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Profile: Richard (“Dick”) Cheney
Positions that Richard (“Dick”) Cheney has held:
- US Vice President
- CEO of Halliburton, Inc.
- Secretary of Defense
September 16, 2001
“There is—in the past, there have been some activities related to terrorism by Saddam Hussein. But at this stage, you know, the focus is over here on al-Qaida and the most recent events in New York. Saddam Hussein’s bottled up, at this point, but clearly, we continue to have a fairly tough policy where the Iraqis are concerned.”
[Meet the Press, 9/16/2001]
March 16, 2002
“I think Mr. ElBaradei, frankly, is wrong [about his conclusion that there ‘is no indication of resumed nuclear activities’ ]. And I think if you look at the track record of the International Atomic Energy Agency in this kind of issue, especially where Iraq’s concerned, they have consistently underestimated or missed what it was Saddam Hussein was doing. I don’t have any reason to believe they’re any more valid this time than they’ve been in the past…. We believe [Saddam] has, in fact, reconstituted nuclear weapons.”
[Meet the Press, 9/14/2003; New Republic, 6/30/2003 ]
August 26, 2002
“What he wants is time, and more time to husband his resources to invest in his ongoing chemical and biological weapons program, and to gain possession of nuclear weapons.”
[New York Times, 8/26/2002]
September 8, 2002
“[B]ased on intelligence that?s becoming available—some of it has been made public [referring to the recent New York Times story—… he has indeed stepped up his capacity to produce and deliver biological weapons,… he has reconstituted his nuclear program to develop a nuclear weapon,… there are efforts under way inside Iraq to significantly expand his capability.… There?s a story in The New York Times this morning… [I]t?s now public that, in fact, he has been seeking to acquire, and we have been able to intercept and prevent him from acquiring through this particular channel, the kinds of tubes that are necessary to build a centrifuge. And the centrifuge is required to take low-grade uranium and enhance it into highly enriched uranium, which is what you have to have in order to build a bomb. This is a technology he was working on back, say, before the Gulf War. And one of the reasons it?s of concern,… is… [that] we know about a particular shipment. We?ve intercepted that. We don?t know what else—what other avenues he may be taking out there, what he may have already acquired. We do know he?s had four years without any inspections at all in Iraq to develop that capability.… [W]e do know, with absolute certainty, that he [Saddam Hussein] is using his procurement system to acquire the equipment [aluminum tubes] he needs in order to enrich uranium to build a nuclear weapon.… We are trying very hard not be unilateralist, We are working to build support with the American people, with the Congress, as many have suggested we should. And we are also as many of us suggested we should, going to the United Nations, and the president will address this issue.… We would like to do it with the sanction of the international community. But the point in Iraq is this problem has to be dealt with one way or the other.”
[Washington Post, 2/7/2003; Australian Broadcasting Corporation, 10/27/2003]
December 2, 2002
“[Saddam Hussein] is pressing forward with weapons of mass destruction—weapons he’s already used in his war against Iran and against his own people…. As we destroy the terrorist networks and hunt down the killers, we must simultaneously confront the regime that is developing weapons for the sole purpose of inflicting death on a massive scale.”
[White House, 12/2/2002]
March 16, 2003
“He’s had years to get good at it and we believe he [Saddam Hussein] has, in fact, reconstituted nuclear weapons. I think Mr. ElBaradei [the director of the UN’s International Atomic Energy Agency (IAEA)] frankly is wrong.”
[Sunday Herald (Glasgow), 7/13/2003]
September 14, 2003
“With respect to 9/11, of course, we’ve had the story… the Czechs alleged that Mohamed Atta, the lead attacker, met in Prague with a senior Iraqi intelligence official five months before the attack, but we’ve never been able to develop anymore of that yet, either in terms of confirming it or discrediting it.”
[Democracy Now!, 9/16/2003; Washington Post, 9/29/2003]
January 22, 2004
“In terms of the question what is there now, we know for example that prior to our going in that he had spent time and effort acquiring mobile biological weapons labs, and we’re quite confident he did, in fact, have such a program. We’ve found a couple of semi trailers at this point which we believe were, in fact, part of that program. Now it’s not clear at this stage whether or not he used any of that to produce or whether he was simply getting ready for the next war. That, in my mind, is a serious danger in the hands of a man like Saddam Hussein, and I would deem that conclusive evidence, if you will, that he did, in fact, have programs for weapons of mass destruction.” [Los Angeles Times, 1/23/2004; Washington Post, 1/23/2004]
June 13, 2005
“Any suggestion that we did not exhaust all alternatives before we got to that point, I think, is inaccurate.”
Richard (“Dick”) Cheney was a participant or observer in the following events:
Vice President Dick Cheney calls Democratic Senate Majority Leader Tom Daschle and urges him not to launch a 9/11 inquiry. When the call is made, Howard Fineman of Newsweek is in Daschle’s office and he hears that end of the conversation, providing important independent confirmation of Daschle’s account. Author Philip Shenon will later describe Cheney’s tone as “polite but threatening,” and Cheney reportedly tells Daschle that an investigation into 9/11 would be a “very dangerous and time-consuming diversion for those of us who are on the front lines of our response today.” Cheney also says that if the Democrats push for an investigation, the White House will portray them as undermining the war on terror. Shenon will later call this “a potent political threat” the Republicans are holding over the Democrats. President Bush repeats the request on January 28, and Daschle is repeatedly pressured thereafter. [Newsweek, 2/4/2002; Shenon, 2008, pp. 29-30, 426] Cheney will later disagree with this account: “Tom’s wrong. He has, in this case, let’s say a misinterpretation.” [Reuters, 5/27/2002]
David Addington, the chief counsel for Vice President Cheney, writes that the Geneva Conventions’ “strict limits on questioning of enemy prisoners” cripple US efforts “to quickly obtain information from captured terrorists” (see January 18-25, 2002). Cheney is now grappling with the fundamental concept of how much pain and suffering US personnel can inflict on an enemy to make him divulge information. Addington worries that US personnel, including perhaps even Cheney, might someday face criminal charges of torture and abuse of prisoners. Geneva forbids not only torture but the use of “violence,” “cruel treatment” or “humiliating and degrading treatment” against a detainee “at any time and in any place whatsoever.” Such actions constitute felonies under the 1996 War Crimes Act. Addington decides that the best defense for any such charge will combine a broad presidential directive mandating general humane treatment for detainees, and an assertion of unrestricted authority to make exceptions. Bush will issue such a directive, which uses Addington’s words verbatim, two weeks later (see February 7, 2002). [Washington Post, 6/25/2007]
Vice President Cheney says, “And we want bin Laden, and I think we will get him, but I’m more concerned about disrupting all of these terrorist cells out there. Bin Laden by himself isn’t that big a threat. Bin Laden connected to this worldwide organization of terror is a threat. We’re going to go after him, but we’re also after the network.” [ABC News, 1/27/2002]
Speaking on Fox News Sunday, Vice President Dick Cheney describes the Guantanamo prisoners: “These are the worst of a very bad lot. They are very dangerous. They are devoted to killing millions of Americans, innocent Americans, if they can, and they are perfectly prepared to die in the effort. And they need to be detained, treated very cautiously, so that our people are not at risk.” [Fox News, 1/28/2002; Savage, 2007, pp. 147]
Vice President Cheney gives one of the first public indications that he and his office have a keen and active interest in expanding the power of the presidency (see January 21, 2001). Interviewed by ABC’s Cokie Roberts, Cheney openly discusses his interest in reversing the restraints placed on the presidency after Watergate and the Vietnam War. He calls the restraints “unwise compromises” that serve to “weaken the presidency and the vice presidency.” His job, he explains, is to reverse the “erosion of [presidential] powers and the ability of the president of the United States to do his job.” Cheney says he has laid out his case to President Bush, who agrees with his rationale and his agenda. “One of the things that I feel an obligation on—and I know the president does, too, because we talked about it—is to pass on our offices in better shape than we found them to our successors.” [Savage, 2007, pp. 75-76]
Vice President Dick Cheney prepares for a March trip to the Middle East. According to public statements by the Bush administration, Cheney will be conferring with Arab leaders on US Iraq policy. However, a senior Bush administration official tells the Philadelphia Inquirer: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” [Philadelphia Inquirer, 2/13/2002]
The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 ; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]
Israeli Defense Minister Benjamin Ben-Eliezer meets with US Vice President Dick Cheney and tells him that Israel is concerned that Iran, which Israel believes will have nuclear weapons by 2005, represents a greater threat to Israel than Iraq. “The danger, as I see it, is from a Hezbollah-Iran-Palestinian triangle, with Iran leading this triangle and putting together a coalition of terror,” he tells Cheney. [Ha'aretz, 2/9/2002]
Senior Bush administration officials say President Bush has decided to oust Iraqi despot Saddam Hussein from power. “This is not an argument about whether to get rid of Saddam Hussein,” one official says. “That debate is over. This is… how you do it.”
CIA, Pentagon Making Plans for Regime Change - Bush has ordered the CIA, the Pentagon, and other agencies to come up with a plan combining military, diplomatic, and covert actions to force Hussein from power. A military strike is not yet imminent, but Bush has decided that Hussein and his putative weapons of mass destruction are such a threat to US security that he must be removed from power, even if US allies do not help. The CIA has already presented Bush with a plan to destabilize Hussein’s regime, incorporating covert action campaigns, sabotage, information warfare, and stepped-up bombing runs throughout the northern and southern “no-fly” zones. Bush is reportedly enthusiastic about the plan, and the CIA has begun assigning officers to the task. Reporters Warren P. Strobel and John Walcott write: “The president’s decision has launched the United States on a course that will have major ramifications for the US military, the Middle East’s future political alignment, international oil flows, and Bush’s own war on terrorism.”
Some Allies Dubious - Allies such as Russia have already expressed grave doubts about the wisdom of such a series of actions, and military experts warn that any campaign in Iraq would be long, bloody, and difficult to bring to a satisfactory conclusion. Nevertheless, one foreign leader who recently met with Bush came away “with the feeling that a decision has been made to strike Iraq, and the ‘how’ and ‘when’ are still fluid,” according to a diplomat.
Cheney to Inform Middle Eastern Leaders of US Intentions - Vice President Cheney will soon depart for a visit to 11 Middle East nations; while the public explanation is that he wants to listen to those nations’ views on the US’s Iraq policy, in reality, Cheney will inform them that the US will overthrow the Hussein regime. One senior official says: “He’s not going to beg for support. He’s going to inform them that the president’s decision has been made and will be carried out, and if they want some input into how and when it’s carried out, now’s the time for them to speak up.” At least one Middle Eastern ally, Egypt, has reservations about such a plan. Egyptian Ambassador Nabil Fahmy said last week that Bush should keep the US focus on fighting international terrorism, where he has broad international backing. “If you mix two issues together, you will lose this focus,” he said.
Debate over Role of Chalabi, INC - There is still sharp debate within the administration over the role that Ahmed Chalabi’s Iraqi National Congress will play in the overthrow and subsequent realignment. Many neoconservatives, particularly in the offices of Vice President Cheney and Defense Secretary Donald Rumsfeld, tout Chalabi as the next leader of Iraq, but others are not sanguine about Chalabi and his organization, with CIA officials warning that the INC is riven by internal debate and undoubtedly riddled with spies from Iraq and Iran. [Knight Ridder, 2/13/2002]
Entity Tags: Warren Strobel, Saddam Hussein, Central Intelligence Agency, Bush administration (43), Ahmed Chalabi, Donald Rumsfeld, George W. Bush, Iraqi National Congress, Richard (“Dick”) Cheney, Nabil Fahmy, John Walcott, US Department of Defense
Timeline Tags: Events Leading to Iraq Invasion
The Defense Intelligence Agency (DIA) issues “a finished intelligence product” summarizing the February 5, 2002 SISMI report (see February 5, 2002). The report, entitled “Niamey Signed an Agreement to Sell 500 Tons of Uranium a Year to Baghdad,” states as irrefutable fact that Iraq intends to buy weapons-grade uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). It concludes, “Iraq probably is searching abroad for natural uranium to assist in its nuclear weapons program.” It does not comment on the credibility of the sourcing. The report is sent directly to Vice President Dick Cheney. Within hours, Cheney directs the CIA (see February 5, 2002) to investigate the claims. According to the Senate Intelligence Committee’s 2004 report on Iraqi WMD (see July 9, 2004), CIA and DIA analysts find the subsequent reports more informative and believable than the first, more sketchy reports (see February 5, 2002). The CIA’s Directorate of Operations tells one agency analyst that the report comes from a “very credible source.” Analysts with the State Department’s Bureau of Intelligence and Research (INR) continue to find the reports unconvincing. [US Congress, 7/7/2004; Unger, 2007, pp. 239] Former CIA analyst Ray McGovern will later describe Cheney’s receipt of this document as “odd.” “[I]n more than two years of briefing then-Vice President George H. W. Bush every other morning, not once did he ask a question about a DIA report or even indicate that he had read one,” McGovern will note. “That this particular report was given to Cheney almost certainly reflects the widespread practice of ‘cherry picking’ intelligence.” [AfterDowningStreet (.org), 7/25/2005]
Alan Foley, the head of the Director of Central Intelligence’s (DCI) Center for Weapons Intelligence, Nonproliferation, and Arms Control (WINPAC) completes a “senior publish when ready” report, an intelligence assessment with limited distribution, which states, “[I]nformation on the alleged uranium contract between Iraq and Niger comes exclusively from a foreign government service report (see October 15, 2001) that lacks crucial details, and we are working to clarify the information and to determine whether it can be corroborated.” The report discusses the details of a recent foreign intelligence report (see February 5, 2002) issued by the CIA Directorate of Operations and says that “some of the information in the report contradicts reporting (see November 20, 2001) from the US Embassy in Niamey, Niger. US diplomats say the French government-led consortium that operates Niger’s two uranium mines maintains complete control over uranium mining and yellowcake production.” The CIA sends a separate version of this assessment to Vice President Dick Cheney. Unlike the official version, the copy sent to Cheney names the foreign intelligence agency, which the New Yorker will later reveal is the Italian SISMI. [New Yorker, 10/27/2003; US Congress, 7/7/2004; Wilson, 2007, pp. 376-377]
Vice President Dick Cheney asks his morning intelligence briefer, CIA briefer David Terry, about the Defense Intelligence Agency’s recent analysis (see February 12, 2002) of SISMI’s February 5 report (see February 5, 2002) suggesting that Iraq attempted to purchase uranium from Niger. [Time, 7/21/2003; New Yorker, 10/27/2003; US Congress, 7/7/2004] Cheney is reportedly dissatisfied with his briefer’s initial response, and asks the agency to take another look (see Shortly after February 12, 2002). [CIA Task Sheet, 2/13/2002; New Yorker, 10/27/2003] Cheney’s questions quickly reach the desk of senior CIA case officer Valerie Plame Wilson, who accepts the suggestion of another CIA officer to send her husband, Joseph Wilson, to Niger to investigate the claims (see February 13, 2002). [Wilson, 2007, pp. 108-110]
Valerie Plame Wilson. [Source: PEP]In response to questions from Vice President Dick Cheney (see (February 13, 2002)), CIA operative Valerie Plame Wilson and officials from the CIA’s DO counterproliferation division (CPD) meet to discuss what the agency should do to determine the validity of recent Italian intelligence reports (see October 15, 2001 and February 5, 2002) alleging that Iraq had sought to purchase uranium from Niger. During the meeting, Plame Wilson suggests sending her husband, Joseph Wilson, an Africa expert and former US diplomat, to Niger to investigate the reports. [US Congress, 7/7/2004] The meeting is chronicled in an internal agency memo obtained by the Wall Street Journal in October 2003. [Wall Street Journal, 10/17/2003] Intelligence officials subsequently will not deny that Plame Wilson was involved in the decision to send Wilson to Niger, but will say she was not “responsible” for the decision. [Wall Street Journal, 10/17/2003]
CIA Alerted to Cheney's Concerns - In her 2007 book Fair Game, Plame Wilson recalls that shortly after Cheney’s initial questions, a young officer rushes into her CPD office and tells her “someone from the vice president’s office” just called the officer on her secure telephone line. The caller, apparently a member of Cheney’s staff, wants information about an intelligence report that the Italian government has passed to the US, alleging that in 1999 Iraq attempted to buy yellowcake uranium from Niger. Cheney is, according to the staffer, “interested and want[s] more information.” Plame Wilson will write, “If the report was true at all, I knew that it would be damning evidence indeed that Iraq was seeking to restart its nuclear program.”
'Nonplussed' at White House Contact - “I was momentarily nonplussed that someone from the vice president’s office had reached down into the junior working levels of the agency to discuss or find an answer to an intelligence report,” she will write. “In my experience, I had never known that to happen. There were strict protocols and procedures for funneling intelligence to policy makers or fielding their questions. Whole offices within the agency were set up and devoted to doing just that. A call to a random desk officer might get the policy maker a quick answer in the heat of the moment, but it was also a recipe for trouble. Handing a senior policy maker ‘raw’ intelligence that had not been properly vetted, placed into context, or appropriately caveated by intelligence professionals usually led to misinterpretation—at a minimum.” She adds that at the time, she is “not aware of the unprecedented number of visits the vice president had made to our headquarters to meet with analysts and look for any available evidence to support the Iraq WMD claims the administration was beginning to make.… I was still blissfully ignorant of any special visits or pressure from the administration vis-a-vis Iraq. I just wanted to get some answers.”
