Autumn 2001: Bush Gives CIA Broad Powers to Capture or Kill Terrorist Leaders
Bush signs a number of Presidential directives giving the CIA the authority to kill or capture suspected terrorists and set up a global network of facilities to detain and interrogate them in secret. [New York Times, 8/27/2004] President Bush approves a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those on the list. The president is not required to approve each name added to the list and the CIA does not need presidential approval for specific attacks. Further, a presidential finding gives the CIA broad authority to capture or kill terrorists not on the list. The list is merely the CIA’s primary focus. The CIA uses these authorities to hunt for al-Qaeda leaders in Afghanistan during the war there. [New York Times, 12/15/2002]
October 1, 2001: Bush to Lott: ‘Derail the Biden Legislation’
President Bush privately tells Senator Trent Lott (R-MS) to make sure the bipartisan resolution being pushed by senators Richard Lugar (R-IN) and Joseph Biden (D-DE) (see October 1, 2002) does not make it through the Senate. Their proposed resolution would explicitly restrict authorization for the use of military force to Iraq only. Bush tells Lott, “Derail the Biden legislation and make sure its language never sees the light of day.” [Isikoff and Corn, 2006, pp. 127]
October 2, 2001: Remote Controlled Passenger Airplane Flew Before 9/11, Despite Claims to the Contrary
It is reported that the US company Raytheon landed a 727 six times in a military base in New Mexico without any pilots on board. This was done to test equipment making future hijackings more difficult, by allowing ground control to take over the flying of a hijacked plane. [Associated Press, 10/2/2001; Der Spiegel (Hamburg), 10/28/2001] Several Raytheon employees with possible ties to this remote control technology program appear to have been on the hijacked 9/11 flights (see September 25, 2001). Earlier in the year, a specially designed Global Hawk plane flew from the US to Australia without pilot or passengers. [Independent Television News, 4/24/2001] However, most media reports after 9/11 suggest such technology is currently impossible. For instance, the Observer quotes an expert who says that “the technology is pretty much there” but still untried. [Observer, 9/16/2001] An aviation-security expert at Jane’s Defence Weekly says this type of technology belongs “in the realms of science fiction.” [Financial Times, 9/18/2001; Economist, 9/20/2001] Even President Bush appears to deny the technology currently exists. He gives a speech after 9/11 in which he mentions that the government would give grants to research “new technology, probably far in the future, allowing air traffic controllers to land distressed planes by remote control.” [New York Times, 9/28/2001]
October 5, 2001: Bush Moves to Restrict Information Provided to Congress
In a memo to the Secretaries of State, Treasury, and Defense, and to the Attorney General, the Director of Central Intelligence, and the Director of the FBI, President Bush mandates that they strictly control and oversee information from their departments disclosed to members of Congress. In order to “protect military operational security, intelligence sources and methods, and sensitive law enforcement investigations,” Bush orders, “your departments should adhere to the following procedures when providing briefings to the Congress relating to the information we have or the actions we plan to take: (i) Only you or officers expressly designated by you may brief Members of Congress regarding classified or sensitive law enforcement information; and (ii) The only Members of Congress whom you or your expressly designated officers may brief regarding classified or sensitive law enforcement information are the Speaker of the House, the House Minority Leader, the Senate Majority and Minority Leaders, and the Chairs and Ranking Members of the Intelligence Committees in the House and Senate.” [George W. Bush, 10/5/2001] In 2006, the Congressional Research Service (CRS) will conclude that the Bush administration is in violation of the law by refusing to inform any other members of Congress aside from the so-called “Gang of Eight” about the NSA warrantless wiretapping program (see January 18, 2006).
