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Profile: Larry D. Thompson
Positions that Larry D. Thompson has held:
Larry D. Thompson was a participant or observer in the following events:
Shortly after being appointed acting FBI director, Thomas Pickard gives his first briefing to Attorney General John Ashcroft. Deputy Attorney General Larry Thompson and Ruben Garcia, the FBI’s Assistant Director for Criminal Investigations, also attend the briefing. Pickard sends an agenda in advance, and terrorism is the first item on it, as the CIA is reporting there is an increased risk of attacks. During the briefing, Ashcroft suggests he does not know much about al-Qaeda, so Pickard fills him in. “I told him about al-Qaeda and [Osama] bin Laden, a little history about the World Trade Center bombing and East Africa,” Pickard will later say. Pickard also talks about increase in “chatter” by al-Qaeda operatives, and says this could be a sign of an upcoming attack. The speculation is it would take place in Southeast Asia or the Middle East, but other locales could not be ruled out. His terrorism briefing lasts about an hour. Although Ashcroft listens to Pickard’s explanation, he asks few questions about terrorism. He shows more interest in other items on the agenda, such as ending delays on background checks for gun buyers, which interests him because of his relationship with the National Rifle Association. [Pickard, 6/24/2004; Shenon, 2008, pp. 246-247]
Thomas Pickard. [Source: Federal Bureau of Investigation]Acting FBI Director Thomas Pickard attempts to brief Attorney General John Ashcroft on the al-Qaeda terrorist threat for a second time (see June 28, 2001), but Ashcroft is uninterested and says he does not want to hear about it, according to Pickard’s later account.
'I Don't Want to Hear about It Anymore' - According to a June 24, 2004 letter from Pickard to the 9/11 Commission, Pickard opens the briefing by discussing “counterintelligence and counterterrorism matters.” Pickard’s letter will go on to say: “The fourth item I discussed was the continuing high level of ‘chatter’ by al-Qaeda members. The AG [attorney general] told me, ‘I don’t want to hear about it anymore, there’s nothing I can do about it.’ For a few seconds, I did not know what to say, then I replied that he should meet with the director of the CIA to get a fuller briefing on the matter.… I resumed my agenda but I was upset about [Ashcroft’s] lack of interest. He did not tell me nor did I learn until April 2004 that the CIA briefed him on the increase in chatter and level of threat on July 5, 2001” (see July 5, 2001 and July 11-17, 2001). [Pickard, 6/24/2004] In testimony under oath to the 9/11 Commission in 2004, Pickard will affirm that, “at least on two occasions” he briefed Ashcroft on a rising threat level and concerns about an impending attack, which were being reported by the CIA. Commissioner Richard Ben-Veniste will ask Pickard if he has told Commission staff that Ashcroft “did not want to hear about this anymore,” to which Pickard will respond, “That is correct.” [9/11 Commission, 4/13/2004 ] According to Pickard’s later recollection: “Before September 11th, I couldn’t get half an hour on terrorism with Ashcroft. He was only interested in three things: guns, drugs, and civil rights.” [Miller, Stone, and Mitchell, 2002, pp. 293]
Differing Accounts of What Was Said at the Meeting - According to the 9/11 Commission’s June 3, 2004 record of its interview with Watson, “Pickard told Watson that he was briefing Ashcroft on counterterrorism, and Ashcroft told him that he didn’t want to hear ‘anything about these threats,’ and that ‘nothing ever happened.’” [9/11 Commission, 6/3/2004 ] Author Philip Shenon will write about this meeting in his 2008 book, The Commission, based on interviews with Pickard and “Commission investigators who researched his allegations,” but none of the quotes or representations of fact in Shenon’s text will cite a specific source. Shenon will make reference to Mark Jacobson and Caroline Barnes as being the 9/11 Commission staffers who interviewed Pickard. [Shenon, 2008, pp. 240-248, 433] According to Shenon’s version of the meeting, Ashcroft replies to Pickard: “I don’t want you to ever talk to me about al-Qaeda, about these threats. I don’t want to hear about al-Qaeda anymore.” [Shenon, 2008, pp. 247] Ashcroft, in testimony under oath to the 9/11 Commission, will dismiss Pickard’s allegation, saying, “I did never speak to him saying that I did not want to hear about terrorism.” [9/11 Commission, 4/13/2004 ] Pickard will respond to Ashcroft’s testimony in his 2004 letter, saying, “What [Ashcroft] stated to the Commission under oath is correct, but they did not ask him, ‘Did he tell me he did not want to hear about the chatter and level of threat?’ which is the conversation to which I testified under oath.” [Pickard, 6/24/2004] The deputy attorney general at the time of the meeting, Larry D. Thompson, and Ashcroft’s chief of staff, David T. Ayres, will sign a letter to the 9/11 Commission on July 12, 2004, in which they say they are responding to Pickard’s allegation that when he briefed Ashcroft “on the al-Qaeda threat prior to September 11, 2001, the attorney general responded that he did not want to hear such information anymore.” The letter will say Thompson and Ayres were present at that and the other regular meetings between Pickard and Ashcroft, and “the attorney general made no such statement in that or any other meeting.” [Ayres, 7/12/2004] The 9/11 Commission Report will conclude, “We cannot resolve this dispute.” [Commission, 2004]
Differing Accounts of Who Was at the Meeting - Pickard’s 2004 letter will state that Ayres is at the meeting, but has left the room prior to that part of the meeting, as he does not have the required level of security clearance. Pickard’s letter indicated that the FBI Assistant Director for Criminal Investigations, Ruben Garcia, is at the meeting and also witnesses the exchange. [Pickard, 6/24/2004] Shenon’s book puts Garcia at the meeting, but does not make reference to Garcia’s account of what is said there. Also, in the notes to Shenon’s book, it will not say that he interviewed Garcia. [Shenon, 2008, pp. 247-248, 433] According to a June 22, 2004 NBC News report: “Commission investigators also tracked down another FBI witness at the meeting that day, Ruben Garcia… Several sources familiar with the investigation say Garcia confirmed to the Commission that Ashcroft did indeed dismiss Pickard’s warnings about al-Qaeda.” Furthermore, “Pickard did brief Ashcroft on terrorism four more times that summer, but sources say the acting FBI director never mentioned the word al-Qaeda again in Ashcroft’s presence—until after Sept. 11.” [MSNBC, 6/22/2004] According to the 9/11 Commission Report, “Ruben Garcia… attended some of Pickard’s briefings of the attorney general but not the one at which Pickard alleges Ashcroft made the statement.” [Commission, 2004, pp. 536n52]
Ashcroft Denies FBI Requests and Appeals, Cuts Counterterrorism Funding - Following the meeting, on July 18, Ashcroft will reject the FBI’s request for an increase in funding for counterterrorism, and instead propose cuts to that division (see July 18, 2001). Pickard will appeal this decision; Ashcroft will reject the appeal on September 10, 2001 (see September 10, 2001). [9/11 Commission, 4/13/2004]
Entity Tags: Larry D. Thompson, John Ashcroft, Mark Jacobson, Thomas Pickard, David Ayres, Dale Watson, 9/11 Commission, Caroline Barnes, Central Intelligence Agency, Philip Shenon, Al-Qaeda, Ruben Garcia
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Larry D. Thompson. [Source: National Journal]In later testimony before the 9/11 Commission, Attorney General John Ashcroft will complain, “[T]he single greatest structural cause for September 11 was the wall that segregated criminal investigators and intelligence agents.” However, on this day, Ashcroft’s Assistant Attorney General, Larry Thompson, writes a memo reaffirming the policy that is later criticized as this “wall.” [9/11 Commission, 12/8/2003; Washington Post, 4/18/2004]
Around this time, according to his own account, counterterrorism “tsar” Richard Clarke reaches the Secure Video Conferencing Center just off the main floor of the Situation Room in the West Wing of the White House. From there, he directs the response to the 9/11 attacks and stays in contact with other top officials through video links. Clarke claims that on video he can see Defense Secretary Donald Rumsfeld, CIA Director George Tenet, FBI Director Robert Mueller, FAA Administrator Jane Garvey, Deputy Attorney General Larry Thompson (filling in for the traveling Attorney General John Ashcroft), Deputy Secretary of State Richard Armitage (filling in for the traveling Secretary of State Colin Powell), and Vice Chairman of the Joint Chiefs of Staff Richard Myers (filling in for the traveling Chairman Henry Shelton). National Security Adviser Condoleezza Rice is with Clarke, but she lets him run the crisis response, deferring to his longer experience on terrorism matters. Clarke is also told by an aide, “We’re on the line with NORAD, on an air threat conference call.” [Clarke, 2004, pp. 2-4; Australian, 3/27/2004] According to the 9/11 Commission, logs indicate that Clarke’s video teleconference only begins at 9:25 a.m. (see 9:25 a.m. September 11, 2001), which