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2001: Bush Makes Oil Industry Lobbyist ‘Climate Team Leader’ President George Bush appoints Philip A. Cooney as the chief of staff for the White House Council on Environmental Quality, which helps create and promote administration policies on environmental issues. In that position, he also serves as the Bush’s “climate team leader.” Cooney, a lawyer with a bachelor’s degree in economics, was formerly a lobbyist for the American Petroleum Institute. He has no background in science. [NEW YORK TIMES, 6/8/2005] Entity Tags: George W. Bush, Philip A. Cooney Timeline Tags: Bush's Environmental Record

Q1 2001Edit

Main article: George W. Bush:Q1 2001

Q2 2001Edit

Main article: George W. Bush:Q2 2001

Q3 2001Edit

Main article: George W. Bush:Q3 2001

Q4 2001Edit

October 2001: NSA Creates Massive Database of US Citizens’ Phone Calls Edit

Former AT&T employee Mark Klein. [Source: PBS] The National Security Agency, as part of its huge, covert, and possibly illegal wiretapping program directed at US citizens (see Spring 2001 and September 13, 2001), begins collecting telephone records of tens of millions of Americans, using data provided by telecommunications firms such as AT&T, Verizon, and BellSouth (see February 5, 2006). The media will not report on this database until May 2006 (see May 11, 2006). The program collects information on US citizens not suspected of any crime or any terrorist connections. Although informed sources say the NSA is not listening to or recording actual conversations, the agency is using the data to analyze calling patterns in an effort to detect terrorist activity. “It’s the largest database ever assembled in the world,” says one anonymous source. The NSA intends “to create a database of every call ever made.” As a result, the NSA has detailed records of the phone activities of tens of millions of US citizens, from local calls to family and friends to international calls. The three telecommunications companies are working with the NSA in part under the Communications Assistance Act for Law Enforcement (CALEA) (see January 1, 1995 and June 13, 2006) and in part under contract to the agency. Surveillance Much More Extensive Than Acknowledged - The wiretapping program, which features electronic surveillance of US citizens without court warrants or judicial oversight, is far more extensive than anything the White House or the NSA has ever publicly acknowledged. President Bush will repeatedly insist that the NSA focuses exclusively on monitoring international calls where one of the call participants is a known terrorist suspect or has a connection to terrorist groups (see December 17, 2005 and May 11, 2006), and he and other officials always insist that domestic calls are not monitored. This will be proven false. The NSA has become expert at “data mining,” sifting through reams of information in search of patterns. The warrantless wiretapping database is one source of information for the NSA’s data mining. As long as the NSA does not collect “personal identifiers”—names, Social Security numbers, street addresses, and the like—such data mining is legal. But the actual efficacy of the wiretapping program in learning about terrorists and possibly preventing terrorist attacks is unclear at best. And many wonder if the NSA is not repeating its activities from the 1950s and 1960s, when it conducted “Operation Shamrock” (see 1945-1975), a 20-year program of warrantless wiretaps of international phone calls at the behest of the CIA and other intelligence agencies. Operation Shamrock, among other things, led to the 1978 passage of the Foreign Intelligence Surveillance Act (see 1978). [USA TODAY, 5/11/2006] In May 2006, former NSA director Bobby Ray Inman will say, “[T]his activity is not authorized” (see May 12, 2006). [DEMOCRACY NOW!, 5/12/2006] Secret Data Mining Center - In May 2006, retired AT&T technician Mark Klein, a 22-year veteran of the firm, will file a court affidavit saying that he saw the firm construct a secret data-mining center in its San Francisco switching center that would let the NSA monitor domestic and international communications (see January 2003). And former AT&T workers say that, as early as 2002, AT&T has maintained a secret area in its Bridgeton, Missouri, facility that is likely being used for NSA surveillance (see Late 2002). Domestic Surveillance Possibly Began Before 9/11 - Though Bush officials admit to beginning surveillance of US citizens only after the 9/11 attacks, some evidence indicates that the domestic surveillance program began some time before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). Entity Tags: Terrorist Surveillance Program, Verizon Communications, Mark Klein, George W. Bush, AT&T, BellSouth, Central Intelligence Agency, Communications Assistance for Law Enforcement Act (CALEA), Foreign Intelligence Surveillance Act, Qwest, National Security Agency Timeline Tags: Civil Liberties

