprieve says the US has used as many as 17 ships as “floating prisons” since 2001. While aboard, the prisoners are interrogated, then rendered to undisclosed locations. Fifteen of those ships may have operated around the British territory of Diego Garcia, which hosts a large British-American military base (see July 27, 1971-May 26, 1973 and After February 7, 2002). According to information obtained by Reprieve, in early 2007, the Ashland was involved in the detention and rendering of over 100 individuals abducted by Somali, Kenyan, and Ethiopian forces during an upsurge of fighting in Somalia, and then interrogated by FBI and CIA agents. Those individuals have now disappeared, but many are believed to be held in prisons in Kenya, Somalia, Ethiopia, Djibouti and Guantanamo Bay, among other possible sites. One prisoner released from Guantanamo has retold the account of a fellow inmate’s detention: “[H]e was in the cage next to me. He told me that there were about 50 other people on the ship. They were all closed off in the bottom of the ship. The prisoner commented to me that it was like something you see on TV. The people held on the ship were beaten even more severely than in Guantanamo.” Clive Stafford Smith, Reprieve’s legal director, says the US military “choose ships to try to keep their misconduct as far as possible from the prying eyes of the media and lawyers. We will eventually reunite these ghost prisoners with their legal rights.… By its own admission, the US government is currently detaining at least 26,000 people without trial in secret prisons, and information suggests up to 80,000 have been ‘through the system’ since 2001 (see November 17, 2005). The US government must show a commitment to rights and basic humanity by immediately revealing who these people are, where they are, and what has been done to them.”
British Officials Ask for Accountability - Andrew Tyrie, the Conservative MP who chairs the all-party parliamentary group on extraordinary rendition, says both the US and British governments must own up to their practices of rendition and “ghost detainees.” “Little by little, the truth is coming out on extraordinary rendition,” he says. “The rest will come, in time. Better for governments to be candid now, rather than later. Greater transparency will provide increased confidence that President Bush’s departure from justice and the rule of law in the aftermath of September 11 is being reversed, and can help to win back the confidence of moderate Muslim communities, whose support is crucial in tackling dangerous extremism.” Tyrie has requested that an investigation into the use of Diego Garcia as a rendition refueling stop be undertaken (see June 2, 2008). Liberal Democrat MP Edward Davey adds: “If the Bush administration is using British territories to aid and abet illegal state abduction, it would amount to a huge breach of trust with the British government. Ministers must make absolutely clear that they would not support such illegal activity, either directly or indirectly.” A US Naval spokesman says that none of its vessels have “detention facilities,” but admits that some detainees had been put on ships “for a few days” during their initial days of detention. He refuses to comment on reports that US Naval vessels stationed in or near Diego Garcia had been used as “prison ships.” (Campbell and Norton-Taylor 6/2/2008)
The FBI arrests Pittsburgh-area resident Bradley T. Kahle as part of a larger sweep of a domestic terrorist group (see June 8, 2008). Kahle, a recruiter for the Pennsylvania Citizens Militia, tells authorities he had planned to shoot black people from a rooftop in Pittsburgh, and says that if either Barack Obama (D-IL) or Hillary Clinton (D-NY) are elected president, the country will be engulfed in civil war. Kahle, a resident of Troutville, Pennsylvania, allegedly gave undercover FBI agents explicit instructions on how to make deadly grenades using “bean cans” or other such containers. Undercover agents have been monitoring Kahle and other area domestic terrorism plotters for well over a year. In a raid, FBI agents find 16 improvised bombs in what the agents term a “gun reloading room,” along with cans of fragmentation and bags of lead shot. Kahle has shown undercover agents a number of firearms, including assault rifles and a sniper rifle, and over 5,000 rounds of ammunition. An FBI affidavit says of Kahle’s improvised grenades: “Kahle continued that a tactic for employing a bean can, if raided, is to wait until the police shoot gas through your door. The hole made by the gas projectile can then be used to throw a bean can grenade back out at the approaching entry team to kill as many law enforcement officers as possible.” He allegedly told an undercover agent that once he began attacking law enforcement officials: “You wouldn’t want to be near me. SWAT teams included. Bring them all on.… don’t send the kids, bring your very best. Hey, eight or 10 good bean bombs… five or 600 rounds of ammo and some good equipment. I would be a tough take.” Kahle told undercover agents that he intended to begin by shooting judges, magistrates, and police chiefs, which he said would “start the doomsday process.” He also told an undercover agent that he hoped Clinton or Obama would “get assassinated” if they were elected president. “If not they will disarm the country, and we will have a civil war.” (Ward 6/11/2008; Associated Press 6/11/2008; Southern Poverty Law Center 2011) Federal Judge Pete Pesto will rule that despite Kahle’s stockpile of weapons and his rhetoric, he does not pose a threat to the community, and releases him on house arrest with an electronic monitor pending his trial. (Cato and Pfister 6/12/2008) Kahle will be acquitted of all charges. He will say that “the US Constitution was the big winner” in the verdict. Defense attorney Blair Hindman will successfully argue that Kahle never directly threatened anyone, and all of his weapons were for defensive purposes and “no different than what thousands of other Americans have in their garages.” (Hornick 3/10/2010)
The FBI arrests four Pittsburgh-area people on suspicion of plotting terrorist attacks. Marvin Hall of Rimersburg, Perry Landis of the Clarion area, Morgan Jones of Lucinda, and Melissa Huet, presumably of Pittsburgh, are arrested after authorities learned they were stockpiling a cache of weapons with plans to target local government buildings. Two more suspects will be arrested days later, including Bradley T. Kahle (see June 8, 2008). Many of the six have ties to the right-wing militia movement; Landis is sergeant-at-arms of the Brookville Tiger Militia in Jefferson County. In a raid, the FBI confiscates hundreds of weapons, including hunting rifles, a Romanian assault rifle, 16 homemade bombs, homemade rockets, a homemade flame thrower, blasting caps, and cannons. The four made threats to blow up government buildings and carry out other acts of domestic terrorism. They face numerous federal firearms charges as well as charges of illegal sales, manufacture, and transport of weapons. The raid is the culmination of three years of investigations, including the insertion of undercover agents inside the operation. Federal agents have raided other area compounds over the last two days in the Clarion area; one of these raids led to Kahle’s arrest. Landis has told undercover agents that he intended to assassinate Governor Ed Rendell (D-PA). David Neiwert, a progressive reporter and blogger who is an expert on right-wing terrorism, later writes of the dearth of mainstream media coverage: “Imagine, if you will, how this would have been handled were these folks of Arab extraction or believers in radical Islamist ideology instead of your garden-variety far-right American ideology. CNN would have the cameras and reporters there, NBC would host an hour discussing the threat, and [conservative bloggers] Michelle Malkin and Little Green Footballs’ Chuck Johnson would [be] bouncing around the walls of their rubber rooms even more frenetically than usual amid shouts of ‘Jihad!!!!’” (KDKA-TV 6/9/2008; David Neiwert 6/10/2008; Cato and Pfister 6/12/2008; Southern Poverty Law Center 2011) Hall, Landis, Jones, and Huet will be convicted. (Hornick 3/10/2010)
Steven Hatfill, who was called a “person of interest” in the FBI’s investigation into the 2001 anthrax attacks (see October 5-November 21, 2001), agrees to a $5.82 million payment from the government to settle his legal claim that the Justice Department and the FBI ruined his career and invaded his privacy. Hatfill was the main focus of the anthrax investigation for several years, but was never arrested or charged. A federal judge presiding over his lawsuit recently said there “is not a scintilla of evidence” linking him to the attacks. The government does not formally admit any wrongdoing as part of the settlement, but the payout is widely viewed as an exoneration for Hatfill. For instance, the Los Angeles Times calls Hatfill “all but exonerated.” No witnesses or physical evidence were ever produced to link Hatfill to the attacks. Representative Rush Holt (D-NJ) says the government’s payout to Hatfill confirms that the anthrax investigation “was botched from the very beginning.… The FBI did a poor job of collecting evidence, and then inappropriately focused on one individual as a suspect for too long, developing an erroneous ‘theory of the case’ that has led to this very expensive dead end.” (Willman 6/28/2008; Willman 6/29/2008)
Scientist Bruce Ivins has had psychological problems since at least 2000, and his problems had become more pronounced after late 2006, when he realized the FBI was targeting him as their main anthrax attacks suspect. For the past three to six months, Ivins had been attending therapy sessions led by social worker Jean Duley. On July 9, 2008, Duley seeks a restraining order against him.
Duley's Claims against Ivins - In the paperwork for the order, she claims that he arrived for a group counseling session in his hometown of Fredrick and announced that, faced with the prospect of being charged with murder for the anthrax attacks, he had bought a gun and a bulletproof vest and had “a very detailed plan to kill his co-workers” at USAMRIID, the nearby US Army bioweapons laboratory where he still worked. In a court hearing on this day, Duley tells a judge: “He was going to go out in a blaze of glory, that he was going to take everybody out with him.… He is a revenge killer.… When he feels that he has been slighted, and especially towards women, he plots and actually tries to carry out revenge killings.” Duley also says that Ivins had a history of making homicidal threats going back to his college days, and that he has threatened her. She adds that he will soon be charged with five murders, which is the number of deaths in the anthrax attacks. In court records, Duley writes that Ivins’s psychiatrist had “called him homicidal, sociopathic with clear intentions.” (Abruzzese and Lipton 8/2/2008; Goldstein, Hernandez, and Hull 8/6/2008)
Unclear Relationship with FBI - Duley says in her court testimony that she is cooperating with the FBI, but the nature and extent of her cooperation remains unclear. It is unclear, for instance, how she could know that Ivins is going to be charged with the anthrax attacks soon.
Duley Alone with Her Claims - Ivins also sees a psychiatrist named David Irwin. But Irwin will later remain silent about Ivins, as will all the people in Ivins’s group therapy sessions. The Washington Post will later note, “To this day, Duley is the only person who has said publicly that Ivins intended to kill.” (Goldstein, Hernandez, and Hull 8/6/2008) A Guardian article will later comment: “Notably lacking in the FBI’s case, is corroboration of the deadly threats of revenge killings made by Ivins in group therapy, according to Duley. Nobody else from those sessions has spoken up? And if… the FBI knew about it, why was he allowed to continue working in the lab, with his high-security clearance as late as just [weeks before his suicide]? Why was he allowed to roam free for that matter?” (Friedman 8/11/2008)
Poor Qualifications - Duley is an entry-level drug counselor and only allowed to work with patients under supervision of a more experienced professional. She is said to be a program director for Comprehensive Counseling Associates, a local mental-health counseling center. But less than one month later, it will be reported that she no longer works there. A Guardian article will call her statement to the judge “embarrassing,” as she misspells basic words one would assume a person in her field would know well, for instance spelling therapist as “theripist.” (Schmidt and Rowley 8/1/2008; Friedman 8/11/2008)
Duley's Troubled Past - Duley also has what the Washington Post calls a “troubled past.” She has recently completed 90 days of home detention after a drunk driving arrest in December 2007 (which is ironic given that she is working as a drug counselor). She has other convictions, including possession of narcotics paraphernalia. In a 1999 newspaper interview, she said she had been a member of a motorcycle gang member and a drug user. “Heroin. Cocaine. PCP. You name it, I did it.” (Goldstein, Hernandez, and Hull 8/6/2008; Friedman 8/11/2008) In any case, the judge immediately grants an Emergency Medical Evaluation Petition for Ivins. The next day, Ivins is removed from work at USAMRIID and taken to a hospital (see July 10, 2008).
FBI agents search anthrax attacks suspect Bruce Ivins’s house, office, and cars for a second time. The first search was in November 2007 (see November 1, 2007). This search comes two days after Ivins was removed from his workplace by police and put in a hospital (see July 10, 2008). The FBI will later claim they seize a bulletproof vest, ammunition, and homemade body armor. (Rowley and Goldstein 8/7/2008)
About a week before Bruce Ivins dies (see July 29, 2008), FBI agents take a mouth swab to collect a DNA sample from him. It is unclear why investigators waited so long, since he had been an a suspect since 2006 (see Late 2006). (Shane and Lichtblau 9/6/2008)
On July 23, 2008, anthrax attacks suspect Bruce Ivins is released from a mental hospital. He had been in the hospital since July 10 after Jean Duley, a social worker who had been leading drug counseling group sessions attended by Ivins, tried to get a restraining order against him (see July 10, 2008). Just before Ivins was hospitalized, Duley made a series of remarkable claims about him, for instance claiming that he had just told her he had “a very detailed plan to kill his co-workers,” and, “He was going to go out in a blaze of glory, that he was going to take everybody out with him” (see July 9, 2008). Jeffrey Taylor, the US Attorney in Washington, DC, will later be asked why Ivins was not arrested after his release. Taylor will avoid the question and merely reply, “Our job in law enforcement is to pursue our criminal investigation.” But Joseph diGenova, who had previously held Taylor’s job, will explain, “They never arrested him because they wanted him to confess.” DiGenova will claim that the FBI was heavily pressuring Ivins into confessing because prosecutors knew “there would have been all sorts of problems on the reliability of the scientific analysis.” Ivins is said to be placed under 24- hour surveillance after his release, although it seems likely he was under surveillance already. (Shane 8/4/2008; Rowley and Goldstein 8/7/2008)
Six FBI agents and one Naval Criminal Investigative Service (NCIS) agent testify at a military commission hearing for detainee Salim Ahmed Hamdan. Although at least one witness is anonymous, the FBI agents testifying include Robert Fuller and Craig Donnachie. Fuller admits that the bureau failed to read Hamdan his Miranda rights following his capture in 2001 (see November 24, 2001), and describes a tour of al-Qaeda facilities Hamdan took them on (see Shortly after November 24, 2001). Although Hamdan only provided what they thought was incomplete information, the agents all deny coercing or threatening him. (Gomez 7/24/2008; Mikkelsen 7/24/2008)
Not long before anthrax attacks suspect Bruce Ivins commits suicide on July 29, 2008 (see July 29, 2008), W. Russell Byrne, an infectious-disease specialist who knows Ivins, sees him at a Sunday service at the local Roman Catholic church they both attend. Bryne will later recall: “He just looked worried, depressed, anxious, way turned into himself.… It would be overstating it to say he looked like a guy who was being led to his execution, but it’s not far off.” (Warrick, Thompson, and Hernandez 8/2/2008) Ivins is under 24-hour surveillance by the FBI at this time (see July 23, 2008), but it is unknown if he is under any kind of suicide watch. Jeffrey Adamovicz, who was Ivins’s boss several years earlier, will later say: “A lot of the tactics [the FBI used against Ivins] were designed to isolate him from his support. The FBI just continued to push his buttons.” (Warrick, Thompson, and Davis 8/3/2008)
On July 29, 2008, anthrax attacks suspect Bruce Ivins and his attorney Paul Kemp are scheduled to have a meeting with FBI investigators. However, Ivins overdosed on pills two days earlier and dies two hours before the meeting is to take place (see July 29, 2008). In initial press reports, it is claimed that investigators had scheduled the meeting to discuss a plea bargain that would send Ivins to prison for life, but spare him a death sentence. (Johnson, Leonnig, and Wilber 8/2/2008) But these reports appear to be incorrect. Time magazine soon claims, “Contrary to previous media reports, Kemp says his client had not been negotiating a plea agreement at the time of his death. Indeed, contrary to some suggestions in initial reports, the grand jury investigating the case was at least a few weeks from handing down any kind of indictment.” Kemp further claims that he and Ivins had met with the FBI about four or five times since the FBI told Ivins he could be a suspect the year before, and this is just another in that series of meetings. Kemp says he did attend the meeting, not knowing Ivins was already dead. (Ripley and Calabresi 8/5/2008) Tom DeGonia, who is co-counsel with Kemp, says that he attended the meeting with Kemp. He says that investigators gave a reverse proffer, which basically means they were revealing their intention to eventually indict him. DeGonia claims that while Ivins was alive, “We were never informed or advised that an indictment was imminent of him,” and while Ivins had been informed that he was a suspect, he had never been informed that he was the prime suspect. (Augenstein 8/8/2008) Jeffrey Taylor, the US Attorney in Washington, DC, also says that the meeting was to present “a reverse proffer, where we were going to sit down with him and lay our cards on the table: Here’s what we have. Here’s where this investigation is going.” (US Department of Justice 8/6/2008)
On July 29, 2008, when anthrax attacks suspect Bruce Ivins commits suicide (see July 29, 2008), the FBI still has not completed its case against him. Several days later, the New York Times reports that a grand jury in Washington had been planning to hear several more weeks of testimony before deciding to issue an indictment or not. Additionally, just days before his death, FBI agents seize two public computers from the downtown public library in Frederick, the Maryland town where Ivins lives. The Times will call this “an indication that investigators were still trying to strengthen their case…” (Shane 8/4/2008)
On August 4, 2008, the Associated Press reports that the FBI has an explanation for why deceased anthrax attacks suspect Bruce Ivins allegedly mailed the anthrax letters from a particular mailbox in Princeton, New Jersey: it is located across the street from a college sorority that he has had a grudge and obsession with for many years. “Multiple US officials” tell the Associated Press that Ivins was obsessed with Kappa Kappa Gamma, which has “a sorority that [sits] less than 100 yards away from” the mailbox from which he is said to have sent the letters. Ivins was said to have been fixated about the sorority since he apparently was romantically rebuffed by one of its members while attending college in Ohio decades earlier. Katherine Breckinridge Graham, an adviser to the sorority’s Princeton University chapter, says she has been interviewed by FBI agents “over the last couple of years” about the case. She says Ivins had no known connection to the Princeton chapter of the sorority or any of its members. (Associated Press 8/4/2008; Jordan and Apuzzo 8/5/2008) But the next day, the Associated Press publishes an updated version of the same article which reveals that Kappa Kappa Gamma does not have a Princeton University house for its members at all. The mailbox is near where the sorority has a storage unit for its initiation robes, rush materials, and other property. The article notes, “Even the government officials [who leaked the story] acknowledged that the sorority connection is a strange one, and it’s not likely to ease concerns among Ivins’ friends and former co-workers who are skeptical about the case against him.” (Jordan and Apuzzo 8/5/2008) The New York Times notes that Ivins had visited “Kappa Kappa Gamma sorority houses at universities in Maryland, Virginia and West Virginia,” but the last such visit was in 1981. (Shane and Wade 8/5/2008) Salon columnist Glenn Greenwald, a skeptic of the FBI’s case against Ivins, calls the sorority theory a “pitifully thin reed.” (Greenwald 8/6/2008)
The Wall Street Journal publishes an op-ed by Richard Spertzel entitled, “Bruce Ivins Wasn’t the Anthrax Culprit.” As a UN weapons inspector, Spertzel headed the search for biological weapons in Iraq from 1994 to 1999. Spertzel does not believe the FBI’s case against deceased anthrax attacks suspect Bruce Ivins mainly because he maintains that the anthrax used in the 2001 attacks was weaponized and Ivins did not have the skills to weaponize anthrax. Spertzel writes: “The spores could not have been produced at [USAMRIID], where Ivins worked, without many other people being aware of it. Furthermore, the equipment to make such a product does not exist at the institute.” He says the anthrax spores were “tailored to make them potentially more dangerous.” He cites comments by government officials in the months after the attacks which claimed that the spores were coated with silica and the particles in them were given a weak electric charge, making it easier for the spores to float through the air. He concludes: “From what we know so far, Bruce Ivins, although potentially a brilliant scientist, was not… [someone who] could make such a sophisticated product.… The multiple disciplines and technologies required to make the anthrax in this case do not exist at [USAMRIID]. Inhalation studies are conducted at the institute, but they are done using liquid preparations, not powdered products.” (Spertzel 8/5/2008) The FBI will present more evidence against Ivins in subsequent days (see August 6, 2008), and will assert that the anthrax spores were not weaponized with silica or anything else. But Spertzel will remain skeptical. On August 13, he will say of the case against Ivins: “Until we see the details, who knows?… There are too many loose ends.” (Fitzpatrick 8/13/2008)
The FBI holds a press conference laying out their evidence against recently deceased anthrax attacks suspect Bruce Ivins. Some evidence is unsealed by a judge, and US Attorney for the District of Columbia Jeffrey Taylor presents the evidence to the media several hours later. Taylor says, “We consider Dr. Ivins was the sole person responsible for this attack.” Government investigators also allege:
Ivins alone controlled anthrax flask RMR-1029, which matches the anthrax used in the attacks (see February 22-27, 2002). Taylor says RMR-1029 was “created and solely maintained” by Ivins and that no one else could have had access to it without going through him.