October 11-29, 2001: General Terror Alerts Issued, Terrorists Said Poised to Attack US ‘in the Next Week’
On October 11, 2001, President Bush uses his first prime-time news conference to give an update on the early stages of the war on terrorism. He confirms that the Justice Department just issued a blanket alert “in recognition of a general threat.” [CNN News, 10/11/2001] This general threat never materializes. On October 29, the Administration warns again of plans to strike the United States “in the next week.” In a quickly called news conference, US Attorney General John Ashcroft says intelligence sources have found “credible” information the nation could be the focus for some sort of terrorist attack within the week. No specific information is provided to the public now or later to explain what information may have caused this alert. [CNN News, 10/29/2001]
October 26, 2001: Patriot Act Becomes Law
Bush signs the Patriot Act into law. Here are some of its provisions:
October 28, 2001
- 1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism. [San Francisco Chronicle, 11/12/2001]
- 2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status. [San Francisco Chronicle, 9/8/2002]
- 3) Internet service providers can be ordered to reveal the web sites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation. [Village Voice, 11/26/2001; San Francisco Chronicle, 9/8/2002]
- 4) It “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” [Washington Post, 11/4/2001] It allows the government to access confidential credit reports, school records, and other records, without consent or notification. [San Francisco Chronicle, 9/8/2002] All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US. [Village Voice, 11/26/2001]
- 5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
- 6) Federal agents can easily obtain warrants to review a library patron’s reading and computer habits (see January 2002). [Village Voice, 2/22/2002]
- 7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [Tampa Tribune, 4/6/2003]
- The law passes without public debate. [Village Voice, 11/9/2001; Village Voice, 11/26/2001] Even though it ultimately took six weeks to pass the law, there was no hearing or congressional debate. [Salon, 3/24/2003] Congressman Barney Frank (D) says, “This was the least democratic process for debating questions fundamental to democracy I have ever seen. A bill drafted by a handful of people in secret, subject to no committee process, comes before us immune from amendment.” [Village Voice, 11/9/2001] Only 66 congresspeople, and one senator, Russell Feingold (D), vote against it. Few in Congress are able to read summaries, let alone the fine print, before voting on it. [Los Angeles Times, 10/30/2001] Feingold says, “The new law goes into a lot of areas that have nothing to do with terrorism and have a lot to do with the government and the FBI having a wish list of things they want to do.” [Village Voice, 11/9/2001] Supporters point out that some provisions will expire in four years, but in fact most provisions will not expire. [Chicago Tribune, 11/1/2001] One year later, criticism of the law grows. [San Francisco Chronicle, 9/8/2002] Dozens of cities later pass resolutions criticizing the Patriot Act (see January 12, 2003).
The White House repeats its warning to the UN that the US will act if the UN fails to pass a stronger resolution. Speaking in New Mexico, George Bush says: “Either the United Nations will do its duty to disarm Saddam Hussein, or Saddam Hussein will disarm himself. In either case, if they refuse to act, in the name of peace, in the name of a secure tomorrow, in the name of freedom, the United States will lead a coalition and disarm Saddam Hussein..” [US President, 11/4/2002] And Ari Fleischer, the White House Press Secretary says, “The United Nations has debated this long enough. The time has come for people to raise their hands and cast their vote.” [White House, 10/28/2002]
Early November 2001: USA Today: Decision to Invade Iraq Made at This Time
According to a September 2002 USA Today article, the decision to invade Iraq is made at this time. Significantly, the decision is made independent of normal policy-making procedures—a National Intelligence Estimate (NIE) on Iraq was not requested, members of Congress were not consulted, and the concerns of senior military officers and intelligence analysts were ignored. Explaining why the White House did not request a NIE on Iraq, an unnamed US intelligence official explains it didn’t want to detail the uncertainties regarding the threat Iraq allegedly poses to the US. A senior administration official says the White House did not believe an NIE would be helpful. However in September 2002, an NIE will finally be requested as a result of pressure from Congress. The classified version of the document will include many qualified and nuanced statements, but the shorter, unclassified version, which is given to Congress, will not include these uncertainties (see October 1, 2002). [USA Today, 9/10/2002 Sources: officials at the White House, State Department, Pentagon, intelligence agencies, Congress and elsewhere]