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] Entity Tags: Trent Lott, George W. Bush Timeline Tags: Events Leading to Iraq Invasion

October 2, 2001: Remote Controlled Passenger Airplane Flew Before 9/11, Despite Claims to the Contrary

A Raytheon 727 lands in New Mexico in August, 2001. [Source: Associated Press] 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] Entity Tags: Raytheon, George W. Bush Timeline Tags: Complete 911 Timeline, 9/11 Timeline

October 3, 2001: Bush, Giuliani Say Americans Can Help by Going on Vacation, Spending Money At a rally in New York City, President Bush is asked whether the federal government will ask the average American to do anything else besides spend money to help battle terrorism and assist the country in recovering from the 9/11 attacks. Bush replies: “Well, I think the average American must not be afraid to travel. We opened Reagan Airport yesterday for a reason—we think it’s safe, and that people ought to feel comfortable about traveling around our country. They ought to take their kids on vacations. They ought to go to ball games.… But people ought to—listen, we ought to be aware in America—we are aware; how can you not be aware that we’ve entered into a new era. The imagery is vivid in people’s minds. But nevertheless, Americans must know that their government is doing everything we can to track down every rumor, every hint, every possible evildoer. And, therefore, Americans ought to go about their business. And they are beginning to do so. The load factors were up on the airlines, which means more people will be going to hotels and restaurants.” [WHITE HOUSE, 10/3/2001; ROBERTS, 2008, PP. 91] Not only has Bush been exhorting Americans to spend their money on airline tickets and amusement parks (see September 27, 2001), he will take part in a marketing campaign designed to boost the travel industry (see Early 2002). New York Mayor Rudolph Giuliani adds his voice to Bush’s, asking the rhetorical question, “What can you do to help in this crisis?” and answering, “Spend, spend, spend.” Time magazine columnist Margaret Carlson writes that while consumer spending is indeed essential to the country’s economic recovery, it “strike[s] a sour note” for Bush, Giuliani, and other leaders to tell Americans that they can best help their country by spending money on themselves. “In the aftermath of one awful moment, we’ve finally come to understand what our parents meant by a cause larger than ourselves,” she writes. “We’re hungry for a way to help the war effort, honor the dead, and help the survivors. We’re not shunning the perfect marbled steak at Morton’s for want of a tax break but because it feels wrong with planes being shot at in Afghanistan. The fact is there’s going to be no grand mobilization for which we can sacrifice. It’s not our parents’ war, with its visible monsters, quantifiable victories, and necessary sacrifices. The Greatest Generation got to save old tires, dig a Victory Garden, and forgo sugar. The Richest Generation is being asked to shop.” [TIME, 10/15/2001] Entity Tags: Rudolph (“Rudy”) Giuliani, George W. Bush, Margaret Carlson Timeline Tags: Global Economic Collapse

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). Entity Tags: “Gang of Eight”, Senate Intelligence Committee, George W. Bush Timeline Tags: Civil Liberties

October 7, 2001: Bush Asserts Unilateral Authority to Take US to War President Bush sends a letter to Congress informing legislators that he has ordered US armed forces into combat against the Taliban (see October 7, 2001). Bush does not rely on Congress’s Authorization for Use of Military Force (AUMF—see September 14-18, 2001), but instead asserts his unilateral authority as president to take the country into war. “I have taken these actions pursuant to my constitutional authority to conduct US foreign relations as commander in chief and chief executive,” he writes (see 1787). His letter goes on to express his appreciation to Congress for its “support” in his decision to begin a war against a foreign entity. [SAVAGE, 2007, PP. 127-128] Entity Tags: Taliban, George W. Bush Timeline Tags: Civil Liberties