Ivins worked an unusual amount of overtime in his lab around the time the anthrax letters were mailed and he could not give a good reason why.
In counseling sessions, he allegedly threatened to kill people. He also sent a threatening email to a friend involved in the case.
He sent a defective anthrax sample when asked to send a sample to investigators (see February 22-27, 2002).
He was having severe psychological problems at the time of the attacks. At one point, he told a colleague that he “feared that he might not be able to control his behavior” (see April-August 2000 and September-December 2001).
Print defects in envelopes used in the letters suggest they were bought at a post office in 2001 in Frederick, Maryland, where he had an account.
He was re-immunized against anthrax in early September 2001.
He sent an e-mail a few days before the anthrax attacks warning that “Bin Laden terrorists” had access to anthrax. This e-mail allegedly used similar language as the anthrax letters.
He frequently wrote letters to the editor and often drove to other locations to disguise his identity as the sender of documents. (BBC 8/6/2008; US Department of Justice 8/6/2008)
But many are not impressed with the FBI’s case. Over the next two days, the editorial boards at the New York Times, Washington Post, and Wall Street Journal argue that an independent inquiry should review and judge the evidence against Ivins (see August 7, 2008, August 7, 2008, and August 8, 2008). Salon columnist Glenn Greenwald will note, “One critical caveat to keep at the forefront of one’s mind is that when one side is in exclusive possession of all documents and can pick and choose which ones to release in full or in part in order to make their case, while leaving out the parts that undercut the picture they want to paint—which is exactly what the FBI is doing here—then it is very easy to make things look however you want.” (Greenwald 8/6/2008)
On August 6, 2008, the FBI claims that anthrax attacks suspect Bruce Ivins did not cooperate with investigators in 2002 and failed to hand over anthrax samples that could have linked him to the attacks. This is cited as an important reason why he is named as the FBI’s prime suspect. However, on August 19, it is revealed that Ivins did in fact hand over anthrax samples to the FBI in 2002. In February 2002, he sent in a sample but it did not meet the FBI’s standards for evidence, so the FBI destroyed it (see February 22-27, 2002). In April 2002, he sent in another sample and the FBI did use that (see April 2002). However, one investigator had kept a copy of the first sample, and it was later found not to match the second sample. This first sample was eventually shown to match with the anthrax used in the attacks, while the second one did not match. (Palk 8/19/2008)
Senator Charles Grassley (R-IA) sends a letter to Attorney General Michael Mukasey and FBI Director Robert Mueller with a list of 18 questions about the FBI’s anthrax attacks investigation. He gives them two weeks to respond. The Los Angeles Times says the questions raise “concerns about virtually every aspect of the probe.” Grassley’s questions include how the government focused on suspect Bruce Ivins (who apparently committed suicide about a week earlier July 29, 2008), what was known about his deteriorating mental condition, whether he had taken a lie-detector test, and why investigators are sure that no one else helped him. “The FBI has a lot of explaining to do,” Grassley says. Representative Rush Holt (D-NJ) also says in an interview that he is in discussions with other Congresspeople to arrange a Congressional inquiry that would combine the efforts of several Congressional oversight committees. Referring to President John F. Kennedy’s 1963 assassination, Holt says, “We don’t want this to be another Lee Harvey Oswald case where the public says it is never solved to their satisfaction. Somebody needs to finish the job that would have been finished in a court of law.” Other than Congress, “I’m not sure where else to do it.” (Meyer 8/8/2008)
The New York Times editorial board writes, “The FBI seems convinced that it has finally solved” the 2001 anthrax attacks by naming Bruce Ivins, yet its description of the evidence “leaves us uncertain about whether investigators have pulled off a brilliant coup after a bumbling start—or are prematurely declaring victory, despite a lack of hard, incontrovertible proof.… None of the investigators’ major assertions… have been tested in cross-examination or evaluated by outside specialists.… The bureau, unfortunately, has a history of building circumstantial cases that seem compelling at first but ultimately fall apart. Congress will need to probe the adequacy of this investigation—and to insist that federal officials release as much evidence as possible, so the public can be assured they really did get the right person this time.” (New York Times 8/7/2008)
On August 8, 2005, the Washington Post reports that the FBI concedes that the anthrax sample that the FBI believes Bruce Ivins used in the 2001 anthrax attacks, RMR-1029, was shared with as many as 15 other laboratories across the US. But another clue was used to rule out the other labs. All four recovered anthrax letters used the same pre-stamped envelope, and the envelopes had a tiny printing defect. All of the envelopes with this defect were sold at post offices in Virginia and Maryland. Ivins was living in Frederick, Maryland, and rented a mailbox at the Frederick post office. Jeffrey Taylor, US Attorney for Washington, DC, says that investigators eventually concluded that “the envelopes used in the mailings were very likely sold at a post office in the greater Frederick, Md. area.” (Warrick 8/7/2008) However, it is not clear how the FBI narrowed down to just Frederick and not elsewhere in Maryland or Virginia. On August 15, the New York Times reports, “[P]eople who were briefed by the FBI said a batch of misprinted envelopes used in the anthrax attacks… could have been much more widely available than bureau officials had initially led them to believe.” (Lichtblau and Johnston 8/15/2008)
The Wall Street Journal editorial board writes, “As a whole… the FBI has assembled a compelling case” against recently deceased anthrax attacks suspect Bruce Ivins. But the Journal continues, “To resolve any remaining doubts, independent parties need to review all the evidence, especially the scientific forensics. The FBI has so far only released its summary of the evidence, along with interpretative claims. This is an opportunity for Congress to conduct legitimate oversight…” (Wall Street Journal 8/8/2008)
On August 8, 2008, the Washington Post prints an FBI leak that on September 17, 2001, anthrax attacks suspect Bruce Ivins took administrative leave from his job at USAMRIID (the US Army’s top biological laboratory) in the morning and did not return to a work appointment until about 4 or 5 p.m. later that day. USAMRIID, in Frederick, Maryland, is about three hours away from the Princeton, New Jersey, mailbox where the first batch of anthrax letters are mailed that day. This would give him just enough time to drive to Princeton and then quickly return. The Post says that “government sources” believe “the gap recorded on his time sheet [offers] investigators a key clue into how he could have pulled off” the anthrax attacks. (Johnson and Warrick 8/8/2008)
Debunked - However, Salon columnist Glenn Greenwald soon points out, “But almost immediately after the FBI leaked this theory as to when and how Ivins traveled to New Jersey undetected, it was pointed out in several online venues… that this timeline made no sense whatsoever—that, indeed, the FBI’s own theories were self-contradictory.” In other recently released documents, the FBI defines the “window of opportunity” for mailing that batch of letters as beginning on September 17 at 5 p.m. and ending sometime on September 18, because the last mail pick up is at 5 p.m. and the letters in question have a September 18 postmark. Ivins could not have traveled by day to Princeton and posted the letters after 5 p.m. if he was already back in his Maryland office by 5 p.m. (Greenwald 8/18/2008)
FBI Changes Claim - On August 14, 2008, the FBI completely changes its claim. The Post reports: “[G]overnment sources offered more detail about Ivins’s movements on a critical day in the case: when letters were dropped into the postal box on Princeton’s Nassau Street… Investigators now believe that Ivins waited until evening to make the drive to Princeton on Sept. 17, 2001. He showed up at work that day and stayed briefly, then took several hours of administrative leave from the lab, according to partial work logs. Based on information from receipts and interviews, authorities say Ivins filled up his car’s gas tank, attended a meeting outside of the office in the late afternoon, and returned to the lab for a few minutes that evening before moving off the radar screen and presumably driving overnight to Princeton. The letters were postmarked Sept. 18.” (Johnson 8/14/2008)
Criticism of FBI - Greenwald comments several days later, “That the FBI is still, to this day, radically changing its story on such a vital issue—namely, how and when Bruce Ivins traveled to New Jersey, twice, without detection and mailed the anthrax letters—is a testament to how precarious the FBI’s case is.… [T]heir own theory as to how and when he sent the letters was squarely negated by their own claims, and so they had to re-leak their theory to the Post once that glaring deficiency, which they apparently overlooked, was pointed out on-line. This isn’t some side issue or small, obscure detail. Being able to link an accused to the scene of the crime is the centerpiece of any case.”
Criticism of Washington Post - Greenwald is also critical of the Post, noting that one Post journalist, Carrie Johnson, wrote or co-wrote the two articles, and yet failed to note the second article presented “a brand new theory that contradicted the one she mindlessly passed on from the FBI the week before.… To the contrary, in touting the FBI’s brand new theory, Johnson wrote that ‘government sources offered more detail about Ivins’s movements on a critical day in the case’—as though the FBI’s abandonment of its prior claim in favor of a new one comprised ‘more detail.’ The FBI didn’t offer ‘more detail’; it offered completely ‘new detail’ because the last ‘detail’ they leaked to Johnson was almost instantaneously disproven…” (Greenwald 8/18/2008)
Gerry Andrews, the chief of the bacteriology division at USAMRIID from 1999 to 2003, publishes an editorial in the New York Times. USAMRIID is the US Army’s top biological laboratory, and one of Andrew’s subordinates there was Bruce Ivins, the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001) and also a friend of Andrews. Andrews says that the FBI’s recently revealed case against Ivins is unimpressive and lacks physical evidence. He states that the anthrax contained in a letter to Senator Tom Daschle (D-SD) was “a startlingly refined weapons-grade anthrax spore preparation, the likes of which had never been seen before by personnel at [USAMRIID]. It is extremely improbable that this type of preparation could ever have been produced [there], certainly not of the grade and quality found in that envelope.” Andrews also complains that the FBI has not provided “enough detail about their procedure to enable other scientists to tell whether they could actually single out Dr. Ivins’s spore preparation as the culprit…” (Andrews 8/9/2008)
The Justice Department gives a private briefing to some Congresspeople and government officials outlining the FBI’s case against deceased anthrax attacks suspect Bruce Ivins. Senator Tom Daschle (D-SD), a target of one of the 2001 anthrax letters, attends the briefing and is impressed with the FBI’s arguments. He says that prior to the briefing, he was “very dubious,” but now he finds the government’s case “complete and persuasive.” (Kiely 8/13/2008) However, Daschle’s reaction seems to be unusual. The New York Times reports that “a number of listeners said the briefing left them less convinced that the FBI had the right man, and they said some of the government’s public statements appeared incomplete or misleading.” Representative Rush Holt (D-NJ) says, “The case is built from a number of pieces of circumstantial evidence, and for a case this important, it’s troubling to have so many loose ends. The briefing pointed out even more loose ends than I thought there were before.” Naba Barkakati, the chief technologist for the Government Accountability Office (GAO), says: “It’s very hard to get the sense of whether this was scientifically good or bad. We didn’t really get the question settled, other than taking their word for it.” As a result of these continuing doubts, the FBI decides to make public more details of their scientific evidence against Ivins in a press conference to be held a week later. (Lichtblau and Johnston 8/15/2008)
In the face of continued widespread doubt about the government’s case against deceased anthrax attacks suspect Bruce Ivins (see August 12, 2008), the FBI holds a press conference presenting more of its scientific evidence against Ivins. A panel discussion of experts working with the FBI is headed by Dr. Vahid Majidi, the FBI’s assistant director for the Weapons of Mass Destruction Directorate, and Dr. Chris Hassell, who heads the FBI’s laboratory. The others on the panel are Paul Keim, Dr. James Burans, Dr. Rita Colwell, Claire Fraser-Liggett, Jacques Ravel, and Dr. Joseph Michael. They are all scientists who assisted with the FBI investigation.
Majidi says, “[T]here were no additional additives combined with the [anthrax] to make them any more dispersible.” He adds, “The material we have is pure spores.”
Hassell says that over 60 scientists worked with the anthrax investigation, validating the data throughout the process. He also says that more than ten peer reviewed scientific articles will be published in the coming months about the science behind the investigation’s findings.
Michael explains that initial results showed that the anthrax spores contained silicon and oxygen. This led to erroneous conclusions that the anthrax had been weaponized with additives to make it more deadly. Later, more powerful microscope analysis showed that the silicon and oxygen were within the anthrax spores and not a layer outside the spores, indicating the anthrax was not weaponized.