is later than Clarke suggests, and CIA and FAA representatives only join it at 9:40 a.m. [9/11 Commission, 7/24/2004, pp. 36 and 462] Other accounts claim that, rather than being involved in Clarke’s teleconference at this time, Donald Rumsfeld is still in his office waiting for his intelligence briefing (see (Shortly After 9:03 a.m.) September 11, 2001), and Richard Myers is in a meeting on Capitol Hill (see (Shortly After 9:03 a.m.) September 11, 2001). [Armed Forces Radio And Television Service, 10/17/2001; Clarke, 2006, pp. 218-219] The 9/11 Commission claims that, “While important,” Clarke’s conference has “no immediate effect on the emergency defense efforts.” [9/11 Commission, 6/17/2004] Yet, as the Washington Post puts it, “everyone seems to agree” Clarke is the chief crisis manager on 9/11. [Washington Post, 3/28/2004] Even Clarke’s later opponent, National Security Adviser Rice, calls him 9/11’s “crisis management guy.” [United Press International, 4/9/2004] The conference is where the government’s emergency defense efforts are concentrated.
Entity Tags: Larry D. Thompson, North American Aerospace Defense Command, Richard B. Myers, Richard Armitage, John Ashcroft, Robert S. Mueller III, Richard A. Clarke, Henry Hugh Shelton, Jane Garvey, Donald Rumsfeld, 9/11 Commission, George J. Tenet, Colin Powell, Condoleezza Rice
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
Timothy Flanigan. [Source: C-SPAN]Timothy Flanigan, the deputy White House counsel, talks on the phone with Deputy Attorney General Larry Thompson and is told what the Justice Department currently knows about the crashes at the World Trade Center, but he is surprised to hear that the FBI is treating them as crimes, rather than acts of war. Deputy National Security Adviser Stephen Hadley has just come into the White House Situation Room (see (9:15 a.m.) September 11, 2001). Wanting to learn more about the crashes in New York, he instructs Flanigan to contact the Justice Department and find out what it knows. “We need everything they’ve got,” he says. Flanigan picks up a phone and calls the Justice Department’s command center. His call is answered by a retired FBI agent who helps run the center. Flanigan introduces himself and says, “I need to speak to the deputy attorney general right away.” (Attorney General John Ashcroft is currently away from Washington, DC (see Shortly After 9:03 a.m. September 11, 2001), and so Thompson, his deputy, is filling in for him.) Flanigan’s call is forwarded to the Strategic Information and Operations Center (SIOC) at FBI headquarters. [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 23-25] Thompson was in the Justice Department’s command center earlier on, but left there in response to the attacks on the WTC. [Washingtonian, 6/8/2011] He has just entered the SIOC and is told that someone in the Situation Room wants to talk to him. He picks up a phone and hears Flanigan’s voice. “Larry, it’s Tim,” Flanigan says, adding: “I need information. People are starving for it here. Tell me whatever you have.” Thompson tells Flanigan to hold on while he finds out. He turns to FBI Director Robert Mueller, who has been monitoring the information about the attacks that is being gathered by FBI agents in New York, and says, “The White House wants an update on what we’ve got.” Mueller tells him everything is in motion and criminal investigators are already at the attack site. Thompson then gets back on the phone with Flanigan and says, “The FBI is on the scene and they’re treating it as a crime scene.” As he glances at the coverage from New York on television, however, Flanigan is surprised that the FBI is treating the crashes as crimes, rather than acts of war. “We have no information about possible perpetrators and no info about casualties at this point,” Thompson adds. Flanigan thanks him for the information and ends the call. He then turns to Hadley. He is about to tell the deputy national security adviser that the FBI is treating the WTC as a crime scene but then stops himself. “That was my moment of realization that this was not a crime scene,” he will later recall. He therefore simply tells Hadley, “The FBI’s there and we’ll be getting reports from the scene.” [C-SPAN, 2/28/2009; Eichenwald, 2012, pp. 24-25]
The FBI’s Strategic Information and Operations Center. [Source: FBI]Attorney General John Ashcroft spends most of the rest of the day at the FBI’s Strategic Information and Operations Center (SIOC), after arriving there in the early afternoon (see (Between 1:00 p.m. and 2:00 p.m.) September 11, 2001). [9/11 Commission, 12/17/2003 ; Ashcroft, 2006, pp. 129] The SIOC, which is located on the fifth floor of the FBI’s headquarters in Washington, DC, functions as a 24-hour watch post and crisis management center. The huge, windowless center can seat 380 people, and is equipped with sophisticated computers and communications equipment. [CNN, 11/20/1998; Federal Bureau of Investigation, 1/18/2004]