November 1, 2001: Bush Limits Access to Former Presidential Papers
Bush signs an Executive Order which limits public access to papers of all presidents since 1980. A 1978 law provided for the release of presidential papers 12 years after the president leaves office, so Reagan’s papers would have been released next year. Reagan issued an order in 1989 that called for disclosure of most of his official papers 12 years after he left office but under the new executive order the papers can be kept secret even if the president in question wants them released. Bush Jr.‘s father was vice president during the Reagan administration. [Seattle Post-Intelligencer, 11/8/2001] The Guardian notes that now Bush’s “personal papers detailing the decision-making process in the current war on terrorism could remain secret in perpetuity.” [Guardian, 11/2/2001] In March 2001, Bush signed a temporary order delaying the release of these papers for 90 days, and then signed for another 90 day delay before signing this order making the change permanent. [New York Times, 1/3/2003]
November 7, 2001: Al Taqwa Bank Shut Down
The US and other countries announce the closure of the Al Taqwa Bank and the Al Barakaat financial network. President Bush says, “Al Taqwa and Al Barakaat raise funds for al-Qaeda. They manage, invest and distribute those funds.” US officials claim that both entities skimmed a part of the fees charged on each financial transaction it conducted and paid it to al-Qaeda. This would provide al-Qaeda with tens of millions of dollars annually. Additionally, Al Taqwa would provide investment advice and transfer cash for al-Qaeda. Al Taqwa is based in Switzerland while Al Barakaat is based in Dubai, United Arab Emirates. Over 100 nations are said to be cooperating with efforts to block the funds of these two groups. [New York Times, 11/8/2001] Swiss authorities raid Al Taqwa-related businesses and the homes of bank leaders Youssef Nada, Ali Himmat, and Ahmad Huber, but no arrests are made. In January 2002, Nada will announce that the Al Taqwa Bank is shutting down, due to bad publicity after the raids. He will maintain that he and his organization are completely innocent. [Newsweek, 11/7/2001; Reuters, 1/10/2002] Days after 9/11, Huber called the 9/11 attacks “counterterror against American-Israeli terror,” the World Trade Center a “the Twin Towers of the godless,” and the Pentagon “a symbol of Satan,” yet he will claim to have no ties to the attackers. [Playboy, 2/1/2002; Newsweek, 3/18/2002] In searching Nada’s house, Swiss authorities discover a document entitled “The Project,” which is a strategic plan for the Muslim Brotherhood to infiltrate and defeat Western countries (see December 1982). By late 2002, both the US and UN will declare Al Taqwa Bank, Nada, and Ahmed Idris Nasreddin, another founder and director of the bank, supporters of terrorism. All of their accounts will be declared frozen worldwide. [US Department of the Treasury, 8/29/2002] However, while Al Taqwa itself will be shut down, later reports will indicate that other financial entities operated by the directors will continue to operate freely (see June-October 2005).
November 10, 2001
Vice-President Cheney leads a meeting at the White House to put the finishing touches on a draft Presidential Order establishing military commissions (see November 9, 2001). The meeting includes Ashcroft, Haynes, and the White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Two officials later claim Cheney advocated withholding the document from National Security Adviser Condoleezza Rice and Secretary of State Colin Powell. According to a former official, Cheney discusses the draft with Bush over lunch a few days later. [New York Times, 10/24/2004]
November 10, 2001: Bush Dismisses 9/11 Conspiracy Theories
In a speech to the United Nations General Assembly, President Bush states, “We must speak the truth about terror. Let us never tolerate outrageous conspiracy theories concerning the attacks of September the 11th; malicious lies that attempt to shift the blame away from the terrorists, themselves, away from the guilty.” [US President, 11/19/2001]
November 13, 2001: Bush Authorizes Military Tribunals for Alleged Terrorists
President Bush issues a 3-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism. The president will decide which defendants will be tried by military commissions. Defense Secretary Rumsfeld will appoint each panel and set its rules and procedures, including the level of proof needed for a conviction. A two-thirds vote is needed to convict a defendant and impose a sentence, including life imprisonment or death. Only the president or the secretary of defense has the authority to overturn a decision. There is no provision for an appeal to US civil courts, foreign courts, or international tribunals. Nor does the order specify how many judges are to preside on a tribunal or what qualifications they must have. [US Department of Defense, 11/13/2001; Washington Post, 11/14/2001; New York Times, 10/24/2004] The order also adopts a rule of evidence stemming from the 1942 Supreme Court case of United States v. Quirin that says evidence shall be admitted “as would… have