Decision to Ask Wilson Originates with Records Officer, Not Plame Wilson - Plame Wilson tables her concerns about the unusual contact, and begins pondering how best to find answers to Cheney’s questions. The “first and most obvious choice,” she will write, “would be to contact our [REDACTED] office in Niger and ask them to investigate these allegations using local sources available on the ground.” But the budget cuts of the mid-1990s had forced the closing of numerous CIA offices in Africa, including its station in Niamey, Niger. Plame Wilson will recall, “A midlevel reports officer who had joined the discussion in the hallway enthusiastically suggested, ‘What about talking to Joe about it?’” The reports officer is referring to Plame Wilson’s husband, former ambassador Joseph Wilson. “He knew of Joe’s history and role in the first Gulf War (see September 5, 1988 and After and September 20, 1990), his extensive experience in Africa, and also that in 1999 the CIA had sent Joe on a sensitive mission to Africa on uranium issues. Of course, none of us imagined the firestorm this sincere suggestion would ignite. At the moment, the only thought that flashed through my mind was that if Joe were out of the country for an extended period of time I would be left to wrestle two squirmy toddlers into bed each evening.… So I was far from keen on the idea, but we needed to respond to the vice president’s office with something other than a lame and obviously unacceptable, ‘We don’t know, sorry.’” Plame Wilson and the reports officer make the suggestion to send Wilson to Niger; her supervisor decides to meet with Wilson “and the appropriate agency and State [Department] officials.” At her supervisor’s behest, Plame Wilson sends an e-mail to her division chief (whom she will only identify as “Scott”), informing him of the decision and noting that “my husband has good relations with both the PM [prime minister] and the former minister of mines (not to mention lots of French contacts), both of whom could possibly shed some light on this sort of activity.” Plame Wilson will write that her words are intended to “gently remind [her division chief] of Joe’s credentials to support why my boss thought he should come into headquarters in the first place.” She will note: “Months later, those words would be ripped out of that e-mail and cited as proof that I had recommended Joe for the trip (see February 13, 2002). But at the time, I simply hit the ‘send’ button and moved on to the other tasks that were demanding my attention.” That night, Plame Wilson broaches the subject of going to Niger with her husband; he agrees to meet with her superiors at the CPD. [US Congress, 7/7/2004; Wilson, 2007, pp. 108-110]
Cheney Later Denies Knowledge of Iraq-Niger Claims - During the investigation of the Plame Wilson leak (see September 26, 2003), Cheney will repeatedly deny any knowledge that the CIA was following up on his request for more information. This is a lie. Among other refutations, the Senate Intelligence Committee will report in 2004 that he was told on February 14 that CIA officers were working with clandestine sources to find out the truth behind the Niger allegations (see July 9, 2004). [Wilson, 2007, pp. 368]
Anthony Gamboa, the general counsel for the General Accounting Office (GAO), reiterates the GAO’s modification of its original request for documents and records pertaining to Vice President Cheney’s energy task force (see January 29, 2001 and May 16, 2001). In a letter to the editor of the Wall Street Journal, Gamboa writes: “The GAO long ago dropped its request for the minutes and notes of the vice president’s meetings with people outside the government, as well as requests for any materials those individuals have given to Mr. Cheney (see July 31, 2001). The GAO simply seeks the names of those he met in his capacity as head of the energy policy task force, when and where he met them, the subject matter of the meetings, and an explanation of the costs incurred.” Cheney responds during an appearance on the late-night talk show The Tonight Show. He explains his continued refusal to cooperate with the GAO: “What’s at stake here is whether a member of Congress [Henry Waxman (D-CA), whom Cheney has accused the GAO of working for] can demand that I give him notes of all my meetings and a list of everybody I met with. We don’t think that he has that authority.” [National Review, 2/20/2002] The GAO’s chief, Comptroller General David Walker, will later call Cheney’s statements “disinformation.” [Savage, 2007, pp. 100]
Joseph Wilson. [Source: public domain]The CIA sends Joseph C. Wilson, a retired US diplomat, to Niger to investigate claims that Iraq had sought to purchase uranium from that country (see February 13, 2002). The CIA pays Wilson’s expenses for the trip, but does not pay him in any other respect. The identity of the party who requests the mission is later disputed. While Wilson will claim the trip was requested directly by Dick Cheney’s office, other sources will indicate that the CIA had decided (see February 19, 2002) that a delegation to Niger was needed in order to investigate questions raised by one of Dick Cheney’s aides (see (February 13, 2002)). [New York Times, 5/6/2003; Washington Post, 6/12/2003 ; Independent, 6/29/2003; New York Times, 7/6/2003; US Congress, 7/7/2004]
Reason behind Request - Former CIA analyst Melvin Goodman will later note that “Wilson was asked to go to Niger for one specific purpose. It was the CIA’s idea to get Cheney off their backs. Cheney would not get off their backs about the yellowcake documents. They couldn’t get Cheney to stop pressing the issue. He insisted that was the proof of reconstitution of [Iraq’s nuclear] program.” [Dubose and Bernstein, 2006, pp. 214]
Normal Skepticism - Wilson goes into the situation with a healthy dose of skepticism. “My skepticism was the same as it would have been with any unverified intelligence report, because there is a lot of stuff that comes over the transom every day,” he will recall in 2006. Wilson knows nothing of the influence of the Pentagon neoconservatives (see July 8, 1996, January 26, 1998, July 1998, September 2000, Late December 2000 and Early January 2001, Shortly after January 20, 2001, and Shortly After September 11, 2001) or the growing rift in the intelligence community over the reports: “I was aware that the neocons had a growing role in government and that they were interested in Iraq,” he will recall. “But the administration had not articulated a policy at this stage.” He is not given a copy of the Niger documents before leaving for Africa, nor is he told of their history. “To the best of my knowledge, the documents were not in the possession of the [CIA] at the time I was briefed,” he will recall. “The discussion was whether or not this report could be accurate. During this discussion, everyone who knew something shared stuff about how the uranium business worked, and I laid out what I knew about the government in Niger, what information they could provide.” With this rather sketchy preparation, Wilson leaves for Niger. [Unger, 2007, pp. 240; Wilson, 2007, pp. 113] Wilson’s wife, senior CIA case officer Valerie Plame Wilson, will later write, “He figured that if the vice president had asked a serious and legitimate question, it deserved a serious answer and he would try to help find it.” [Wilson, 2007, pp. 111]
No Trouble Finding Information - Wilson, who knows the Nigerien government and many of its officials, has little trouble finding the information he needs in the following week. In 2006, he will recall: “Niger has a simplistic government structure. Both the minister of mines and the prime minister had gone through the mines. The French were managing partners of the international consortium [which handles Niger’s uranium]. The French mining company actually had its hands on the project. Nobody else in the consortium had operators on the ground.” Wilson also personally knows Wissam al-Zahawie, Iraq’s ambassador to the Vatican who supposedly negotiated the uranium deal with Niger (see February 1999). Wilson will later observe: “Wissam al-Zahawie was a world-class opera singer, and he went to the Vatican as his last post so he could be near the great European opera houses in Rome. He was not in the Ba’athist inner circle. He was not in Saddam [Hussein]‘s tribe. The idea that he would be entrusted with the super-secret mission to buy 500 tons of uranium from Niger is out of the question.” [Unger, 2007, pp. 240-241] Wilson meets with, among other officials, Niger’s former minister of mines, Mai Manga. As later reported by the Senate Intelligence Committee (see July 9, 2004), Manga tells Wilson “there were no sales outside of International Atomic Energy Agency (IAEA) channels since the mid-1980s,” and he “knew of no contracts signed between Niger and any rogue states for the sale of uranium.” Manga says a “French mining consortium controls Nigerien uranium mining and keeps the uranium very tightly controlled from the time it is mined until the time it is loaded onto ships in Benin for transport overseas,” and, “it would be difficult, if not impossible, to arrange a special shipment of uranium to a pariah state given these controls.” [CounterPunch, 11/9/2005]
Meeting with US Ambassador - Wilson arrives in Niger on February 26, two days after Marine General Carlton W. Fulford Jr.‘s meeting (see February 24, 2002) with Nigerien officials. Wilson first meets with US Ambassador to Niger Barbro Owens-Kirkpatrick, a veteran Foreign Service official, whom Wilson will later describe as “crisp” and well-informed. Over tea in the US Embassy offices in Niamey, Niger’s capital, Owens-Kirkpatrick tells Wilson that she has already concluded that the allegations of uranium sales to Iraq are unfounded. “She had already debunked them in her reports to Washington,” Wilson will later recall. “She said, yeah, she knew a lot about this particular report. She thought she had debunked it—and, oh, by the way, a four-star Marine Corps general had been down there as well—Carlton Fulford. And he had left satisfied there was nothing to report.” [Wilson, 2004, pp. 20-22]
Details of Alleged Uranium Production - Niger extracts uranium from two mines, both located in remote locations in the Sahara Desert. It takes well over a day to drive from the mines to Niamey. The mines are owned by a consortium of foreign companies and the Nigerien government, and managed by a French mining company, COGEMA. Because of a recent upswing in the production of Canadian uranium, Niger’s uranium is mined at a net loss, and its only customers are consortium members. Wilson will later write, “[T]he Nigerien government has sold no uranium outside the consortium for two decades.” If Iraq had bought 500 tons of uranium, as the story is told, that would have represented a 40 percent production increase. “There is no doubt,” Wilson will later write, “that such a significant shift from historic production schedules would have been absolutely impossible to hide from the other partners, and most certainly from the managing partner, COGEMA. Everyone involved would have known about it.” Any Nigerien government decision to produce such an amount of uranium would have involved numerous government officials and many well-documented meetings. Because the transaction would have been to a foreign country, Niger’s Foreign Ministry would also have been involved in the decision. To sell Iraq uranium during that time would have been a violation of international law and of UN sanctions against Iraq, a weighty decision that would have ultimately been made by the president of Niger in conjuction with the foreign minister and the minister of mines. Such a decision would have been published in the Nigerien equivalent of the Federal Register and would have dramatic tax and revenue implications. The unexpected huge infusion of cash from the sale would have had a strong impact on the Nigerien economy, and would have been much anticipated and talked about throughout the Nigerien business community. [Wilson, 2004, pp. 22-25]
Off-the-Books Production Virtually Impossible - It is conceivable that such an enormous operation could have been conducted entirely “off the books,” Wilson will write, but virtually impossible to pull off. True, a military junta was in power at the time of the alleged sale, one that felt no responsibility or accountability to the Nigerien people. But even a secret transaction would have been impossible to conceal. Such a transaction would have involved thousands of barrels of clandestinely shipped uranium, extensive and complex adjustments to shipping schedules, and other ramifications. “It simply could not have happened without a great many people knowing about it, and secrets widely known do not remain hidden for long. And again, COGEMA, as the managing partner, would have had to know and be complicit.” Add to that Niger’s dependence on US foreign economic aid and its unwillingness to threaten the loss of that aid by secretly shipping uranium to a country that the US considers a dangerous rogue nation. All told, Wilson concludes, the possibility of such a clandestine operation is remote in the extreme. [Wilson, 2004; Wilson, 2004]
1999 Meeting with Iraqi Official - While speaking with a US Embassy official, Wilson learns about a 1999 meeting between the embassy official and an Iraqi representative in Algiers, perhaps in concert with a similar meeting between Iraqi officials and Niger’s prime minister (see June 1999). [Wilson, 2004, pp. 27-28]
Confirmation that Allegations are Unrealistic - After spending several days talking with current government officials, former government officials, and people associated with the country’s uranium business, Wilson concludes the rumors are completely false. He will later call the allegations “bogus and unrealistic.” [Washington Post, 6/12/2003 ; Knight Ridder, 6/13/2003; Independent, 6/29/2003; New York Times, 7/6/2003; CBS News, 7/11/2003; Vanity Fair, 1/2004; Wilson, 2004, pp. 20-28, 424; Vanity Fair, 5/2004, pp. 282; Wilson, 2007, pp. 113]
Entity Tags: Barbro Owens-Kirkpatrick, Wissam al-Zahawie, Carlton W. Fulford, COGEMA, Mai Manga, Valerie Plame Wilson, Muhammad Saeed al-Sahhaf, Melvin A. Goodman, Central Intelligence Agency, Richard (“Dick”) Cheney, Joseph C. Wilson
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
David Walker, comptroller of the General Accounting Office (GAO) and a Ronald Reagan appointee, files a lawsuit to compel Vice President Dick Cheney and his office to reveal the names of the private businessmen and organizational officials that his energy task force (see January 29, 2001) met with to craft the Bush administration’s energy policies (see May 8, 2001). This is the first time since its creation in 1920 that the GAO has been forced to file suit to compel another government agency to follow the law and cooperate with its requests. [Dean, 2004, pp. 78-79] In a statement, Walker writes: “This is the first time that GAO has filed suit against a federal official in connection with a records access issue. We take this step reluctantly. Nevertheless, given GAO’s responsibility to Congress and the American people, we have no other choice. Our repeated attempts to reach a reasonable accommodation on this matter have not been successful. Now that the matter has been submitted to the judicial branch, we are hopeful that the litigation will be resolved expeditiously. [General Accounting Office, 2/22/2002 ]
'Fundamental Questions' about Governmental 'Checks and Balances' - Former Nixon White House counsel John Dean will write in 2004: “This was, to say the least, a high-stakes lawsuit. It raised fundamental questions about the very nature of our system of checks and balances. If the GAO could not get the information it requested, then there was a black hole in the federal firmament—a no-man’s land where a president and vice president could go free from Congressional oversight.” By random selection, the case lands in the court of Judge John Bates, a career Justice Department lawyer who once worked for the Whitewater investigative team led by Kenneth Starr, and had just recently been appointed to the bench by President Bush. The choice of Bates will prove critical to the verdict of the case. [Dean, 2004, pp. 78-79]
Schlafly: Secrecy a 'Mistake' - Conservative commentator and activist Phyllis Schlafly will write in 2002: “[T]he public wants to know how our energy policy was developed. When information is kept secret, the natural inference is that there must be something the administration is very eager to hide. While private businesses and households can be selective about what they tell the world, the American people are not willing to accord the same privacy to public officials paid by the taxpayers. Regardless of the legal veil woven over the energy policy meetings, Cheney’s secrecy is a political mistake.” [Eagle Forum, 3/6/2002]
Entity Tags: Kenneth Starr, Phyllis Schlafly, US Department of Justice, Richard (“Dick”) Cheney, John Dean, Government Accountability Office, Bush administration (43), David Walker, George W. Bush, Energy Task Force, John Bates
Timeline Tags: US Environmental Record, Civil Liberties
Vice President Dick Cheney’s office refuses to disclose information about trips taken by its employees that are paid for by private financiers. The rationale is that since the Office of the Vice President (OVP) is not strictly part of the executive branch (see 2003), it need not disclose the information under the laws applying to that branch of the federal government. From this time forward, Cheney’s office repeatedly responds to inquiries by the Office of Government Ethics with letters stating “that it is not obligated to file such disclosure forms for travel funded by non-federal sources,” Kate Sheppard and Bob Williams of the Center for Public Integrity will write in 2005. “The letters were signed by then-Counsel to the Vice President David Addington…. Addington writes that the Office of the Vice President is not classified as an agency of the executive branch and is therefore not required to issue reports on travel, lodging and related expenses funded by non-federal sources.” Judicial Watch’s Tom Fitton will say that Cheney and his staff believe “the vice president is a constitutional office that is not subject to the laws that others in the executive branch are.” [Center for Public Integrity, 11/16/2005]
Vice President Dick Cheney drops by a Senate Republican policy lunch and instructs everyone that what he is about to say should not be repeated to anyone. He then explains that the question is no longer if the US will attack Iraq, but when. Time magazine reports this in May 2002. [Time, 5/5/2002]
Retired Lieutenant General Brent Scowcroft leads a presidential panel which proposes that control of the National Security Agency, the National Reconnaissance Office, and the National Imagery and Mapping Agency be transferred from the Department of Defense to the head of the CIA, the director of central intelligence (DCI). The plan is favored by the Congressional 9/11 joint inquiry but opposed by Defense Secretary Donald Rumsfeld and Vice President Dick Cheney. For years experts have argued that the US intelligence community’s 13 disparate agencies—“85 percent of whose assets reside in the Defense Department”—should be consolidated under the head of the CIA. [US News and World Report, 8/12/2002; Washington Post, 8/19/2004]
Intelligence Community Still Focused on Cold War Needs, Scowcroft Finds - Scowcroft, the head of the Foreign Intelligence Advisory Board and a close friend and confidant of former President George H. W. Bush, actually revises a report he began before the 9/11 attacks. The report concludes that the US intelligence apparatus had been designed to meet the needs of the Cold War era and should now be overhauled. The 9/11 attacks are evidence of this, Scowcroft believes. The attacks came from rogue Islamist terrorists, not a superpower like China or the old USSR.
Opposition from Rumsfeld, Cheney - But, as Ron Suskind will write in his 2006 book The One Percent Doctrine, Rumsfeld is “strongly opposed” to Scowcroft’s idea, presumably because, by transferring control of the NSA from the Pentagon to the CIA, it would take power away from him. Scowcroft approaches Cheney with the dilemma. Scowcroft is well aware of Cheney and Rumsfeld’s long political partnership, and gives Cheney an easy out. If his proposals are overly “disruptive,” Scowcroft says, “I’ll just fold my tent and go away. I don’t want to… but I’ll be guided by you.” Cheney now has a choice. Knowing this is a battle Scowcroft will not win, he can either call Scowcroft off now and defuse a potential political conflict within the administration, or, in author Craig Unger’s words, he can “send Scowcroft off on a fool’s errand, pitting Bush 41’s close friend, as Suskind noted, against Bush 43’s cabinet secretary [Rumsfeld], who just happened to be Bush 41’s lifelong nemesis (see September 21, 1974 and After). Cheney chose the latter.” Cheney tells Scowcroft to “go ahead, submit the report to the president.” He knows President Bush will listen to Cheney and Rumsfeld’s advice and ignore the report. Unger later notes, “Scowcroft had once been Cheney’s mentor, his patron. Now the vice president was just humoring him.” [Unger, 2007, pp. 225-226]
Entity Tags: National Security Agency, National Reconnaissance Office, Ron Suskind, Richard (“Dick”) Cheney, George W. Bush, National Imagery and Mapping Agency, Issuetsdeah, Central Intelligence Agency, Brent Scowcroft, Craig Unger, Donald Rumsfeld, George Herbert Walker Bush
Timeline Tags: US Military
In response to a request from Vice President Dick Cheney for an update on the Niger uranium issue made a few days earlier, CIA WINPAC analysts provide an analytic update to Cheney’s intelligence briefer stating that the government of Niger has said it is making all efforts to ensure that its uranium will be used for only peaceful purposes. The update says the foreign government service (Italian military intelligence agency, SISMI) that provided the original report “was unable to provide new information, but continues to assess that its source is reliable.” The update also notes that the CIA would “be debriefing a source [Joseph Wilson] who may have information related to the alleged sale on March 5 (see March 4-5, 2002).”
[US Congress, 7/7/2004]
Vice President Richard Cheney and other senior administration officials receive two CIA reports that cite the aluminum tubes sought by Iraq as evidence that “Iraq… may be trying to reconstitute its gas centrifuge program.” Neither report mentions the fact that leading centrifuge experts at the Energy Department strongly disagree with the CIA’s theory. [New York Times, 10/3/2004]
Vice President Cheney discusses Saddam Hussein on CNN: “This is a man of great evil. He knows we’re deadly serious. Our friends and allies in the region know we’re deadly serious and that we do need to find a way to address this problem.” And that same day on Meet the Press, Cheney discusses Iraq: “The evidence is overwhelming. And one of the things that we need to do is to make the case, lay it out there. This is the evidence. This is what he’s done. This is what he’s doing. This is the threat to the United States and to our friends around the world.” [PBS Frontline, 6/20/2006]
Two weeks after the CIA informed the White House and other departments that evidence of an Iraqi attempt to purchase Nigerien uranium is scanty (see March 8, 2002), Vice President Dick Cheney appears on CNN to assert the opposite: that Iraq is actively pursuing nuclear weapons. Cheney says that Iraq “has chemical weapons… has biological weapons… [and is] pursuing nuclear weapons.” [CNN, 3/24/2002]
After Dick Cheney’s 10-day trip across the Middle East, during which he was told by several Middle East leaders that their respective governments would not support an invasion of Iraq, an official tells the Telegraph of London: “I don’t think it will change the administration’s thinking. We are quite determined on this account.” [Daily Telegraph, 3/24/2002]
After the capture of al-Qaeda leader Abu Zubaida (see March 28, 2002), the US government is forced to review procedures on how Zubaida and future detainees should be treated. One CIA source will later say, “Abu Zubaida’s capture triggered everything.” The legal basis for harsh interrogations is murky at best, and the Justice Department will not give any legal guidelines to the CIA until August 2002, after Zubaida has already been tortured (see March 28-August 1, 2002 and August 1, 2002).
Bush Kept out of Discussions - New York Times reporter James Risen will later claim in a 2006 book that after showing some initial interest in Zubaida’s treatment (see Late March 2002), President Bush is mysteriously absent from any internal debates about the treatment of detainees. The CIA’s Office of Inspector General later investigates evidence of the CIA’s involvement in detainee abuse, and concludes in a secret report that Bush is never officially briefed on the interrogation tactics used. Earlier meetings are chaired by White House counsel Alberto Gonzales and attended by, among others, Vice President Cheney’s chief lawyer David Addington, Justice Department lawyer John Yoo, White House lawyer Timothy Flanigan, and Pentagon chief counsel William J. Haynes. Later, CIA Director George Tenet gives briefings on the tactics to a small group of top officials, including Vice President Cheney, National Security Adviser Rice, Attorney General John Ashcroft, and future Attorney General Gonzales, but not Bush.
CIA: 'No Presidential Approval' Needed for Torture - Risen will note that “Normally, such high-stakes—and very secret—CIA activities would be carefully vetted by the White House and legally authorized in writing by the president under what are known as presidential findings. Such directives are required by Congress when the CIA engages in covert action.” But through a legal sleight-of-hand, the CIA determines the interrogations should be considered a normal part of “intelligence collection” and not a covert action, so no specific presidential approval is needed. Risen concludes: “Certainly, Cheney and senior White House officials knew that Bush was purposely not being briefed and that the CIA was not being given written presidential authorization for its tactics. It appears that there was a secret agreement among very senior administration officials to insulate Bush and to give him deniability, even as his vice president and senior lieutenants were meeting to discuss the harsh new interrogation methods. President Bush was following a ‘don’t ask, don’t tell’ policy on the treatment of prisoners.” Later, Flanigan will say of the meetings, “My overwheming impression is that everyone was focused on trying to avoid torture, staying within the line, while doing everything possible to save American lives.” [Risen, 2006, pp. 23-27; Savage, 2007, pp. 154]
Entity Tags: Richard (“Dick”) Cheney, John C. Yoo, William J. Haynes, Timothy E. Flanigan, John Ashcroft, David S. Addington, George W. Bush, Abu Zubaida, James Risen, Central Intelligence Agency, George J. Tenet, Alberto R. Gonzales, Condoleezza Rice
Timeline Tags: Torture of US Captives, Complete 911 Timeline
In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]
Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council
Timeline Tags: Torture of US Captives, Civil Liberties
Flynt Leverett, the newly named head of Mideast affairs for the National Security Council (see December 2001-January 2002), has worked hard for the last months to persuade Bush administration officials to consider a proposal by Saudi Arabia for a peace agreement between Israel and the Palestinian Authority. The proposal, originated by Saudi Arabia’s Crown Prince Abdullah, calls for “full normalization” of relations between Israel and Arab nations in exchange for Israel’s “full withdrawal” from the occupied territories. Abdullah promised that he can persuade all the Arab nations of the region to sign off on the accords. But even with concessions insisted upon by the Israelis, the Bush administration refused to consider the deal. Even after Abdullah persuaded every nation of the Arab League to sign his proposal, the White House refused to listen. In April, Secretary of State Colin Powell, accompanied by Leverett, travels to the Middle East to negotiate an end to an Israeli siege of Palestinian leader Yasser Arafat’s compound. Powell believes he has authorization from the White House to explore what are called “political horizons,” diplomatic shorthand for peace negotiations between Israel and Palestine. Powell and Leverett use the Saudi proposal as a springboard for discussions. On their final day in the Middle East, Leverett, with a group of senior American officials, is trying to hammer out Powell’s final speech when a telephone call from the White House short-circuits the procedure. On the other end, Deputy National Security Adviser Stephen Hadley tells Leverett: “Tell Powell he is not authorized to talk about a political horizon. Those are formal instructions.” Leverett responds by telling Hadley it is a bad idea to abruptly stop negotiations. As he later recalls the conversation, Leverett tells Hadley, “It’s bad policy and it’s also humiliating for Powell, who has been talking to heads of state about this very issue for the last 10 days.” Hadley retorts: “It doesn’t matter. There’s too much resistance from [Defense Secretary Donald] Rumsfeld and the VP [Dick Cheney]. Those are the instructions.” Powell is furious at the instructions. “What is it they’re afraid of?” he demands. “Who the hell are they afraid of?” Leverett responds, “I don’t know sir.” Powell will later recall, “I had major problems with the White House on what I wanted to say.” [Esquire, 10/18/2007]
Prince Bandar and President Bush meet at Bush’s ranch in August, 2002. [Source: Associated Press]Crown Prince Abdullah, the de facto ruler of Saudi Arabia, is due to arrive in Houston, Texas, to meet with President Bush at his ranch in nearby Crawford, Texas. Abdullah’s entourage is so large that it fills eight airplanes. As these planes land, US intelligence learns that one person on the flight manifests is wanted by US law enforcement, and two more are on a terrorist watch list. An informed source will later claim that the FBI is ready to “storm the plane and pull those guys off.” However, the State Department fears an international incident. An interagency conflict erupts over what to do. The Wall Street Journal will report in 2003, “Details about what happened to the three men in the end are not entirely clear, and no one at [the State Department] was willing to provide any facts about the incident. What is clear, though, is that the three didn’t get anywhere near Crawford, but were also spared the ‘embarrassment’ of arrest. And the House of Saud was spared an ‘international incident.’” [Wall Street Journal, 10/13/2003] The next day, Osama Basnan, an alleged associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar, reports his passport stolen to Houston police. [Newsweek, 11/24/2002] This confirms that Basnan is in Houston on the same day that Crown Prince Abdullah, Prince Saud al-Faisal, and Saudi US Ambassador Prince Bandar meet with President Bush, Vice President Cheney, Secretary of State Powell, and National Security Adviser Rice at Bush’s Crawford ranch. [US-Saudi Arabian Business Council, 4/25/2002] While in Texas, it is believed that Basnan “met with a high Saudi prince who has responsibilities for intelligence matters and is known to bring suitcases full of cash into the United States.” [Newsweek, 11/24/2002; Guardian, 11/25/2002] The still-classified section of the 9/11 Congressional Inquiry is said to discuss the possibility of Basnan meeting this figure at this time. [Associated Press, 8/2/2003] It is unknown if Basnan and/or the Saudi prince he allegedly meets have any connection to the three figures wanted by the FBI, or even if one or both of them could have been among the wanted figures. Basnan will be arrested in the US for visa fraud in August 2002, and then deported two months later (see August 22-November 2002).