FBI Director Briefs Ashcroft - Ashcroft will later recall that when he arrives at the SIOC, the place is “teeming with people, abuzz with activity, voices and papers everywhere, with dozens of people coming in and out with bits and pieces of new information moment by moment.” Numerous rows of computer screens are “filled with data, and eight large video display screens were being monitored constantly.” Ashcroft is met by FBI Director Robert Mueller, who briefs him on what is so far known regarding the terrorist attacks.
Priority Is to Clear the Skies - During his initial period at the SIOC, Ashcroft will recall, the “overriding priority” is to make sure all commercial aircraft are on the ground. There are also concerns about some planes that have landed and individuals on them who might have been hijackers, and concerns about securing airports so that flights can get up and running again as soon as possible. [9/11 Commission, 12/17/2003 ; Ashcroft, 2006, pp. 120-121]
SIOC Is 'the Place to Be to Get Information' - Most of the leading Justice Department and FBI officials remain at the SIOC throughout the day. Other officials in the center along with Ashcroft and Mueller include Deputy Attorney General Larry Thompson, Assistant Attorney General Michael Chertoff, and Immigration and Naturalization Service Commissioner James Ziglar. [Los Angeles Times, 9/12/2001; US Department of Justice, 9/12/2001] According to Ashcroft, the SIOC is “the place to be to get information, and so everyone wanted to be there.” [9/11 Commission, 12/17/2003 ] Ashcroft will later recall, “I spent the hours, days, and most of the first weeks, months, after the attack on the United States in the [SIOC].” He will add, “That day, in those early hours, the prevention of terrorist attacks became the central goal of the law enforcement and national security mission of the Federal Bureau of Investigation.” [CNN, 5/30/2002]
White House lawyers have become impatient with the interagency group’s (see Shortly Before September 23, 2001) less than full endorsement of the use of military commissions to try suspected terrorists. By late October, Timothy E. Flanigan takes the task of designing a strategy for prosecuting terrorists away from the group and proceeds to focus on military commissions as the only preferable option. The White House lawyers now work more in secret, excluding many agencies and most of the government’s experts in military and international law, but together with the lawyers of the Office of Legal Counsel (OLC), with the intention of drafting a presidential military order. [New York Times, 10/24/2004] There is a remarkable secrecy surrounding the drafting process (see November 11-13, 2001). Both Attorney General John D. Ashcroft and his deputy, Larry D. Thompson, are closely consulted. But the head of the Justice Department’s Criminal Division, Michael Chertoff is kept out of the loop. Secretary of Defense Donald H. Rumsfeld is informed through his general counsel, William J. Haynes. Other Pentagon experts, however, are excluded. [New York Times, 10/24/2004] When the order is signed (see November 13, 2001), many express surprise. “That came like a bolt from the blue,” a former Pentagon official says. “Neither I nor anyone I knew had any insight, any advance knowledge, or any opportunity to comment on the president’s military order.” [Guardian, 6/9/2004] “I can’t tell you how compartmented things were,” retired Rear Adm. Donald J. Guter, the Navy’s Judge Advocate General, later recalls. “This was a closed administration.” [New York Times, 10/24/2004]
Thomas Wales. [Source: FBI]Newly appointed US Attorney John McKay of the Western District of Washington State (see October 24, 2001) begins investigating the murder of Thomas C. Wales, an Assistant US Attorney (AUSA) in the office. Wales, a popular AUSA and a strong advocate of gun control, was murdered three weeks before McKay took office, when someone shot and killed him through his basement window. Associate Deputy Attorney General David Margolis had recused the office from investigating the crime, because, McKay will later state, the Justice Department (DOJ) had no confidence in the prosecutor initially assigned to the case. Moreover, as the case was a likely candidate for a death penalty prosecution, he will tell a reporter that the office is recused because “[y]ou couldn’t have Tom’s friends in the office making those kinds of decisions.”