After October 9, 2001: Government Response to Anthrax Attacks ‘Ineffectual,’ ‘Farcical,’ Author Later Claims Despite the fact that two US senators, Tom Daschle (D-SD) and Patrick Leahy (D-VT), had letters laced with anthrax mailed to their offices (see October 6-9, 2001), the Bush administration’s response is, as later characterized by author Frank Rich, lackadaisical. “Bush said little about it,” Rich will write in 2006, instead “delegating the problem to ineffectual Cabinet members like [Health and Human Services Secretary Tommy] Thompson and the attorney general, John Ashcroft. The rank incompetence of these two Cabinet secretaries, at most thinly disguised by a veneer of supercilious officiousness, was farcical. They were Keystone Kops, in the costumes of bureaucrats, ready at any time to slip on a banana peel.” [RICH, 2006, PP. 34-35] Entity Tags: Tommy G. Thompson, Bush administration, Frank Rich, George W. Bush, John Ashcroft Timeline Tags: 2001 Anthrax Attacks

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] Bush tells Americans “to go about their lives, to fly on airplanes, to travel, to work.” [RICH, 2006, PP. 36] Entity Tags: George W. Bush, John Ashcroft, US Department of Justice Timeline Tags: Complete 911 Timeline

October 12, 2001: President Bush Decides Against Attempting to Seal the Afghanistan-Pakistan Border to Prevent Al-Qaeda and Taliban from Escaping President Bush briefly considers sealing the border between Afghanistan and Pakistan to prevent the escape of Taliban and al-Qaeda leaders, but then decides against it. According to journalist Bob Woodward, a National Security Council (NSC) meeting held on this day is attended by Bush, Vice President Dick Cheney, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, National Security Adviser Condoleezza Rice, and others. Intelligence indicates that about 100 people per day are going from Pakistan to Afghanistan to fight with the Taliban. Woodward will claim, “There was some talk of sealing the border.” But he adds the idea is immediately dismissed: “It seemed an impossible idea, not practical given the hundreds of miles of mountainous and rough terrain, some of the most formidable in the world. There were few roads. Getting from one point to another could only be done on foot, with mules, or on horseback.” [WOODWARD, 2002, PP. 205] CIA official Michael Scheuer will later comment, “There is no denying that closing that border was a hard job, but if the NSC did not believe that the best military in the world could close the border and trap bin Laden, why did it decide that the task could be safely allotted to the poorly armed and trained and generally anti-US Pakistani forces?” [SCHEUER, 2008] Entity Tags: National Security Council, Condoleezza Rice, Donald Rumsfeld, Richard (“Dick”) Cheney, George J. Tenet, George W. Bush Timeline Tags: Complete 911 Timeline, War in Afghanistan

October 15, 2001: President Bush Suggests Link between Anthrax Attacks and Al-Qaeda At a press conference in Italy, President Bush says “there may be some possible link” between the recent anthrax attacks (see October 5-November 21, 2001) and al-Qaeda. He adds: “We have no hard data yet, but it’s clear that [Osama] bin Laden is a man who’s an evil man. He and his spokesmen are openly bragging about how they hope to inflict more pain on our country. So we’re watching every piece of evidence.” [CNN, 10/15/2001] A senior FBI official will claim in 2008 that this comment came shortly after the FBI told the White House that the anthrax strain was most likely too technically advanced to have been made by al-Qaeda (see Shortly After October 5, 2001). Entity Tags: George W. Bush, Osama bin Laden, Al-Qaeda Timeline Tags: Complete 911 Timeline, 2001 Anthrax Attacks

October 23, 2001: Justice Department: Bush Can Suspend First Amendment Freedoms The Justice Department’s John Yoo and Robert Delahunty issue a memo to White House counsel Alberto Gonzales claiming President Bush has sweeping powers in wartime that essentially void large portions of the Constitution. The memo, which says that Bush can order military operations inside the US (see October 23, 2001), also says that Bush can suspend First Amendment freedoms: “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It adds that “the current campaign against terrorism may require even broader exercises of federal power domestically.” [AMERICAN CIVIL LIBERTIES UNION, 1/28/2009 ; NEW YORK TIMES, 3/2/2009] Entity Tags: John C. Yoo, George W. Bush, Robert J. Delahunty, US Department of Justice, Alberto R. Gonzales Timeline Tags: Civil Liberties