Burans says the silicon and oxygen were natural occurrences in the spores and they would not have made the anthrax deadlier since they were not on the outside of the spores.
Asked if the silicon and oxygen could have been intentionally put in the anthrax by a person, an unnamed official replies, “The understanding of that process is not well understood.”
Majidi says scientists were unable to determine what equipment was used to turn wet anthrax into the dry powder used in the attacks.
Burans says that one reason why there was so much confusion about the weaponization of the anthrax is because so little is known about dry anthrax. Nearly all experimentation on anthrax is done using wet anthrax, because it is much safer to handle. He says: “to this day in our laboratories, we avoid at all costs working with [anthrax] in dried form. There’s no reason to.”
Majidi says scientists were able to make anthrax resembling the anthrax used in the attacks, and the anthrax they made behaved in the same way. However, they were not able to recreate the presence of silicon inside the spores. He says, “It would have been easy to make these samples at USAMRIID.” Burans adds that one person could make the amount of anthrax used in the letters in three to seven days. (US Department of Justice 8/18/2008)
On August 18, 2008, the FBI presented some of its scientific evidence against anthrax attacks suspect Bruce Ivins at a press briefing (see August 18, 2008). However, one day later the New York Times editorial board writes that more evidence needs to be presented: “The FBI spent years pointing a finger at a different suspect. It is not enough for the agency to brush off continuing skepticism.… None of this circumstantial evidence [pointing to Ivins] has been subjected to close outside scrutiny. Congress should be sure to examine it closely.… Now that Dr. Ivins’s suicide has precluded a court trial, there needs to be an independent evaluation of whether the FBI has found the right man.” (New York Times 8/19/2008) The Times editorial board published a similar editorial on August 7, calling for an independent evaluation of the case against Ivins (see August 7, 2008).
New York Times columnist Nicholas Kristof apologizes to Steven Hatfill, the person he suggested could be responsible for the anthrax attacks in a series of 2002 columns (see May 24-August 13, 2002): “I owe an apology to Dr. Hatfill. In retrospect, I was right to prod the FBI and to urge tighter scrutiny of Fort Detrick, but the job of the news media is supposed to be to afflict the comfortable and comfort the afflicted. Instead, I managed to afflict the afflicted.” He points out that Hatfill sued him and the Times, but the suit was eventually dismissed. “[Y]et even if I don’t have a legal obligation, I do feel a moral one to express regret for any added distress from my columns.” Kristof also comments on the FBI’s recent allegation that Bruce Ivins was responsible for the anthrax attacks: “Some of [Ivins’s] friends and family are convinced of his innocence and believe the FBI hounded him to death. And the evidence against him, while interesting, is circumstantial. Shouldn’t a presumption of innocence continue when a person is dead and can no longer defend himself?” (Kristof 8/27/2008)
The New York Times reports that the FBI is still trying to strengthen its case against deceased anthrax attacks suspect Bruce Ivins in the face of heavy criticism (see September 6, 2008). In early August, days after Ivins’s death, Justice Department officials said the investigation would be formally closed within days or weeks. But now they say it will likely remain open for three to six more months. FBI agents are continuing to interview Ivins’s acquaintances and examine the computers he used in an effort to strengthen the case against him. But FBI and Justice Department officials say they have no doubt about their judgment against Ivins. One anonymous Justice Department official says, “People feel just as strongly as they did a month ago that this was the guy.” (Shane and Lichtblau 9/6/2008)
The New York Times reports that “in interviews last week, two dozen bioterrorism experts, veteran investigators, and members of Congress expressed doubts about the FBI’s conclusions” about deceased anthrax attacks suspect Bruce Ivins, and many “do not think the [FBI] has proved its case” against him. For instance:
Senator Arlen Specter (R-PA) says, “My conclusion at this point is that it’s very much an open matter.… There are some very serious questions that have yet to be answered and need to be made public.”
Senator Charles Grassley (R-IA) says, “If the case is solved, why isn’t it solved? It’s all very suspicious, and you wonder whether or not the FBI doesn’t have something to cover up and that they don’t want to come clean.”
Representative Rush Holt (D-NJ) says, “[The FBI] took their shot… They hoped and maybe believed that the case they laid out would persuade everyone. I think they’re probably surprised by the level of skepticism.”
Bioterrorism expert Dr. Thomas Inglesby says, “For a lot of the scientific community, the word would be agnostic.… They still don’t feel they have enough information to judge whether the case has been solved.”
Dr. Ralph Frerichs, an epidemiologist at the University of California, Los Angeles, says, “There’s no clarity on the simplest aspect: is [making the anthrax used in the attacks] hard to do or easy to do?”
Dr. Gerry Andrews, who once served as Ivins’s boss at USAMRIID, says, “Despite the FBI’s scientific and circumstantial evidence, I and many of Dr. Ivins’s former colleagues don’t believe he did it and don’t believe the spore preparations were made at [USAMRIID]” (see August 1-10, 2008).
Officials have acknowledged “that they did not have a single, definitive piece of evidence indisputably proving that Dr. Ivins mailed the letters—no confession, no trace of his DNA on the letters, no security camera recording the mailings in Princeton, [New Jersey.]” But the Times also notes, “Even the strongest skeptics acknowledged that the bureau had raised troubling questions about Dr. Ivins’s mental health and had made a strong scientific case linking the mailed anthrax to a supply in his laboratory. But they said the bureau’s piecemeal release of information, in search warrant affidavits and in briefings for reporters and Congress, had left significant gaps in the trail that led to Dr. Ivins and had failed to explain how investigators ruled out at least 100 other people who the bureau acknowledged had access to the same flasks of anthrax.” (Shane and Lichtblau 9/6/2008)
The New York Times reports that the FBI and the New York City medical examiner’s office have identified the remains of 13 of the 9/11 hijackers. The remains are still in their custody because no one has claimed them (see Summer 2002). The FBI holds the remains of the nine hijackers who took over Flight 77 and Flight 93, which were recovered from the Pentagon and Shanksville crash sites. The identity of the remains was established indirectly. First, investigators identified the victims using DNA profiles provided by relatives. Those remains that could not be matched to any profile were assumed to belong to the hijackers. The New York City medical examiner’s office also has the remains of four hijackers recovered from the World Trade Center site. A DNA profile for each of the 10 hijackers who took part in the New York attacks was established by the FBI from recovered personal items, such as luggage and cigarette butts left in a rental car. The FBI then supplied these profiles to the medical examiner’s office but without naming them. Therefore, the examiner’s office could only match the four recovered sets of remains but could not identify them by name. Both the FBI and the medical examiner’s office refuse to disclose where exactly the remains are being kept. (Hamill 9/21/2008; Conant 1/12/2009)
The FBI attempts to prevent two agents who were involved in a key pre-9/11 failure from talking about it in a television interview. The agents, Doug Miller and Mark Rossini, were on loan to Alec Station, the CIA’s bin Laden unit, before 9/11. They were involved in the deliberate blocking of a cable to the FBI saying that 9/11 hijacker Khalid Almihdhar had a US visa (see 9:30 a.m. - 4:00 p.m. January 5, 2000) and later, under pressure, falsely claimed not to remember anything about it when interviewed by the Justice Department’s inspector general (see (February 12, 2004)). The FBI allowed Miller and Rossini to be interviewed by author James Bamford for a book and they told him they helped block the cable on the orders of a female CIA officer known only as “Michael” and the station’s deputy chief, Tom Wilshire. However, when Bamford wants them to repeat their stories for a PBS documentary he is making, the FBI initially says yes, but then retracts its approval, saying the bureau “doesn’t want to stir up old conflicts with the CIA.” (Stein 10/1/2008) However, Rossini will actually appear in the documentary, although Miller will not. (PBS 2/3/2009)
Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” (Rose 12/16/2008) On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” (Shane 4/22/2008)
Newsweek reveals that Thomas Tamm, a former high-level Justice Department official, was one of the whistleblowers who revealed the government’s illegal domestic wiretapping program, known as “Stellar Wind,” to the New York Times (see December 15, 2005). Tamm, an ex-prosecutor with a high security clearance, learned of the program in the spring of 2004 (see Spring 2004).
Intense FBI Scrutiny - As of yet, Tamm has not been arrested as one of the leakers in the criminal leak investigation ordered by President Bush (see December 30, 2005), though since the December 2005 publication, Tamm has remained under Justice Department suspicion—FBI agents have raided his home, hauled away his personal possessions, and relentlessly questioned his family and friends (see August 1, 2007). He no longer has a government job, and is having trouble finding steady work as a lawyer. He has resisted pressure to plead to a felony charge of divulging classified information. Newsweek’s Michael Isikoff writes, “[H]e is living under a pall, never sure if or when federal agents might arrest him.” Perhaps his biggest regret is the impact the FBI investigation has had on his wife and children. “I didn’t think through what this could do to my family,” he says. But, “I don’t really need anybody to feel sorry for me,” he says. “I chose what I did. I believed in what I did.”
No Decision to Prosecute Yet - The Justice Department has deferred a decision over whether to arrest and prosecute Tamm until after the Bush administration leaves office and a new attorney general takes over the department. Both President-elect Barack Obama and the incoming Attorney General, Eric Holder, have denounced the warrantless wiretapping program. In one speech Holder gave in June 2008, he said that President Bush had acted “in direct defiance of federal law” by authorizing the NSA program. Former US Attorney Asa Hutchinson, who is helping in Tamm’s defense, says: “When I looked at this, I was convinced that the action he took was based on his view of a higher responsibility. It reflected a lawyer’s responsibility to protect the rule of law.” Hutchinson has no use for the idea, promulgated by Bush officials and conservative pundits, that the Times story damaged the “war on terror” by alerting al-Qaeda terrorists to Stellar Wind and other surveillance programs. “Anybody who looks at the overall result of what happened wouldn’t conclude there was any harm to the United States,” he says. Hutchinson is hopeful that Holder’s Justice Department will drop its investigation of Tamm.
The Public 'Ought to Know' about NSA Eavesdropping - Recently Tamm decided to go public with his story, against the advice of his lawyers. “I thought this [secret program] was something the other branches of the government—and the public—ought to know about,” he tells Isikoff. “So they could decide: do they want this massive spying program to be taking place?… If somebody were to say, who am I to do that? I would say, ‘I had taken an oath to uphold the Constitution.’ It’s stunning that somebody higher up the chain of command didn’t speak up.” Tamm also admits that he leaked information to the Times in part over his anger at other Bush administration policies for the Justice Department, including its aggressive pursuit of death penalty cases, and its use of “renditions” and “enhanced” interrogation techniques against terrorist suspects. He insists that he divulged no “sources and methods” that might compromise national security when he spoke to the Times. He could not tell the Times reporters anything about the NSA program, he says, because he knew nothing specific about the program. As Isikoff writes, “All he knew was that a domestic surveillance program existed, and it ‘didn’t smell right.’” (Times reporter Eric Lichtblau refuses to confirm if Tamm was one of his sources for the stories he wrote with fellow Times reporter James Risen.) (Isikoff 12/22/2008)
Robert Fuller, an FBI agent who interrogated Canadian terror suspect Omar Khadr at Bagram Air Base in 2002 (see October 7-22, 2002), testifies about the interrogation at a Guantanamo hearing. The hearing was requested by Khadr’s defence team, to have self-incriminating statements Khadr made during interrogations suppressed ahead of proceedings before a military commission. Fuller says that, during the interrogation, Khadr told him he recognised a man named Maher Arar from a safe house run by al-Qaeda in Afghanistan and also possibly from a terror training camp. “He identified him by name,” Fuller says. (CBC News 1/20/2009; Edwards 1/20/2009) However, cross-examination by the defense the next day will raise several issues that cast doubt on the identification (see January 20, 2009).
Under cross-examination at a pre-military commission hearing, FBI agent Robert Fuller provides a version of an interrogation of detainee Omar Khadr different to the one he gave a day earlier under direct examination (see January 19, 2009). Fuller had previously described an interrogation of Khadr at Bagram Air Base in Afghanistan where Khadr linked a terror suspect named Maher Arar to al-Qaeda (see October 7-22, 2002) through a photograph identification. However, a lawyer for Khadr pulls out Fuller’s contemporary report of the interrogation and shows that the identification did not happen immediately, as Fuller initially claimed, but that it took several minutes. Lawyers for Khadr will also argue that their client made false statements to interrogators to avoid abuse, and that Arar was in the US and Canada at the time Khadr said he saw him in Afghanistan. (CBC News 1/20/2009; Edwards 1/20/2009)
A newly released government threat analysis shows that slain trust-fund millionaire James G. Cummings, an American Nazi sympathizer from Maine who was killed by his wife Amber in December 2008, possessed the radioactive components necessary to build a so-called “dirty bomb.” Cummings, infuriated by the election of Barack Obama to the presidency, purchased depleted uranium over the Internet from an American company.
FBI Confiscates Radioactive Materials - The Bangor Daily News reports, “According to an FBI field intelligence report from the Washington Regional Threat and Analysis Center posted online by WikiLeaks, an organization that posts leaked documents, an investigation into the case revealed that radioactive materials were removed from Cummings’s home after his shooting death on December 9.” According to the Washington Regional Threat and Analysis Center: “Amber [Cummings] indicated James was very upset with Barack Obama being elected president. She indicated James had been in contact with ‘white supremacist group(s).’ Amber also indicated James mixed chemicals in the kitchen sink at their residence and had mentioned ‘dirty bombs.’” An FBI search of the Cummings home found four jars of depleted uranium-238 labeled “uranium metal” and the name of an unidentified US corporation, another jar labeled “thorium” and containing that material, and a second, unlabeled jar which also contained thorium-232. Other materials found in Cummings’s home were consistent with the manufacture of an explosive device, which if detonated could have spread radioactive debris throughout a relatively large local area. The FBI also found information on how to build “dirty bombs,” and information about cesium-137, strontium-90, cobalt-60, and other radioactive materials. FBI evidence shows Cummings had numerous ties to a variety of right-wing white supremacist groups. Cummings also owned a collection of Nazi memorabilia which, according to local tradesmen, he proudly displayed throughout his home. Police reports show that Cummings has a long history of violence. Amber Cummings contends she is innocent of her husband’s murder by reason of insanity, and claims she suffered years of mental, physical, and sexual abuse at his hands. The Department of Homeland Security has refused to comment on the incident. (Bangor Daily News 2/10/2009; Webster 3/9/2009) Local law enforcement officials downplay the threat Cummings posed, and the national media virtually ignores the story. (Gellman 9/30/2010)
Later Information Shows Depth of Threat Posed by Cummings - Additional information gleaned by Time reporter Barton Gellman from Cummings’s notes and records later shows that the threat posed by Cummings was even more serious than initially reported. Cummings had applied to join the National Socialist Party (the American Nazi organization), and had detailed plans on how to assassinate President-elect Obama. Gellman will call Cummings “a viciously angry and resourceful man who had procured most of the supplies for a crude radiological dispersal device and made some progress in sketching a workable design.” Gellman says that in his attempt to construct a nuclear weapon, Cummings “was far ahead of Jose Padilla, the accused al-Qaeda dirty-bomb plotter (see June 10, 2002), and more advanced in his efforts than any previously known domestic threat involving a dirty bomb.” The materials were later confirmed to be the radioactive materials they were labeled as being; Amber Cummings will say that her husband bought them under the pretense of conducting legal research for a university. Although the materials Cummings had would not, themselves, succeed in unleashing large amounts of radiation over a large area, he was actively searching for three ingredients that would serve such a purpose: cobalt-60, cesium-137, and strontium-90. He had succeeded in manufacturing large amounts of TATP, an explosive favored by Islamist suicide bombers and brought on board an aircraft by “shoe bomber” Richard Reid (see December 22, 2001). “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama,” Amber Cummings says. “He was planning to hide it in the undercarriage of our motor home.” She says her husband had practiced crossing checkpoints with dangerous materials aboard, taking her and their daughter along for an image of innocence. Maine state police detective Michael McFadden, who participated in the investigation throughout, says he came to believe that James Cummings posed “a legitimate threat” of a major terrorist attack. “When you’re cooking thorium and uranium under your kitchen sink, when you have a couple million dollars sitting in the bank and you’re hell-bent on doing something, I think at that point you become someone we want to sit up and pay attention to,” he says. “If she didn’t do what she did, maybe we would know Mr. Cummings a lot better than we do right now.” (Gellman 9/30/2010)
The CIA’s torture of a supposed high-ranking al-Qaeda operative, Abu Zubaida, produced no information that helped foil any terrorist attacks or plots, according to former senior government officials who closely followed the interrogations. Zubaida was subjected to intensive waterboarding and other tortures (see April - June 2002), and provided information about a fantastic array of al-Qaeda plots that sent CIA agents all over the globe chasing down his leads. But none of his information panned out, according to the former officials. Almost everything Zubaida said under torture was false, and most of the reliable information gleaned from him—chiefly the names of al-Qaeda members and associates—was obtained before the CIA began torturing him. Moreover, the US’s characterization of Zubaida as “al-Qaeda’s chief of operations” and a “trusted associate” of Osama bin Laden turned out to be false as well. Several sources have challenged the government’s characterization of Zubaida as a “high-level al-Qaeda operative” before now (see Shortly After March 28, 2002 and April 9, 2002 and After).