Begins Pressuring Justice Department - Shortly after taking office, McKay begins pressuring Deputy Attorney General (DAG) Larry Thompson to replace the prosecutor on the Wales case. McKay will recall having several “tense conversations” with Principal Associate Deputy Attorney General Christopher Wray concerning this issue. In March 2002, the DOJ assigns a more experienced prosecutor to the case. The DOJ sends no additional manpower to Seattle to help with the case, and initially offers a $25,000 reward for information leading to the conviction of the killer, an amount FBI Special Agent Charles Mandigo will later call “insultingly small.” (After McKay’s intervention, the DOJ later raises the reward to $1 million.) McKay later says that while he is not directly involved in the investigation, he pushed hard for the DOJ to commit more resources to the investigation, and felt it was his responsibility to act as a conduit between the Seattle FBI office and the DOJ regarding resources for the case. He will say that while he was assertive, he remained professional and appropriate in his conduct; no one in the DOJ ever complained to him about his actions, he will say. “My mistake was that I assumed ‘recusal’ was ‘recusal’,” he will say. “I had erred in assuming that I was completely recused from even asking questions about the allocation of resources. I assumed it would have the highest priority within the Department of Justice. I once worked at the FBI for a year, and during that time an agent was killed in Las Vegas. They deploy like crazy when an agent is killed. Agents got off the airplane that night from DC to investigate. The director of the FBI flew out. That was not the reaction we were getting from the Department of Justice after Tom Wales was killed. Over 2002, I decided that really it should be my job to advocate for appropriate resources to be devoted to the Wales case.”
Speculation as to Politicization of Investigation - Many involved in the investigation believe that the Wales murder is a low priority for the DOJ because his liberal politics clash with the rightward tilt of the senior officials appointed by the Bush administration.
Aggressive but Appropriate - A 2008 Justice Department investigation of the 2006 US Attorney firings (see September 29, 2008) will find no reason to dispute McKay’s recollection of events. Both Thompson and Wray will describe McKay as being aggressive about making sure the investigation has adequate resources. Thompson will recall no tension between himself and McKay, though he will recall some of his then-staff members complaining about McKay’s pressure and demands for resources. Thompson will admit to becoming irritated with McKay on occasion, but will emphasize that McKay conducted himself in an appropriate manner at all times. It was “not new in the annals of the Department of Justice [that] a DAG got aggravated with a US Attorney,” he will say. He will not recall discussing the matter with Kyle Sampson, the chief of staff to Attorney General Alberto Gonzales and the architect of the plan to fire the US Attorneys (see November 15, 2006). Wray will recall that some in the DOJ considered McKay to be “high maintenance,” in regard to the Wales investigation and with other issues. While some in the DAG’s office informally discussed McKay’s behavior among themselves, Wray will recall, no formal review of his conduct was ever undertaken. Wray will also not recall any discussions with Sampson, though he will say he kept Gonzales’s office apprised of the events surrounding the Wales investigation. Margolis will recall McKay being somewhat emotional about the Wales case and extremely pushy, he found his conduct entirely justifiable considering the situation. Margolis will say that he doubts Sampson would have listed McKay for removal because of his interactions with Thompson. [New Yorker, 8/6/2007; US Department of Justice, Office of the Inspector General, 9/29/2008]
Remains Unsolved - The Wales murder will remain unsolved. [New Yorker, 8/6/2007]
Entity Tags: D. Kyle Sampson, Bush administration (43), Alberto R. Gonzales, Christopher Wray, Charles Mandigo, US Department of Justice, Federal Bureau of Investigation, John L. McKay, Thomas C. Wales, David Margolis, Larry D. Thompson
Timeline Tags: Civil Liberties
John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel (OLC), sends a classified memo to White House counsel Alberto Gonzales. The contents of the memo will remain secret, but the American Civil Liberties Union (ACLU) will later learn that the memo is about the Geneva Conventions and is applicable to prisoners of war. Yoo’s boss, OLC head Jay Bybee, sends another secret memo about the Geneva Conventions to Deputy Attorney General Larry Thompson. [American Civil Liberties Union [PDF], 1/28/2009 ]