Entity Tags: Osama Basnan, Richard (“Dick”) Cheney, Nawaf Alhazmi, Saud al-Faisal, US Department of State, Federal Bureau of Investigation, Condoleezza Rice, Abdullah bin Abdulaziz al-Saud, Bandar bin Sultan, Colin Powell, George W. Bush, Khalid Almihdhar
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
In part due to pressure from Vice President Cheney, the CIA sends a cable to France’s intelligence agency, the Direction Generale de la Securite Exterieure (DGSE), communicating concerns about intelligence suggesting that Iraq is attempting to purchase uranium from Niger. (Another cable had been sent the year before (see Summer 2001).) Specifically, the CIA says it is concerned about an alleged agreement between Iraq and Niger on the sale of 500 tons of uranium that was signed by Nigerian officials. (In an interview with the Los Angeles Times, DGSE official Alain Chouet will note that the details of this agreement matched those of the forged documents.) [Los Angeles Times, 12/11/2005; Unger, 2007, pp. 241] Niger is a former French colony, and the French keep a tight rein on Niger’s uranium production. Hence, the CIA turns to French intelligence to vet the claim of Nigerien uranium going to Iraq. “The French were managing partners of the international consortium in Niger,” former US ambassador Joseph Wilson will later say. “The French did the actual mining and shipping of [uranium].” [Unger, 2007, pp. 208-209] The CIA asks for an immediate answer about the authenticity of the information. [La Repubblica (Rome), 12/1/2005] In response, the DGSE sends its head of security intelligence, Chouet, to look into the uranium deal. The initial information Chouet receives from the CIA is vague, he will later recall, except for one striking detail: Iraq’s ambassador to the Vatican, Wissam al-Zahawie, made an unusual trip to four African countries in 1999, including Niger. CIA analysts fear the trip may have been a prelude to the uranium deal. But Chouet soon learns that the al-Zawahie trip (see February 1999) had not been secret, as the CIA avers, but had been well covered by, among other news outlets, the local Nigerien press. In addition, French, British, and US intelligence had received routine reports on al-Zawahie’s visits. Chouet, head of a 700-person intelligence unit specializing in weapons proliferation and terrorism, sends an undercover team of five or six men to Niger to check on the security of Niger’s uranium. The investigation produces no evidence that al-Zawahie had even discussed uranium with the Nigeriens. [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005; Unger, 2007, pp. 208-209] Chouet will later recall, “[O]nce back, they told me a very simple thing: ‘the American information on uranium is all bullsh_t.’” [La Repubblica (Rome), 12/1/2005] The French summarize the results of their investigation in a series of formal cables they send to CIA offices in Langley and Paris. Chouet will later tell the Times that they communicated their doubts about the claims in no uncertain terms. “We told the Americans, ‘Bullshi_t. It doesn’t make any sense.’” [La Repubblica (Rome), 12/1/2005; Los Angeles Times, 12/11/2005] Choeut’s formal reports to the CIA use less coarse language, but he later describes them as candid. “We had the feeling we had been heard,” he will recall. [Unger, 2007, pp. 241] The DGSE considers the issue closed. [Unger, 2007, pp. 208-209]
In the wake of new information on what President Bush knew, Vice President Cheney states, “[M]y Democratic friends in Congress… need to be very cautious not to seek political advantage by making incendiary suggestions, as were made by some today, that the White House had advance information that would have prevented the tragic attacks of 9/11.” He calls such criticism “thoroughly irresponsible… in time of war” and states that any serious probe of 9/11 foreknowledge would be tantamount to giving “aid and comfort” to the enemy. [Washington Post, 5/17/2002] The days later, Cheney adds that he doesn’t “have any problem with a legitimate debate over the performance of our intelligence agencies,” but he has “a real problem with the suggestion that somehow my president had information and failed to act upon it to prevent the attack of Sept. 11.” He calls this “beyond the pale.” On May 21, the on-line newspaper Salon suggests that such pressure “appears to have worked. Democrats are largely chastened in their criticism of the [Bush] administration, and few have criticized attempts to silence them.” [Salon, 5/21/2002]
Senate Majority Leader Tom Daschle (D-SD) says he is “gravely concerned” to learn that President Bush “received a warning in August about the threat of hijackers,” referring to a CBS News report revealing that Bush had been warned about a possible hijacking over a month before the 9/11 attacks (see August 6, 2001). Daschle calls on the White House to provide the classified briefing to Congressional investigators. House Minority Leader Richard Gephardt (D-MO) says, using the language of Watergate investigators, “I think what we have to do now is find out what the president, what the White House knew about the events leading up to 9/11, when they knew it, and, most importantly, what was done about it at the time.” White House deputy press secretary Scott McClellan will later write that, as objectionable as the White House finds these statements, “the Democrat who most aroused the ire of the White House and Republicans was New York’s Democratic senator, Hillary Clinton.” Clinton takes the floor of the Senate and says, “We learn today something we might have learned at least eight months ago: that President Bush had been informed last year, before September 11, of a possible al-Qaeda plot to hijack a US airliner.” She displays a New York Post headline that reads, “BUSH KNEW” (see May 15, 2002) and “9/11 BOMBSHELL.” “The president knew what?” Clinton asks. McClellan will write that he and his White House colleagues are “incensed” at Clinton’s rhetoric: “To us, such grandstanding appeared to be a return to the ugly partisan warfare that had come to define Washington and its culture during the 1990s. Politics as war, the innuendo of scandal, and the egregious implication that the president had deliberately neglected the country’s safety—it was all in service of the November election results. All the familiar elements were there. The story and the partisan accusations that followed provided great controversy for the media to cover.” (In this passage, McClellan fails to note that White House political guru Karl Rove had, months before, advised Bush and Republican candidates to use the war to attack Democrats in the November 2002 elections—see January 2002). McClellan will complain that Clinton “had not even bothered to call [the White House] to find out more about the facts behind the headlines before delivering her speech,” and will note: “To us, the disingenuous way the leaders rushed to create a damning story line about the president and his administration crossed a line. Republicans objected vehemently and aggressively in a counteroffensive led by the White House,” with Vice President Dick Cheney calling the Democrats’ questions “incendiary” (see May 16, 2002) and Bush declaring, “Had we any inkling, whatsoever, that terrorists were about to attack our country, we would have moved heaven and earth to protect America.” Bush adds: “And I’m confident that President Clinton would have done the same thing (see September 7, 2003). Any president would have.” McClellan will call Bush’s statement “a gesture toward the rapidly vanishing spirit of bipartisanship.” He will write that Democrats did not, by themselves, break the bipartisanship that had supposedly reigned before CBS broke the news of the August 6 briefing: “Democrats were responding in part to perceived efforts by Republicans seeking political advantage from the president’s aggressive efforts to wage war against Islamist terrorists,” and will note that in 1998, Republicans accused President Clinton of “wagging the dog”—launching military strikes against Iraq to distract the nation from the Monica Lewinsky scandal (see December 16-19, 1998). [McClellan, 2008, pp. 117-118]
The Bush administration issues a remarkable series of terror warnings that many believe are politically motivated. Vice President Cheney warns it is “not a matter of if, but when” al-Qaeda will next attack the US. [CNN, 5/20/2002] Homeland Security Director Tom Ridge says the same thing. Defense Secretary Rumsfeld says terrorists will “inevitably” obtain weapons of mass destruction (see May 21, 2002). FBI Director Mueller says more suicide bombings are “inevitable.” [Washington Post, 5/22/2002] Authorities also issue separate warnings that al-Qaeda militants might target apartment buildings nationwide, banks, rail and transit systems, the Statue of Liberty, and the Brooklyn Bridge. USA Today titles an article, “Some Question Motives Behind Series of Alerts.” [USA Today, 5/24/2002] David Martin, CBS’s national security correspondent, says, “Right now they’re putting out all these warnings to change the subject from what was known prior to September 11 to what is known now.” It had been revealed the week before that Bush received a briefing in August 2001 entitled, “Bin Laden Determined to Strike in US” (see August 6, 2001). [Washington Post, 5/27/2002] Remarkably, even Press Secretary Ari Fleischer says the alerts were issued “as a result of all the controversy that took place last week.” [Washington Times, 5/22/2002; Village Voice, 5/23/2002] A retired CIA official reveals that the administration “made a political decision” to make any threat public, even those deemed to be hoaxes. In response to the alleged threat to New York, the former head of the FBI bureau there states that “there really isn’t any hard information.” [Rolling Stone, 9/21/2006 ] Time notes, “Though uncorroborated and vague, the terror alerts were a political godsend for an administration trying to fend off a bruising bipartisan inquiry into its handling of the terrorist chatter last summer. After the wave of warnings, the Democratic clamor for an investigation into the government’s mistakes subsided.” [Time, 5/27/2002]
Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]
Richard Shelby (R-AL), the ranking Republican on the Senate Intelligence Committee, leaks highly classified information to Fox News political correspondent Carl Cameron just minutes after his committee learns it in a closed-door hearing with NSA Director Michael Hayden, according to later testimony. Shelby learns that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack, but the agency failed to translate the intercepts until September 12, the day after the 9/11 attacks (see September 10, 2001). Cameron does not report the story, but instead gives the material to CNN reporter Dana Bash. A half-hour after Cameron’s meeting with Bash, CNN broadcasts the story, citing “two Congressional sources” in its report. CNN does not identify Shelby as a source. Moments after the broadcast, a CIA official upbraids committee members who have by then reconvened to continue the hearing. USA Today and the Washington Post publish more detailed stories on the NSA intercepts the next day. White House and intelligence community officials will quickly claim that the leak proves Congress cannot be trusted with classified information, but experts in electronic surveillance will later say the information about the NSA’s intercepts contains nothing harmful because it does not reveal the source of the information or the methods used to gather it. [Washington Post, 8/5/2004; National Journal, 2/15/2007] The next day, a furious Vice President Dick Cheney will threaten Senator Bob Graham (D-FL) with termination of the White House’s cooperation with the 9/11 Congressional inquiry unless Graham and his House Intelligence Committee counterpart, Porter Goss (R-FL), push for an investigation (see June 20, 2002). Shelby will deny any involvement in the leak (see August 5, 2004).
Entity Tags: National Security Agency, Carl Cameron, CNN, Daniel Robert (“Bob”) Graham, Al-Qaeda, Dana Bash, Michael Hayden, Richard Shelby, Senate Intelligence Committee, USA Today, Washington Post, Porter J. Goss, Richard (“Dick”) Cheney, Fox News
Timeline Tags: Complete 911 Timeline, Civil Liberties
Vice President Dick Cheney phones Senate Intelligence Committee chairman Bob Graham (D-FL). Cheney’s call comes early in the morning, and Graham takes it while still shaving. Cheney is agitated; he has just read in the newspaper that telephone calls intercepted by the NSA on September 10, 2001 warned of an imminent al-Qaeda attack. But, the story continues, the intercepts were not translated until September 12, the day after the 9/11 attacks (see September 10, 2001). Cheney is enraged that someone leaked the classified information from the NSA intercepts to the press. As a result, Cheney says, the Bush administration is considering terminating all cooperation with the joint inquiry by the Senate and House Intelligence Committees on the government’s failure to predict and prevent the attacks (see September 18, 2002). (Graham co-chairs the inquiry.) Classified records would no longer be made available to the committees, and administration witnesses would not be available for interviews or testimony. Furthermore, Cheney says, unless the committee leaders take action to find out who leaked the information, and more importantly, take steps to ensure that such leaks never happen again, President Bush will tell the citizenry that Congress cannot be trusted with vital national security secrets. “Take control of the situation,” Cheney tells Graham. The senator responds that he, too, is frustrated with the leaks, but Cheney is unwilling to be mollified.
Quick Capitulation - At 7:30 a.m., Graham meets with the chairman of the House Intelligence Committee, Porter Goss (R-FL), and the ranking members of the committees, Senator Richard Shelby (R-AL, who will later be accused of leaking the information) and Nancy Pelosi (D-CA). They decide to request that the Justice Department conduct a criminal inquiry into whether anyone on either committee, member or staffer, leaked the information to the press. One participant in the meeting later says, “It was a hastily made decision, made out of a sense of panic… and by people with bleary eyes.” Another person involved in the decision later recalls: “There was a real concern that any meaningful oversight by Congress was very much at stake. The political dynamic back then—not that long after September 11—was completely different. They took Cheney’s threats very seriously.” In 2007, reporter Murray Waas will observe that Cheney and other administration officials saw the leak “as an opportunity to undercut Congressional oversight and possibly restrict the flow of classified information to Capitol Hill.”
Graham: Congress Victimized by White House 'Set Up' - In 2007, after his retirement from politics, Graham will say: “Looking back at it, I think we were clearly set up by Dick Cheney and the White House. They wanted to shut us down. And they wanted to shut down a legitimate Congressional inquiry that might raise questions in part about whether their own people had aggressively pursued al-Qaeda in the days prior to the September 11 attacks. The vice president attempted to manipulate the situation, and he attempted to manipulate us.… But if his goal was to get us to back off, he was unsuccessful.” Graham will add that Goss shared his concerns, and say that in 2003, he speculates to Goss that the White House had set them up in order to sabotage the joint inquiry; according to Graham, Goss will respond, “I often wondered that myself.” Graham will go on to say that he believes the NSA leak was not only promulgated by a member of Congress, but by White House officials as well; he will base his belief on the fact that Washington Post and USA Today reports contain information not disclosed during the joint committee hearing. “That would lead a reasonable person to infer the administration leaked as well,” he will say, “or what they were doing was trying to set us up… to make this an issue which they could come after us with.”
White House Goes Public - The same day, White House press secretary Ari Fleischer tells reporters, “The president [has] very deep concerns about anything that would be inappropriately leaked that could… harm our ability to maintain sources and methods and anything else that could interfere with America’s ability to fight the war on terrorism.”
Investigation Will Point to Senate Republican - An investigation by the Justice Department will determine that the leak most likely came from Shelby, but Shelby will deny leaking the intercepts, and the Senate Ethics Committee will decline to pursue the matter (see August 5, 2004). [National Journal, 2/15/2007]
Entity Tags: National Security Agency, George W. Bush, Bush administration (43), Daniel Robert (“Bob”) Graham, Ari Fleischer, House Intelligence Committee, Nancy Pelosi, Senate Ethics Committee, Senate Intelligence Committee, Richard Shelby, Richard (“Dick”) Cheney, Porter J. Goss, US Department of Justice, Murray Waas
Timeline Tags: Complete 911 Timeline, Civil Liberties
Entifadh Qanbar, a lobbyist for the Iraqi National Congress (INC), sends a memo to the staff of the Senate Appropriations Committee, in which he provides information about a State Department-funded intelligence program, known as the “information-collection program,” run by the INC (see September 2004-September 2006). Qanbar, who says he is the overall manager of the group, states in the memo that under the program, “defectors, reports and raw intelligence are cultivated and analyzed,” and “the results are reported through the INC newspaper (Al Mutamar), the Arabic and Western media and to appropriate governmental, nongovernmental and international agencies.” Information is also passed on to William Luti, who will later run the Office of Special Plans (see September 2002), and John Hannah, a senior national-security aide on Cheney’s staff, who Qunbar describes as the “principal point of contact.” [Newsweek, 12/15/2003; New York Times, 2/12/2004 Sources: Memo] The memo provides a description of some of the people involved in the group and their activities. It says that the analytical group includes five analysts with a background in Iraq’s military, Iraq’s intelligence services and human rights. One person, a consultant, monitors the Iraqi government’s alleged efforts to develop banned weapons. The five analysts process information and write reports, which are sent to Al Mutamar, the INC’s newspaper, as well as the US government and many mainstream news organizations. Qanbar says that the information-collection program issued 30 reports between August 2001 and June 2002, which were sent to Al Mutamar. (Al Mutamar is only available inside Iraq on the Internet; the effectiveness of other government-funded projects to disseminate propaganda inside Iraq could not be proven, and may not have ever existed.) According to the memo, the group published 28 private reports in collaboration with the INC’s headquarters in London. The memo reveals that between October 2001 and May 2002, information provided by the INC was cited in 108 articles published by a variety of English-language news publications, including the New York Times, the Washington Post, Time, Newsweek, the New Yorker, CNN, Fox News, and several others. [New York Times, 2/12/2004; New Yorker, 6/7/2004; Columbia Journalism Review, 7/1/2004] New York Daily News reporter Helen Kennedy will say in 2004, “The INC’s agenda was to get us into a war.” Kennedy’s name appears on Qanbar’s list. “The really damaging stories all came from those guys, not the CIA. They did a really sophisticated job of getting it out there.” Bob Drogin of the Los Angeles Times will say, “I think something that hasn’t gotten a lot of attention is how [the INC] used the British press to plant a lot of this stuff, some of it pretty outlandish.” British journalist Jamie Dettmer points the finger the other way. “I’ve been utterly appalled by the lack of skepticism about this entire Iraq project and the war on terrorism” in the press. When Dettmer learns that his name is on the list, he shouts, “Complete bollocks!” Other journalists on the list will refuse to admit that they were duped by the INC, even though some of their stories contain extensive interviews and dramatic claims from INC sources that were later disproven. Qanbar will say, “We did not provide information. We provided defectors. We take no position on them. It’s up to you reporters to decide if they are credible or not.” [Columbia Journalism Review, 7/1/2004]
Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]
Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense
Timeline Tags: Civil Liberties
After nearly two years of legal wrangling, the Bush administration releases financial and other records from the November-December 2000 campaign to the Internal Revenue Service. Those records include hundreds of pages of documents regarding the Bush campaign’s efforts to win the Florida recounts (see 9:00 a.m. and after, November 22, 2000). The George W. Bush recount committee spent $13.8 million on its efforts to influence the recount, while long-available documents from the Al Gore recount operation show that Gore spent about a quarter of that amount, $3.2 million. The Bush campaign spent more than that on lawyers—$4.4 million. The Bush records document some 250 paid staffers, payouts of $1.2 million to fly operatives to and from Florida, and about $1 million in hotel bills. Additionally, a fleet of corporate jets was provided to the recount operation, many of them paid for by Enron Corporation and its CEO Kenneth Lay, a prominent Bush backer. Other jets were provided by Halliburton, where Vice President Dick Cheney had served as chairman and CEO. [Consortium News, 8/5/2002]
Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 ] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]
Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
District Court Judge Emmet Sullivan rules that if Vice President Dick Cheney wants to have him dismiss a lawsuit brought by the watchdog organization Judicial Watch (see June 25, 2001), Cheney must show him the task force documents so that he can make an informed decision. No one else would see the documents, Sullivan says, and he cites a 1993 ruling forcing the Clinton health care task force to reveal its source documents and allow a judge to decide whether that task force had had outside lobbyists directly participating in its work. Judicial Watch’s director of investigations, Chris Farrell, is jubilant over Sullivan’s ruling. “It was very encouraging,” he will later recall. “It looked like the judge had the intellectual honesty and courage to at least give it an evaluation and a fair look. If, in fact, everything the administration was saying was true, then the judge would look at it and draw that conclusion. At least then the public would have some sense of confidence and trust that the right thing was being done, because a fresh set of eyes had looked at it. Without that check, you don’t know.” But Cheney refuses to comply with the order, and instead appeals Sullivan’s decision, asking an appeals court to summarily dismiss Sullivan’s ruling without first making Cheney show the documents to a judge. The appeals court will turn Cheney down, paving the way for a Supreme Court hearing (see December 15, 2003). [Savage, 2007, pp. 160-161]
Speaking to the Commonwealth Club of California in San Francisco, Vice President Dick Cheney states, “Many of us, I think, are skeptical that simply returning the inspectors will solve the problem. A debate with [Saddam Hussein] over inspectors simply, I think, would be an effort by him to obfuscate, delay and avoid having to live up to the accords that he signed up to at the end of the Gulf war.” In the speech, he also tells his audience that Hussein “sits on top of 10 per cent of the world’s oil reserves. He has enormous wealth being generated by that,” adding, “And left to his own devices, it’s the judgment of many of us that in the not too distant future he will acquire nuclear weapons.” [New York Times, 8/7/2002; Observer, 8/11/2002]
Cheney speaking before the Veterans of Foreign Wars. [Source: White House]In a speech to the Nashville convention of the Veterans of Foreign Wars, Vice President Dick Cheney says Saddam Hussein will “seek domination of the entire Middle East, take control of a great portion of the world’s energy supplies, directly threaten America’s friends throughout the region, and subject the United States or any other nation to nuclear blackmail.” He also states unequivocally that Iraq has weapons of mass destruction. “Simply stated, there is no doubt that Saddam Hussein now has weapons of mass destruction. There is no doubt that he is amassing them to use against our friends, against our allies, and against us.… What he wants is time, and more time to husband his resources to invest in his ongoing chemical and biological weapons program, and to gain possession of nuclear weapons.… Deliverable weapons of mass destruction in the hands of a terror network, or a murderous dictator, or the two working together constitutes as grave a threat as can be imagined,” he says. “The risks of inaction are far greater than the risk of action.… The Iraqi regime has in fact been very busy enhancing its capabilities in the field of chemical and biological agents, and they continue to pursue the nuclear program they began so many years ago.” Therefore he argues, the answer is not weapons inspections. “Against that background, a person would be right to question any suggestion that we should just get inspectors back into Iraq, and then our worries will be over. Saddam has perfected the game of shoot and retreat, and is very skilled in the art of denial and deception. A return of inspectors would provide no assurance whatsoever of his compliance with UN resolutions.” He also says: “Regime change in Iraq would bring about a number of benefits to the region. When the gravest of threats are eliminated, the freedom-loving peoples of the region will have a chance to promote the values that can bring lasting peace.” [White House, 8/26/2002]