'Fixer' for Islamists before 9/11 - Zubaida, a native Palestinian, never even joined al-Qaeda until after 9/11, according to information obtained from court documents and interviews with current and former intelligence, law enforcement, and military sources. Instead, he was a “fixer” for a number of radical Islamists, who regarded the US as an enemy primarily because of its support for Israel. Many describe Zubaida as a “travel agent” for al-Qaeda and other radical Islamists. He joined al-Qaeda because of the US’s preparations to invade Afghanistan. US officials are contemplating what, if any, charges they can use to bring him into court. Zubaida has alleged links with Ahmed Ressam, the so-called “Millennium Bomber” (see December 14, 1999), and allegedly took part in plans to retaliate against US forces after the overthrow of the Taliban in late 2001 (see December 17, 2001). But some US officials worry that bringing him into a courtroom would reveal the extent of his torture and abuse at the hands of the CIA, and that any evidence they might have against him is compromised because it was obtained in part through torture. Those officials want to send him to Jordan, where he faces allegations of conspiracy in terrorist attacks in that country.
Defending Zubaida's Information - Some in the US government still believe that Zubaida provided useful information. “It’s simply wrong to suggest that Abu Zubaida wasn’t intimately involved with al-Qaeda,” says a US counterterrorism official. “He was one of the terrorist organization’s key facilitators, offered new insights into how the organization operated, provided critical information on senior al-Qaeda figures… and identified hundreds of al-Qaeda members. How anyone can minimize that information—some of the best we had at the time on al-Qaeda—is beyond me.… Based on what he shared during his interrogations, he was certainly aware of many of al-Qaeda’s activities and operatives.” But the characterization of Zubaida as a well-connected errand runner was confirmed by Noor al-Deen, a Syrian teenager captured along with Zubaida at a Pakistani safe house (see March 28, 2002). Al-Deen readily answered questions, both in Pakistan and in a detention facility in Morocco. He described Zubaida as a well-known functionary with little knowledge of al-Qaeda operations. (Al-Deen was later transferred to Syria; his current whereabouts and status are unknown to the public.) A former Justice Department official closely involved in the early investigation of Zubaida says: “He was the above-ground support” for al-Qaeda and other radicals. “He was the guy keeping the safe house, and that’s not someone who gets to know the details of the plans. To make him the mastermind of anything is ridiculous.” A former intelligence officer says the US spent an inestimable amount of time and money chasing Zubaida’s “leads” to no effect: “We spent millions of dollars chasing false alarms.”
Connected to KSM - Zubaida knew radical Islamist Khalid Shaikh Mohammed for years. Mohammed, often dubbed “KSM” by US officials, approached Zubaida in the 1990s about finding financial backers for a plan he had concocted to fly a small plane into the World Trade Center. Zubaida declined involvement but recommended he talk to bin Laden. Zubaida quickly told FBI interrogators of Mohammed and other al-Qaeda figures such as alleged “dirty bomber” Jose Padilla (see May 8, 2002). He also revealed the plans of the low-level al-Qaeda operatives he fled Afghanistan with. Some wanted to strike US forces in Afghanistan with bombs, while others harbored ideas of further strikes on American soil. But he knew few details, and had no knowledge of plans by senior al-Qaeda operatives. At this point, the CIA took over the interrogations, and the torture began (see Mid-April-May 2002). As a result of the torture, Zubaida began alternating between obstinate silence and providing torrents of falsified and fanciful “intelligence”; when FBI “clean teams” attempted to re-interview some detainees who had been tortured in order to obtain evidence uncontaminated by abusive treatment, Zubaida refused to cooperate. Joseph Margulies, one of Zubaida’s attorneys, says: “The government doesn’t retreat from who KSM is, and neither does KSM. With Zubaida, it’s different. The government seems finally to understand he is not at all the person they thought he was. But he was tortured. And that’s just a profoundly embarrassing position for the government to be in.” Margulies and other lawyers want the US to send Zubaida to another country besides Jordan—Saudi Arabia, perhaps, where Zubaida has family. Military prosecutors have already deleted Zubaida’s name from the charge sheets of detainees who will soon stand trial, including several who were captured with Zubaida and are charged with crimes in which Zubaida’s involvement has been alleged.
Pressure from the White House - The pressure from the White House to get actionable information from Zubaida was intense (see Late March 2002), according to sources. One official recalls the pressure as “tremendous.” He says the push to force information from Zubaida mounted from one daily briefing to the next. “They couldn’t stand the idea that there wasn’t anything new. They’d say, ‘You aren’t working hard enough.’ There was both a disbelief in what he was saying and also a desire for retribution—a feeling that ‘He’s going to talk, and if he doesn’t talk, we’ll do whatever.’” (Finn and Warrick 3/29/2009)
Daniel Knight Hayden, an Oklahoma man who has declared himself affiliated with local tea party organizations and the “Oath Keeper” movement (see March 9, 2009 and March 2010), is arrested by FBI agents after posting a series of messages on Twitter threatening to unleash a violent attack on Oklahoma state government officials on April 15, “Tax Day.” On April 13, under the moniker “CitizenQuasar,” Hayden began posting a blizzard of “tweets” about his intention to be on the Oklahoma State Capitol steps on the 15th, at first as part of a peaceful tea party event, then escalating into harsher rhetoric, and eventually threats of violence. On April 14, he wrote: “Tea Parties: And Poot Gingrich wants to stand in the limelight. He is a NWO operative,” referring to former Republican House Speaker and tea party favorite Newt Gingrich, and accusing him of being an “operative” for the “New World Order” (see September 11, 1990). Towards midnight of April 14, Hayden begins the following series of posts: “Maybe it’s time to die. Let’s see if I can video record the Highway Patrol at the entrance to the Oklahoma State Capitol.” “While trying to inform them of Oath Keepers” (and links to the Oath Keepers blog). “And post it on the internet. Since i live on this sorry f_cking state,that is as good a place as ANY to die and start a WAR. WEshallsee.” “I WISH I had someone to watch my back with MY camera.” “AND, no matter WHAT happens, to post it on the internet IMMEDIATELY, AND send it to Alex Jones!!!!!!!!!!!!” (referring to radio talk show host Alex Jones). “Damnit!” “Alas… WE SHALL see the TRUTH about this sorry f_cking state!!!!!!!” After a few more posts, Dyer begins posting direct threats of violence (later removed from the Twitter account, but presented in the FBI affidavit). “The WAR wWIL start on the stepes of the Oklahoma State Capitol. I will cast the first stone. In the meantime, I await the police.” “START THE KILLING NOW! I am wiling to be the FIRST DEATH! I Await the police. They will kill me in my home.” “After I am killed on the Capitol Steps like REAL man, the rest of you will REMEMBER ME!!!” “I really don’ give a sh_t anymore. Send the cops around. I will cut their heads off the heads and throw the on the State Capitol steps.” Hayden is taken into custody before he can go to the Capitol building, and arrested for transmitting threats to kill or injure people using interstate communication tools over the Internet. FBI agent Michael Puskas confirms that Dyer posted under the moniker “CitizenQuasar,” and says Dyer also has MySpace and Blogger accounts under similar monikers. Wired magazine says it “appears to be [the] first criminal prosecution to stem from posts on the microblogging site,” and calls Dyer’s MySpace page “a breathtaking gallery of right-wing memes about the ‘New World Order,’ gun control as Nazi fascism, and Barack Obama’s covert use of television hypnosis, among many others.” Dyer will be arraigned on April 16 and ordered released to a halfway house, a move the Associated Press reports as suggesting “the magistrate judge does not consider him a genuine threat.” (Wired News 4/24/2009; Associated Press 4/26/2009) Posters on the conservative blog Free Republic, commenting on Hayden’s arrest, label him a “leftist” who intended to kill tea party protesters, a contention they say is proven by Hayden’s vows to seek revenge for the government’s execution of Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995). One poster writes: “Hayden appears to be one of those mixtures of far out ideologies. On one hand he seems to support nazism but accused Obama of using mind control.” (Free Republic 4/24/2009)
Congressional Quarterly reporter Jeff Stein publishes an article alleging that House Democrat Jane Harman (D-CA) was captured on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department to reduce espionage charges against two officials of the American Israel Public Affairs Committee (AIPAC—see October 2005). The offer was allegedly made in return for AIPAC’s help in Harman’s attempt to gain the chairmanship of the House Intelligence Committee (see Summer 2005). Stein’s sources say the wiretap was approved by a federal court as part of an FBI investigation into illegal Israeli covert actions in Washington. Stein also reports on accusations that the FBI investigation into Harman’s activities was halted by then-Attorney General Alberto Gonzales in return for Harman’s support for the Bush administration’s warrantless wiretapping program (see Late 2005). In a statement, Harman says the allegations are false. “These claims are an outrageous and recycled canard, and have no basis in fact,” she says through a spokesman. “I never engaged in any such activity. Those who are peddling these false accusations should be ashamed of themselves.” (Stein 4/19/2009) Harman’s chief of staff, John Hess, later tells reporters that Stein’s story “recycles three-year-old discredited reporting of largely unsourced material to manufacture a ‘scoop’ out of widely known and unremarkable facts—that Congresswoman Jane Harman is and has long been a supporter of AIPAC, and that some members of AIPAC regarded her as well qualified to chair the House Intelligence Committee following the 2006 elections.” Hess adds, “If there is anything about this story that should arouse concern, it is that the Bush administration may have been engaged in electronic surveillance of members of the Congressional intelligence committees.” (Newmyer 4/21/2009)
Explanation of Harman's Failure to Ascend - According to Stein, “[s]uch accounts go a long way toward explaining not only why Harman was denied the gavel of the House Intelligence Committee (see December 2, 2006), but failed to land a top job at the CIA or Homeland Security Department in the Obama administration.” (Stein 4/19/2009)
Bipartisan Corruption - Both Congressional Democrats and their Republican colleagues are remarkably silent on the charges, which, if true, would taint both a high-ranking Congressional Democrat and a former Republican attorney general. “The whole thing smells, and nobody’s hands are clean,” says an aide to a senior Democratic lawmaker. Conservative scholar Norman Ornstein of the American Enterprise Institute says, “I don’t think anybody wants to touch it.” Ornstein, who says he knows Harman “very well,” calls the charges a “big embarrassment,” but notes that he would be “very surprised” if the charges proved to be true. The political watchdog group Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation. CREW executive director Melanie Sloan says, “If Rep. Harman agreed to try to influence an ongoing criminal investigation in return for help securing a committee chairmanship, her conduct not only violates federal law and House rules, but also her oath to uphold the Constitution.” (Newmyer 4/21/2009)
Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” (Soufan 4/22/2009; Isikoff 4/25/2009) In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). (Isikoff 4/25/2009)
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” (Soufan 4/22/2009; Isikoff 4/25/2009)
FBI special agent and whistleblower Robert G. Wright Jr. wins the right to publish most of the information over which he has been fighting the FBI in court for nearly seven years (see May 9, 2002). US District Court Judge Gladys Kessler rules that Wright can publish most of the information in his 500-page manuscript, all of the information in two complaints he had filed with the Department of Justice Office of Inspector General regarding the FBI’s handling of terrorism investigations, and his answers to New York Times reporter Judith Miller’s questions. Kessler also rules that Wright’s colleague and co-plaintiff, FBI Special Agent John Vincent, can publish his answers to Miller’s questions.
Judge Repeatedly Faults FBI - In her 41-page memorandum opinion, Kessler repeatedly finds fault with the FBI. The preface to the opinion summarizes the proceedings and the related issues in this way: “This is a sad and discouraging tale about the determined efforts of the FBI to censor various portions of a 500-page manuscript, written by a former long-time FBI agent, severely criticizing the FBI’s conduct of the investigation of a money laundering scheme in which United States-based members of the Hamas terrorist organization were using non-profit organizations in this country to recruit and train terrorists and fund terrorist activities both here and abroad. The FBI also sought to censor answers given by both plaintiffs to a series of written questions presented to them by a New York Times reporter concerning Wright’s allegations about the FBI’s alleged mishandling of the investigation. In its efforts to suppress this information, the FBI repeatedly changed its position, presented formalistic objections to release of various portions of the documents in question, admitted finally that much of the material it sought to suppress was in fact in the public domain and had been all along, and now concedes that several of the reasons it originally offered for censorship no longer have any validity. Unfortunately, the issues of terrorism and of alleged FBI incompetence remain as timely as ever.” (Memorandum Opinion: Wright, v. FBI (PDF) 5/6/2009 )
A 'Pyrrhic Victory' for Wright - Reporting on the case for Politico, Josh Gerstein will call the outcome “a pyrrhic victory for [Wright], since the passage of time appears to have diminished the market for his book.” Gerstein will quote one of Wright and Vincent’s lawyers, Paul Orfanedes of Judical Watch, as saying, “It’s a perfect example of how delaying somebody’s ability to publish is a clear violation of their rights.” Gerstein will also report, “Orfanedes said Wright’s book ‘might be made public in a reduced format,’ but that the group’s main hope now was to expose how the government system for pre-publication reviews of books by FBI, CIA, and other national security-related officials, is dysfunctional.” (Gerstein 5/11/2009)
FBI Attempts to Censor Judge's Memorandum Opinion and Fails - In an ironic twist, an FBI demand for redaction of a portion of Kessler’s memorandum opinion calls attention to that portion of the text, which is easily readable due to improper redaction technique; the text under the blacked out portion can be copied and pasted. The redacted portion is an FBI argument for why a portion of Wright’s manuscript must be redacted. It reads, “[D]isclosure of the location and use of this infrastructure could allow individuals to survey, attempt to penetrate, or disrupt the activities that take place in the infrastructure.” It is unclear why the FBI believes that a general reference to sensitive infrastructure is sensitive in itself. (Memorandum Opinion: Wright, v. FBI (PDF) 5/6/2009 ; Memorandum Opinion: Wright, v. FBI (PDF) 5/6/2009; Memorandum Opinion: Wright, v. FBI (PDF) 5/6/2009)
The “Newburgh Four,” James Cromitie, David Williams, Onta Williams, and Laguerre Payen, are arrested by police and the FBI over a plot to attack Jewish buildings and an air base in New York State. The arrest comes after the men have planted what they think are bombs in cars outside two synagogues, the Riverdale Temple and Riverdale Jewish Center, in the Bronx, New York City. The four are planning to go to the Air National Guard base in Newburgh to shoot down military aircraft with what they think are real Stinger missiles, when they are seized by the authorities. (Hernandez and Chan 5/22/2009) The men hatched the plot with an FBI informer named Shahed Hussain, who was working for bureau agent Robert Fuller. (Murphy 8/27/2010)
US Special Operations Command (SOCOM) sends 1,000 more Special Operations forces and support staff into Afghanistan, military sources tell Fox News contributor and conservative author Rowan Scarborough. A spokesman at SOCOM confirms this will bring the publicly acknowledged number of Special Operations forces in Afghanistan to about 5,000. The movement of forces comes as Lieutenant General Stanley McChrystal is awaiting Senate confirmation to take command in Afghanistan. McChrystal is expected to put more emphasis on using Special Forces and black operations for counterinsurgency, man hunting, capture, and assassination operations.