[Source: White House]Serious tensions develop between the FBI and Operation Greenquest investigators in the wake of the Greenquest raid on the SAAR network in March 2002 (see After March 20, 2002). The Customs Department launched Greenquest, an investigation into the financing of al-Qaeda and similar groups, weeks after 9/11. In June 2002, the Washington Post will headline an article, “Infighting Slows Hunt for Hidden al-Qaeda Assets.” [Washington Post, 6/18/2002]
FBI Wants Control of Greenquest - With the creation of the new Department of Homeland Security (see November 25, 2002), the FBI and its parent agency the Justice Department are given a chance to gain total control over Operation Greenquest. Newsweek reports, “Internally, FBI officials have derided Greenquest agents as a bunch of ‘cowboys’ whose actions have undermined more important, long-range FBI investigations into terrorist financing.” Meanwhile: “The FBI-Justice move, pushed by [Justice Department] Criminal Division chief Michael Chertoff and Deputy Attorney General Larry Thompson, has enraged Homeland Security officials.… They accuse the [FBI] of sabotaging Greenquest investigations—by failing to turn over critical information to their agents—and trying to obscure a decade-long record of lethargy in which FBI offices failed to aggressively pursue terror-finance cases. ‘They [the FBI] won’t share anything with us,’ [says] a Homeland Security official. ‘Then they go to the White House and they accuse us of not sharing. If they can’t take it over, they want to kill it.’”
Derails Greenquest's Investigation into Firm with Terrorist Ties - This battle has a large effect on the investigation into Ptech, a Boston-based computer company with ties to suspected terrorist financiers. When Ptech whistleblowers approach the FBI, the FBI “apparently [does] little or nothing in response” (see Shortly After October 12, 2001 and May-December 5, 2002). Then Greenquest launches an investigation in Ptech, which culminates in a raid on the Ptech offices in December 2002 (see December 5, 2002). “After getting wind of the Greenquest probe, the FBI stepped in and unsuccessfully tried to take control of the case. The result, sources say, has been something of a train wreck.” [Newsweek, 4/9/2003]
Greenquest Based on Single FBI Agent's Investigations - Greenquest appears to have been heavily based on the pre-9/11 investigations of FBI agent Robert Wright. The New York Post will report in 2004: “After 9/11, Wright’s work was picked up by David Kane of the US Customs Service, who raided companies owned by [Yassin] al-Qadi, leading to al-Qadi’s designation as a ‘global terrorist’ and to money-laundering indictments of companies in Northern Virginia linked to al-Qadi and Soliman Biheiri (another Wright investigatee). The [Greenquest] indictments rely heavily on Wright’s work.” [New York Post, 7/14/2004]
FBI Will Win Battle for Greenquest - The FBI will eventually win the battle with Homeland Security and Customs, and Greenquest will cease to exist at the end of June 2003 (see May 13-June 30, 2003). [Newsweek, 4/9/2003]
Deputy Attorney General Larry Thompson, in his capacity as acting attorney general, signs an order to transfer Maher Arar from the US to Syria, stating, according to officials speaking on condition of anonymity, that sending him to Canada would be “prejudicial to the interests of the United States.” Arar has dual Canadian and Syrian citizenship and has expressed his fear of being tortured once extradited to Syria. One year later, Imad Moustafa, Syria’s charge d’affaires in Washington says Syria had no reason to detain Arar, but that his country has agreed to take him as a favor to the US and to win its goodwill. He also says US intelligence officials have told their Syrian counterparts that Arar is a member of al-Qaeda. [Washington Post, 11/19/2003]
The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]
Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