probative value to a reasonable person.” This rule, according to Judge Evan J. Wallach, “was repeatedly used [in World War II and in the post-war tribunals] to admit evidence of a quality or obtained in a manner which would make it inadmissible under the rules of evidence in both courts of the United States or courts martial conducted by the armed forces of the United States.” [Wallach, 9/29/2004] Evidence derived from torture, for example, could theoretically be admitted. It should be noted that the order is unprecedented among presidential directives in that it takes away some individuals’ most basic rights, while claiming to have the power of law, with the US Congress not having been so much as consulted. During the next few years, lawyers will battle over the exact proceedings of the trials before military commissions, with many of the military lawyers arguing for more rights for the defendants and with Haynes, and the Justice and White House lawyers, Gonzales, Addington, and Flanigan, taking a more restrictive line. [New York Times, 10/24/2004] Both Rice and Powell were left outside of the circle during the drafting of this directive (see November 6, 2001) (see November 9, 2001). Rice is reportedly angry about not be informed. [New York Times, 10/24/2004]
Commentaries
Center for National Security Studies
“The executive order violates separation of powers as the creation of military commissions has not been authorized by the Congress and is outside the president’s constitutional powers…. The broad application of the military commission order would be unconstitutional even if authorized by the Congress….The authorization of military detention of aliens inside the United States on the say-so of the president is also an unconstitutional end-run around the provisions of the USA Patriot Act….The Executive Order is an unconstitutional attempt to suspend the writ of habeas corpus….If Congress were to recognize a state of war and authorize the use of military commissions, such commissions must act in accord with both constitutional guarantees and international law.” — November 19, 2001 [Center for National Security Studies, 11/19/2001]
New York Times
“There is still no practical or legal justification for having the tribunals. [The tribunals] still constitute a separate, inferior system of justice, shielded from independent judicial review.” — March 22, 2002 [New York Times, 3/22/2002]
Mid-November 2001: Bin Laden ‘Confession’ Video Made, According to US
A conversation between Osama bin Laden, Ayman al-Zawahiri, al-Qaeda spokesman Suliman abu Ghaith, and Khaled al-Harbi, a veteran of al-Qaeda’s jihad in Bosnia, is videotaped. A portion of the taped conversation is later said to be found by the US and will be used as evidence of bin Laden’s involvement in 9/11. [Guardian, 12/13/2001; Kohlmann, 2004, pp. 28-9] According to a translation released by the Pentagon, the man said to be bin Laden says: “… we calculated in advance the number of casualties from the enemy, who would be killed based on the position of the tower. We calculated that the floors that would be hit would be three or four floors. I was the most optimistic of them all… (inaudible)… due to my experience in this field, I was thinking that the fire from the gas in the plane would melt the iron structure of the building and collapse the area where the plane hit and all the floors above it only. This is what we had hoped for.” He continues: “We had notification since the previous Thursday that the event would take place that day. We had finished our work that day and had the radio on. It was 5:30 p.m. our time… Immediately, we heard the news that a plane had hit the World Trade Center. We turned the radio station to the news from Washington… At the end of the newscast, they reported that a plane just hit the World Trade Center… After a little while, they announced that another plane had hit the World Trade Center. The brothers who heard the news were overjoyed by it.” [US Department of Defense, 12/13/2001 pdf file] The release of the tape, which will be said to be found by US intelligence officers in Jalalabad, will be a major news story, and the tape will be taken by the media as proof of bin Laden’s guilt. President Bush comments, “For those who see this tape, they’ll realize that not only is he guilty of incredible murder, he has no conscience and no soul, that he represents the worst of civilization.” British foreign secretary Jack Straw adds, “By boasting about his involvement in the evil attacks, Bin Laden confirms his guilt.” [BBC, 12/14/2001; Fox News, 12/14/2001; CNN, 12/16/2001] However, the tape will later be disputed from three points of view:
- The accuracy of the translation will be questioned (see December 20, 2001). For example, the man thought to be bin Laden does not say “we calculated in advance the number of casualties,” but “we calculated the number of casualties;”
- An analyst will conclude that the tape was actually made earlier as a part of a US-run sting operation (see (September 26, 2001));
- Some commentators will question whether the person in the video is actually bin Laden (see December 13, 2001).