First White House Assertion of Iraq's Nuclear Program - Cheney’s speech marks the first major statement from the White House regarding the Bush administration’s Iraq policy following a flood of criticisms from former officials. Significantly, the speech was not cleared by the CIA or the State Department. [Newsweek, 9/9/2002] Furthermore, Cheney’s comments dismissing the need for the return of inspectors, were not cleared by President Bush, according to White House chief of staff Andrew Card. [Newsweek, 9/9/2002] The speech creates a media stir because it is the first time a senior US official has asserted Iraq has nuclear capabilities with such certainty. The CIA is astonished by the claim. CIA official Jami Miscik will later recall: “He said that Saddam was building his nuclear program. Our reaction was, ‘Where is he getting that stuff from? Does he have a source of information that we don’t know about?’” CIA analysts redouble their efforts to collect and review evidence on Iraq and nuclear weapons, but analysts know very little. [Suskind, 2006, pp. 167-169] Cheney’s assertions are contradicted by a broad base of military experts. [Dean, 2004, pp. 138]
Powell 'Blindsided' by Cheney - Three days after the speech, a State Department source tells CNN that Secretary of State Colin Powell’s view clashes with that which was presented in Cheney’s speech, explaining that the secretary of state is opposed to any military action in which the US would “go it alone… as if it doesn’t give a damn” what other nations think. The source also says that Powell and “others in the State Department were ‘blindsided’ by Cheney’s ‘time is running out’ speech… and were just as surprised as everyone else.” [CNN, 8/30/2002] Author and Washington Post reporter Bob Woodward will later describe Powell as “dumbfounded.” [Roberts, 2008, pp. 145] Cheney did, however, inform President Bush he would be speaking to the VFW. He did not provide Bush a copy of his speech. Bush merely told Cheney, “Don’t get me into trouble.” [Dubose and Bernstein, 2006, pp. 175]
'Off Script' - Current deputy press secretary Scott McClellan will later observe that it was always a tactic of the Iraq campaign strategy for Cheney to “lean a little more forward in his rhetoric than the president.” However, McClellan will go on to say that Cheney did not always “stay on message,” and will blame Cheney’s “deep-seated certitude, even arrogance” that sometimes operates “to the detriment of the president.” Cheney’s assertion to the VFW that it would be pointless to send UN inspectors back to Iraq is, McClellan will reflect, “off script.” Bush wants to continue to “show that he [is] exhausting all diplomatic options” before invading Iraq. [McClellan, 2008, pp. 138]
As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]
Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan
Timeline Tags: Civil Liberties
Defense Secretary Donald Rumsfeld holds a “top secret” briefing on Iraq for selected Congressional members, including, among others, Senator John McCain (R-AZ). The briefing takes place in the most secure room in the Capitol, a small, windowless chamber that is ostentatiously swept for bugs before the briefing. At the outset, the lawmakers are sworn to deepest secrecy. But during the briefing, Rumsfeld tells the assembled members nothing they couldn’t learn by watching the nightly news. McCain abruptly leaves the meeting, and later says, “It was a joke.” Vice President Cheney has said that the administration doesn’t trust the 535 members of Congress not to leak classified information, and therefore they must make their decisions concerning war with Iraq without the benefit of complete intelligence briefings (see Before September 9, 2002 and After). McCain reflects the feelings of many members in expressing his aggravation with the administration. “It becomes almost insulting after a while,” he says. “Everyone that goes to them is frustrated.” Rather than give “pretend” briefings that convey little information, McCain says, President Bush should just suspend the briefings entirely. House member Robert Menendez (D-NJ) says many members are skipping the briefings entirely to avoid signing a secrecy pledge that restricts what they can and cannot talk about. Menendez, briefed earlier by National Security Adviser Condoleezza Rice and CIA Director George Tenet, says, “I heard nothing that was new, compelling, or that I have not heard before.” White House spokesman Ari Fleischer says, “The White House will continue to as fully inform as possible members of Congress, while also preserving sensitive intelligence information so no inadvertent disclosure jeopardizes sources or methods or missions.” The White House has had some success with Democrats who might be resistant to its arguments for war by choosing to give more complete briefings to a few selected Democratic leaders, including House Minority Leader Richard Gephardt (D-MO). As a result, Democratic leaders in Congress are more supportive of the push towards war than many of their rank-and-file colleagues. [Washington Post, 9/15/2002]
William Luti. [Source: Helene C. Stikkel / Defense Department]Undersecretary of Defense for Policy Douglas J. Feith and Deputy Secretary of Defense Paul Wolfowitz, both staunch neoconservatives, rename the Northern Gulf Affairs Office on the Pentagon’s fourth floor (in the seventh corridor of D Ring) the “Office of Special Plans” (OSP) and increase its four-person staff to sixteen. [Knight Ridder, 8/16/2002; Los Angeles Times, 11/24/2002; New Yorker, 5/12/2003; Inter Press Service, 8/7/2003; Tom Paine (.com), 8/27/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004] William Luti, a former navy officer and ex-aide to Vice President Cheney, is put in charge of the day-to-day operations [Guardian, 7/17/2003; Mother Jones, 1/2004] , apparently at the behest of Cheney. Luti was, according to former Defense Intelligence Agency official Patrick Lang, a member of Cheney’s “shadow National Security Council.” [Middle East Policy Council, 6/2004]
Transforming NESA - Luti worked for the Near East and South Asian Affairs desk (NESA) at the Pentagon since mid-2001. Lang later describes NESA as having been “a Pentagon backwater, responsible primarily for arranging bilateral meetings with military counterparts” from various nations. Before the Afghanistan war, NESA worked closely with the Defense Intelligence Agency’s Defense Intelligence Officer (DIO) for the Near East, South Asia, and Counterterrorism. During Luti’s first months at NESA, the DIO was Bruce Hardcastle. The Pentagon dismantled the entire DIO system, partly because of friction between Luti and Hardcastle (see Early 2002). Lang will write, “The roots of the friction between Hardcastle and Luti were straightforward: Hardcastle brought with him the combined wisdom of the professional military intelligence community. The community had serious doubts about the lethality of the threat from Saddam Hussein, the terrorism links and the status of the Iraqi WMD programs. Luti could not accept this. He knew what he wanted: to bring down Saddam Hussein. Hardcastle could not accept the very idea of allowing a desired outcome to shape the results of analysis.” Luti transforms NESA into what Lang will call “a ‘de facto’ arm of the vice president’s office,” and in the process shuts Hardcastle out of NESA (and later OSP) intelligence briefings. Luti does not report to either Feith or Donald Rumsfeld, as his chain of command delineates, but to Cheney’s chief of staff, Lewis “Scooter” Libby. OSP staffer Karen Kwiatkowski later recalls being “shocked” to learn that Luti reports to Libby and not to his putative Pentagon superiors. She will say, “In one of the first staff meetings that I attended there, Bill Luti said, ‘Well, did you get that thing over to Scooter? Scooter wants this, and somebody’s got to get it over to him, and get that up to him right away.’ After the meeting, I asked one of my co-workers, who’d been there longer, ‘Who is this Scooter?’ I was told, ‘That’s Scooter Libby over at the OVP (Office of the Vice President). He’s the Vice President’s chief of staff.’ Later I came to understand that Cheney had put Luti there.” Under Luti, NESA becomes a virtual adjunct to the OSP. [Inter Press Service, 8/7/2003; Mother Jones, 1/2004; Middle East Policy Council, 6/2004]
Strong Neoconservative Influence - The Office of Special Plans is staffed with a tight group of like-minded neoconservative ideologues, who are known advocates of regime change in Iraq. Notably, the staffers have little background in intelligence or Iraqi history and culture. [Salon, 7/16/2003; Inter Press Service, 8/7/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004] Some of the people associated with this office were earlier involved with the Counter Terrorism Evaluation Group, also known as the “Wurmser-Maloof” project (see Shortly After September 11, 2001). They hire “scores of temporary ‘consultants‘… including like-minded lawyers, congressional staffers, and policy wonks from the numerous right-wing think-tanks in the US capital.” Neoconservative ideologues, like Richard Perle, Michael Ledeen, and Newt Gingrich, are afforded direct input into the Office of Special Plans. [Guardian, 7/17/2003; Mother Jones, 1/2004; Vanity Fair, 7/2006, pp. 150] Kwiatkowski later says she saw Ledeen going “in and out of there (OSP) all the time.” [Vanity Fair, 7/2006, pp. 150]
Planning for Post-Saddam Iraq - The official business of Special Plans is to help plan for post-Saddam Iraq. The office’s staff members presumably “develop defense policies aimed at building an international coalition, prepare the secretary of defense and his top deputies for interagency meetings, coordinate troop-deployment orders, craft policies for dealing with prisoners of war and illegal combatants, postwar assistance and reconstruction policy planning, postwar governance, Iraqi oil infrastructure policy, postwar Iraqi property disputes, war crimes and atrocities, war-plan review and, in their spare time, prepare congressional testimony for their principals.” [Insight, 12/2/2003]
Covert Source of 'Alternative' Intelligence - But according to numerous well-placed sources, the office becomes a source for many of the administration’s prewar allegations against Iraq. It is accused of exaggerating, politicizing, and misrepresenting intelligence, which is “stovepiped” to top administration officials who use the intelligence in their policy decisions on Iraq. [Knight Ridder, 8/16/2002; Los Angeles Times, 11/24/2002; New Yorker, 5/12/2003; Inter Press Service, 8/7/2003; Tom Paine (.com), 8/27/2003; American Conservative, 12/1/2003; Mother Jones, 1/2004; Daily Telegraph, 7/11/2004; CNN, 7/11/2004]
'Top Secret' - There are very few news reports in the American mainstream media that report on the office. In fact, the office is reportedly Top Secret. [Bamford, 2004, pp. 308] “We were instructed at a staff meeting that this office was not to be discussed or explained,” Kwiatkowski will later say, “and if people in the Joint Staff, among others, asked, we were to offer no comment.” [American Conservative, 12/1/2003]
Part of a 'Separate Government,' Powell Feels - Colin Powell is said to have felt that Cheney and the neoconservatives in this “Gestapo” office had established what was essentially a separate government. [Washington Post, 4/17/2004] Powell’s former chief of staff, Larry Wilkerson, is even more blunt. “When I say ‘secret cabal,’ I mean ‘secret cabal,’ he says of the White House officials behind the OSP. He compares Cheney, Rumsfeld, and the neoconservatives to the Jacobins, the radical zealots who plunged 18th-century France into the Reign of Terror. “I see them as messianic advocates of American power from one end of the globe, much as the Jacobins in France were messianic advocates of the French Revolution. I don’t care whether utopians are Vladimir Lenin on a sealed train to Moscow or Paul Wolfowitz. You’re never going to bring utopia, and you’re going to hurt a lot of people in the process.” [Unger, 2007, pp. 299-300] Among the claims critics find most troubling about the office are:
Heavy Reliance on Intelligence from Exiles and Defectors - The office relies heavily on accounts from Iraqi exiles and defectors associated with Ahmed Chalabi’s Iraqi National Congress (INC), long considered suspect by other US intelligence agencies. [New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003; Independent, 9/30/2003; Mother Jones, 1/2004] One defector in particular, code-named “Curveball,” provides as much as 98 percent of the intelligence on Iraq’s alleged arsenal of biological weapons. [CNN, 7/11/2004] Much of the information provided by the INC’s sources consists of “misleading and often faked intelligence reports,” which often flow to Special Plans and NESA directly, “sometimes through Defense Intelligence Agency debriefings of Iraqi defectors via the Defense Human Intelligence Service and sometimes through the INC’s own US-funded Intelligence Collection Program, which was overseen by the Pentagon.” [Mother Jones, 1/2004] According to Kwiatkowski, the movement of intelligence from the INC to the Office of Special Plans is facilitated by a Colonel Bruner, a former military aide to Gingrich. [Newsweek, 12/15/2003; Mother Jones, 1/2004; Salon, 3/10/2004] Bruner “was Chalabi’s handler,” Kwiatkowski will tell Mother Jones. “He would arrange meetings with Chalabi and Chalabi’s folks.” [Mother Jones, 1/2004] Kwiatkowski also finds that OSP personnel, along with DIA and CIA officials, are taking part in the debriefing of INC informants. She will recall confronting one DIA officer, John Trigilio, about the practice: “I argued with [Tregilio] after the president’s Cincinnati speech (see October 5, 2002 and October 6, 2002). I told him that the president had made a number of statements that were just not supported by the intelligence. He said that the president’s statements are supported by intelligence, and he would finally say, ‘We have sources that you don’t have.’ I took it to mean the sources that Chalabi was bringing in for debriefing… Trigilio told me he participated in a number of debriefs, conducted in hotels downtown, or wherever, of people that Chalabi brought in. These debriefs had Trigilio from OSP, but also CIA and DIA participated… If [the information] sounded good, it would go straight to the OVP or elsewhere. I don’t put it out of possibility that the information would go straight to the media because of the (media’s) close relationship with some of the neoconservatives. So this information would make it straight out into the knowledge base without waiting for intelligence [analysts] to come by with their qualifications and reservations.” [Middle East Policy Council, 6/2004]
Cherry-Picked Intelligence - The Office of Special Plans purposefully ignores intelligence that undermines the case for war while exaggerating any leads that support it. “It wasn’t intelligence—it was propaganda,” Kwiatkowski will later explain. “They’d take a little bit of intelligence, cherry-pick it, make it sound much more exciting, usually by taking it out of context, often by juxtaposition of two pieces of information that don’t belong together.” [New York Times, 10/24/2002; New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003; Independent, 9/30/2003; Mother Jones, 1/2004] “At the OSP, what they were doing was looking at all the intelligence they could find on WMD. That was the focal point, picking bits and pieces that were the most inflammatory, removing any context that might have been provided in the original intelligence report, that would have caused you to have some pause in believing it or reflected doubts that the intelligence community had, so if the intelligence community had doubts, those would be left out… They would take items that had occurred many years ago, and put them in the present tense, make it seem like they occurred not many years ago… But they would not talk about the dates; they would say things like, ‘He has continued since that time’ and ‘He could do it tomorrow,’ which of course, wasn’t true… The other thing they would do would be to take unrelated events that were reported in totally unrelated ways and make connections that the intelligence community had not made. This was primarily in discussing Iraq’s activities and how they might be related to al-Qaeda or other terrorist groups that might be against us, or against Israel… These kinds of links would be made. They would be made casually, and they would be made in a calculated way to form an image that is definitely not the image that anyone reading the original reports would have. The summaries that we would see from Intelligence did not match the kinds of things that OSP was putting out. So that is what I call propaganda development. It goes beyond the manipulation of intelligence to propaganda development.” [Middle East Policy Council, 6/2004]
No Intelligence Oversight - The OSP bypasses established oversight procedures by sending its intelligence assessments directly to the White House and National Security Council without having them first vetted by a review process involving other US intelligence agencies. [New Yorker, 5/12/2003; Salon, 7/16/2003; Guardian, 7/17/2003; Mother Jones, 1/2004] The people at Special Plans are so successful at bypassing conventional procedures, in part, because their neoconservative colleagues hold key positions in several other agencies and offices. Their contacts in other agencies include: John Bolton, undersecretary of state for arms control and international security; Bolton’s adviser, David Wurmser, a former research fellow on the Middle East at the American Enterprise Institute, who was just recently working in a secret Pentagon planning unit at Douglas Feith’s office (see Shortly After September 11, 2001); Elizabeth Cheney, deputy assistant secretary of state for Near East Affairs; Stephen Hadley, the deputy national security adviser; Elliott Abrams, the National Security Council’s top Middle East aide; and Richard Perle, Newt Gingrich, James Woolsey and Kenneth Adelman of the Defense Policy Board. The office provides very little information about its work to other US intelligence offices. [Salon, 7/16/2003; Guardian, 7/17/2003; Inter Press Service, 8/7/2003]
'Stealth Organization' - Greg Thielmann, the former director of the Strategic, Proliferation and Military Affairs Office at the State Department’s Intelligence Bureau, later says of the OSP: “It was a stealth organization. They didn’t play in the intelligence community proceedings that our office participated in. When the intelligence community met as a community, there was no OSP represented in these sessions. Because, if they had done that, they would have had to subject their views to peer review. Why do that when you can send stuff right in to the vice president?” [Middle East Policy Council, 6/2004; Unger, 2007, pp. 299] Lang will say in January 2004 that what happened was fundamentally different from anything that had happened under previous presidents. Cheney’s staff and allies “behaved as though they had seized control of the government in a ‘silent coup,’” The result, according to Lang, is “a highly corrupted system of intelligence and policymaking, one twisted to serve specific group goals, ends, and beliefs held to the point of religious faith.” [Unger, 2007, pp. 301]
Pressuring Intelligence Analysts - Retired Marine Lieutenant Colonel Dale Davis, who headed the International Programs Department at the Virginia Military Institute until March 2004, and an expert on Middle East affairs, later says he believes intelligence analysts at the CIA and other agencies were pressured indirectly. Davis will say, “By creating the OSP [Office of Special Plans], Cheney was able to say, ‘Hey, look at what we’re getting out of OSP. How come you guys aren’t doing as well? What is your response to what this alternative analysis that we’re receiving from the Pentagon says?’ That’s how you do it. You pressure people indirectly.” Vincent Cannistraro, a former senior counterterrorism official with the CIA, will agree: “Over a long period of time, there was a subtle process of pressure and intimidation until people started giving them what was wanted… When the Senate Intelligence Committee interviewed, under oath, over 100 analysts, not one of them said, ‘I changed my assessment because of pressure.‘… The environment was conditioned in such a way that the analyst subtly leaned toward the conceits of the policymakers… The intelligence community was vulnerable to the aggressiveness of neoconservative policymakers, particularly at the Pentagon and at the VP’s office. As one analyst said to me, ‘You can’t fight something with nothing, and those people had something. Whether it was right or wrong, fraudulent or specious, it almost didn’t make any difference, because the policymakers believed it already, and if you didn’t have hard countervailing evidence to persuade them, then you were at a loss.’” [Middle East Policy Council, 6/2004]
Strong Pro-Israel, Anti-Arab Biases - Lastly, the people involved in Special Plans openly exhibit strong pro-Israel and anti-Arab bias. The problem, note critics, is that the analysis of intelligence is supposed to be apolitical and untainted by ideological viewpoints. [American Conservative, 12/1/2003] According to a CIA intelligence official and four members of the Senate’s Intelligence Committee, Special Plans is the group responsible for the claim Bush will make in his 2003 State of the Union address that Iraq had attempted to procure uranium from an African country (see 9:01 pm January 28, 2003). [Nation, 6/19/2003; Information Clearing House, 7/16/2003]
Personal Grudges against Intelligence Community - The OSP reflects the personal grudges and ill will of many in the Office of the Vice President against the intelligence community, in part because of the CIA’s refusal to give much weight to the claims of Chalabi and the INC. “This had been a fight for such a long period of time, where people were so dug in,” a friend of one of Vice President Cheney’s senior staffers will later reflect. A colleague of the senior staff later says, “They so believed that the CIA were wrong, they were like, ‘We want to show these f_ckers that they are wrong.’” [New Republic, 11/20/2003]
Propaganda - Kwiatkowski will later recall that the OSP generated a large amount of what she terms propaganda, in the form of “talking points” used in briefings and in press conferences. “With the talking points, many of the propagandistic bullets that were given to use in papers for our superiors to inform them—internal propaganda—many of those same phrases and assumptions and tones, I saw in Vice President Cheney’s speeches and the president’s speeches,” she will say. “So I got the impression that those talking points were not just for us, but were the core of an overall agenda for a disciplined product, beyond the Pentagon. Over at the vice president’s office and the [neoconservative news magazine] Weekly Standard, the media, and the neoconservative talking heads and that kind of thing, all on the same sheet of music.” Kwiatkowski identifies Abram Shulsky, a neoconservative academic and recent Pentagon hire, as the source of many of these talking points. [Middle East Policy Council, 6/2004]
Denials, Counter-Accusations after Public Learns of OSP - After the existence of the Office of Special Plans is revealed to the public, the Pentagon will deny that it served as a direct conduit to the White House for misleading intelligence, instead claiming that its activities had been limited to postwar plans for Iraq. [New Yorker, 5/12/2003] And a December 2003 opinion piece published in Insight magazine will call the allegations surrounding the Office of Special Plans the work of conspiracy theorists. [Insight, 12/2/2003]
Entity Tags: Colonel Bruner, Colin Powell, Abram Shulsky, Craig Unger, Office of the Vice President, David Wurmser, Elizabeth (“Liz”) Cheney, Dale Davis, Douglas Feith, Donald Rumsfeld, James Woolsey, John Trigilio, Office of Special Plans, Kenneth Adelman, Stephen J. Hadley, Vincent Cannistraro, Lawrence Wilkerson, Karen Kwiatkowski, Richard Perle, Paul Wolfowitz, Richard (“Dick”) Cheney, Newt Gingrich, Patrick Lang, Greg Thielmann, Elliott Abrams
Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence, Domestic Propaganda
In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).
In an interview with the BBC, Secretary of State Colin Powell states that he favors the return of UN inspectors as a necessary “first step” in dealing with Iraq. He says: “Iraq has been in violation of these many UN resolutions for most of the last 11 or so years. So as a first step, let’s see what the inspectors find, send them back in, why are they being kept out.” Regarding the decision of whether or not the use of military action would be required, he says: “The world has to be presented with the information, with the intelligence that is available. A debate is needed within the international community so that everybody can make a judgment about this.” [Independent, 9/2/2002] His comments directly contradict statements made by Vice President Dick Cheney in a speech to the Commonwealth Club of California in San Francisco on August 7 (see August 7, 2002), and another speech to the Nashville convention of the Veterans of Foreign Wars on August 26 (see August 26, 2002).