Revamping Special Operations Afghanistan - SOCOM has also been revamping the command structure and the way commandos operate in Afghanistan. Military sources say Brigadier General Ed Reeder, who heads the new Combined Forces Special Operations Component Command in Afghanistan, has changed the way Green Beret “A” Teams, Delta Force, and other special operators conduct counterinsurgency. Reeder’s new secret command combines the more open Green Berets and Marine commandos with secret Delta Force and Navy SEAL units that conduct manhunts. The covert side works in task forces identified by a secret three-digit number, and is aided by Army Rangers and a Joint Interagency Task Force made up of the CIA, National Security Agency, FBI, and other intelligence units. (Scarborough 6/5/2009)
James von Brunn, an 88-year-old man with a long history of violence and anti-Semitism, opens fire inside Washington’s Holocaust Museum. Von Brunn kills a security guard, Stephen T. Johns, before being brought down by fire from other security guards. Von Brunn is hospitalized in critical condition. Von Brunn brought a .22 rifle into the museum and began shooting almost immediately upon entering the building. (WJLA-TV 6/10/2009; Sisk and Kennedy 6/11/2009) The New York Daily News identifies von Brunn as a “neo-Nazi.” (Sisk and Kennedy 6/11/2009)
Targeting Jewish White House Official - Von Brunn has a list of nine locations in his car, including the White House, the US Capitol, and media outlets such as Fox News and the Washington Post. (WJLA-TV 6/10/2009) A note in a notebook found in the car reads: “You want my weapons, this is how you’ll get them. The Holocaust is a lie. Obama was created by Jews. Obama does what his Jew owners tell him to do.” In September 2010, the press will learn that von Brunn intended to kill President Obama’s senior adviser David Axelrod, a Jew. Von Brunn did not believe he could get to Obama, authorities will later confirm, but he had the “motive, means, and intent” to kill Axelrod, one of Obama’s closest aides. Axelrod will be given special Secret Service protection. (Taylor and Nasaw 6/11/2009; Gellman 9/30/2010; Sladja 9/30/2010)
Shock, Sadness Mark Reactions - Within hours, President Obama and a number of political and cultural organizations will express their shock and sorrow over the shooting (see June 10-11, 2009).
Long History of Violence, White Supremacist Ties, and Anti-Semitism - Von Brunn maintains a Web site, “holywesternempire.org,” described by reporters as “racist [and] anti-Semitic,” and is the author of a book, Kill the Best Gentiles, which alleges a Jewish “conspiracy to destroy the white gene pool.” Von Brunn served six years in prison for a 1981 attempt to kidnap members of the Federal Reserve Board. (On his Web site, he complained of being convicted by a “Jew/Negro” conspiracy of lawyers and judicial officials.) His Web site alleges that the Holocaust is a hoax, and calls Nazi Germany the “cultural gem of the West.” The FBI is investigating the shooting as a possible hate crime or a case of domestic terrorism. The Southern Poverty Law Center (SPLC) lists von Brunn’s Web site as a hate site. (WJLA-TV 6/10/2009; NBC New York 6/11/2009; Hall, Bello, and Heath 6/11/2009) “We’ve been tracking this guy for decades,” says SPLC official Heidi Beirich. “He thinks the Jews control the Federal Reserve, the banking system, that basically all Jews are evil.” (Associated Press 6/10/2009) Von Brunn’s son, Erik von Brunn, says his father’s virulent racism and anti-Semitism has blighted their family for years. In a statement, he writes: “For the extremists who believe my father is a hero: it is imperative you understand what he did was an act of cowardice. His actions have undermined your ‘movement,’ and strengthened the resistance against your cause. He should not be remembered as a brave man or a hero, but a coward unable to come to grips with the fact he threw his and his families lives away for an ideology that fostered sadness and anguish.” (Turgue 6/14/2009) Further investigation turns up evidence that Von Brunn has connections to white supremacist organizations and anti-government groups. In 2004, von Brunn stayed for four days in Hayden, Idaho, with Stan Hess, then the representative for white supremacist David Duke’s European rights group. Hess recalls von Brunn as being “very angry about society and the Jewish influence at the Federal Reserve.” Von Brunn, Hess says, alluded to violence but never spoke specifically about a target. (NBC New York 6/11/2009; Hall, Bello, and Heath 6/11/2009) FBI investigators find a painting of Adolf Hitler and Jesus Christ standing together in von Brunn’s home. They also find more firearms, and child pornography on his computer. (MyFoxDC 6/17/2009; Wilber 6/19/2009) Von Brunn also has ties to the far-right, white supremacist British National Party, and had attended meetings of the American Friends of the British National Party. (Taylor and Nasaw 6/11/2009)
Eradicating Evidence of Support - Within hours of the murder, Web sites featuring von Brunn’s work begin removing his material from their pages; some of those sites are operated by organizations whose members had praised and supported von Brunn’s white supremacist and anti-Obama statements (see June 10-11, 2009).
Connections to Anti-Obama 'Birther' Movement - Von Brunn has also written about his belief that Obama is at the heart of a conspiracy to cover up his Kenyan citizenship (see October 8-10, 2008). Reporter Ben Smith writes, “The penetration of the birther mythology into the violent fringe has to be a worry for the Secret Service, because at it’s heart, it’s about denying Obama’s legitimacy to hold the office of president.” (Smith 6/10/2009; Hall, Bello, and Heath 6/11/2009)
Indicted for Murder, Dies before Trial - Von Brunn will be indicted for first-degree murder in the death of Johns. (Wilber 7/29/2009) However, he will die in prison before his trial can commence. (BBC 1/6/2010)
FBI whistleblower Sibel Edmonds testifies under oath in a deposition for the Schmidt v. Krikorian case. David Krikorian, a 2010 Democratic candidate for US Representative of Ohio, had been sued by Jean Schmidt (R-OH) in response to his claim that she had accepted “blood money” from the Turkish lobby in exchange for opposing an Armenian genocide resolution. As part of his defense against Schmidt’s charge that he had libeled her, Krikorian subpoenaed Edmonds’s testimony, as she had previously spoken and written about corruption of members of Congress by the Turkish Lobby. In two unrelated lawsuits prior to this one, Edmonds had been blocked from testifying by former Attorney General John Ashcroft, under the State Secrets Act. In Schmidt v. Krikorian, however, the Department of Justice under Attorney General Eric Holder does not reinvoke the claim of “state secrets” or otherwise move to block the testimony, and does not dispatch legal counsel to raise objections during the deposition. At the deposition, Krikorian is represented by Dan Marino of Mark Geragos’ law firm, Schmidt is represented by Bruce Fein, and Edmonds has retained Stephen M. Kohn of the National Whistleblower Center. Kohn says he has “asked [Sibel Edmonds] to limit her responses only to the information that she believes to be publicly available or she has learned from sources outside of her employment.” Marino begins his examination of Edmonds by asking basic questions about her background and work with the FBI, then works through a lengthy series of questions based on public statements Edmonds had made regarding events she witnessed. Much of this information has previously been reported, but for the first time, Edmonds is swearing to it under oath. (Edmonds 8/8/2009) The following subjects were covered in attorney Dan Marino’s initial examination of Sibel Edmonds:
Edmonds' Experience with Her FBI Co-worker Melek Can Dickerson and Her Husband, Major Douglas Dickerson - Edmonds and her husband Matthew Edmonds had previously said former FBI colleague Melek Can Dickerson and her husband, Major Douglas Dickerson, attempted to bribe her to pass on sensitive information (see December 2, 2001), and she confirms this. Edmonds had also previously reported to Congress and the Justice Department Inspector General that Melek Can Dickerson was spying for subjects of the FBI’s investigations (see (Late October 2001)), and she confirms this as well. (Edmonds 8/8/2009, pp. 22-34, 38)
Turkish Entities Targeted by FBI Investigations of Influence and Espionage - When asked if the American Turkish Council was a target of FBI investigations (see Late 1990s-Early 2001, Edmonds confirms it, but when asked to identify others, she declines to specifically name any. When asked about the “Turkish Lobby”, Edmonds says there is an overt and a covert lobby. The covert lobby involves “trying to obtain very sensitive, classified, highly classified US intelligence information, weapons technology information, classified congressional records, recruiting—recruiting key US individuals with access to highly sensitive information, blackmailing, bribery.” She testifies the Turkish government is indirectly involved, and that its concerns include access to US aid and weapons, as well as preventing Congress from passing a resolution acknowledging the Turkish genocide of the Armenians. (Edmonds 8/8/2009, pp. 26-41)
Edmonds' 'State Secrets Privilege Gallery' - Marino asks the meaning of the ‘State Secrets Privilege Gallery’ at her website, justacitizen.com (see January 6, 2008). The gallery is a collection of photos without names; Edmonds explains it features the subjects of FBI investigations Edmonds was part of during her time as an FBI translator, whose names and criminal activities were being protected by claims of State Secrets and the gag orders she had been placed under. The twenty-one photos (including three place holders with question marks) feature current and former State and Defense Dept. officials; current and former members of Congress; and lobbyists and members of think tanks. Marino then names nine of the people listed in the gallery, and asks why they’re listed. As it had been reported by others that Marc Grossman was the person involved, Edmonds discusses, in some detail, her knowledge of his involvement with a criminal network stealing and selling US nuclear secrets (see January 6, 2008 and After), as well as his disclosure to a Turkish agent that Brewster Jennings was a CIA front company investigating nuclear trafficking (see Summer-Autumn 2001). Edmonds discusses the others in more general terms; Dennis Hastert (R-IL), Dan Burton (R-IN), Stephen Solarz (D-NY), Bob Livingston (R-LA) and Tom Lantos (D-CA) are all variously accused of accepting bribes in exchange for serving the interests of foreign governments, as well as involvement in blackmail and money laundering. Lantos is also accused of “disclosing highest level protected US intelligence and weapons technology information both to Israel and to Turkey.” Edmonds indicates the question mark in the Congressional group is a bisexual woman and a current member of Congress. Turkish agents wanted her to oppose an Armenian genocide resolution, and because her husband was an influential businessman. Edmonds did not include her photo in the gallery, and declines to name her in the deposition, as she is unaware if the congresswoman had actually been blackmailed, or done anything illegal. However, in an interview published in the November 2008 American Conservative, Edmonds names her as Jan Schakowsky (D-IL). (Edmonds 8/8/2009, pp. 42-84)
Indirect Knowledge of Illicit Israeli Influence on Congress - Asked if she is “aware of the Israeli government or Israeli organizations influencing members of Congress,” Edmonds responds, “Indirectly, based on how they work, some of the largest Israeli lobby groups with the entities such as ATC and also the Turkish diplomatic community and how they actually trained and make it possible for the Turkish lobby and these entities to do it. [T]hey had training period in ‘96 and ‘98 from individuals that were sent to them from both [AIPAC] and JINSA, both the lobbying, but also on… covering up the money track.” (Edmonds 8/8/2009, pp. 64)
Behrooz Sarshar's Testimony regarding FBI 9/11 Foreknowledge - Marino asks Edmonds about an entry on her Wikipedia page that said, “[Edmonds] claims that the FBI received information in April 2001 from a reliable Iranian intelligence asset that Osama bin Ladin was planning attacks on four to five cities with planes. Some of the people were already in the country, and the attacks would happen in a few months.” Edmonds clarifies that she knew of this incident from FBI translator Behrooz Sarshar (see April 2001), and her role was that she, “facilitated Mr. Sharshar’s meeting with 9/11Commission and also with the Glenn Fine, Department of Justice Inspector General’s Office, and… put him in touch with the members of media.” (Edmonds 8/8/2009, pp. 66-67)
How Blackmail Operations Are Conducted by Turkish Operatives - Sibel Edmonds explains how blackmail operations were conducted by Turkish agents. “[E]veryone was taught in [FBI] counterintelligence—that the target[,] US persons, whether they are in Congress or executive branch or whatever, first go by foreign entities to what they refer to as hooking period, and it was very common; it’s a very common way of trying to find vulnerability, and that is sexual, financial, any other kinds of greeds, and it was… being done a lot, and in some cases certain people from Pentagon would send a list of individuals with access to sensitive data, whether weapons technology or nuclear technology, and this information would include all their sexual preference, how much they owed on their homes, if they have gambling issues, and the State Department, high level State Department person would provide it to these foreign operatives, and those foreign operatives then would go and hook those Pentagon people, whether they were at RAND or some other Air Force base. And then the hooking period would take some times. Sometimes it takes months, sometimes one year. They would ask for small favor, but eventually after they reviewed the targets… then they would go blackmail and that person would give them everything, nuclear related information, weapons related information. It always worked for them. So it was not always money.” (Edmonds 8/8/2009, pp. 72-74)
The Historical Reality and Turkish Denial of the Armenian Genocide - Edmonds acknowledges the Ottoman genocide of Armenians as historical fact. She also notes that in Turkish society acknowledgment of the genocide is not permitted, and there are active efforts to suppress and dispute information and views related to it. (Edmonds 8/8/2009, pp. 78-81)
The Revolving Door between the US Government and the Turkish Lobby - Asked if she was aware that members of Congress have left office and become lobbyists for Turkey, Edmonds affirms her knowledge of Hastert, Solarz and Livingston having done so. She also adds, “But then there are people who work for these lobbying firms who are not the top, but they have received their share while they were working, whether they are in Pentagon. One person was Defense Intelligence Agency person, Dana Bauer, and now she works for Bob Livingston, but this individual, Ms. Bauer, did a lot of favors and illegal favors… for [the] government of Turkey and others, and then was hired by Livingston and put on a big salary to represent Turkish government. So it’s not only top tier of the lobbying firm, but then the people who work for them later and the various layers of those people.” (Edmonds 8/8/2009, pp. 83)
Quid Pro Quo: Congress and the Turkish Lobby - Attorney Marino solicits Edmonds understanding of Congress, lobbyists and ‘quid pro quo’, with a hypothetical example he deems “particularly relevant to our case”, saying: “You have a hypothetical Congresswoman from State X. Her district has no Turkish population to speak of or Armenian population to speak of. She’s the largest recipient of Turkish PAC money in the 2008 election cycle. All right? She meets with Livingston and Rogers or Livingston Group when they’re escorting members of the Turkish parliament to a reception. She receives fact sheets from the Livingston Group talking about Turkish relations; goes to luncheons in honor of the Turkish Foreign Minister, and she opposes Armenian genocide resolution and, in fact, refuses to even recognize the genocide as a historical fact.” Edmonds responds, “Based on several that I personally know about in terms of how they conduct and how they behave, those elected officials who are serving the foreign government’s interest, I would say that’s modus operandi that you describe. It’s a classic fit of how individuals who happen to owe their position and favors to a foreign government, in this particular case Turkey, behave… and the kinds of people they associate with. That modus operandi classically matches of the individuals I know who were serving Turkish government’s and other Turkish entities’ interest.” (Edmonds 8/8/2009, pp. 84-87)
Turkish Practices and Policies 'Inimical to American Interests' that Resulted in 'Lost Lives' - Edmonds is asked about a deposition-related declaration in which she stated that she had, “obtained evidence that the government of Turkey had engaged in practices and policies that were inimical to American interests and had, in fact, resulted in both the direct and indirect loss of American lives.” As examples, Edmonds refers to the setting up of Madrassahs in order to radicalize Muslims to be Mujahedeen and use them as proxies in conflicts and terrorism; trafficking in heroin; “illegally obtaining and selling” US military weapons and technology including nuclear secrets, as well as other top secret information, including foreign policy secrets; and the exposure of Brewster-Jennings as a CIA front company investigating nuclear trafficking (see Summer-Autumn 2001). (Edmonds 8/8/2009, pp. 88-94)
Fethullah Gulen, US-Protected Madrassah Financier - When asked who Fethullah Gulen (spelled Fetullah Gulan in the transcript) is, Edmonds states his network controlled around $25 billion and had set up 300 Madrassahs in Central Asia. She says he fled Turkey when Turkish authorities linked him to plans to overthrow the secular Turkish government, and he was permitted to enter and remain in the US without a visa. Edmonds states he is establishing Madrassah’s in the US that are allegedly moderate but are in fact radicalizing Muslims, and that Gulen is being protected by US authorities because US entities consider his network useful for waging proxy wars over Central Asian energy resources. As an analogy, Edmonds says the “Cold War is not over”. (Edmonds 8/8/2009, pp. 94-98) After Marino’s examination, Bruce Fein cross-examines Edmonds, then Marino re-examines and Fein cross-examines her again. The entire deposition lasts about four and a half hours. (Edmonds 8/8/2009, pp. 104-216)