October 23, 2001: Justice Department Memo Says Bush Has Power to Order Military Strikes inside US John Yoo, a deputy assistant attorney general in the Justice Department’s Office of Legal Counsel, and OLC special counsel Robert Delahunty issue a joint memo to White House counsel Alberto Gonzales. The memo claims that President Bush has sweeping extraconstitutional powers to order military strikes inside the US if he says the strikes are against suspected terrorist targets. In the days following the 9/11 attacks, Gonzales asked if Bush could legally order the military to combat potential terrorist activity within the US. The memo is first revealed to exist seven years later (see April 2, 2008) after future OLC head Steven Bradbury acknowledges its existence to the American Civil Liberties Union; it will be released two months after the Bush administration leaves the White House (see March 2, 2009). [US DEPARTMENT OF JUSTICE, 10/23/2001 ; AMERICAN CIVIL LIBERTIES UNION, 1/28/2009 ; NEW YORK TIMES, 3/2/2009] Granting Extraordinary, Extraconstitutional Authority to Order Military Actions inside US - Yoo and Delahunty’s memo goes far past the stationing of troops to keep watch at airports and around sensitive locations. Instead, the memo says that Bush can order the military to conduct “raids on terrorist cells” inside the US, and even to seize property. “The law has recognized that force (including deadly force) may be legitimately used in self-defense,” they write. In 2009, Reuters will write, “The US military could have kicked in doors to raid a suspected terrorist cell in the United States without a warrant” under the findings of the OLC memo. “We do not think that a military commander carrying out a raid on a terrorist cell would be required to demonstrate probable cause or to obtain a warrant,” Yoo and Delahunty write. [US DEPARTMENT OF JUSTICE, 10/23/2001 ; NEW YORK TIMES, 3/2/2009; REUTERS, 3/2/2009] The memo reasons that since 9/11, US soil can be legally construed as being a battlefield, and Congress has no power to restrict the president’s authority to confront enemy tactics on a battlefield. [SAVAGE, 2007, PP. 131] No Constitutional or Other Legal Protections - “[H]owever well suited the warrant and probable cause requirements may be as applied to criminal investigations or to other law enforcement activities, they are unsuited to the demands of wartime and the military necessity to successfully prosecute a war against an enemy. [Rather,] the Fourth Amendment does not apply to domestic military operations designed to deter and prevent foreign terrorist attacks.” Any objections based on the Fourth Amendment’s ban on unreasonable search and seizures would be invalid since whatever possible infringement on privacy would be trumped by the need to protect the nation from injury by deadly force. The president is “free from the constraints of the Fourth Amendment.” The Posse Comitatus Act, which bars the military from operating inside the US for law enforcement purposes, is also moot, the memo says, because the troops would be acting in a national security function, not as law enforcement. [US DEPARTMENT OF JUSTICE, 10/23/2001 ; AMERICAN CIVIL LIBERTIES UNION, 1/28/2009 ; NEW YORK TIMES, 3/2/2009; REUTERS, 3/2/2009; ARS TECHNICA, 3/2/2009] There are virtually no restrictions on the president’s ability to use the military because, Yoo and Delahunty write, the nation is in a “state of armed conflict.” The scale of violence, they argue, is unprecedented and “legal and constitutional rules” governing law enforcement, even Constitutional restrictions, no longer apply. The US military can be used for “targeting and destroying” hijacked airplanes, they write, or “attacking civilian targets, such as apartment buildings, offices, or ships where suspected terrorists were thought to be.” The memo says, “Military action might encompass making arrests, seizing documents or other property, searching persons or places or keeping them under surveillance, intercepting electronic or wireless communications, setting