White House Insists No Conflict - Interestingly, it also comes one day after Scott McClellan, the White House deputy press secretary, told reporters: “The view of the administration is united and one in the same. We are singing from the same songbook.” [CNN, 8/30/2002] But commentators are concluding otherwise, which spurs another statement from Washington, this one from White House Press Secretary Ari Fleischer, who the next day tells reporters as they accompany him on Air Force One: “There is no difference in position between Cheney, Powell, and President Bush. It’s much ado about no difference.” [CNN, 9/3/2002]
Powell 'Shocked' at Cheney's Remarks - Privately, Powell is “shocked” by Cheney’s statements, according to his chief of staff, Larry Wilkerson. Wilkerson will later recall: “Here we were saying one thing out of one side of our mouth, and here was the vice president speaking to what you might call a semi-official military audience and he was saying the exact opposite. Undercutting every bit of diplomacy before that diplomacy actually got off the ground. And I remember Powell coming back from a principals’ meeting where he had made some remonstrance to the president about what’s going on. And the president had said something which he was wont to say about most things like this. He said, ‘Oh, that’s just Dick.’” [Dubose and Bernstein, 2006, pp. 176-177]
Vice President Cheney and his staff have become increasingly reliant on intelligence from Ahmed Chalabi and the Iraqi National Congress (INC—see Early 2003). Cheney’s senior aide John Hannah, the liaison between Cheney and the INC, has become increasingly invested in the exile group. “He relied on Ahmed Chalabi for insights and advice,” a Bush administration official will later recall. Cheney has himself become an increasingly vocal Chalabi advocate. At a meeting of President Bush’s National Security Council, the State Department and Pentagon officials argue over whether to increase funding to the INC. Cheney, a former NSC staffer will recall, “weighed in, in a really big way. He said, ‘We’re getting ready to go to war, and we’re nickel-and-diming the INC at a time when they’re providing us with unique intelligence on Iraqi WMD.’” The fact that no one else, particularly the CIA, could confirm anything the INC was providing was merely proof that the CIA was recklessly disregarding INC intelligence. The administration official will say that before long, “there was something of a willingness to give [INC- provided intelligence] greater weight” than that offered by the intelligence community. In return, Cheney’s aides tried to inject their intelligence into the CIA’s own conduits. One CIA analyst will recall that both Cheney and his chief of staff, Lewis Libby, “come out there loaded with crap from OSP [the Office of Special Plans—see September 2002], reams of information from Chalabi’s people” on both terrorism and WMD. One of the main channels into the CIA for Cheney and his staff is Alan Foley, the director of the CIA’s Nonproliferation Center. Cheney’s office inundates Foley with questions about Iraq’s nuclear weapons program, particularly about Iraq’s supposed attempts to purchase uranium from Niger (see Between Late 2000 and September 11, 2001, October 15, 2001, October 18, 2001, November 20, 2001, February 5, 2002, March 1, 2002, Late April or Early May 2002-June 2002, and Late June 2002). At first, Foley attempts to push back by “stressing the implausibility of it,” a colleague of Foley’s will recall. But as Cheney and his aides keep pressing, Foley begins to give in. “He was bullied and intimidated,” one of his friends will recall. The pressure on Foley and other analysts is both relentless and hostile. One retired CIA analyst close to current analysts will recall: “It was done along the lines of: ‘What’s wrong with you bunch of assh_les? You don’t know what’s going on, you’re horribly biased, you’re a bunch of pinkos.’” A current analyst later explains, “It gets to the point where you just don’t want to fight it anymore.” [New Republic, 11/20/2003]
Entity Tags: Lewis (“Scooter”) Libby, Alan Foley, Ahmed Chalabi, Bush administration (43), John Hannah, Central Intelligence Agency, Office of Special Plans, Iraqi National Congress, National Security Council, Richard (“Dick”) Cheney
Timeline Tags: Events Leading to Iraq Invasion, US International Relations
As Vice President Cheney and his staff members pressure CIA analysts for the “proper” intelligence findings (see 2002-Early 2003), intelligence analysts grow increasingly resentful towards both Cheney and his staff. In fact, they see little difference between any of them. CIA analysts in particular see them as acting in concert under Cheney’s direction (see Fall 2002 and After). One former analyst will later recall, “When I heard complaints from people, it was, ‘Man, you wouldn’t believe this sh_t that [Lewis] Libby and [Douglas] Feith and [Paul] Wolfowitz do to us.’ They were all lumped together. I would hear them say, ‘G_ddamn, that f_cking John Hannah, you wouldn’t believe.’ And the next day it would be, ‘That f_cking Bill Luti’ (see September 2002). For all these guys, they’re interchangeable.” Another former analyst will later say: “They had power. Authority. They had the vice president behind them.… What Scooter [Libby] did, Cheney made possible. Feith, Wolfowitz—Cheney made it all possible. He’s the fulcrum. He’s the one.” [New Republic, 11/20/2003]
Vice President Cheney, widely acknowledged as a master bureaucrat, uses a variety of bureaucratic strategies to craft his own foreign policy strategies, including the promotion the Office of Special Plans (OSP—see September 2002), simultaneously undercutting and marginalizing the CIA. Many senior intelligence officials have no idea that the OSP even exists. “I didn’t know about its existence,” Greg Thielmann, the director of the State Department’s in-house intelligence agency, the Bureau of Intelligence and Research (INR), will say.
Strategic Placement of Personal, Ideological Allies - Another Cheney strategy is personal placement. He moves his special adviser, neoconservative William Luti, into the OSP. Another influential neoconservative, Abram Shulsky, soon joins Luti there. A longtime associate of both Cheney and Defense Secretary Donald Rumsfeld, Stephen Cambone, becomes a special assistant to Rumsfeld (see Early 2001). Cheney now has his allies at the highest levels of the Pentagon. In Cheney’s office, chief of staff Lewis “Scooter” Libby serves as his liaison with the Pentagon. His chief counsel, David Addington, oversees Cheney’s aggressive and obsessively secretive legal staff. In the National Security Council (NSC), Stephen Hadley, Condoleezza Rice’s deputy, keeps a close eye on Rice in case she shows signs of falling back in with her old mentor, Brent Scowcroft (see August 1998). John Bolton and David Wurmser keep tabs on Colin Powell at the State Department. Cheney has John Yoo (see (After 10:00 a.m.) September 11, 2001) at the Justice Department. Not only does Cheney have highly placed loyalists in the State, Defense, and Justice Department, and in the NSC, he has vital allies in the Republican leadership in Congress.
Managing the Oval Office - Cheney handles the Oval Office himself. A Pentagon official who works closely with Cheney will later observe that President Bush handles the executive branch much as he handled the Texas Rangers baseball team: ignoring much of the daily functions, leaving most policy decisions to others and serving as a “corporate master of ceremonies, attending to the morale of the management team and focusing on narrow issues… that interested him.” Cheney becomes, in author Craig Unger’s words, “the sole framer of key issues for Bush,” the single conduit through which information reaches the president. Cheney, the Pentagon official will later say, “rendered the policy planning, development and implementation functions of the interagency system essentially irrelevant. He has, in matters he has deemed important, governed. As a matter of protocol, good manners, and constitutional deference, he has obtained the requisite ‘check-mark’ of the president, often during one-on-one meetings after a Potemkin ‘interagency process’ had run its often inconclusive course.” [Unger, 2007, pp. 249-250]
Entity Tags: Condoleezza Rice, Stephen A. Cambone, Stephen J. Hadley, Texas Rangers, William Luti, Brent Scowcroft, Abram Shulsky, Central Intelligence Agency, Office of Special Plans, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, David Wurmser, David S. Addington, Craig Unger, National Security Council, John R. Bolton, Greg Thielmann, John C. Yoo, Bureau of Intelligence and Research, George W. Bush, Donald Rumsfeld
Timeline Tags: US International Relations
President Bush invites a group of congressional leaders to have breakfast with him and Cheney in the White House’s private dining room to discuss Iraq. Present at the meeting are Senate Majority Leader Tom Daschle, Senate Minority Leader Trent Lott, Speaker of the House Dennis Hastert, and House Minority Leader Dick Gephardt. Bush tells the lawmakers that he needs a Congressional resolution authorizing military force against Iraq, and he needs it soon. During the meeting, Daschle suggests that it would be better to postpone the debate on such a resolution until after the November elections, so as to take politics out of the equation (see September 19, 2002). According to Daschle, Bush looks at Cheney, who replies with a “half smile.” Then Bush answers, “We just have to do it now.” [New York Times, 9/7/2002; Dean, 2004, pp. 140; Isikoff and Corn, 2006, pp. 23] After the meeting, the lawmakers pass the word that Bush implied new intelligence about Iraq’s nuclear weapons program would be forthcoming. That new information never materializes. [Dean, 2004, pp. 140] In the upcoming days, many Democrats will accuse the Bush administration of attempting to “politicize” the debate on the resolution in order to impact the upcoming midterm elections (see September 25, 2002 and September 26, 2002).
President Bush invites eighteen senior members of the House and Senate to discuss Iraq with him in the White House Cabinet Room. During the discussion, House Majority Leader Dick Armey (R-TX), who is opposed to military action against Iraq, tells the president, “Mr. President, if you go in there, you’re likely to be stuck in a quagmire that will endanger your domestic agenda for the rest of your presidency.” He finishes his comments with a line from Shakespeare that he had gleaned from a country music song: “Our fears make cowards of us all.” Cheney and Bush reply that he should refrain from making public remarks dissenting from the White House’s policy on Iraq, at least until after he has been fully briefed on Iraq. Army agrees. [Isikoff and Corn, 2006, pp. 2]
The Bush administration invites two dozen senators from both parties to the Pentagon to discuss Iraqi policy with Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, and CIA Director George Tenet. [New York Times, 9/7/2002]
Vice President Dick Cheney and CIA Director George Tenet meet with senators Trent Lott (R-Miss), Tom Daschle (S-SD), Dennis Hastert (R-Ill), and Richard Gephardt (D-Mo) and, in the words of Cheney, “share the most sensitive information [on Iraq’s alleged WMDs] with them.” [New York Times, 9/7/2002; Isikoff and Corn, 2006, pp. 30] They show blurry satellite photos of buildings or warehouses that Cheney insists are Iraqi nuclear weapons sites, and shots of drone aircraft presumably capable of attacking Israel with biological and chemical weapons. They also share sketches of tractor trailers that Tenet says are mobile biological weapons factories. Daschle, a former Air Force photo analyst intelligence officer, is skeptical of the photos, but says nothing. [Isikoff and Corn, 2006, pp. 30]
During a meeting at Camp David held with most principal cabinet members but without President Bush, Vice President Cheney argues against asking for a new UN resolution authorizing force against Iraq. Secretary of State Colin Powell argues in favor of getting a new UN resolution. Journalist Bob Woodward, who later has access to some of the participants in the meeting, will comment, “Cheney was beyond hell-bent for action against Saddam. It was as if nothing else existed.” [Woodward, 2002, pp. 245-346]
Jonathan Landay, a reporter for Knight Ridder Newspapers, watches Vice President Cheney’s speech on August 26, 2002, in which Cheney argues that Iraq has weapons of mass destruction and must be confronted soon (see August 26, 2002). Landay is particularly interested in Cheney’s comment, “Many of us are convinced that Saddam Hussein will acquire nuclear weapons fairly soon.” Landay will later recall, “I looked at that and I said, ‘What is he talking about?’ Because, to develop a nuclear weapon you need specific infrastructure and in particular the way the Iraqi’s were trying to produce a nuclear weapon was through enrichment of uranium. Now, you need tens of thousands of machines called centrifuges to produce highly enriched uranium for a nuclear weapon. You’ve gotta house those in a fairly big place, and you’ve gotta provide a huge amount of power to this facility. Could [Saddam Hussein] really have done it with all of these eyes on his country?… So, when Cheney said that, I got on the phone to people, and one person said to me - somebody who watched proliferation as their job - said, ‘The Vice President is lying.’” [PBS, 4/25/2007] Around the same time, John Walcott, chief of Knight Ridder’s Washington bureau, begins hearing from other sources in the military, intelligence community, and foreign service who question the Bush administration’s claims. Most of them are career officials, not political appointees. Walcott will later comment, “These people were better informed about the details of the intelligence than the people higher up in the food chain, and they were deeply troubled by what they regarded as the administration’s deliberate misrepresentation of intelligence, ranging from overstating the case to outright fabrication.” Walcott assigns Landay and Landay’s frequent reporting partner Warren Strobel to talk with these sources. [New York Review of Books, 2/26/2004] On September 6, a story by Landay is published, entitled, “Lack of Hard Evidence of Iraqi Weapons Worries Top US Officials.” It quotes anonymous senior US officials who say that “they have detected no alarming increase in the threat that Iraqi dictator Saddam Hussein poses to American security and Middle East stability.” While it is well known that Iraq is “aggressively trying to rebuild” its weapons programs, “there is no new intelligence that indicates the Iraqis have made significant advances” in doing so. [Knight Ridder, 9/6/2002] But while Knight Ridder publishes 32 newspapers in the US, it has no outlets in New York or Washington, and so it has little impact on the power elite. Additionally, its story is drowned out by a false claim in the New York Times two days later that Iraq is trying to use aluminum tubes to build a nuclear weapon (see September 8, 2002). [PBS, 4/25/2007]
When asked on NBC’s Meet the Press how long US troops would be in Iraq after the expected US invasion, how much it would cost, and whether or not the military operation would be a cakewalk, Vice President Dick Cheney insists that “first of all, no decision’s been made yet to launch a military operation.” Addressing host Tim Russert’s question, he explains, “We clearly would have to stay for a long time,” and admits that it “could be very costly.” [Meet the Press, 9/8/2002; Daily Telegraph, 3/21/2005]
Vice President Dick Cheney is interviewed on NBC’s Meet the Press to discuss the Bush administration’s position on Iraq and the alleged threat Iraq poses to the world. “[B]ased on intelligence that’s becoming available—some of it has been made public [referring to the recent New York Times story—see September 8, 2002 ]—… he has indeed stepped up his capacity to produce and deliver biological weapons,… he has reconstituted his nuclear program to develop a nuclear weapon,… there are efforts under way inside Iraq to significantly expand his capability.… [H]e now is trying, through his illicit procurement network, to acquire the equipment he needs to be able to enrich uranium to make the bombs.… There’s a story in The New York Times this morning… [I]t’s now public that, in fact, he has been seeking to acquire, and we have been able to intercept and prevent him from acquiring through this particular channel, the kinds of tubes that are necessary to build a centrifuge. And the centrifuge is required to take low-grade uranium and enhance it into highly enriched uranium, which is what you have to have in order to build a bomb. This is a technology he was working on back, say, before the Gulf War. And one of the reasons it’s of concern,… is… [that] we know about a particular shipment. We’ve intercepted that. We don’t know what else—what other avenues he may be taking out there, what he may have already acquired. We do know he’s had four years without any inspections at all in Iraq to develop that capability.… [W]e do know, with absolute certainty, that he [Saddam Hussein] is using his procurement system to acquire the equipment [aluminum tubes] he needs in order to enrich uranium to build a nuclear weapon.” Cheney says the US intends to work with the international community, but hints that the US is willing to confront Saddam without international support. “We are trying very hard not be unilateralist,” he says. “We are working to build support with the American people, with the Congress, as many have suggested we should. And we are also as many of us suggested we should, going to the United Nations, and the president will address this issue.… We would like to do it with the sanction of the international community. But the point in Iraq is this problem has to be dealt with one way or the other.” [Meet the Press, 9/8/2002; Washington File, 9/9/2002; Washington Post, 2/7/2003; Australian Broadcasting Corporation, 10/27/2003; New York Times, 10/3/2004] Authors Lou Dubose and Jake Bernstein will later write of Cheney’s remarks: “Taken together [with Cheney’s recent speech to the VFW—see August 26, 2002], the vice president’s warnings made a compelling case for war. They were, however, entirely untrue. Yet they reframed the terms of the Iraq debate, leading the public to the conclusion that the question should not be ‘if’ but rather ‘when’ the nation goes to war in Iraq.” [Dubose and Bernstein, 2006, pp. 176]
The White House Iraq Group (WHIG—see August 2002) launches its Iraq marketing campaign with a blitz of the Sunday morning talk shows. Vice President Dick Cheney appears on NBC (see September 8, 2002 and September 8, 2002), Secretary of State Colin Powell on Fox (see September 8, 2002), Defense Secretary Donald Rumsfeld on CBS (see September 8, 2002), and National Security Adviser Condoleezza Rice on CNN (see September 8, 2002). Rice is the first to use the characterization, “We don’t want the smoking gun to be a mushroom cloud” (see September 4, 2002), but President Bush and his senior officials repeat the phrase over and over in the following days. Author Craig Unger will note “Cheney’s most Machiavellian flourish” in having all four officials cite “evidence” of Iraq’s nuclear program, suspicious aluminum tubes, and attribute the information to the New York Times. Cheney and the others are referring to a story by the Times’ Judith Miller and Michael Gordon (see September 8, 2002) that Iraq had tried “to buy thousands of specially designed aluminum tubes” that American experts believe could be used in centrifuges to enrich uranium for nuclear weapons. The story is attributed to “unnamed administration sources;” Miller and Gordon do not inform their readers that the story comes from Cheney’s office. In essence, Cheney planted disinformation in the New York Times, then cited the Times article to prove his contention. Gordon will later insist that he and Miller had to pry that story out of the administration, but Unger will note that it is hard to equate Gordon’s contention with four of the administration’s highest officials going on television simultaneously to spread the story and cite the Times article. Furthermore, because of the scheduling practices on the four networks, it appears that the four officials’ simultaneous appearances were arranged in advance. As the Times is the flagship newspaper of the US press, over 500 other newspapers and broadcast outlets pick up on the Times story and the officials’ appearances, giving the story tremendous visibility throughout the world. [Unger, 2007, pp. 252-254]
Entity Tags: George W. Bush, Condoleezza Rice, Colin Powell, CNN, CBS News, Craig Unger, Judith Miller, Donald Rumsfeld, Richard (“Dick”) Cheney, NBC News, New York Times, Michael Gordon, White House Iraq Group, Fox News
Timeline Tags: Events Leading to Iraq Invasion
In another statement on NBC’s Meet the Press (see September 8, 2002, September 8, 2002, and September 8, 2002), Vice President Dick Cheney strongly implies that Iraq was behind the 9/11 attacks. “I’m not here today to make a specific allegation that Iraq was somehow responsible for 9/11,” Cheney says. “I can’t say that.” As author Frank Rich will later write, “Then he made unspecific allegations suggesting exactly that.” Cheney specifically alludes to the allegation that 9/11 hijacker Mohamed Atta had met with Iraqi officials in Prague (see Late July 2002 and October 21, 2002). [Rich, 2006, pp. 59]
Vice President Cheney continues to argue his case for war with Iraq, this time during an appearance on PBS’s “News Hour with Jim Lehrer.” “We know based on primarily intelligence reporting [that Saddam Hussein] is continuing to expand and improve his biological weapons capability both in terms of production and delivery systems; we know he is working once again on a nuclear program.” Cheney goes on to say that Congress would have to make a decision on whether to authorize an attack on Iraq without being able to see the evidence that Cheney says exists. To brief Congress—535 lawmakers—about such “highly classified” matters would invite leaks that would potentially compromise national security. Instead, lawmakers who do not sit on the respective intelligence committees will have to make their decisions based on the limited amount of information the White House chooses to share with them. [Savage, 2007, pp. 157, 357]
Vice President Dick Cheney, appearing on CNN’s American Morning, says: “I think that the people of Iraq would welcome the US force as liberators; they would not see us as oppressors, by any means.” [American Morning with Paula Zahn, 9/9/2002]
Nicolo Pollari, chief of SISMI, Italy’s military intelligence service, meets briefly with US National Security Council officials. [Il Foglio (Milan), 10/28/2005] Present at the meeting are National Security Adviser Condoleezza Rice; her deputy, Stephen Hadley; and other US and Italian officials. [La Repubblica (Rome), 10/25/2005; American Prospect, 10/25/2005; La Repubblica (Rome), 10/26/2005; Los Angeles Times, 10/28/2005; AGI online, 10/29/2005]
Mysterious 'Courtesy Call' - Pollari can presumably set the record straight on the question of whether Iraq is trying to purchase aluminum tubes for manufacturing rockets or for use in building muclear weapons (see Between April 2001 and September 2002, April 11, 2001, July 25, 2002, September 24, 2002, October 1, 2002, Between December 2002 and January 2003, January 11, 2003, and March 7, 2003)—the aluminum tubes in question are exactly the same as the Italians use in their Medusa air-to-ground missile systems (see December 2002). Apparently Iraq is trying to reproduce “obsolete” missile systems dating back to when Italy and Iraq engaged in military trade. Pollari could also discuss the documents alleging that Iraq and Niger entered into a secret uranium deal (see Between Late 2000 and September 11, 2001), a set of documents originally promulgated by SISMI and now thoroughly discredited (see February 5, 2003). But apparently Pollari discusses none of this with White House officials. Hadley, who hosts the meeting with Pollari, will refuse to say what they discuss, except to label Pollari’s visit “just a courtesy call,” and will add, “Nobody participating in that meeting or asked about that meeting has any recollection of a discussion of natural uranium, or any recollection of any documents passed.”