A swastika is found spray-painted on a sign outside the district office of Representative David Scott (D-GA), an African-American Democrat and health care reform supporter. Scott says the swastika reflects an increasingly hateful and racist debate over health care; he hopes it may shock people into toning down their rhetoric. Scott’s staff found the Nazi graffiti sprayed on a sign outside his Smyrna, Georgia, office upon arriving to work. On August 1, Scott had been involved in a contentious debate over health care reform at a community meeting that was intended to be about plans for a new highway in the district. Scott says he has received mail and e-mails calling him “n_gger,” terming President Obama a Marxist, and photos of Obama with swastikas painted on his forehead. Scott reads one of the letters on the air to CNN’s Carlos Watson: “They address it to n_gger David Scott,” he says, and reads, “‘You were, you are, and you shall forever be, a n_gger.’ I got this in the mail today. Somewhere underneath this, bubbling up, is the ugly viscissitudes of racism. We should be proud we have an African-American president and celebrating him willing to take on the difficult issue of health care, an issue that reflects 19 percent of our economy. Here we are in Congress trying to grapple with an almost impossible task—almost two improbables together, bring the cost of health care down while expanding the coverage of it. That is a difficult assignment and it should not be relegated to these mobs of people who will come and hijack a meeting.… We have got to make sure that the symbol of the swastika does not win, that the racial hatred that’s bubbling up does not win this debate. There’s so much hatred out there for President Obama.… We must not allow it to intimidate us.” The Smyrna Police Department, along with the US Capitol Police and the FBI, are investigating the vandalism of the sign. (Associated Press 8/11/2009; WXIA-TV 8/11/2009; Huffington Post 8/12/2009)
Targeted by Fox News Talk Show Host - Liberal news and advocacy Web site Think Progress notes that the day before the vandalism, Fox News host Glenn Beck had targeted Scott in a tirade against health care reform, saying in part: “Congressman, how many Americans… have called and called and called, only to be treated like swine? You know what? I’m not sure, Congressman, if you are aware that not everybody has access to a brand new Gulfstream G550 [luxury jet]. I mean, it might be tough for the average Joe, who makes $129,000 less than you do to swing by the office for a meeting in Washington, DC. We hope you understand and accept our offer instead to use a common alternative to private jets that are so much better for the environment called the telephone. America, you call your congressman. You call just—the congressman that represents you. You call your senator right now.” (Terkel 8/11/2009)
'Liberal Conspiracy' - Within minutes of the story becoming news, right-wing commentators and bloggers begin stating their belief that the swastika was painted by liberals to stir up controversy. The Weekly Standard’s John McCormack writes: “It’s possible that a neo-Nazi actually vandalized Rep. Scott’s offices. But given the fact that the Nazi imagery so neatly dovetails with the left’s smearing of health care protesters as fascists (see August 10-11, 2009), isn’t it more likely that this act of vandalism was committed by one of Scott’s supporters?” The next day, conservative blogger John Hawkins writes that “a liberal” probably painted the swastika on Scott’s sign. “Let’s see, you have a congressman who loves to play the race card and a controversial health care debate that the Left is losing,” he writes. “If you’re a liberal, painting a swastika on his door might look like a pretty good idea.” (McCormack 8/11/2009; John Hawkins 8/12/2009) Conservative radio host Rush Limbaugh tells his listeners: “I don’t buy this. This is too politically convenient.… I think the Democrats are doing this themselves.” (Media Matters 8/11/2009)
'Frightening Display of Bigotry and Ignorance' - Scott’s spokeswoman, Jennifer Wright, says she believes the accusations that Scott sympathizers painted the swastika are “funny.” Bill Nigut, the Southeast Regional Director of the Anti-Defamation League, says the swastika is a “frightening display of bigotry and ignorance that should not be tolerated by a democratic society.” (Terkel 8/11/2009)
The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. (PBS 8/24/2009) Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” (Johnston 8/25/2009)
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” (PBS 8/24/2009) CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” (Johnston 8/25/2009)
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). (MSNBC 8/25/2009)
Federal judge Emmet Sullivan rules that the FBI must publicly reveal information from its 2004 interview with then-Vice President Dick Cheney during the Valerie Plame Wilson leak investigation (see May 8, 2004). The information has been kept classified by both the Bush and Obama administrations, who have argued that future presidents, vice presidents, and their senior staff may not cooperate with criminal investigations if they know what they say could became public. Sullivan rules that there is no justification to withhold the FBI records of Cheney’s interview, since the leak investigation has long since concluded. Further, the idea that such a judgment may lead to future reluctance to cooperate with investigations is ‘incurably speculative’ and cannot affect his judgment. To rule in favor of the Bush and Obama administrations, Sullivan says, would be “breathtakingly broad” and “be in direct contravention of ‘the basic policy’ of” the Freedom of Information Act. He does allow some portions, affecting national security and private communications between Cheney and former President Bush, to be redacted. Those portions include details about Cheney’s talks with then-CIA Director George Tenet about Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), talks with then-National Security Adviser Condoleezza Rice, discussions about Bush’s 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), discussions about how to respond to press inquiries about the leak of Plame Wilson’s identity, and Cheney’s involvement in declassification discussions. The Justice Department has previously indicated that it would appeal any ruling allowing the information of Cheney’s testimony to be made public. The declassification was sparked by a July 2008 lawsuit filed by the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW), who filed a Freedom of Information Act request with the Justice Department seeking records related to Cheney’s interview in the investigation. In August, CREW sued for the records. CREW’s Melanie Sloan says the group hopes the Obama administration will reveal the entire record in the interest of transparency. “The American people deserve to know the truth about the role the vice president played in exposing Mrs. Wilson’s covert identity,” she says. “High-level government officials should not be permitted to hide their misconduct from public view.” (Pickler 10/1/2009; Gerstein 10/1/2009)
Five people, including three police officers, face federal charges in the murder of illegal immigrant Luis Ramirez (see July 12, 2008 and After). The four teenagers who beat Ramirez to death were acquitted of all but minor charges by an all-white jury (see May 2, 2009 and After). Two indictments charge the five with federal hate crimes, obstruction of justice, and conspiracy, in what authorities say was a racially motivated attack. The indictments are against two of the defendants in the murder trial, Brandon Piekarsky and Derrick Donchak, and three police officers: Shenandoah Police Chief Matthew Nestor, Lieutenant William Moyer, and Officer Jason Hayes. Donchak and Piekarsky face a maximum penalty of life in prison plus additional time. Donchak is accused of conspiring with Nestor, Moyer, and Hayes to orchestrate a cover-up of the crime. The three officers face obstruction of justice charges, and Moyer faces charges of witness and evidence tampering, and of lying to the FBI. According to the indictments, Nestor, Moyer, and Hayes intentionally failed to “memorialize or record” statements made by Piekarsky about the incident, and “wrote false and misleading official reports” that “intentionally omitted information about the true nature of the assault and the investigation.” The officers face up to 20 years in prison on each of the obstruction counts. Moyer faces additional jail time if convicted of lying to the FBI. At the time of the murder, Hayes was dating Piekarsky’s mother, and Moyer’s son was a high school student who played football with the defendants. One of the charges involves false reports that an eyewitness, Arielle Garcia, reported that it was Brian Scully (see May 18, 2009), and not Piekarsky, who delivered the fatal kick to Ramirez’s head. Subsequent investigation determined that Piekarsky delivered the killing blow. (CNN 12/15/2009; Philadelphia Weekly 12/15/2009; Bortner 1/28/2011) Piekarsky and Donchak will be convicted of violating Ramirez’s civil rights. Nestor and Moyer will be convicted of lesser charges, and Hayes will be acquitted entirely (see January 27, 2011).
Lloyd Woodson, a New Jersey resident, remains in custody after being charged with possession of weapons in a suspected plan to attack a nearby Army base. Woodson was found with a cache of weapons, including guns and a grenade launcher, and a map of New York’s Fort Drum in a New Jersey motel room. Police were tipped off by a convenience store clerk in Branchburg, who called officers around 4 a.m. to report that Woodson was behaving “strangely” in his store. When police arrived, Woodson fled, and officers tackled him in a nearby parking lot. Woodson was wearing a bulletproof vest and carrying an assault rifle. Prosecutors refuse to publicly speculate on what kind of threat they believe Woodson posed. Assistant US Attorney Andrew Kogan tells a state judge why Woodson was arrested and why he should remain in custody: he was carrying weapons and had more in his motel room; he once deserted the military; he has minimal connections to New Jersey, making him more likely to flee; his history with weapons made him a threat; and he said in an interview that he intended to use weapons in furtherance of a crime. The US Attorney’s office refuses to elaborate on Kagan’s court statement. The FBI says Woodson has no known terrorist connections. Woodson enlisted in the Navy in 1988, deserted in 1989, and spent eight years as a fugitive before returning briefly to Navy custody in 1997. (Mulvihill 1/29/2010)
A State Department official sends a secret cable from the US Embassy in Doha, Qatar, to the FBI, CIA, and Department for Homeland Security in Washington, DC. The contents of the cable will be made public by the Daily Telegraph and WikiLeaks in early 2011. The cable recommends that a United Arab Emirates man named Mohamed al Mansoori be watchlisted because he is “currently under investigation by the FBI for his possible involvement in the [9/11 attacks]. He is suspected of aiding people who entered the US before the attacks to conduct surveillance of possible targets and providing other support to the hijackers.” The cable mentions that Mansoori’s US visa had been revoked at some earlier point. Mansoori spent about a week with three Qatari men—Meshal Al Hajri, Fhad Abdulla, and Ali Al Fehaid—several weeks before 9/11. The three men traveled in the US for several weeks and left the day before 9/11. Their behavior raised suspicions amongst the staff at one Los Angeles hotel, and their trip was funded by Al Hajri’s brother, who was living in Virginia but later would be suspected as a terrorist and deported (see August 15-September 10, 2001). (Swinford, Winnett, and Allen 2/1/2011) In 2011, law enforcement officials will tell NBC News that the cable was prompted because the three Qataris were planning to return to the US. The Qataris ended up not coming to the US, but Mansoori presumably was added to the watchlist. These officials will also claim that there is no active investigation of Mansoori or the Qataris. No hard evidence has linked any of them to the 9/11 plot. However, an official claims that Mansoori was deported from the US several years after 9/11, and the FBI apparently continued to have suspicions about him. (Isikoff 2/2/2011)
Congressional Democrats are calling on Republicans and tea party leaders to curb the harassment and death threats being directed at Democratic lawmakers and their families. The harassment and threats stem largely from tea party members and others who are virulently opposed to the health care reform proposed by Democrats and the Obama administration. As lawmakers head home for spring recess, the FBI, the Capitol Police, and the House sergeant-at-arms meet with the Democratic Caucus to hear lawmakers express their worry for the safety of themselves and their families. Phil Hare (D-IL) says he knows Democrats who have told their families to leave their home districts while the lawmakers are in Washington. “If this doesn’t get under control in short time, heaven forbid, someone will get hurt,” Hare says. Hare is holding eight town hall meetings in his district over the recess, and has requested that the Capitol Police coordinate with local law enforcement authorities to provide security. Hare’s wife has asked him to cancel the events, but Hare intends to go forward. “My wife is home alone, and I’m worried for her,” Hare says. “I am about to have my first grandchild. I don’t want to have to be worried.” In recent weeks, an unknown perpetrator cut the gas lines at the home of Thomas Perriello (D-VA)‘s brother, prompting an FBI investigation; the gas lines were cut after a tea party activist posted the brother’s address online, believing it to be Perriello’s (see March 19, 2010 and After). Steve Driehaus (D-OH) has had his address posted on tea party Web sites with exhortations for protesters to visit him at his home to protest his support for health care reform; a photo of Driehaus’s family was printed in a recent newspaper ad attacking Driehaus’s support for health care reform. A brick was recently thrown through the window of the Democratic Party’s office in Cincinnati (see March 19, 2010 and After). Bart Stupak (D-MI) says he has received numerous death threats (see March 19, 2010 and After). Hank Johnson (D-GA) says Democrats need to coordinate an internal security plan. Patrick Murphy (D-PA) says he fears that violence may erupt in the districts. Minority leader John Boehner (R-OH) has condemned the threats, but Driehaus has complained that Boehner has implied his own threat towards himself and his family, calling Driehaus a “dead man” for voting for the health care legislation (see March 18, 2010 and After). Boehner blames Democrats for causing the violence: “I know many Americans are angry over this health care bill and that Washington Democrats just aren’t listening,” he says in a statement. “But, as I’ve said, violence and threats are unacceptable. That’s not the American way. We need to take that anger and channel it into positive change. Call your congressman, go out and register people to vote, go volunteer on a political campaign, make your voice heard—but let’s do it the right way.” Hare says Boehner needs to apologize for his own words and restrain fellow House Republicans, whom Hare says often “rile up” protesters from the Capitol balcony. “If he can’t control his members, they have to find someone who can,” Hare says. At least one Democrat has stood up to the threats; when tea party activists paid a visit to the office of Jim Moran (D-VA) earlier this week, aides got between the protesters and the clearly angry Moran. When the activists asked the aides if Moran needed “bodyguards” to protect him, one aide responded: “We’re not protecting him from you. We’re protecting you from him.” House Majority Leader Steny Hoyer (D-MD) says he believes that Democrats and their families are in real danger from protesters. (Sherman 3/25/2010) House Majority Whip James Clyburn (D-SC) denounces “this crazy stuff the Republicans are doing here,” and says Boehner and other GOP leaders “ought to be ashamed of themselves for bringing these people here to Washington, DC, and they’re acting like this.” Tim Ryan (D-OH), on the House floor, criticizes “these tea bagger protesters who have been out today” and “call[s] on the Republicans to say shame on the tea party for that type of behavior.” Many Republicans and tea party officials claim that the incidents are fabrications, and have called on Democrats to apologize for making false accusations. Some say the racial epithets and death threats come from Democratic supporters who want to cast a poor light on the tea parties. Memphis tea party organizer Mark Skoda says there is an orchestrated attempt among Democrats and liberals to falsely paint the tea parties as racist. (Vogel 3/22/2010)
Nine members of the “Hutaree,” a radical-right Christian militia organization, are charged with conspiring to kill police officers and wage war against the US. The FBI has arrested the nine members—eight men and one women—from locations throughout the Midwest, and are still searching for a tenth member, and charge them with “seditious conspiracy” and other crimes. The FBI alleges that the Hutaree members planned to kill a police officer in Michigan and then stage a second attack on the funeral, using landmines and roadside bombs or IEDs (improvised explosive devices). The arrests come after an 18-month investigation and a series of FBI raids on properties in Michigan, Ohio, and Indiana, after concluding that the group was planning a reconnaissance exercise. Attorney General Eric Holder says: “The indictment… outlines an insidious plan by anti-government extremists to murder a law enforcement officer in order to lure police from across the nation to the funeral where they would be attacked with explosive devices. Thankfully, this alleged plot has been thwarted and a severe blow has been dealt to a dangerous organisation that today stands accused of conspiring to levy war against the United States.” (CNN 3/28/2010; Buchanan 3/29/2010; BBC 3/30/2010; Isikoff and Hosenball 4/12/2010) The nine arrested are David Brian Stone of Clayton, Michigan, the leader of the group; David Brian Stone Jr. of Adrian, Michigan; Joshua Matthew Stone of Clayton; Tina Mae Stone of Clayton; Joshua John Clough of Blissfield, Michigan; Michael David Meeks of Manchester, Michigan; Kristopher T. Sickles of Sandusky, Ohio; Jacob J. Ward of Huron, Ohio; and Thomas W. Piatek of Hammond, Indiana. The FBI recovers 46 guns, two .50-caliber rifles, and 13,000 rounds of ammunition from Piatek’s home. All are denied bail in federal court. (Indiana Post-Tribune 4/4/2010)