November 16, 2001: UN Special Rapporteur Sends Appeal to Washington Regarding Bush’s Military Order
The UN Special Rapporteur on the Independence of Judges and Lawyers, Param Cumaraswamy, sends an urgent appeal to Washington regarding President Bush’s November 13 military order (see November 13, 2001). [BBC Radio 4, 7/13/2003]
November 21, 2001: Bush Says Afghanistan Is Just the Beginning
President Bush states that “Afghanistan is just the beginning on the war against terror. There are other terrorists who threaten America and our friends, and there are other nations willing to sponsor them. We will not be secure as a nation until all of these threats are defeated. Across the world and across the years, we will fight these evil ones, and we will win.” [US President, 11/26/2001] A short time later, it is reported that “the US has honed a hit list of countries to target for military action in rogue regions across the globe where it believes terror cells flourish,” including Iraq. [Guardian, 12/10/2001]
November 21, 2001: Bush Wants Iraq Invasion Plan
George W. Bush and Donald Rumsfeld speak in private. Bush asks the Defense Secretary what kind of plan the Pentagon has for invading Iraq. “What have you got in terms of plans for Iraq? What is the status of the war plan? I want you to get on it. I want you to keep it secret,” Bush says. When Rumsfeld says its current plan is outdated, Bush instructs him to devise a new one. “Let’s get started on this,” Bush says. “And get Tommy Franks looking at what it would take to protect America by removing Saddam Hussein if we have to.” Bush requests that discussion about Iraq remain low-key. “I knew what would happen if people thought we were developing a potential war plan for Iraq,” Bush later explains to journalist Bob Woodward. Bush does not share the details of his conversation with Condoleezza Rice, only telling her that Rumsfeld will be working on Iraq. [Associated Press, 4/16/2004; New York Times, 4/17/2004; Washington Post, 4/17/2004; CBS News, 4/18/2004 Sources: George Bush and other top officials interviewed by Washington Post editor Bob Woodward] When General Tommy Franks—who already has his hands full with the operation in Afghanistan—learns that the administration is considering plans to invade Iraq, he utters “a string of obscenities.” [Associated Press, 4/16/2004 Sources: Top officials interviewed by Washington Post editor Bob Woodward] General Franks will meet with Bush and brief him on the plan’s progress on December 28 (see December 28, 2001).
November 27, 2001: Rumsfeld Tells Franks ‘to look at options for Iraq’
At the request of President Bush (see November 21, 2001), Defense Secretary Donald Rumsfeld telephones Gen. Tommy Franks with instructions to work on war plans for Iraq. “General Franks, the president wants us to look at options for Iraq,” the general will later recall being told. In his memoirs, Franks will write: “‘Son of a bitch,’ I thought. ‘No rest for the weary.’” Franks will brief Bush on the progress of his work a month later (see December 28, 2001). [Franks, 2004; Salon, 5/19/2005 Sources: Thomas Franks] Over the next few months, Bush will ask for and receive increasingly detailed briefings from Franks about the forces that would be needed if the US were to move against Iraq. The need to prepare for an invasion of Iraq, according to insiders interviewed by the Atlantic Monthly, hinders the US effort against bin Laden and the Taliban. [Atlantic Monthly, 10/2004]
Late November 2001: CIA Advises Bush and Cheney That Allies Won’t Help Trap Bin Laden, but No Action Is Taken
According to author Ron Suskind, CIA Deputy Counter Terrorism Center Director Hank Crumpton briefs President Bush and Vice President Cheney about the looming battle in the Tora Bora region of Afghanistan, where about 1,000 al-Qaeda and Taliban are settling in. He points out the region is very mountainous, with many tunnels and escape routes. Bush asks about the passages to Pakistan that the Pakistani government has agreed to block (see November 2001). Using a map, Crumpton shows “the area on the Pakistani side of the line [is] a lawless, tribal region that [Pakistan has] little control over. In any event, satellite images showed that [Pakistan’s] promised troops hadn’t arrived, and seemed unlikely to appear soon.” Crumpton adds that the Afghan forces in the region allied to the US are “tired and cold and, many of them are far from home.” They were battered from fighting in the south against Taliban forces, and “they’re just not invested in getting bin Laden.” He tells Bush that “we’re going to lose our prey if we’re not careful” and strongly recommends the US marines being sent to Kandahar (see November 26, 2001) get immediately redirected to Tora Bora instead. Cheney says nothing. Bush presses Crumpton for more information. “How bad off are these Afghani forces, really? Are they up to the job?” Crumpton replies, “Definitely not, Mr. President. Definitely not.” However, the Pentagon is not voicing the same concerns to Bush. The marines are not redirected to seal off the passes. [Suskind, 2006, pp. 58-59]
End Part XXI
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