up roadblocks, interviewing witnesses, or searching for suspects.” [NEWSWEEK, 3/2/2009] Yoo writes that the Justice Department’s criminal division “concurs in our conclusion” that federal criminal laws do not apply to the military during wartime. The criminal division is headed by Michael Chertoff, who will become head of the Department of Homeland Security. [WASHINGTON POST, 4/4/2008] Sweeping Away Constitutional Rights - Civil litigator Glenn Greenwald will later note that the memo gives legal authorization for President Bush to deploy the US military within US borders, to turn it against foreign nationals and US citizens alike, and to render the Constitution’s limits on power irrelevant and non-functional. Greenwald will write, “It was nothing less than an explicit decree that, when it comes to presidential power, the Bill of Rights was suspended, even on US soil and as applied to US citizens.” Justifying Military Surveillance - Greenwald will note that the memo also justifies the administration’s program of military surveillance against US citizens: “[I]t wasn’t only a decree that existed in theory; this secret proclamation that the Fourth Amendment was inapplicable to what the document calls ‘domestic military operations’ was, among other things, the basis on which Bush ordered the NSA, an arm of the US military, to turn inwards and begin spying—in secret and with no oversight—on the electronic communications (telephone calls and emails) of US citizens on US soil” (see December 15, 2005 and Spring 2004). “If this isn’t the unadorned face of warped authoritarian extremism,” Greenwald will ask, “what is?” [SALON, 3/3/2009] If the president decides to use the military’s spy agency to collect “battlefield intelligence” on US soil, no law enacted by Congress can regulate how he goes about collecting that information, including requiring him to get judicial warrants under the Foreign Intelligence Surveillance Act (FISA). In 2007, Yoo will say in an interview: “I think there’s a law greater than FISA, which is the Constitution, and part of the Constitution is the president’s commander in chief power. Congress can’t take away the president’s powers in running war.” [SAVAGE, 2007, PP. 131; PBS FRONTLINE, 5/15/2007] Cheney and Addington will push the NSA to monitor all calls and e-mails, including those beginning and ending on US soil, but the NSA will balk. Domestic eavesdropping without warrants “could be done and should be done,” Cheney and Addington argue, but the NSA’s lawyers are fearful of the legal repercussions that might follow once their illegal eavesdropping is exposed, with or without the Justice Department’s authorization. The NSA and the White House eventually reach a compromise where the agency will monitor communications going in and out of the US, but will continue to seek warrants for purely domestic communications (see Spring 2001, September 13, 2001, and October 2001). [SAVAGE, 2007, PP. 131] Military Use Considered - In 2009, a former Bush administration lawyer will tell a reporter that the memo “gave rise to the Justice Department discussing with the Defense Department whether the military could be used to arrest people and detain people inside the United States. That was considered but rejected on at least one occasion.” The lawyer will not give any indication of when this will happen, or to whom. Under the proposal, the suspects would be held by the military as “enemy combatants.” The proposal will be opposed by the Justice Department’s criminal division and other government lawyers and will ultimately be rejected; instead, the suspects will be arrested under criminal statutes. [LOS ANGELES TIMES, 3/3/2009] Entity Tags: Steven Bradbury, US Department of Homeland Security, US Department of Defense, Robert J. Delahunty, Office of Legal Counsel, Bush administration, Michael Chertoff, Alberto R. Gonzales, National Security Agency, American Civil Liberties Union, Glenn Greenwald, George W. Bush, US Department of Justice, John C. Yoo Timeline Tags: Civil Liberties