FBI Alerted of 'Trouble' in 2009 - The indictment cites “a cooperating witness and an undercover FBI agent”; the Detroit News reports that one of the nine defendants, through her lawyer, says she believes a member of another militia group reported the Hutaree’s plans to the FBI. (Guarino 3/31/2010) It will later emerge that in 2009, residents of Adrian, Michigan, contacted the FBI over their concerns that Stone was planning something violent. Even local militia members were worried, and one militia member decided to infiltrate the group on behalf of the FBI. In the fall of 2009, the FBI learned that the Hutarees were building bombs, and the bureau sent its own undercover agent inside the group. The undercover agent actually offered to make the bombs; senior FBI agent Andrew Arena says that the benefit of that offer was in placing the FBI in charge of the explosives. “We were very fortunate to be able to insert an individual who was able to kind of take that role,” Arena says. “It certainly let me sleep a little better at night.” The agent went to meetings with surveillance devices to make audio recordings of the proceedings, and taped a February 2010 conversation in which Stone declared that he was sure local police “would fight right alongside some Chinese trooper. Heck, yeah. It’s all about power. It’s about the authority. They see us as the little people.” Stone and the other members of his group believe that the US government is planning on using foreign troops to impose martial law and tyranny on American citizens. During the same conversation, in which Stone read a speech he planned to give at an upcoming militia gathering in Kentucky, Stone said: “Now, we need to quit playing this game with these elitist terrorists and actually get serious, because this war will come whether we are ready or not. A war of this magnitude will not be easy. But like the rattlesnake on the Gadsden flag, we have rattled and warned the new world order (see September 11, 1990). Now it’s time to strike and take our nation back.” Arena says that while Stone has the constitutional right to say such things, “when you start taking action towards that government,” a citizen crosses the line into conspiracy to commit a crime. “In this case, we’re defining it as they started to plan how they were going to ignite the war.” When another Hutaree member asked for the help of a local militia headed by David Servino in building bombs and planning attacks, Servino says, “[w]e talked about it, and we decided as a group to go to the State Police Department—this local here—and talk to them, tell them what little information we had.” A day after Servino’s group informed the state police, the FBI began making its arrests. (Norris 4/12/2010)
Extremist, Violent Ideology - A Hutaree Web site shows video footage of military-style training exercises and describes the members as “Christian warriors.” The site tells visitors that the Hutaree are preparing to defend themselves upon the arrival of the Antichrist, “for the end time battles to keep the testimony of Jesus Christ alive.… The Hutaree will one day see its enemy and meet him on the battlefield if so God wills it.” The FBI describes the Hutaree as an “anti-government extremist organization” advocating violence against the police in its indictment of the members; the group perceives the police as an arm of the US government (CNN 3/28/2010; Buchanan 3/29/2010; BBC 3/30/2010) , which it calls ZOG—the “Zionist Occupied Government.” There is some dispute in the media as to the origin of the name “Hutaree.” One source believes it may originate from the word “Hutriel,” which translates to “rod of God.” Hutriel is one of the seven angels of punishment and helps in the “punishment of the 10 nations,” according to tradition. (Basil and Spice (.com) 4/6/2010) They label the police “the Brotherhood.” According to the Michigan Hutaree theology, which they call “the doctrine of the Hutaree,” former NATO Secretary-General Javier Solana is the Antichrist. The Hutaree’s exalted commander is called a “radok”; deputies and lieutenants are known as “boromanders” and “zulifs.” (Isikoff and Hosenball 4/12/2010) Stone’s ex-fiancee, Andrea March, recalls Stone as a “Ron Paul fanatic,” referring to Ron Paul (R-TX) the libertarian House member whom many see as an ideological “father” of many “tea party” organizations. Appearing on Fox News, March tells an interviewer that Stone is a fanatical Paul supporter who feared that President Obama intended to take away his guns. “When Obama took the presidency is when he lost it because he was a Ron Paul fanatic,” she says. Asked what Paul has to do with Stone’s thinking and actions, she replies: “To tell you the truth I don’t know. I never really understood why Ron Paul was so much different, but [Stone] thought he could get away with anything and he wanted more freedoms than what he had and he was trying to do it through the violence.… [H]e clearly believed in guns and having them and he didn’t think. He didn’t want to have a driver’s license, he didn’t want to fill out any census papers. He wanted to own guns unregistered.” (Amato 3/30/2010)
Leader, Group Well Known for Violent Expressions - The group leader, Stone, is called “Captain Hutaree” by his colleagues, or, cryptically, “RD.” The indictment names Stone as the “principal leader” of the organization. According to media reports, Stone has a strong affinity for the most violent of the far-right fringes of the American militia movement. His first wife, Donna Stone, tells reporters she left him because he “got carried away.” Federal authorities say that he researched how to build IEDs and roadside bombs on the Internet, and emailed diagrams of the devices to someone he believed could actually build such devices. And one neighbor, Phyllis Bruger, says she and others learned not to “mess with” Stone and his group. They liked to conduct “military exercises” and shoot guns, usually wearing camouflage outfits. “Everybody knew they were militia,” she says. Donna Stone tells reporters: “It started out as a Christian thing. You go to church. You pray. You take care of your family. I think David started to take it a little too far. He dragged a lot of people with him. When he got carried away, when he went from handguns to big guns, I was done.” Her son, Joshua Stone, who was adopted by David Stone, was arrested with David Stone after helping him gather materials necessary for making the bombs. Donna Stone adds: “He dragged a lot of innocent people down with him. It started to get worse when they were talking about the world’s gonna end in the Bible.” The indictment says, “Stone taught other Hutaree members how to make and use explosive devices intending or knowing that the information would be used to further a crime of violence.”
Too Far for Other Militia Groups - Other militia organizations in Michigan kept their distance from the local Hutaree, says Jim Gulliksen of the Lenawee Volunteer Michigan Militia (the same group that Servino founded and that informed police of the Hutaree plot). “I’ve met him,” Gulliksen says. “He’s an opinionated man who likes to share those opinions. The Hutaree is a nationwide group, but I have met a couple of the members here, and I can say they all belong to one specific church. Our concern is the protection of our nation. Religion appears to be a big part of what they are doing.” Heidi Beirich of the Southern Poverty Law Center says the SPLC is aware of two Hutaree chapters, one in Utah and Stone’s chapter in Michigan. She notes Hutaree has more than 350 friends on its MySpace page, dozens of whom are members of other militias, and says that Stone was planning to attend a summit in Kentucky with other militias next month. “Hutaree is not an isolated crew,” she notes. Beinrich says that Stone and his colleagues see “the end of times” occurring today: “They have extreme antigovernment beliefs. They have rage and hatred for the federal government. They fear being put in FEMA concentration camps. They’re really paramilitary organizations.” (Buchanan 3/29/2010) William Flatt, a founder of the Indiana Militia, is also aware of Stone and the Hutaree. He is not surprised at the arrests. “We had a strong suspicion that groups like this would be getting some rather substantial bad press fairly quickly,” Flatt tells a reporter. Flatt says that unlike the Hutaree, his and most militia groups support and defend the US Constitution. “The whole militia movement is supposed to be a goal-line defense against tyranny,” Flatt says. “If all else fails, the people still have the means to shoehorn [the government] back into the constitutional mold.” The Michigan Hutaree’s plans to kill police officers, Flatt says, is abhorrent to his group, and he warns that it is a mistake to lump all American militias in with extremist, violent groups such as Stone’s. Flatt disliked Stone’s views, which he says focus on his interpretation of Christianity and also express bigotry against others. However, he is skeptical of the charges against some of Stone’s followers. “The charges they’re putting out there, it only ends one way,” he says. “You might as well put yourself in the Alamo; nobody wants to do that.” (Indiana Post-Tribune 4/4/2010) Arena says that while Stone’s group might have considered itself a part of a larger, sympathetic coterie of like-minded organizations, it was mistaken. “These guys may have felt in their mind that they were a part of this brotherhood,” he says. “The reality is I don’t think they’ve got a whole lot of support.” (Householder 4/2/2010)
Lawyer Insists No Crime Committed - Stone’s lawyer, William Swor, says there is no evidence the group ever took steps to implement any of the alleged plots. Instead, he says, the group is being persecuted over the exercise of constitutionally protected speech. “This is still America and people can say whatever they want,” he says. (Isikoff and Hosenball 4/12/2010)
A US District Court judge awards damages in a lawsuit, finding the NSA illegally monitored the calls of the plaintiffs. The Al Haramain Islamic Foundation and two of its lawyers, Wendell Belew and Asim Ghafoor, sued the US government in 2006 based on evidence that their calls had been monitored; the US Treasury Department inadvertently provided them with an NSA log in August 2004 showing their calls had been monitored in May of that year (see February 28, 2006). In defending against the suit, the Justice Department argued, first under President Bush and then under President Obama, that the case should be dismissed based on the government’s invocation of the state secrets privilege (see March 9, 1953) concerning the NSA log, and that the plaintiffs could not otherwise demonstrate that surveillance had occurred, meaning the plaintiffs had no standing to bring suit. Judge Vaughn Walker rejected these arguments, noting that the plaintiffs had introduced into evidence a speech posted on FBI’s Web site by FBI Deputy Director John Pistole to the American Bankers Association (ABA), in which he said that surveillance had been used to develop a case by the Office of Foreign Assets Control (OFAC) against Al-Haramain, and Congressional testimony by Bush administration officials that disclosed the manner in which electronic surveillance was conducted. In the summary of his decision, Vaughn wrote, “[The Foreign Intelligence Surveillance Act] FISA takes precedence over the state secrets privilege in this case,” and “defendants have failed to meet their burden to [provide] evidence that a FISA warrant was obtained, that plaintiffs were not surveilled or that the surveillance was otherwise lawful.” (Al-Haramain v. Obama 3/31/2010; Washington Post 4/1/2010, pp. A04)
Erlyndon Joseph Lo, a law school graduate living in Plano, Texas, is arrested and charged with threatening to use deadly force against a Dallas women’s clinic. He faces up to six years in prison if convicted. The day before, Lo went to the Plano federal courthouse and filed a document affirming that at noon that day he planned to go to the Southwestern Women’s Surgery Center in Dallas and “use deadly force to defend the innocent life of another human being.” His filing reads in part (all emphases in the original): “My life is at stake. I could be MURDERED AND KILLED as early as Friday, April 2, 2010 at 12:00 p.m. NOON in Dallas, Texas (‘TX’) if you do not IMMEDIATELY GRANT MY REQUEST for in the very least a TEMPORARY RESTRAINING ORDER!!! I plan on saving at least one human life in Dallas, Texas at 12:00 p.m. at the Southwestern late-term abortion facility, 8616 Greenville Ave. at Royal Ln. (NE corner), Dallas 75243. My religious beliefs include the beliefs that an individual is alive at the moment of conception, abortion is murder and is the worst murder of all murders possible because these babies are completely defenseless, and I am entitled under my religious beliefs to use deadly force if necessary to save the innocent life of another.… I will try to stop an abortion using oral words, and if words are not enough. I will use physical force if necessary, and if anyone tries to physically stop me, I will overcome that force, and if I must use deadly force to defend the innocent life of another human being, I will.” In essence, Lo attempted to secure a restraining order to prevent law enforcement officers from interfering with his use of violence against clinic workers. Instead of issuing the order, court officials informed the FBI and Lo is quickly arrested. Dallas FBI spokesman Mark White says: “We won’t tolerate threats to clinics. We acted swiftly to ensure that no one was injured and that no act of violence actually did take place.” FBI agents say that, sometime in mid-March, a man matching Lo’s description went to the same clinic demanding to know if his wife had had an abortion there; clinic officials refused to divulge any such information. On March 18, Lo sued Chief Justice John Roberts, in a filing written in his own handwriting and naming himself as his own lawyer, demanding that Roberts order the Supreme Court to immediately stop all abortions throughout the nation. (Federal Bureau of Investigation 4/5/2010; Trahan 4/6/2010) (Lo also asks for ”$999 trillion in damages” and $1,000 an hour for his attorney’s fees.) (Kashmir Hill 4/6/2010) The FBI notes that during his visits to the clerk of court’s office, “Lo exhibited erratic behavior, including raising his voice at members of the clerk’s office, obsessively washing his hands in the public restroom, and sitting in a court witness room in the dark without authorization to enter the room.” On his Web site, Lo is harshly critical of abortion, predicting he will win his lawsuit against the Supreme Court, and notes that he “challenged President Barack Obama to a public debate on abortion, which he lost by not responding.” (Federal Bureau of Investigation 4/5/2010; Trahan 4/6/2010) Author and filmmaker Roxann MtJoy, writing for the progressive Women’s Rights blog, observes: “Anti-choicers, in general, do not scare me. While I may passionately disagree with their ideology and often their tactics, they are more irritating than anything else. Lo, however, scares me. He scares me because he believes, much like Scott Roeder (see May 31, 2009), that his opinion justifies violence. He believes he has the moral authority to kill those who stand in opposition to him.” (MtJoy 4/13/2010)
Darren Huff, a former US Navy officer from Georgia who belongs to a far-right militia group called the “Oath Keepers” (see March 9, 2009 and March 2010), drives to Madisonville, Tennessee, as part of a group of militia members with the intention of “tak[ing] over” the Madisonville courthouse and freeing Walter Fitzpatrick, who was jailed when he tried to enforce a “citizen’s arrest” on a judicial official for failing to convene an investigation into President Obama’s citizenship (see April 1-5, 2010). The Oath Keepers are a group of former military and law enforcement officials who often advise current military and law enforcement personnel not to obey orders from higher authorities on the grounds that those orders do not satisfy constitutional mandates. Huff drives to Tennessee with a Colt .45 and an AK-47, but is intercepted by state troopers acting on an alert from the FBI. The troopers tell reporters that Huff acknowledges being armed, and states his intention to go to the Madisonville courthouse, take over the facility, and arrest county officials, whom he calls “domestic enemies of the United States engaged in treason,” and turn them over to the state police. According to a witness interviewed by the FBI, Huff is only one member of “eight or nine militia groups” whose intent is to go to Madisonville to “take over the city.” The witness, a bank manager, says Huff told him he’d see Huff’s actions on the news. Madisonville law enforcement officials report witnessing numerous individuals carrying both openly displayed and concealed firearms in the area around the courthouse. The troopers permit Huff to proceed to the courthouse, though Huff attempts no arrests and no violence ensues. The next day, Huff tells a radio audience that his encounter with the troopers was “not entirely confrontational.… We were kind of a little bit more on a friendly level, even some Christian conversation came in, which I was glad for.” He tells his listeners that he showed great restraint by not performing a citizen’s arrest on the troopers, and adds that because the first attempt to free Fitzpatrick was unsuccessful, he and other militia members intend to mount a second “rescue effort” within one to two weeks. Instead, Huff is arrested by the FBI, who listened to the broadcast and determined that he has the means and the intent to cause violence. Carl Swensson, who like Fitzpatrick is a member of the right-wing, anti-government group “American Grand Jury” (AGJ), recounts the entire series of incidents on his Web site, and demands others get involved “to help the citizen’s [sic] of the United States regain our Constitutional Republic by peaceful means.” (WBIR-TV 5/4/2010; Roth 5/6/2010; Neiwert 5/6/2010)
Agents from the FBI’s Oakland Field Office tell Adrian Lamo, a source working for the FBI, that Wilileaks leaker Bradley Manning was arrested yesterday in Iraq (see May 26, 2010). Manning and Lamo seem to have some sort of relationship and, after becoming aware of Manning’s leaks, Lamo had reported this to the FBI, which meets him for a second time on this day to discuss Manning. (Poulsen and Zetter 6/6/2010)
The FBI arrests anti-abortion activist Justin Carl Moose and charges him with describing how to make explosives in an attempt to bomb an abortion clinic. Moose, an unemployed father of three, lives in Concord, North Carolina, just outside Charlotte; he posted the information on his Facebook page. Moose calls himself an “extremist,” a “radical,” and the “Christian counterpart of Osama bin Laden,” according to FBI agents, and labels himself a member of the violent anti-abortion group Army of God (AOG—see 1982). The FBI became aware of Moose after being alerted to his Facebook postings by pro-choice organization Planned Parenthood, which told the agency it worried that Moose was advocating extreme violence against abortion providers. The FBI began monitoring the page, and last week read of Moose’s collaboration with an FBI informant to bomb a clinic in North Carolina. Moose faces up to 20 years in prison if convicted on federal charges of distribution of information relating to explosives. Moose’s Facebook page also rails against abortion doctors, President Obama’s health care reform plan, and reports of a mosque to be built near the site of the World Trade Center. Moose also wrote several posts in support of those who have killed abortion providers in the past. “Whatever you may think about me, you’re probably right,” he wrote. “Extremist, Radical, Fundamentalist…? Yep! Terrorist…? Well, I prefer the term ‘freedom Fighter.’”