Meeting with Hadley, Not Tenet, Significant - Author Craig Unger will write in 2007 that the real significance of the meeting is that Pollari meets with Hadley (widely considered an ally of Vice President Dick Cheney), and not with Pollari’s counterpart, CIA Director George Tenet. Former CIA officer Philip Giraldi later says, “It is completely out of protocol for the head of a foreign intelligence service to circumvent the CIA. It is uniquely unusual.” Of the Iraq-Niger documents, Giraldi will say, “In spite of lots of people having seen the documents, and having said they were not right, they went around them.” Former CIA and State Department analyst Melvin Goodman will concur. “To me there is no benign interpretation of” the Pollari-Hadley meeting, Goodman will say. “At the highest level it was known that the documents were forgeries. Stephen Hadley knew it. Condi Rice [Hadley’s supervisor] knew it. Everyone at the highest level knew.” Neoconservative columnist, author, and former Italian intelligence asset Michael Ledeen, who has close ties with both Pollari and Hadley and may have played a part in producing the Iraq-Niger forgeries (see December 9, 2001). will deny setting up the meeting. And a former CIA official speaking on Tenet’s behalf will say that Tenet has no information to suggest that Pollari or elements of SISMI were trying to circumvent the CIA and go directly to the White House. [Unger, 2007, pp. 258-259] (In 2006, history professor Gary Leupp will write that Ledeen is the informal liaison between SISMI and the Office of Special Plans—see September 2002). [CounterPunch, 11/9/2005]
Downplaying Significance of Meeting - The Bush administration later insists the meeting was of little importance. Frederick Jones, a National Security Council spokesman, describes the meeting as a courtesy call of 15 minutes or less. He also says, “No one present at that meeting has any recollection of yellowcake [uranium oxide] being discussed or documents being provided.” [New York Times, 10/28/2005]
Meeting Remains Secret until 2005 - This meeting is not reported until 2005, when Italy’s La Repubblica reports that a meeting—arranged through a backchannel by Gianni Castellaneta, the Italian prime minister’s diplomatic advisor—took place between Pollari and Hadley on this date. The report is refuted by Italy which insists it was actually a short meeting between Pollari and Rice. Italy says that although Hadley was present, he was really not part of the meeting. [AGI online, 10/29/2005] It is not clear from the reporting, however, if the meeting acknowledged by Italy and Washington, is in fact the same meeting reported by La Repubblica.
Entity Tags: Michael Ledeen, Craig Unger, George J. Tenet, Gianni Castellaneta, Condoleezza Rice, Richard (“Dick”) Cheney, Bush administration (43), Central Intelligence Agency, Stephen J. Hadley, Nicolo Pollari, Philip Giraldi, SISMI
Timeline Tags: Events Leading to Iraq Invasion, Niger Uranium and Plame Outing
An article in the Boston Globe suggests that neoconservatives in the Bush administration see war in Iraq as “merely a first step” in transforming the entire Middle East. Paul Wolfowitz, Douglas Feith, John Hannah, I. Lewis Libby, and John Bolton are said to be some of the top officials pushing this view. “Iraq, [they] argue, is just the first piece of the puzzle. After an ouster of Hussein, they say, the United States will have more leverage to act against Syria and Iran, will be in a better position to resolve the Israeli-Palestinian conflict, and will be able to rely less on Saudi oil.” Vice President Dick Cheney also mentioned this motive in a speech in August, saying, “When the gravest of threats are eliminated, the freedom-loving peoples of the region will have a chance to promote the values that can bring lasting peace” (see August 26, 2002). The article also says: “A powerful corollary of the strategy is that a pro-US Iraq would make the region safer for Israel and, indeed, its staunchest proponents are ardent supporters of the Israeli right-wing. Administration officials, meanwhile, have increasingly argued that the onset of an Iraq allied to the US would give the administration more sway in bringing about a settlement to the Israeli-Palestinian conflict, though Cheney and others have offered few details on precisely how.” One US official says, “Maybe we do stir the pot and see what comes up.” Former CIA analyst and Iraq expert Judith Yaphe is critical, saying: “There are some people who religiously believe that Iraq is the beginning of this great new adventure of remapping the Middle East and all these countries. I think that’s a simplistic view.” Jessica T. Mathews, president of Carnegie Endownment for International Peace, a Washington policy group, is also critical. “The argument we would be starting a democratic wave in Iraq is pure blowing smoke,” Mathews says. “You have 22 Arab governments and not one has made any progress toward democracy, not one. It’s one of the great issues before us, but the very last place you’d suspect to turn the tide is Iraq. You don’t go from an authoritarian dictatorship to a democracy overnight, not even quickly.” But one anonymous senior US official says: “There are people invested in this philosophy all throughout the administration. Some of the strongest voices are in [the State Department].” [Boston Globe, 9/10/2002]
The government raises the National Alert Level to orange, the second highest level possible. This is the first time such an alert has been raised since 9/11. The government temporarily closes for public business about two dozen US diplomatic posts worldwide. Officials say there is no specific known threat against targets in the US. [Washington Post, 9/10/2002] President Bush personally makes the announcement while Vice President Cheney flees to a “secure location.” Attorney General John Ashcroft warns that the threat targets “transportation and energy sectors.” No specific details on the nature or targets of the threat are supplied. The heightened terror alert coincides with the president’s address to the nation from Ellis Island on the first anniversary of 9/11 (see September 11, 2002 and Before). [Rolling Stone, 9/21/2006 ]
Two days before the CIA is to issue an assessment (see August 2002) on Iraq’s supposed links to militant Islamic groups, Defense Department officials working in the Office of Special Plans (OSP) deliver a briefing in the White House to several top officials, including I. Lewis Libby, Vice President Dick Cheney’s chief of staff, and Deputy National Security Adviser Stephen Hadley. The briefing is entitled “Assessing the Relationship between Iraq and al-Qaeda,” and is an updated version of a briefing presented in July 2002 (see July 25, 2002). The OSP, working under Undersecretary of Defense for Policy Douglas J. Feith, is aggressively promoting any evidence it can find to support a decision to invade Iraq (see September 2002).
The briefing claims that the relationship between Iraq and al-Qaeda is “mature” and “symbiotic,” and marked by shared interests.
It lists cooperation in 10 categories, or “multiple areas of cooperation,” including training, financing, and logistics. [Savage, 2007, pp. 292; New York Times, 4/6/2007; Washington Post, 4/6/2007]
An alleged 2001 meeting in Prague between an Iraqi spy and 9/11 hijacker Mohamed Atta is listed as one of eight “Known Iraq-Al-Qaeda Contacts.” It claims that there is a “known contact” between Atta and the Iraqi intelligence agency, a claim already rejected by the CIA. [Savage, 2007, pp. 293; Washington Post, 4/6/2007]
The briefing claims that “Fragmentary reporting points to possible Iraqi involvement not only in 9/11 but also in previous al-Qaeda attacks.” [Washington Post, 4/6/2007]
It includes a slide criticizing the rest of the US intelligence community, which says there are “fundamental problems” with CIA intelligence gathering methods. It claims other intelligence agencies assume “that secularists and Islamists will not cooperate, even when they have common interests,” and there is a “consistent underestimation of importance that would be attached by Iraq and al-Qaeda to hiding a relationship.” [Daily Telegraph, 7/11/2004; Newsweek, 7/19/2004; Savage, 2007, pp. 293; Washington Post, 4/6/2007]
Around the same time, the briefing is also presented with slight variations to Defense Secretary Donald Rumsfeld and CIA Director George Tenet. The slide criticizing other intelligence agencies is excluded when a version of the briefing is given to Tenet. A later report by the Defense Department’s Office of Inspector General will conclude the briefing was entirely incorrect and deliberately ignored intelligence by the CIA, DIA, and other intelligence agencies that contradicted its conclusions (see February 9, 2007). [Washington Post, 4/6/2007] The CIA has already found the majority of the information in the presentation either completely false or largely unsupported by reliable evidence. [Savage, 2007, pp. 293]
Unusual Briefing - This briefing, delivered at the same time the White House is pressing Congress to authorize the upcoming war with Iraq (see October 11, 2002), is, in the words of author and reporter Charlie Savage, “highly unusual.” Usually, high-level administration officials making national security decisions rely on information vetted by top-flight analysts at the CIA, in order to ensure the information is as accurate and politically neutral as possible. No CIA analyst has ever found a meaningful link between Hussein and al-Qaeda; the few reports of such claims were seen as highly dubious. But Cheney and his supporters consider the CIA slow, pedantic, and incompetent, and believe Feith’s OSP can provide better—or at least more amenable—intelligence. Savage will write: “In Feith’s shop and elsewhere in the executive branch, neoconservative political appointees stitched together raw intelligence reports, often of dubious credibility, without any vetting or analysis by professional intelligence specialists. The officials cherry-picked the files for reports that supported the notion that Iraq had an active [WMD] program and that it was working hand-in-hand with al-Qaeda, ‘stovepiping’ such reports to top decision makers (and leaking them to the press) while discounting any skepticism mounted by the professionals.” [Savage, 2007, pp. 292]
Dismantling Intelligence Filtering System in Favor of Politically Controlled Intelligence Provisions - What the presentation accomplishes, according to former CIA intelligence analyst Kenneth Pollock, is to support a conclusion already drawn—the need to get rid of Saddam Hussein—by using slanted, altered, and sometimes entirely fabricated “intelligence.” The White House proceeded to “dismantle the existing filtering process that for 50 years had been preventing the policymakers from getting bad information.” Savage goes one step farther. He will write that the presentation is part of a larger White House strategy to alter the balance of power between the presidency and a key element of the bureaucracy. By setting up a politically controlled alternative intelligence filtering system, he will write, “the administration succeeded in diminishing the power of the CIA’s information bureaucracy to check the White House’s desired course of action.” [Savage, 2007, pp. 294]
The French arrange a backchannel meeting between a friend of Iraqi Foreign Minister Naji Sabri Hadithi and the CIA’s station chief in Paris, Bill Murray. Sabri’s friend, a Lebanese journalist, tells Murray that Sabri would be willing to provide the CIA with accurate information on Iraq’s weapons of mass destruction program in exchange for $1 million. The CIA agrees to advance the journalist $200,000. [Isikoff and Corn, 2006, pp. 45; MSNBC, 3/21/2006] When CIA Director George Tenet announces the deal during a high-level meeting at the White House—attended by President Bush, Vice President Cheney, and National Security Adviser Condoleezza Rice—the news is greeted with enthusiasm. “They were enthusiastic because they said, they were excited that we had a high-level penetration of Iraqis,” Tyler Drumheller, the agency’s head of spying in Europe, later tells 60 Minutes. [CBS News, 4/23/2006] But Sabri does not tell the CIA what the White House is expecting to hear. In a New York hotel room, the Lebanese journalist says that according to Sabri Iraq does not have a significant, active biological weapons program. He does however acknowledge that Iraq has some “poison gas” left over from the first Gulf War. Regarding the country’s alleged nuclear weapons program, Sabri’s friend says the Iraqis do not have an active program because they lack the fissile material needed to develop a nuclear bomb. But he does concede that Hussein desperately wants one. [Isikoff and Corn, 2006, pp. 62-63; MSNBC, 3/21/2006] “He told us that they had no active weapons of mass destruction programs,” Drumheller, will recall. [Unger, 2007, pp. 246-247] The White House immediately loses interest in Sabri as a source after the New York meeting. Sabri, Bush says, is merely telling the US “the same old thing.” The CIA continues to corroborate material provided to the agency by Sabri. Wiretaps on Sabri’s phone conversations by French intelligence back up Sabri’s claims, but Bush could not care less. “Bush didn’t give a f_ck about the intelligence,” a CIA officer will later say. “He had his mind made up.” CIA agent Luis (whose full name has never been disclosed) and John Maguire, the chief and deputy chief of the Iraq Operations Group, also lose interest in the lead. In one confrontation between Maguire and Murray, Maguire allegedly says: “One of these days you’re going to get it. This is not about intelligence. This is about regime change.” Drumheller will agree, saying the White House is “no longer interested.… They said, ‘Well, this isn’t about intel anymore. This is about regime change.’” [MSNBC, 3/21/2006; CBS News, 4/23/2006; Unger, 2007, pp. 246-247]
At a political fund-raising event, Vice President Dick Cheney alleges that there is a “well-established pattern of cooperation between Iraq and terrorists.” This comes just four days after a briefing to Cheney’s staff by the Defense Department’s Office of Special Plans, which is aggressively pushing allegations of al-Qaeda-Iraq links (see September 16, 2002). [Washington Post, 4/6/2007]
Senate Majority Leader Tom Daschle (D-SD) accuses Vice President Dick Cheney of politicizing the Iraq debate by urging an audience in Kansas to vote for a GOP congressional candidate because he supports President Bush on the issue (see September 10, 2002 and September 24, 2002). Dashcle says, “I must say that I was very chagrined that the vice president would go to a congressional district yesterday and make the assertion that somebody ought to vote for this particular Republican candidate because he was a war supporter and that he was bringing more support to the president than his opponent. If that doesn’t politicize this war, I don’t know what does.” Cheney was campaigning on behalf of Republican House candidate Adam Taff, running against incumbent Democrat Dennis Moore. Cheney told the audience of Taff supporters that the US “must not look the other way as threats gather against the American people” and that the “entire world knows beyond dispute that Saddam Hussein holds weapons of mass destruction in large quantities.… President Bush and I are grateful for the opportunity to serve our country. We thank you for your support—not just for our efforts, but for good candidates like Adam Taff who will be a fine partner for us in the important work ahead.” Senator Dick Durbin (D-IL) says, “It goes to the question of what the goal is here. Is it regime change in Iraq or regime change in the Senate?… If this is really designed to be dragged out to get it closer to the election and to obscure every other issue including the limited success of our war against terrorism and the economy, then I don’t give it much hope.” [CNN, 9/25/2002]
Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]
Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush
Timeline Tags: Torture of US Captives, Civil Liberties
Tom Daschle. [Source: Salon]Senate Majority Leader Tom Daschle blasts the Bush administration for trying to use the debate over the Iraq war resolution for political purposes, and for smearing the patriotism of Democrats who question the need for the resolution. After reading through a number of statements by White House and Congressional Republicans, including one from President Bush who said Senate Democrats were “not interested in the security of the American people,” the usually conciliatory and soft-spoken Daschle retorts, “‘Not interested in the security of the American people’? You tell Senator [Daniel] Inouye he’s not interested in the security of the American people. You tell those who fought in Vietnam and in World War II they’re not interested in the security of the American people. That is outrageous. Outrageous. The president ought to apologize.” Inouye (D-HI) lost his arm while fighting in World War II. Daschle also cites a Republican pollster who says war as a political issue could tip the elections in favor of the Republicans, references Dick Cheney’s use of Iraq as an issue to promote the campaign of a GOP House candidate in Kansas (see September 25, 2002), and recalls White House Chief of Staff Andrew Card’s statement that “from a marketing point of view,” it makes sense to raise the issue of Iraq after Labor Day when lawmakers would be back from their August break (see September 6, 2002). White House press secretary Ari Fleischer counters that Daschle is taking Bush’s comment out of context, and is relying on erroneous or misleading press releases to make his charges. Fleischer advises to “take a deep breath,” “stop finger-pointing,” and join Bush in “protect[ing] our national security and our homeland defense.” Daschle responds to Fleischer’s comments by saying there is “no context” in which Bush or any other Republican can fairly question whether Senate Democrats are interested in national security. He says the White House’s explanation of Bush’s remarks are “not worth the paper they’re printed on.” Senate Minority Leader Trent Lott (R-MS) charges that Daschle and his fellow Democrats are unfairly attacking the president. “Who is the enemy here, the president of the United States or Saddam Hussein? [Daschle] needs to cool the rhetoric.” Senator Robert Byrd (D-WV) retorts, “There is nothing more sobering than the decision to go to war. But the administration has turned the decision into a bumper-sticker election theme.” [CNN, 9/26/2002]
Iraqi UAV prototype. [Source: CIA]Vice President Dick Cheney invites House Majority Leader Dick Armey (R-TX) to his private office in the Capitol building to discuss the administration’s intelligence on Iraq. Armey has been a silent skeptic of the administration’s case for war, and Cheney wants to win him over. As reporters David Corn and Michael Isikoff note in their book Hubris, Armey is “the number two Republican in the House. If he broke ranks, that would be a problem. So Cheney was dispatched to do the job himself.” But Armey is unconvinced with Cheney’s presentation, which includes pictures of the aluminum tubes, satellite images of alleged weapons sites, sketches of mobile weapons labs, and photos of UAVSs. The pictures could have been of anything, he later recalls. “It wasn’t very convincing. If I’d gotten the same briefing from President Clinton or Al Gore, I probably would have said, ‘Ah, bullsh_t.’ But you don’t do that with your own people.” In spite of his doubts, Armey does not challenge Cheney. Nor does he commit to support the resolution in Congress that will authorize the president to take military action against Iraq. [Isikoff and Corn, 2006, pp. 124-125]
President Bush receives a one-page, highly classified “President’s Summary” of the US intelligence community’s new National Intelligence Estimate on Iraq (see October 1, 2002). The summary discusses the high-strength aluminum tubes that many administration and Pentagon officials believe are being used to help Iraq construct a nuclear weapon. Both the Energy Department (DOE) and the State Department’s Bureau of Intelligence and Research (INR) believe the tubes are “intended for conventional weapons,” contradicting the view of other intelligence agencies, including the CIA and DIA. The public will not be told of Bush’s personal knowledge of the DOE and INR dissents until March 2006. National Security Adviser Condoleezza Rice and other senior officials will try to explain the administration’s stance on Iraq’s nuclear program by asserting that neither Bush, Vice President Cheney, nor Rice ever saw the dissents. For months, Bush, Cheney, Rice, Secretary of State Colin Powell (see February 5, 2003), and others will cite the tubes as indisputable proof of an Iraqi nuclear program. US inspectors will discover, after the fall of the Iraqi regime, that the nuclear program had been dormant for over ten years, and the aluminum tubes used only for artillery shells.
Inquiry - The Bush administration will refuse to release the summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about Iraq’s nuclear weapons program. A senior official calls it the “one document which illustrates what the president knew and when he knew it.” It is likely that Bush never read the dissents in the report itself, as administration officials will confirm they do not believe Bush would have read the entire NIE, and it is likely that he never made it to the dissents, in a special text box positioned well away from the main text of the report. However, the one-page summary was written specifically for Bush, was handed to Bush by then-CIA director George Tenet, Bush read the summary in Tenet’s presence, and the two discussed the subject at length. Cheney was given virtually the same information as Bush concerning every aspect of the intelligence community’s findings on Iraq. Nevertheless, Bush and other officials (see July 11, 2003) will claim for months that they were unaware of the dissents. [National Journal, 3/2/2006]
Chief UN inspector Hans Blix and Mohamed ElBaradei, the director general of the UN International Atomic Energy Agency, send a letter to the Iraqi government, which lists conclusions they had drawn from the October 1 meeting with Iraqi arms officials (see October 1, 2002). The letter asks that Iraqi officials respond with a letter confirming these conclusions. But the inspectors’ letter actually includes additional conditions not discussed during the October 1 meeting, such as the right of inspectors to conduct interviews and choose “the mode and location” for them as well as the right for UN member states to fly U-2 spy planes over Iraq. [Reuters, 10/12/2002]
Iraqi Response 'Another Example of Evasion' - Iraqi officials respond to the request on October 11 with a letter signed by Amir Hammudi al-Saadi, an adviser to Saddam Hussein. The letter agrees only to the conditions that were agreed upon during the October 1 meeting. [New York Times, 10/12/2002; Reuters, 10/12/2002; New York Times, 10/12/2002] The Bush administration seizes on the Iraqi response, calling it another example of evasion. “We are not surprised that once again the Iraqis want to delay and deceive.… We’ve had 16 resolutions and 11 years of playing this game, and it’s time the Security Council takes action,” says Richard Grenell, spokesman for US Ambassador John Negroponte. [New York Times, 10/12/2002]
Threat from White House - When Blix and ElBaradei discuss the issue with Vice President Cheney, he will threaten to ‘discredit’ them if they do not support the US position (see October 11, 2002).
A tentative congressional deal to create an independent commission to investigate the 9/11 attacks falls apart hours after the White House objected to the plan (it appears Vice President Cheney called Republican leaders and told them to renege on the agreement [New York Times, 11/2/2002] ). Bush had pledged to support such a commission a few weeks earlier (see September 20, 2002), but doubters who questioned his sincerity appear to have been proven correct. Hours after top Republican leaders announced at a press conference that an agreement had been reached, House Republican leaders said they wouldn’t bring the legislation to the full House for a vote unless the commission proposal was changed. There are worries that if the White House can delay the legislation for a few more days until Congress adjourns, it could stop the creation of a commission for months, if not permanently. [New York Times, 10/11/2002] Another deal is made a few weeks later (see November 15, 2002) and the commission goes forward.
Chief UN weapons inspector Hans Blix and Mohamed ElBaradei, the director general of the UN International Atomic Energy Agency, meet with White House officials to discuss the status of the UN inspections of alleged Iraqi WMD stockpiles (see October 8 and 11, 2002). The White House opposes further inspections, while the UN and IAEA feel further inspections could be valuable even in light of Iraqi duplicity. Blix will later recall that he and ElBaradei were surprised that they met first with Vice President Cheney before meeting with President Bush. Blix assumes that the meeting with Cheney is “sort of a courtesy call.” Instead, Cheney lays out the US position in stark terms. As Blix will later recall: “Much of it was a fairly neutral discussion, but at one point [Cheney] suddenly said that you must realize that we will not hesitate to discredit you in favor of disarmament. It was a little cryptic. That was how I remembered it, and I think that’s also how Mohamed [ElBaradei] remembered it. I was a little perplexed, because it was a total threat, after all, to talk about the discrediting of us. Later, when I reflected on it, I think what he wanted to say was that if you guys don’t come to the right conclusion, then we will take care of the disarmament.” [Vanity Fair, 2/2009]
The Bush administration disagrees with the United Nations and other member states over what precisely should qualify as a “material breach” of UN Resolution 1441 (see November 8, 2002). The UN and other nations believe that only serious violations should count. The US, however, takes the position that any violation, no matter how small, should be considered a material breach and thus sufficient cause for using military force against Iraq. The difference in opinion is acknowledged by UN Secretary-General Kofi Annan, who says, “The US does seem… to have a lower threshold than others may have” to justify the use of military force. He also says, “I think the discussion in the council made it clear we should be looking for something serious and meaningful, and not for excuses to do something.” President Bush, reflecting the stance of his hawkish advisors, says the Security Council should have “zero tolerance,” implying that even minor infractions could be considered a “material breach.” [Washington Post, 11/17/2002 Sources: US and UN officials] Colin Powell and Vice President Cheney contend that the delay of, or omissions and inaccuracies in, Iraq’s early December declaration would constitute a breach. Iraq is warned to this effect. [Evening News With Dan Rather, 11/21/2002; Observer, 12/8/2002] During a dinner meeting on November 18, Hans Blix reminds a close aide to Saddam Hussein that a failure to meet the deadline would be considered by the United States to be a “material breach.” [Independent, 11/20/2002]
The cover of ‘Bush at War.’ [Source: Amazon (.co.uk)]Author and famed reporter Bob Woodward’s book Bush at War is published.