After senior Justice Department officials object to the possible illegality of the National Security Agency’s secret domestic surveillance program, and refuse to sign off on its continued use, the program is suspended for several months while Justice Department officials conduct a secret audit of the program. Attorney General John Ashcroft will recertify the program at the end of the month (see Late March, 2004). The suspension is prompted by acting Attorney General James Comey’s refusal to approve the program when it comes up for its regular 45-day review, and a subsequent late-night hospital visit by White House officials Andrew Card and Alberto Gonzales to the hospital room of Attorney General John Ashcroft, where they unsuccessfully attempt to pressure Ashcroft, recuperating from surgery, to overrule Comey and approve the program (see March 10-12, 2004). Bush himself has personally reauthorized the program over 30 times since its inception after the 9/11 attacks (see Early 2002), and reauthorizes it himself after Comey and Ashcroft refuse to give it their approval. This reauthorization prompts a threat of mass resignations by Justice Department officials unless the program is brought under increased oversight. Bush will allow the Justice Department to recommend changes to the program, though those changes have never been made public. The Justice Department audits a selection of cases to see how the NSA is running the program, scrutinizing how NSA officials determine that they have probable cause to wiretap US citizens’ phones and e-mail accounts. The results of that audit have not been made public. When the program was first authorized by Bush’s executive order in early 2002, it was so secret that then-Deputy Attorney General Larry Thompson, who was active in most of the government’s most highly classified counterterrorism operations, was not given access to the program. That decision, among other elements of the program, led many Justice Department officials to worry that the program was operating outside of the Constitution and without proper oversight. Comey, Thompson’s successor, was eventually given authorization to take part in the program and to review intelligence data produced by it. Justice Department officials say that Comey takes part in overseeing the reforms that are put into place during the current audit. However, those reforms do not restrict the NSA’s authority to independently choose its eavesdropping targets, and NSA shift supervisors have the authority to decide for themselves whether there is enough evidence against a US citizen to warrant a secret wiretap. No one at the Justice Department or in the White House needs to be consulted before a wiretap is put into place. [New York Times, 12/31/2005]
The press reports that according to a Justice Department investigation, Senator Richard Shelby (R-AL), then the ranking Republican on the Senate Intelligence Committee, leaked highly classified information to Fox News reporter Carl Cameron regarding al-Qaeda communications in the hours before 9/11 (see June 19, 2002). After Vice President Dick Cheney threatened the then-chairman of the Senate Intelligence Committee, Bob Graham (D-FL—see June 20, 2002), Graham and then-House Intelligence Committee chairman Porter Goss (R-FL) pushed for a Justice Department investigation into the leak. Though the FBI and the US Attorney’s Office conducted a probe, and even empaneled a grand jury, the Justice Department decided not to prosecute anyone, and instead turned Shelby’s name over to the Senate Ethics Committee, which will decline to pursue charges against him. Shelby states that he did not leak any classified information to anyone, and says he has never been informed of any specific allegations. The FBI demanded that 17 senators turn over phone records, appointment calendars, and schedules. One Senate Intelligence Committee staffer told the FBI that Shelby had leaked the information to show the shortcomings of the intelligence community in general and CIA Director George Tenet in particular. Though two senior Justice Department officials, then-Deputy Attorney General Larry Thompson and then-criminal division chief Michael Chertoff, refused to approve subpoenas for journalists, Cameron confirmed to FBI investigators that he was a recipient of Shelby’s leak. He also told investigators that he saw Shelby talking with CNN’s Dana Bash; after Shelby’s discussion with Bash, Cameron divulged the information Shelby had leaked to her, and CNN broadcast the story a half-hour after the conversations. Cameron told FBI agents he was irritated that Shelby had shared the same information with a competitor, and added that he delayed broadcasting the story because he wanted to ensure that he was not compromising intelligence sources and methods. Cameron was never subpoenaed and did not testify under oath. Bash refused to cooperate with the investigation. [Washington Post, 8/5/2004; National Journal, 2/15/2007]
Entity Tags: Larry D. Thompson, Dana Bash, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Federal Bureau of Investigation, George J. Tenet, Richard (“Dick”) Cheney, US Department of Justice, Michael Chertoff, Porter J. Goss, Fox News, Richard Shelby, Senate Ethics Committee, Senate Intelligence Committee
Timeline Tags: Complete 911 Timeline, Civil Liberties
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