Facebook Postings since March 2010 - In March 2010, after Congress voted to pass health care legislation, Moose wrote: “The Death Care Bill passed last night. Keep your phone and rifle close and wait.” In May 2010, he wrote, “There are few problems in life that can’t be solved with the proper application of high explosives :)” In July 2010, he wrote: “If a mosque is built on ground zero, it will be removed. Oklahoma City style. Tim’s not the only man out there that knows how to do it.” Moose was referring to Timothy McVeigh, the person responsible for destroying a federal building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). Other posts included the phrases, “Save a life, shoot an abortionist”; “Make a bomb and light the fuse, another Hero in the news. The monster dead, with hole in head. His end was made and babies were saved”; and: “Calling all Tim McVeighs and Eric Rudolphs (see January 29, 1998)! We must take the war to the enemies of freedom and retaliate with all due force.” In August 2010, Moose posted detailed instructions for making TATP, an acronym for an explosive, such as that used by terrorists in the July 2005 London bombings (see July 7, 2005). After the FBI read those instructions, it obtained legal permission to read Moose’s private messages; one Moose posted to a fellow anti-abortion activist read: “I have learned a lot from the Muslim terrorists and I have no problems using their tactics. People say sarcastically ‘what’s the difference between a Christian terrorist and an Islamic terrorist?’ I tell them simply that I’m right and I serve a living God! THAT’S the difference.” On September 3, a confidential FBI informant told Moose in a recorded phone call that his best friend’s wife was about to have an abortion. Moose quickly responded: “Say no more. I understand and I can help.” The two men met the next day at a local restaurant, where Moose described several bombs that the confidential informant could make to destroy the abortion clinic his friend’s wife was planning to use. Moose also described what he called “surveillance tactics” to be employed against the clinic, including his recommendation to drink some beer and stagger around the clinic pretending to be drunk. On September 5, the informant told Moose he had obtained the materials to make TATP; Moose told him the process for making the explosive. The FBI arrests Moose two days later. (Portillo 9/9/2010; US Department of Justice 9/9/2010 ; McKenzie 9/19/2010)
Media Fails to Report Moose's Actions, Plans as Terrorism - The Women’s Rights blog will note “that not one major news outlet referred to this as terrorism, despite the fact that systematically using violence and harassment to prevent citizens from providing or obtaining constitutionally-protected health care literally defines the term (which even the government reluctantly recognizes).… In the news covering this particular incident, the only reference to terrorism in any mainstream story came from Moose’s direct quotes… talking about himself. Look guys, if the dude in question essentially calls himself a terrorist and you can’t bring yourselves to follow suit, you’re either the world’s crappiest journalists or way too afraid of offending people who, quite frankly, deserve to be offended.… The unwillingness to admit that terrorism knows no racial or religious bounds is not a minor, meaningless discrepancy. Words matter, and our refusal to decry violent Christian and/or anti choice terrorism with the same fury we typically reserve only for Islamic fundamentalists both exemplifies and contributes to a culture where racism, religious discrimination, and violence against women and women’s rights is tolerated. It’s completely and totally unacceptable.” (McKenzie 9/19/2010)
Florida pastor Terry Jones, who earlier in the day announced that he would “never” burn a Koran as he has previously threatened (see September 9-10, 2010), issues a new set of demands from his Gainesville church, the Dove World Outreach Center. He has announced his intention to meet with New York imam Feisal Abdul Rauf, in an attempt to dissuade Rauf and his colleagues from building the Cordoba Center, a Muslim community center and mosque, a few blocks away from “Ground Zero,” the site of the fallen World Trade Center. (The Cordoba Center will later be renamed Park51.) Jones, accompanied by Houston evangelist K.A. Paul, announces that he will give Rauf two hours to answer his questions about relocating the Cordoba Center to a different location. “This challenge goes to the imam in New York,” Jones says at a hastily called press conference. “We would like to make an announcement to give a challenge to the imam in New York.” Paul, the head of the evangelical Global Peace Initiative, says: “[T]here is a confusion going on. We want to clear that confusion to find out if he has agreed to move the mosque from Ground Zero.” Neither Jones nor Paul indicate what, if anything, they will do if they do not hear from Rauf. Rauf does not contact the two and Paul says in response: “The last two days I have been in much prayer with Pastor Terry Jones. I asked the pastor not to burn the Korans, and I ask the imam not to build the mosque at Ground Zero. The pastor has agreed in principle” not to burn the Korans. Paul confirms that Jones will not burn a Koran as he had originally planned. Jones’s son Luke Jones, a youth pastor at their church, tells reporters that Paul is only speaking for himself. “There will be no Koran-burning tomorrow,” he says. “I can’t speak for the future.” Jones did not make a meeting with Rauf a condition of not burning a Koran during a morning interview on NBC, but said then that “God is telling us to stop.” Luke Jones and assistant pastors Wayne Sapp and Stephanie Sapp appear at the press conference wearing sidearms. Luke Jones says they are armed to defend themselves from people who have issued death threats: “The FBI’s been here four times. They told us the threats are very severe and we need to take them very seriously.” After the press conference, the Westboro Baptist Church of Topeka, which routinely conducts anti-gay protests at the funerals of US servicemembers (see October 14, 1998), says it now plans to hold a burning of both a Koran and a US flag. (Copeland and Hampson 9/10/2010) Jones has also received calls from Defense Secretary Robert Gates and General David Petraeus, commander of US forces in the Middle East, warning him that to burn the Koran would endanger US troops in combat zones in Afghanistan and Iraq (see September 6, 2010 and September 9, 2010). (Peter 4/1/2011) Jones will later blame Rauf’s failure to meet with him as the reason for his decision to go ahead and burn a Koran (see March 20, 2011). (Daily Mail 4/2/2011)
Two Shenandoah, Pennsylvania, teenagers, Brandon Piekarsky and Derrick Donchak, are convicted of violating Luis Ramirez’s civil rights when they beat and kicked him to death in what prosecutors call a racially motivated crime (see July 12, 2008 and After). The two were acquitted of all but the lightest charges in a local trial (see May 2, 2009 and After), but a subsequent investigation by the FBI led to charges against the two teenagers and three local law enforcement officers whom the FBI says covered up the specifics of the murder (see December 15, 2009). Both teenagers face life sentences. Schuykill County District Attorney James P. Goodman took the case away from Shenandoah police officers and had his own detectives bring it to court; observers credit Goodman’s detectives with making a far stronger case against Piekarsky and Donchak than the Shenandoah police officers presented in the first trial. (Bortner 1/28/2011) After the first trial, Goodman said he thought the Shenandoah police officers had “compromised” the case from the outset. He told a CNN reporter: “They didn’t interview the perpetrators, the boys. In fact, not only did they not interview them, they picked them up, gave them rides, helped them concoct stories, brought them back, and told the boys what to say.… It’s clear they were trying to help these boys out, for whatever reason—they were football players, these police officers were trying to help these boys out and limit their involvement in the death of Luis Ramirez.” (CNN 12/17/2009) Investigators have indicated that Donchak identifies with white supremacist ideology, wearing “Border Patrol” T-shirts and listening to overtly racist music. During the trial, prosecutors played one song from Donchak’s collection, titled “The White Man Marches On,” whose lyrics glorify violence against minorities. Prosecution witness Colin Walsh told the jury: “He’d sing along with it. He really didn’t like Hispanics.” Walsh testified that he saw Piekarsky deliver the kick that resulted in Ramirez’s death. Walsh said that after the beating, Piekarsky boasted to him that “he kicked the guy so hard his shoes flew off.” Eyewitness Victor Garcia testified that instead of going after Piekarsky, Donchak, and the other teenagers, who fled the scene after beating and kicking Ramirez, the police harassed him and other Hispanic witnesses. The mother of another teenager who attacked Ramirez, Brian Scully (see May 18, 2009), testified that Moyer called her in the days after the beating and told her if her son had gray-blue sneakers, to “get rid of them.” Testimony also showed that Moyer worked with Piekarsky, Walsh, and others involved in the beating to revamp the story of the beating to eliminate all references to racist comments, and to paint Ramirez as the instigator of the fight. (McDonald 10/9/2009)
A “backpack bomb” is found planted on or next to a bench near the “Unity March” planned for downtown Spokane, Washington, as part of the scheduled Martin Luther King Jr. Day festivities. Three contract workers spot the black Swiss Army-brand backpack near a bench on the southeast corner of Washington Street and Main Avenue. The backpack contains a powerful bomb. Spokane police quickly reroute the march to avoid any potential danger. A bomb squad using remote-controlled robots successfully removes the bomb without detonating it. Officials later say the bomb is a sophisticated device which is designed to be detonated remotely, using something similar to a vehicle keyless entry switch; FBI officials call the bomb a “credible threat” to passersby and parade participants. The bomb, sources say, contains gunpowder and lead pellets, apparently designed to function as shrapnel. The bomb could have inflicted heavy casualties, and was placed in a way to maximize the blast toward marchers in the street. Other sources say that the bomb maker included rat poison in the bomb; most rat poisons contain warfarin, which would have caused wounded victims to bleed heavily once struck with shrapnel. Two T-shirts are stuffed around the bomb, in an apparent attempt to conceal it. Both have ties to Stevens County; one was distributed at a 2010 “Relay for Life” event in Colville, Washington, about an hour northwest of Spokane, and another, with the words “Treasure Island Spring 2009” on the front, was from a local theater production in 2009 in the town of Chewelah. Federal officials later call the bomb a thwarted attempt at domestic terrorism. The bomb is sent for testing to an FBI forensics lab in Quantico, Virginia. The Reverend Happy Walker, a featured speaker at the Unity March, later says: “People in New York City hear about Spokane and associate us with Hayden Lake and the Aryan Nations (see Early 1970s). It just shouldn’t be that way because it’s a great place to live. We’ve still got that hate that lingers and doesn’t go away. That’s disheartening.” (Carter, Miletich, and Sullivan 3/9/2010; Kauder 1/18/2011; Clouse 3/9/2011) Two days after the bomb is found, FBI special agent Frank Harrill will tell a reporter, “Clearly the confluence of the parade route, the timing, the fact that the device was likely placed on that route roughly an hour before the parade… falls squarely within the realm of domestic terrorism.” (Slajda 1/19/2011) In March, alleged white supremacist Kevin Harpham will be arrested and charged with planting the bomb (see March 9, 2011). It is possible that Harpham may have planted the bomb in response to a call for violence from fugitive white supremacist Craig Cobb (see Around January 8, 2011).
Former Shenandoah, Pennsylvania, police chief Matthew Nestor is convicted of filing false police reports, and his former colleague William Moyer is convicted of lying to the FBI, in a case centered on the 2008 beating death of immigrant Luis Ramirez (see July 12, 2008 and After). FBI investigators determined that the beating death of Ramirez was a hate crime. Nestor, Moyer, and former police officer Jason Hayes were charged with an array of federal crimes regarding their role in covering up the specifics of the Ramirez murder by a group of local white teenagers (see December 15, 2009). Nestor is found not guilty of conspiracy, and Moyer is found not guilty of filing a false report, tampering with evidence, and tampering with a witness. Hayes is acquitted of obstruction of justice. Nestor faces up to 20 years in prison for his conviction, while Moyer faces up to 25 years. Nestor’s lawyers say they will appeal their client’s conviction, but Moyer’s lawyers say they may not. Hayes says he wants to become a police officer again. Nestor and another Shenandoah police officer, former Captain Jamie Gennarini, face unrelated charges of taking part in an extortion racket. Both Nestor and Gennarini face civil charges in the death of Hispanic resident David Vega, who died in the Shenandoah county jail; the civil charges say Nestor and Gennarini killed Vega and altered the circumstances to make his death look like a suicide. (Bortner 1/28/2011) Lisa Navarrete of the National Council of La Raza, a Hispanic civil rights group, says, “I’m disappointed that they weren’t convicted of all the charges.” The verdict “does show that these police officers did interfere in the case.” (New York Times 1/27/2011) The two teenagers accused of beating Ramirez to death were recently convicted on federal charges (see October 14, 2010).
Federal agents arrest ex-soldier Kevin William Harpham and charge him with planting a “backpack bomb” along the planned route of the Martin Luther King Jr. Day march in downtown Spokane, Washington (see January 17, 2011). Agents say that Harpham has ties to white supremacist groups; sources tell reporters that the FBI used DNA evidence and the purchases of electronic components to identify Harpham. He faces charges of attempted use of a weapon of mass destruction and possession of an unregistered explosive device, and if convicted could face life in prison. He is arrested without incident while driving near his home in rural Stevens County, northwest of Spokane and near the small town of Addy. According to information unearthed by the Southern Poverty Law Center (SPLC), an organization that monitors an array of hate groups and white supremacist organizations, in 2004 Harpham belonged to the neo-Nazi National Alliance (see 1970-1974). Former Aryan Nations leader Paul Mullet says that Harpham talked with him about joining his group in the mid-2000s, and said he had about a dozen conversations with Harpham. However, Mullet says, Harpham never joined the group. Harpham is a current member of the Vanguard News Network (VNN), a racist magazine for the National Alliance, which advocates the establishment of all-white communities. Evidence shows that Harpham has posted forum comments on VNN message boards both under his own name and apparently under the moniker “Joe Snuffy,” where he has asked about legal limits on ammunition possession and asked for help meeting local members of the American National Socialist Workers Party. In January 2011, he offered assistance to American neo-Nazi Craig Cobb, who days before the parade bombing called for his supporters to mount violent attacks (see Around January 8, 2011). SPLC director Mark Potok says, “What to me this arrest suggests is that the Martin Luther King Day attack is what it always looked like: A terror-mass murder attempt directed at black people and their sympathizers.” National Alliance chairman Erich Gliebe says Harpham is not a member of his organization, and says, “We have a zero tolerance policy regarding illegal activity and anyone committing those acts—even hinting or joking—would not be welcome in our organization.” Gliebe accuses the SPLC of trying to “smear” the National Alliance. Federal public defender Roger Peven, appointed to represent Harpham, says: “I know very little at this point. This is just the beginning of a long road.” Evidence against Harpham is scheduled to be presented to a grand jury on March 22, and if the jury indicts Harpham, he will be arraigned and a trial date set. Federal agents are in the process of searching Harpham’s trailer home; neighbors say they heard an explosion at the home, apparently set off by agents who breached Harpham’s front door. Investigators say they are not yet sure if others were involved in the attempted bombing. (Carter, Miletich, and Sullivan 3/9/2010; Clouse 3/9/2011; Lach 3/10/2011) Investigators are looking into Harpham’s alleged neo-Nazi connections, they say, but as yet have not found evidence that Harpham colluded with any such groups or their members in making the bomb. They are looking at two recent neo-Nazi events held in Couer d’Alene, Idaho, 35 miles west of Spokane, to see if Harpham may have participated in the events or has connections with the participants. Tony Stewart of the Kootenai County Task Force on Human Relations in Coeur d’Alene says that area is a “hotbed” of neo-Nazi and white supremacist activity. FBI officials are calling Harpham’s alleged bombing attempt an act of domestic terrorism. (Martinez 3/9/2011; Kauder 3/9/2011; Lach 3/10/2011)
Alleged neo-Nazi Kevin Harpham pleads not guilty to all charges of planting a bomb along the route of a Martin Luther King Jr. Day parade in Spokane (see January 17, 2011 and March 9, 2011), including pleas of not guilty to new “hate crime” charges. Harpham remains in custody without bond. The FBI says it is treating the case as a domestic terrorism incident. New indictments against Harpham charge that he attempted to use the bomb to injure or kill individuals attending the parade because of their “actual or perceived race, color, and national origin.” The bureau also accuses Harpham of seeking to use a destructive device in the furtherance of a hate crime. His trial is set for May 31. (Reuters 4/25/2011) However, it will be delayed until August 2011. (Clouse 5/21/2011)
The FBI confirms that it allowed members of the virulently anti-gay Westboro Baptist Church (WBC—see November 27, 1955 and After) to take part in training sessions normally provided to police officers and FBI agents. WBC members participated in training sessions at two Virginia FBI facilities in Quantico and Manassas. The FBI says that it will not allow WBC members to participate in future sessions. An FBI official says the bureau underestimated how strongly the public would react to the news of such participation once it was reported in the media. The bureau was trying to bring in a variety of viewpoints to the training, the official adds, saying that exposure to a wide variety of views was good for investigators in training. (Associated Press 6/29/2011)
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