Unprecedented Access - Woodward, who made his reputation uncovering the Watergate conspiracy from 30 years before (see June 15, 1974), is no longer an unknown young reporter working to find sources that will confide in him. Now he is an established Washington insider. For this book, Woodward was granted “unprecedented access” to Bush administration officials, including notes from National Security Council meetings and two long interviews with President Bush himself, far more access than even that granted to the 9/11 Commission and Congressional inquiries into other events of interest. Former Republican House Speaker Newt Gingrich will find this level of access inexplicable, saying that “it makes no sense for an administration that has jealously guarded its executive privilege to allow a reporter the access it denies to members of Congress.”
Hagiographic Account - The Observer’s Peter Preston calls Woodward’s book a “more-or-less instant study of the White House after 9/11,” and writes that while Woodward could have created “a classic of investigative journalism,” instead he gave us a compendium of “painful, obsessively useless detail” that generally paints the picture the White House wants painted. If Woodward’s book is to be believed, Preston writes, the Colin Powell moderates and the Dick Cheney hawks “had their snappy moments, but they’re OK-ish now.” CIA Director George Tenet “is a far-sighted man” who not only immediately divined that Osama bin Laden was behind the attacks, but while the towers were still burning, wondered if the attacks had anything to do with “that guy taking pilot training,” Zacarias Moussaoui. Iraq war planner General Tommy Franks usually feels “finer than the hair on a frog’s back.” Former President Clinton’s “weak-willed men used to ‘pound the desert’ ineffectually, while his brilliant successors like to hit something, if at all possible.” And President Bush “is bright and talented and eloquent and decisive,” who runs National Security Council meetings himself and knows all he needs to know about the state of the world (Woodward quotes Bush as saying, “I’m not a textbook player—I’m a gut player”). Both Preston and author Frank Rich accuse Woodward of “burnishing” Bush’s image at the expense of the truth. A few potentially embarrassing tidbits manage to poke their way through what both Preston and Rich call the “hagiography,” mostly relating to senior administration officials’ lack of knowledge about Afghan tribal politics and the lack of evidence tying Saddam Hussein to the 9/11 attacks. But all told, the book seems to tell a clear story: where Clinton was indecisive, Bush is forthright; where Clinton muddled around with bin Laden and Middle East terrorism, Bush is taking the war straight into the heart of the Islamist redoubt. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] The book gives such a favorable impression of Bush and his administration that the Republican National Committee will recommend it on its Web site. [New York Times, 11/12/2006]
Selective Reporting - The administration officials who talked to Woodward are painted in largely glowing terms, while those who did not (including Attorney General John Ashcroft and Homeland Security head Tom Ridge) are, in Preston’s words, “written out of the script.” Potentially embarrassing incidents such as the administration’s complete failure to find the source of the anthrax mailings of 2001 (see September 17-18, 2001 and October 5-November 21, 2001) and the ineffective roundup of thousands of Middle Eastern “terror suspects” after 9/11 (see Late November, 2001) are ignored entirely. The pivotal Afghan battle of Tora Bora, where bin Laden was allowed to escape US clutches (see Mid-November 2001-Mid-December 2001), gets two paragraphs. [Observer, 12/1/2002; Rich, 2006, pp. 66-67] Guardian reviewer Peter Symon notes that Woodward even fails to ask the most “obvious questions” about the 9/11 attacks, instead accepting the administration’s accounts of events and its responses as absolute and unquestionable. [Guardian, 1/29/2003] Rich notes that Woodward grants Bush and his officials tremendous individual credence, taking their word on one issue after another without question: for example, when Bush calls investigative journalist Seymour Hersh “a liar,” Woodward takes Bush’s word without giving Hersh a chance to respond. More generally, Woodward never asks the obvious follow-up questions. Bush explains why the US didn’t attack Afghanistan and Iraq simultaneously after the 9/11 attacks: “If we tried to do too many things… militarily, then… the lack of focus would have been a huge risk.” Rich notes, “The follow-up question that was not to be found in Bush at War was simple enough: If it was a huge risk to split our focus between Saddam and al-Qaeda then, why wasn’t it now?” Preston concludes: “Maybe the Woodward of three decades ago would have given [the Bush administration more intense scrutiny]. No longer. Today’s Woodward, eight bestsellers later, skates breathlessly from interview to interview and notepad to notepad without ever, seemingly, stopping to think, ‘Why am I being told all this? What does it mean?’ It isn’t investigation, just cross-referenced compilation.” [Observer, 12/1/2002; Rich, 2006, pp. 66-67]
Entity Tags: Peter Preston, National Security Council, John Ashcroft, Frank Rich, Bob Woodward, Bush administration (43), Newt Gingrich, Thomas Franks, Peter Symon, George W. Bush, Republican National Committee, Seymour Hersh, Richard (“Dick”) Cheney
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
Bush administration officials launch what appears to be a concerted effort to discredit the inspections after press reports indicate that inspections are going well and that Iraq is cooperating. The Washington Post reports, “In speeches in London, Washington and Denver, Bush, Vice President Cheney and Deputy Defense Secretary Paul Wolfowitz sought to increase pressure on Hussein in advance of a Sunday deadline for the Iraqi leader to declare his inventory of weapons and missiles.” The paper adds, “The coordinated speeches… seemed designed to preempt any positive sign from the UN inspection teams about Iraqi compliance and to set the stage for an early confrontation with Hussein.” [Washington Post, 12/3/2002]
In a speech to the Air National Guard Senior Leadership Conference in Denver, Vice President Dick Cheney calls Saddam Hussein’s government an “outlaw regime” and accuses the leader of “harboring terrorists and the instruments of terror,” asserting that his government “has had high-level contacts with al-Qaeda going back a decade and has provided training to al-Qaeda terrorists.” [White House, 12/2/2002; Washington Post, 12/3/2002] This latter comment appears to be based on a September 2002 briefing to Cheney’s staff by the Defense Department’s Office of Special Plans, which is aggressively pushing allegations of al-Qaeda-Iraq links (see September 16, 2002). That briefing contained a chart titled “Summary of Known Iraq-Al-Qaeda Contacts—1990-2002.” [Washington Post, 4/6/2007]
A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).
District Court Judge John Bates rules against the General Accounting Office (GAO), the investigative arm of Congress, in its attempt to force Vice President Cheney to disclose some of his Energy Task Force documents (see January 29, 2001 and May 16, 2001). The judge writes, “This case, in which neither a House of Congress nor any congressional committee has issued a subpoena for the disputed information or authorized this suit, is not the setting for such unprecedented judicial action.” [Associated Press, 12/9/2002] Bates is a Republican who worked as the deputy independent counsel to Kenneth Starr in the Whitewater investigation, and was appointed to the bench by President Bush in 2001. [Savage, 2007, pp. 112] The GAO later declines to appeal the ruling (see February 7, 2003). In a similar suit being filed by Judicial Watch and the Sierra Club, the Bush administration has successfully delayed deadlines forcing these documents to be turned over. [Associated Press, 12/6/2002] That case will eventually be decided in the administration’s favor (see May 10, 2005).
Cheney Pushes Back - Unfortunately, the ruling’s claim of no Congressional involvement is somewhat misleading. The original request for information came from two ranking House members, Henry Waxman (D-CA) of the Committee on Government Reform and John Conyers (D-MI) of the Energy and Commerce Committee (see April 19 - May 4, 2001). Waxman and Conyers followed standard procedure by writing to David Walker, head of the GAO, to request information about who was meeting with the task force and what the task force was doing (May 8, 2001. Instead of complying with the request, Cheney’s legal counsel, David Addington, replied that the task force was not subject to the Federal Advisory Committee Act, and therefore not bound by law to provide such information (see May 16 - 17, 2001). Addington later challenged the GAO’s authority, saying that it was trying “to intrude into the heart of Executive deliberations, including deliberations among the President, the Vice President, members of the President’s Cabinet, and the President’s immediate assistants, which the law protects to ensure the candor in Executive deliberation necessary to effective government.” The GAO was not asking for such information; former Nixon White House counsel John Dean will write in 2004, “It was clear [Addington] was looking to pick a fight.”
Tug of War - The GAO advised Addington that it did indeed have the legal power to examine the deliberations of such entities as the task force, and provided Addington both the statutory law and the legislative history, which flatly contradicted Addington’s refusal. The GAO also noted that it was “not inquiring into the deliberative process but [was] focused on gathering factual information regarding the process of developing President Bush’s National Energy Policy.” The GAO even narrowed the scope of its original request, asking only for the names of those who had worked with the task force, and the dates (see July 31, 2001). But this provoked further resistance from Cheney and his office, with Cheney publicly stating on numerous occasions that the GAO was unlawfully trying to intrude into the deliberative process. Walker’s patience ran out in January 2002, and he notified the White House and Congress that the GAO was taking the administration to court (see February 22, 2002).
Hardball in Federal Court - Usually the case will be handled by lawyers from the Justice Department’s Civil Division. But this case is much more important to the White House to be left to the usual group of attorneys. Instead, this lawsuit is one of the very few to be handled by a special unit operating under the direct supervision of Deputy Solicitor General Paul Clement and Clement’s boss, Solicitor General Theodore Olson. Olson, the lawyer who spearheaded the team that successfully argued the December 2000 Bush v. Gore case that awarded George W. Bush the presidency. Dean later learns that this special team was created specifically to find and handle cases that they can take to the Supreme Court in order to rewrite existing law, mostly laws that restrict the power of the presidency (see January 21, 2001). Many career attorneys at the Justice Department will become so offended by the existence and the agenda of this special legal team that they will resign their positions. The administraton sent a strong signal to Judge Bates when it sent Olson, who has argued many times before the Supreme Court, to argue the government’s case in his court. Dean will write that Bates, a recent Bush appointee and a veteran of the Whitewater investigation, “got the message.” He knows this case is slated to go to the Supreme Court if it doesn’t go the way the White House wants.
Standing the Law On Its Head - According to Dean, Bates turns the entire body of statutory law overseeing the GAO and its powers to compel information from the executive branch on its head. He rules that the GAO lacks the “standing to sue,” saying that it doesn’t have enough of a legal stake in the controversy to have a role in trying to compel information. Bates, flying in the face of over eight decades of law and precedent, rules that, in essence, the GAO is merely an agent of Congress, and because neither the GAO nor Walker had suffered injury because of the task force’s refusal to comply with its request, the GAO has no legal recourse against the executive branch. Bates hangs much of his ruling on the fact that Congress has not yet subpoenaed the White House for the task force information. Thusly, Bates guts the entire structure of enforcement authority the GAO has as part of its statutory mandate. Bates does not go as far as the Justice Department wants, by not specifically ruling that the entire GAO statute is unconstitutional, but otherwise Bates’s ruling is a complete victory for the White House. [Dean, 2004, pp. 76-80] Authors Lou Dubose and Jake Bernstein later write that “Bates’s ruling creates a legislative Catch-22 for Democrats.” Because the GOP is the majority party, and because GOP Congressional leaders refuse to subpoena the White House on virtually any issue or conflict, no such subpoenas as Bates is mandating are likely to ever be granted by Republican committee chairmen. [Dubose and Bernstein, 2006, pp. 14] In 2007, author and reporter Charlie Savage will write that Bates’s ruling severely eroded the GAO’s “ability to threaten to file a lawsuit [and] damaged the congressional watchdog’s capability to persuade executive branch agencies to comply with its requests for information.… Bates had established a principle that, if left undisturbed, could change the attitudes of executive branch officials when the GAO asked for documents they did not want to disclose.” [Savage, 2007, pp. 112-113]
Entity Tags: John Dean, Lou Dubose, Paul Clement, Sierra Club, John Conyers, US Supreme Court, US Department of Justice, Theodore (“Ted”) Olson, Richard (“Dick”) Cheney, John Bates, Judicial Watch, Henry A. Waxman, Bush administration (43), Charlie Savage, David Walker, David S. Addington, Government Accountability Office, Energy Task Force, Jake Bernstein, Federal Advisory Committee Act
Timeline Tags: US Environmental Record, Civil Liberties
The State Department publishes a fact sheet titled “Illustrative Examples of Omissions From the Iraqi Declaration to the United Nations Security Council,” which states that in its December 2002 declaration (see December 7, 2002) to the UN, Iraq “ignores [its] efforts to procure uranium from Niger.” [US Department of State, 12/19/2002; Associated Press, 6/12/2003; Associated Press, 7/13/2003] Secretary of State Colin Powell rejects the UN dossier, in part because it does not account for the Nigerien uranium (see Between Late 2000 and September 11, 2001) and aluminum tubes (see Between April 2001 and September 2002) Iraq is supposedly using to make nuclear weapons. [Unger, 2007, pp. 268] But at this time, there is no evidence that Iraq had in fact sought to obtain uranium from Niger. Prior to the fact sheet’s publication, the CIA had warned the State Department about this and recommended that the phrase be removed—advice the State Department chose to ignore. [Associated Press, 6/12/2003] Throughout the rest of December, almost every statement the US goverment makes on Iraq will include references to the Nigerien uranium deal. President Bush, Vice President Cheney, Secretary of Defense Rumsfeld, National Security Adviser Condoleezza Rice, and Powell will all state publicly that Iraq had been caught trying to buy uranium from Niger. [Unger, 2007, pp. 268]
Alberto Mora, the Navy’s general counsel, has learned that possibly illegal interrogation techniques are being used against Guantanamo Bay detainees (see December 17-18, 2002). After getting the authorization of Gordon England, the secretary of the Navy, Mora meets with the Pentagon’s general counsel, William J. Haynes, in Haynes’s Pentagon office.
Meeting with Pentagon Counsel - In 2006, Mora will recall telling Haynes in the meeting that whatever its intent, Defense Secretary Donald Rumsfeld’s decision to allow extreme interrogation techniques (see December 2, 2002) is “torture.” Haynes replies, “No, it isn’t.” Mora asks Haynes to reconsider his opinions. For example, what does “deprivation of light and auditory stimuli” mean? Detention in a completely dark cell? For how long? Until he goes blind? And what does the phrase “exploitation of phobias” entail? Could it mean holding a detainee in a coffin? Threatening him with dogs, or rats? Can an interrogator drive a detainee insane? Mora notes that at the bottom of Rumsfeld’s memo, he asks why a detainee can be forced to stand for no longer than four hours a day when he himself often stands “for 8-10 hours a day.” While Rumsfeld may have intended to be humorous, Mora notes that Rumsfeld’s comment could be used as a defense argument in future terrorist trials. (In 2006, Lawrence Wilkerson will say of Rumsfeld’s comment: “It said, ‘Carte blanche, guys.’ That’s what started them down the slope. You’ll have My Lais then. Once you pull this thread, the whole fabric unravels.”) Mora leaves the office hoping that Haynes will come around to his point of view and convince Rumsfeld to withdraw the memo. He will be sharply disappointed (see July 7, 2004). [New Yorker, 2/27/2006] He later calls the interrogation practices “unlawful and unworthy of the military services.” [Savage, 2007, pp. 179]
Haynes Close to Cheney's Office - Mora may not be aware that in meeting with Haynes, he is also in effect engaging the office of Vice President Dick Cheney. Haynes is a protege of Cheney’s neoconservative chief of staff, David Addington. Haynes worked as Addington’s special assistant when Addington served under then-Defense Secretary Cheney in 1989, and Addington promoted Haynes to the office of general counsel of the Army. When George W. Bush took office in 2001, Haynes was awarded the position of the Pentagon’s general counsel. Addington has played key roles in almost all of the administration’s legal arguments in favor of extreme interrogation techniques and detainee policies. One former government lawyer will describe Addington as “the Octopus” because his hands seem to reach into every legal issue. Many of Haynes’s colleagues know that information moves rapidly between Haynes’s and Cheney’s offices. While not a hardline neoconservative like Addington and many other Cheney staffers, Haynes is, as one former Pentagon colleague will call him, “pliant” to serving the agenda of the vice president. [New Yorker, 2/27/2006]
Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 ; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).
Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Issuetsdeah, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes
Timeline Tags: Civil Liberties
The Bush administration tries to convince 9/11 commissioner John Lehman that there are ties between Iraq and al-Qaeda. The attempts take place in a series of meetings at the White House and Pentagon, where Lehman meets with Vice President Dick Cheney, White House chief of staff Andy Card, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz. Lehman, a prominent Republican, was previously frozen out of politics by the administration due to his ties to John McCain, who ran for the Republican presidential nomination against George W. Bush in 2000. However, the administration officials encourage the meetings when they see Lehman is interested in the alleged connection between Iraq and Osama bin Laden, in the hopes that he will use his position on the 9/11 Commission to draw attention to the allegations. However, the White House says it cannot share all the intelligence it has about the ties, because it is too classified. Nevertheless, Lehman can take it on faith that the intelligence exists. Wolfowitz tells him, “Just wait until you see the evidence we’ve got.” Lehman will later say: “I got that from everybody I talked to: ‘Wait and see, just wait until you see the evidence.’” After it becomes clear to Lehman the alleged links are non-existent, he will comment, “I think they were all drinking their own bathwater.” [Shenon, 2008, pp. 178-180]
President Bush receives a highly classified “President’s Summary” from the intelligence community’s National Intelligence Estimate on Iraq (see October 1, 2002), focusing on whether or not Saddam Hussein would launch an unprovoked attack on the US, either directly or in conjunction with terrorist groups. The consensus of all 16 intelligence agencies is that such an attack would be highly unlikely unless “ongoing military operations risked the imminent demise of his regime,” or if Hussein intends to “extract revenge” for such an assault. The State Department’s Bureau of Intelligence and Research (INR) goes even farther, stating that Hussein is “unlikely to conduct clandestine attacks against the US homeland even if [his] regime’s demise is imminent” as the result of a US invasion. The same conclusion is circulated in Senior Executive Intelligence Briefs for senior White House officials, their senior staff members, and Congress’s intelligence oversight committees. Bush and his senior officials, specifically including Vice President Dick Cheney, have received at least four other reports since the spring of 2002 drawing the same conclusion, that Saddam Hussein is not a likely threat to the US.
'Imminent Threat' - However, Bush, Cheney, and other government officials have continued, and will continue, to assert that Hussein was ready and willing to use chemical or biological weapons against the US, either on his own or through a terrorist group such as al-Qaeda, unless stopped by force. The argument that Hussein is an “imminent threat” is a major rationale in the administration’s case for war.
Refusal to Release - The Bush administration will refuse to release the Presidential Summary to Congressional investigators who wish to know the basis for the Bush administration’s assertions about the alleged threat from Iraq. Bush and other senior officials will insist for months that they were never told of the intelligence community’s judgment that Hussein had no intention of launching an unprovoked attack on the US. By refusing to release the summary memo, the White House may be withholding the proof that Bush and his officials deliberately misled the public on the issue. [National Journal, 3/2/2006]
The Bush administration prepares a “Theater Nuclear Planning Document” for Iraq which includes the possible use of nuclear weapons. According to multiple sources interviewed by columnist and reporter William Arkin, nuclear weapons are being considered for use in an attack against Iraqi facilities located deep underground or to preempt the use of weapons of mass destruction. The planning is being carried out at “STRATCOM’s Omaha headquarters, among small teams in Washington and at Vice President Dick Cheney’s ‘undisclosed location’ in Pennsylvania,” the Los Angeles Times reports. [Los Angeles Times, 1/26/2003 Sources: Unnamed senior military officials at US Central Command]
Vice President Cheney, national security adviser Condoleezza Rice, and dozens of senior White House officials receive a highly classified intelligence assessment, a Senior Executive Memorandum titled “Questions on Why Iraq Is Procuring Aluminum Tubes and What the IAEA Has Found to Date,” on the issue of the disputed use of the Iraqi aluminum tubes. The report concludes that the CIA, Defense Intelligence Agency, National Geospatial-Intelligence Agency, and National Security Agency all believe that the aluminum tubes were most likely intended for centrifuges. The memo says that only the intelligence units at the Departments of Energy and State, along with the UN’s International Atomic Energy Agency (IAEA), disagree with that assessment and believe the tubes were purchased to be used in Iraq’s conventional rocket program, and includes discussion of the dissenting opinions. [The Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction (aka 'Robb-Silberman Commission'), 3/31/2005; National Journal, 3/2/2006]
Vice President Cheney says: “[C]onfronting the threat posed by Iraq is not a distraction from the war on terror; it is absolutely crucial to winning the war on terror. As the president has said, Iraq could decide on any given day to provide biological or chemical weapons to a terrorist group or individual terrorist, which is why the war on terror will not be won until Iraq is completely and verifiably deprived of weapons of mass destruction.” [American Forces Press Service, 1/10/2003]
The Navy’s general counsel, Alberto Mora, is shocked when he reads a legal opinion drafted by John Yoo, of the Justice Department’s Office of Legal Counsel, about techniques that can be used in prisoner interrogations (see January 9, 2002). Mora has been fighting the use of questionable techniques and was part of a working group that was reviewing them (see January 15-22, 2003). The opinion was sought by Pentagon general counsel William J. Haynes and not only counters every legal and moral argument Mora has brought to bear, but supersedes the working group. Only one copy of the opinion exists, kept in the office of the Air Force’s general counsel, Mary Walker, the head of the working group.
'Catastrophically Poor Legal Reasoning' - Mora reads it in Walker’s office with mounting horror. The opinion says nothing about prohibiting cruel, degrading, and inhuman treatment of detainees; in fact, it defends such tactics. While sophisticated, it displays “catastrophically poor legal reasoning,” he will later recall. Mora believes that it approaches the level of the notorious Supreme Court decision in Korematsu v. United States, the 1944 decision that upheld the government’s detention of innocent Japanese-Americans during World War II. Mora is not aware that Yoo, like Haynes, is a member of an informal but extremely powerful “inner circle” dominated by David Addington, the chief of staff for Vice President Cheney. In fact, Yoo and Haynes are regular racquetball partners. Like Addington and Cheney, Yoo believes in virtually unrestricted executive powers during a time of war. Yoo wrote that almost any interrogation methods used against terror suspects is legally permissible, an argument that shocks Mora.
Mora's Response - In his June 2004 memo on the subject (see July 7, 2004), Mora will write, “The memo espoused an extreme and virtually unlimited theory of the extent of the President’s Commander-in-Chief authority.” Yoo’s reasoning is “profoundly in error,” Mora concludes, and is “clearly at variance with applicable law.” In 2006, Mora will add, “If everything is permissible, and almost nothing is prohibited, it makes a mockery of the law.” He writes to Walker shortly thereafter, saying that not only is Yoo’s opinion “fundamentally in error” but “dangerous,” because it has the weight of law and can only be reversed by the Attorney General or the President. Walker writes back that she disagrees, and she believes Haynes does as well. Two weeks later, Mora will discuss the memo with Yoo (see February 6, 2003). [New Yorker, 2/27/2006]
Colin Powell’s chief of staff, Larry Wilkerson, meets with other administration officials and aides at the CIA’s Langley headquarters in a conference room down the hall from George Tenet’s office to review two White House reports on Iraq’s alleged illegal activities. The team includes George Tenet, John McLaughlin, William Tobey and Robert Joseph from the National Security Council, and John Hannah from Vice President Cheney’s office. (Tenet had intended to leave for a Middle East junket, but Powell stopped him from going, insisting on his input and participation.) The two dossiers are meant to serve as the basis for Powell’s upcoming speech at the UN (see February 5, 2003). One of the reports—a 48-page dossier that had been provided to Powell’s office a few days earlier (see January 29, 2003)—deals with Iraq’s supposed arsenal of weapons of mass destruction while the other, a slightly more recent report totaling some 45 pages, addresses the issue of Iraq’s history of human rights violations and its alleged ties to Islamic militant groups. Shortly after Wilkerson begins reviewing the 48-page report on Iraq’s alleged WMD, it becomes apparent that the material is not well sourced. [Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276]
Dossiers Contain Large Amounts of White House Misinformation - Wilkerson has been given three dossiers: about 90 pages of material on Iraq’s WMD, on its sponsorship of terrorism, and on its violation of human rights. Wilkerson is not well informed about the variety of machinations surrounding the WMD issue, but it doesn’t take him long to realize there is a problem. The CIA has an array of analysts with decades of experience studying Iraq’s weapons programs, rigorous peer review procedures to prevent unreliable intelligence from making it into the final assessments, and a large budget devoted to Middle East intelligence. But the CIA had not produced Wilkerson’s dossiers. They had been prepared by Libby, Cheney’s chief of staff. Wilkerson is taken aback by such a breach of procedure, especially on such a critically important matter of state. Former NSC counterterrorism chief Richard Clarke later says, “It’s very strange for the Vice President’s senior adviser to be… saying to the Secretary of State, ‘This is what you should be saying.’” As Wilkerson goes through the material, he realizes, in Unger’s words, “just how aggressively Cheney and his men have stacked the deck.” Wilkerson first reads the 48-page WMD dossier, and is not impressed. “It was anything but an intelligence document,” he later says. “It was, as some people characterized it later, sort of a Chinese menu from which you could pick and choose.”
Cherry-Picked Intel - Wilkerson will continue, “When we had a question, which was virtually every line, John Hannah from the vice president’s office would consult a huge clipboard he had.” Hannah, a former official of the pro-Israel Washington Institute for Near East Policy, had coauthored the dossier with Libby. He had also worked closely with Libby in the White House Iraq Group (see August 2002). Hannah cites the source of each questionable datum Wilkerson asks about, and Wilkerson and his team set about tracking down the original sources of each item. They spend hours poring over satellite photos, intercepts of Iraqi military communications, and various foreign intelligence reports. Wilkerson and his team find that in almost every instance, the original sources do not support the conclusions drawn in the dossier. “Once we read the entirety of those documents,” he will recall, “we’d find that the context was not quite what the cherry-picked item imparted.” Wilkerson believes that much of the dossier’s intelligence comes from Ahmed Chalabi and the Iraqi National Congress (see 1992-1996), a belief given credence by the fact that Hannah had served as the chief liaison between the INC and Cheney’s office. As Wilkerson will later recall, “It was clear the thing was put together by cherry-picking everything from the New York Times to the DIA.” Reporters Michael Isikoff and David Corn will later write that “a Defense Intelligence Agency report was not being used properly, a CIA report was not being cited in a fair way, a referenced New York Times article was quoting a DIA report out of context,” and will confirm that much of the material had come from the Iraqi National Congress. [US News and World Report, 6/9/2003; Isikoff and Corn, 2006, pp. 177; Unger, 2007, pp. 276-278]
Incomprehensible 'Genealogy' - According to Wilkerson, Feith’s office had strung together an incomprehensible “genealogy.” “It was like the Bible,” Wilkerson later recalls. “It was the Old Testament. It was ‘Joe met Bob met Frank met Bill met Ted met Jane in Khartoum and therefore we assume that Bob knew Ralph.’ It was incredible.” [Isikoff and Corn, 2006, pp. 180-181]
Link to Office of Special Plans? - Powell’s staff is also “convinced that much of it had been funneled directly to Cheney by a tiny separate intelligence unit set up by Defense Secretary Donald Rumsfeld” (see Summer 2002 and September 2002), Vanity Fair magazine later reports. [Vanity Fair, 5/2004, pp. 230]
Cheney's Aides Attempt to Reinsert Deleted Material - Soon Wilkerson’s team faces the same difficulties with the dossier on Iraq’s connections to Islamist terrorism that it faced with the White House-prepared dossier on Iraq’s WMD (see January 30-February 4, 2003). Tenet has tried manfully to give the administration what it so desperately wants—proof of Iraq’s connections to the 9/11 attacks. The CIA’s unit on Osama bin Laden had gone through 75,000 pages of documents and found no evidence of any such connections. Vice President Cheney and his staffers have always insisted that such a connection does indeed exist. Their strongest claim to that effect is the supposed meeting between 9/11 hijacker Mohamed Atta and an Iraqi intelligence agent in April 2000 (see September 14, 2001). This claim has long been discredited (see September 18, 2001), but Cheney’s people keep attempting to bring it back into play (see February 1, 2003-February 4, 2003). [US News and World Report, 6/9/2003; Bamford, 2004, pp. 370-1; Vanity Fair, 5/2004, pp. 230; Unger, 2007, pp. 276-278]
Information about Australian Software Erroneous - One item in the White House’s original draft alleged that Iraq had obtained software from an Australian company that would provide Iraqis with sensitive information about US topography. The argument was that Iraqis, using that knowledge, could one day attack the US
with biological or chemical weapons deployed from unmanned aerial vehicles (UAVs). But when Powell’s intelligence team investigated the issue, it became “clear that the information was not ironclad” (see October 1, 2002). [US News and World Report, 6/9/2003]
'Idiocy' - “We were so appalled at what had arrived from the White House,” one official later says. [Vanity Fair, 5/2004, pp. 230] As another senior official (likely Wilkerson) will later recall, “We went through that for about six hours—item by item, page by page and about halfway through the day I realized this is idiocy, we cannot possibly do this, because it was all bullsh_t—it was unsourced, a lot of it was just out of the newspapers, it was—and I look back in retrospect—it was a [Undersecretary of Defense for Policy Douglas] Feith product, it was a Scooter Libby product, it was a Vice President’s office product. It was a product of collusion between that group. And it had no way of standing up, anywhere, I mean it was nuts.” [Bamford, 2004, pp. 368-9]
Starting from Scratch - After several hours, Wilkerson and Tenet are both so fed up that they decide to scrap the WMD dossier entirely. “Let’s go back to the NIE,” Tenet suggests, referring to the recently released National Intelligence Estimate on Iraq (see October 1, 2002). Wilkerson is not aware of how badly the NIE had been, in author Craig Unger’s words, “tampered with,” but Powell should have known, as his own intelligence bureau in the State Department had disputed key elements of the NIE. [Bamford, 2004, pp. 368-9; Vanity Fair, 5/2004, pp. 230; Isikoff and Corn, 2006, pp. 177-178; Unger, 2007, pp. 276-278]
Entity Tags: Richard (“Dick”) Cheney, Office of the Vice President, National Security Council, Richard A. Clarke, White House Iraq Group, Washington Institute for Near East Policy, Robert G. Joseph, William H. Tobey, Lawrence Wilkerson, John Hannah, Michael Isikoff, Iraqi National Congress, Colin Powell, Central Intelligence Agency, Ahmed Chalabi, Craig Unger, David Corn, Donald Rumsfeld, John E. McLaughlin, George J. Tenet, Douglas Feith
Timeline Tags: Events Leading to Iraq Invasion
Colin Powell’s chief of staff, Larry Wilkerson, tasked with the duty of preparing Powell’s upcoming UN presentation (see January 29, 2003), meets with his hastily assembled team: Lynne Davidson, Powell’s chief speechwriter; Carl Ford, the head of the State Department’s Bureau of Intelligence and Research (INR); and Barry Lowenkron, principal deputy director of policy planning at State. They also consult with a UN staffer on the logistics of making such a presentation to the Security Council. Later that day, Wilkerson drives to the CIA building in Langley, where he meets with CIA Director George Tenet and Tenet’s deputy, John McLaughlin. Wilkerson examines information provided for Powell’s speech by the White House, and quickly determines that it is unreliable to the point of uselessness (see January 30-February 4, 2003). He decides that his team will assemble its own information. [Unger, 2007, pp. 276]
INR Analysts Not Invited to Presentation Planning Sessions - Over the next few days, Wilkerson and his team works almost around the clock putting together Powell’s upcoming presentation. In addition to Wilkerson’s staff, McLaughlin and National Security Adviser Condoleezza Rice are frequent participants. Others who take part include Rice’s deputy, Stephen Hadley; National Security Council officer Robert Joseph, who had ensured mention of the Iraq-Niger claim in President Bush’s recent State of the Union address (see January 26 or 27, 2003); another NSC official, Will Tobey; two of Vice President Cheney’s senior aides, John Hannah and Lewis “Scooter” Libby; and Lawrence Gershwin, one of the CIA’s top advisers on technical intelligence. Aside from Ford, there are no representatives from the State Department’s own intelligence analysts of the Bureau of Intelligence and Research (INR). They had refused to give in to White House pressure to “cook” the intelligence on Iraq (see November 14, 2001, January 31, 2002, March 1, 2002, and December 23, 2002). Their absence, author Craig Unger will later write, is “another striking indication that Powell had capitulated and was trying to avoid a showdown with the White House.… [T]he hard-nosed analysts at INR, who had not bowed to White House pressure, would be a political liability for Powell.” [US News and World Report, 6/9/2003; Bamford, 2004, pp. 370-1; Vanity Fair, 5/2004, pp. 230; Unger, 2007, pp. 276-278]
Inspirational Film - Early in the process, Wilkerson and his colleagues watch an archived film of then-UN ambassador Adlai Stevenson’s historic 1962 speech before the UN Security Council. Stevenson’s ringing denunciation of the Soviet Union, and his dramatic use of irrefutable evidence that showed Soviet missiles in Cuba, inspires the team to seek what Wilkerson calls “a similar confluence of evidence and rhetoric.” They want Powell to have his own “Stevenson moment” before the UN. [Unger, 2007, pp. 276-278]
Roadblocks - Throughout the process, Wilkerson’s team is deviled by the insistence of White House representatives, most notably those from Cheney’s office, on the insertion of information and claims that Wilkerson and his team know are unreliable (see January 30-February 4, 2003). [Unger, 2007, pp. 275]
Entity Tags: John E. McLaughlin, Condoleezza Rice, Colin Powell, Central Intelligence Agency, Carl W. Ford, Jr., Bush administration (43), George J. Tenet, Barry Lowenkron, Bureau of Intelligence and Research, William H. Tobey, Richard (“Dick”) Cheney, US Department of State, Lynne Davidson, United Nations, Robert G. Joseph, Craig Unger, Lewis (“Scooter”) Libby, National Security Council, Stephen J. Hadley, Lawrence Wilkerson, John Hannah, Lawrence Gershwin
Timeline Tags: Events Leading to Iraq Invasion
Steven Aftergood of the Federation of American Scientists says that he is not sure that Congress’s public termination of the Total Information Awareness (TIA) project (see January 23, 2003) was as real and outrage-driven as it seemed at the time. “The whole congressional action looks like a shell game,” Aftergood says. “There may be enough of a difference for them to claim TIA was terminated while for all practical purposes the identical work is continuing.” While Congress terminated TIA with visible indignation, it also quietly funded the “National Foreign Intelligence Program,” and never identified which intelligence agency would do the work—which was also kept from the public eye. Congress did say that none of the research would be used against US citizens. No one in Congress will discuss how many of Poindexter’s programs survived, but knowledgeable sources will confirm that some 18 data-mining programs known as Evidence Extraction and Link Discovery in Poindexter’s research were preserved after TIA’s termination. These programs may well include the sprawling data mining program known as Novel Intelligence from Massive Data (NIMD) (see After September 11, 2001), though this cannot be confirmed. Former TIA chief John Poindexter’s vision of the technology behind NIMD envisioned software that can quickly analyze “multiple petabytes” of data. A single petabyte would fill the Library of Congress space for 18 million books more than 50 times, or could hold 40 pages of text for each of the more than 6.2 billion humans on Earth. Poindexter and his colleagues envisioned the program as handling a petabyte or more of data a month. [Associated Press, 2/23/2004] Concerns about the privacy rights of US citizens being damaged by the program are rife. “If they were to stick to strictly military-related research and development, there is less of an issue, but these technologies have much broader social implications,” says Barbara Simons, a computer scientist who is past president of the Association of Computing Machinery, an organization that has expressed concerns about TIA. [New York Times, 5/21/2003] At least one Senator is uncomfortable with the apparent resurgence of TIA. Jay Rockefeller (D-WV) will write Vice President Dick Cheney in June 2003 after receiving a briefing on the various secret surveillance programs (see July 17, 2003). Rockefeller will write, “As I reflected on the meeting today, John Poindexter’s TIA project sprung to mind, exacerbating my concern regarding the direction the administration is moving with regard to security, technology, and surveillance.” [National Journal, 1/20/2006]
As the date for the UN presentation by Secretary of State Colin Powell approaches (see February 5, 2003), Vice President Dick Cheney gives Powell one reason why Powell is the choice to make the presentation: “Your poll numbers are in the seventies. You can afford to lose a few points.” [Unger, 2007, pp. 280]
At 2:30 a.m., Secretary of State Colin Powell’s chief of staff, Larry Wilkerson, gets a call from one of CIA Director George Tenet’s aides (see 2:30 a.m. February 5, 2003). Vice President Dick Cheney’s staff is insisting that the widely discredited claim (see October 21, 2002) that Mohamed Atta had met in Prague with an Iraqi intelligence officer in April 2001 (see April 8, 2001) be reinstated into Powell’s forthcoming speech to the UN Security Council. The pressure continues throughout the night. Just before 9 a.m., when Powell begins his speech, Wilkerson’s phone rings again and again. Caller ID shows it is Cheney’s chief of staff, Lewis “Scooter” Libby, presumably to try one more time to argue for the inclusion of the material. Wilkerson refuses to take the call. “Scooter,” one State Department aide will later explain to reporter Craig Unger, “wasn’t happy.” [Vanity Fair, 5/2004, pp. 232; Unger, 2007, pp. 283-284]
Secretary of State Colin Powell’s chief of staff, Larry Wilkerson, sits behind Powell during the UN presentation (see February 5, 2003). As Powell begins, Wilkerson eyes the Iraqi delegation. “I knew they didn’t know squat, Saddam Hussein wouldn’t have told those guys anything,” Wilkerson will later recall. “But I’m sitting there watching them. Are they going to say, ‘Oh, God, they’ve got us!’?” Wilkerson and his team have thrown out the entire Cheney-provided dossier on WMD (see January 29, 2003 and January 30-February 4, 2003). They have thrown out three-quarters of the dossier on Iraq’s connections with Islamist terrorism. What’s left will give Powell about 80 minutes of material. The audio and video displays Powell uses to show his evidence and reinforce his speech are slick and dramatic, with fast cuts and professional editing shown on big-screen monitors. Wilkerson feels that what is left is relatively strong, but worries that there is not all that much there. “Because we had cut it so severely,” he will later recall, “I felt that the presentation was fairly solid. But my biggest concern was the efficacy of the presentation. We had thrown out so much crap—rightfully so. But now the presentation wasn’t very effective.… I felt like I’d failed.” But, author Craig Unger will note, Wilkerson is forgetting the tremendous presence, charisma, and stature of Colin Powell. For Powell to come before the UN and lend his gravitas and moral authority to the Bush administration’s case for war gives that case tremendous credence it had heretofore lacked (see Early February, 2003). Reflecting on this, Wilkerson will say: “There’s no question in my mind that Vice President Cheney knew that. That’s why he had Powell do it.” [Unger, 2007, pp. 284-285]
[Source: Center for Public Integrity]Charles Lewis of the Center for Public Integrity reveals the leaked text of a new anti-terrorism bill. Called the Domestic Security Enhancement Act of 2003, it becomes popularly known as the Patriot Act II. The text of the bill is dated January 9, 2003. [Congress, 1/9/2003; NOW with Bill Moyers, 2/7/2003; Center for Public Integrity, 2/7/2003] Before it was leaked, the bill was being prepared in complete secrecy from the public and Congress. Only House Speaker Dennis Hastert and Vice President Cheney were sent copies on January 10. [San Francisco Chronicle, 2/11/2003] A week earlier, Attorney General Ashcroft said the Justice Department was not working on any bill of this type, and when the text is released, they say it is just a rough draft. But the text “has all the appearance of a document that has been worked over and over.” [Village Voice, 2/28/2003; ABC News, 3/12/2003] Some, including a number of congresspeople, speculate that the government is waiting until a new terrorist act or war fever before formally introducing this bill. [NOW with Bill Moyers, 2/7/2003; Associated Press, 2/10/2003; United Press International, 3/10/2003; Village Voice, 3/26/2003] Here are some of its provisions:
1) The attorney general is given the power to deport any foreign national, even people who are legal permanent residents. No crime need be asserted, no proof offered, and the deportation can occur in complete secrecy. [St. Petersburg Times, 2/16/2003]
2) It would authorize secret arrests in terrorism investigations, which would overturn a court order requiring the release of names of their detainees. [St. Petersburg Times, 2/16/2003] Not even an attorney or family need be informed until the person is formally charged, if that ever happens. [ABC News, 3/12/2003]
3) The citizenship of any US citizen can be revoked if they are members of or have supported any group the attorney general designates as terrorist. [St. Petersburg Times, 2/16/2003] A person who gives money to a charity that only later turns out to have some terrorist connection could then lose his or her citizenship. [CNN, 3/6/2003]
4) “Whole sections… are devoted to removing judicial oversight.” Federal agents investigating terrorism could have access to credit reports, without judicial permission. [St. Petersburg Times, 2/16/2003]
5) Federal investigators can conduct wiretaps without a court order for 15 days whenever Congress authorizes force or in response to an attack on the United States. [United Press International, 3/10/2003]
6) It creates a DNA database of anyone the Justice Department determines to be a “suspect,” without court order. [Mercury News (San Jose), 2/20/2003]
7) It would be a crime for someone subpoenaed in connection with an investigation being carried out under the Patriot Act to alert Congress to any possible abuses committed by federal agents. [ABC News, 3/12/2003]
8) Businesses and their personnel who provide information to anti-terrorism investigators are granted immunity even if the information is fraudulent. [ABC News, 3/12/2003]
9) The government would be allowed to carry out electronic searches of virtually all information available about an individual without having to show probable cause and without informing the individual that the investigation was being carried out. Critics say this provision “would fundamentally change American society” because everyone would be under suspicion at all times. [ABC News, 3/12/2003]
10) Federal agents would be immune from prosecution when they engage in illegal surveillance acts. [United Press International, 3/10/2003]
11) Restrictions are eased on the use of secret evidence in the prosecution of terror cases. [United Press International, 3/10/2003]
12) Existing judicial consent decrees preventing local police departments from spying on civil rights groups and other organizations are canceled. [Salon, 3/24/2003]
Initially the story generates little press coverage, but there is a slow stream of stories over the next weeks, all expressing criticism. Of all the major newspapers, only the Washington Post puts the story on the front page, and no television network has the story in prime time. [Associated Press, 2/8/2003; CBS News, 2/8/2003; Los Angeles Times, 2/8/2003; New York Times, 2/8/2003; Washington Post, 2/8/2003; Associated Press, 2/10/2003; San Francisco Chronicle, 2/11/2003; Los Angeles Times, 2/13/2003; St. Petersburg Times, 2/16/2003; Denver Post, 2/20/2003; Pittsburgh Post-Gazette, 2/20/2003; Mercury News (San Jose), 2/20/2003; Baltimore Sun, 2/21/2003; Star-Tribune (Minneapolis), 2/21/2003; Village Voice, 2/28/2003; Houston Chronicle, 3/1/2003; CNN, 3/6/2003; United Press International, 3/10/2003; ABC News, 3/12/2003; Herald Tribune (Sarasota), 3/19/2003; Salon, 3/24/2003; Village Voice, 3/26/2003; Tampa Tribune, 4/6/2003] Representative Jerrold Nadler (D-NY) says the bill amounts to “little more than the institution of a police state.” [San Francisco Chronicle, 2/11/2003]
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