October 25, 2001 and November 14, 2001: Senior Lawmakers Briefed on NSA Wiretapping Program Vice President Dick Cheney summons the chairmen and ranking members of the Senate and House Intelligence Committees to the White House for a classified briefing on the secret NSA warrantless wiretapping program (see Early 2002). Cheney makes it clear to the lawmakers that he is merely informing them about the program, and not seeking their approval. [WASHINGTON POST, 12/18/2005] Officials later say that under any of the previous presidents, such a meeting of this import would involve the president. But the four lawmakers are hustled away from the Oval Office. Instead, “[w]e met in the vice president’s office,” Bob Graham (D-FL), the chairman of the Senate Intelligence Committee, later recalls. President Bush has already told Graham that “the vice president should be your point of contact in the White House.” Cheney, according to the president, “has the portfolio for intelligence activities.” [WASHINGTON POST, 6/24/2007] The leaders are briefed by Cheney, CIA Director George Tenet, and NSA Director Michael Hayden. The Congressional leaders will later mostly refuse to comment publicly about what they do and do not learn about the program, even after it is revealed to the public (see December 15, 2005). In 2003, when Senator John D. Rockefeller ascends to the Democratic leadership of the Senate committee, and is himself briefed on the program, he will write to Cheney expressing his concerns over it (see July 17, 2003). [NEW YORK TIMES, 12/15/2005] 'No Discussion about Expanding' NSA Wiretapping - In December 2005, after the program is revealed to the public, one of the Congressmen present at the briefings, Graham, the then-chairman of the Senate Intelligence Committee, will discuss his knowledge of the program. In contradiction to the characterizations of Bush and other White House officials, Graham will say that he recalls “no discussion about expanding [NSA eavesdropping] to include conversations of US citizens or conversations that originated or ended in the United States,” and knew nothing of Bush’s intention to ignore the Foreign Intelligence Surveillance Court (also known as the FISA court). “I came out of the room with the full sense that we were dealing with a change in technology but not policy,” Graham will recall, using new methodologies to intercept overseas calls that passed through US switches. He thought that NSA eavesdropping would continue to be limited to “calls that initiated outside the United States, had a destination outside the United States but that transferred through a US-based communications system.” Instead, Graham will say, it now seems that Bush decided to go “beyond foreign communications to using this as a pretext for listening to US citizens’ communications. There was no discussion of anything like that in the meeting with Cheney.” A senior intelligence official, who refuses to reveal his identity but says he is speaking with the permission of the White House, will accuse Graham of “misremembering the briefings,” which he will call “very, very comprehensive.” The official will refuse to discuss the briefings in any but the most general terms, but will say they were intended “to make sure the Hill knows this program in its entirety, in order to never, ever be faced with the circumstance that someone says, ‘I was briefed on this but I had no idea that—’ and you can fill in the rest.” Graham will characterize the official’s description as saying: “[W]e held a briefing to say that nothing is different.… Why would we have a meeting in the vice president’s office to talk about a change and then tell the members of Congress there is no change?” House Minority Leader Nancy Pelosi (D-CA), who was also present at the meeting as the ranking Democrat on the House Intelligence Committee, will say the briefing described “President Bush’s decision to provide authority to the National Security Agency to conduct unspecified activities.” She will note that she “expressed my strong concerns” but did not go into detail. [WASHINGTON POST, 12/18/2005] Lawmakers Unaware of Pre-9/11 Surveillance - Though Bush officials eventually admit to beginning surveillance of US citizens only after the 9/11 attacks, that assertion is disputed by evidence suggesting that the domestic surveillance program began well before 9/11 (see Late 1999, February 27, 2000, December 2000, February 2001, February 2001, Spring 2001, and July 2001). In the briefing, Cheney informs the lawmakers of none of this. Entity Tags: Richard (“Dick”) Cheney, Senate Intelligence Committee, Nancy Pelosi, John D. Rockefeller, House Intelligence Committee, Bob Graham, George J. Tenet, George W. Bush, Michael Hayden, National Security Agency Timeline Tags: Civil Liberties

October 26, 2001: USA Patriot Act Becomes Law

President Bush signs the Patriot Act into law. [Source: White House] President Bush signs the USA Patriot Act (see October 2, 2001) into law. The act’s provisions include:

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 (D-HI) 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 websites 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) The act “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] Section 215 allows the FBI to ask the Foreign Intelligence Surveillance Court (FISC) for an order to obtain documents relating to counterterrorism investigations without meeting the usual standard of legal “probable cause” that a crime may have been committed. Senator Russ Feingold (D-WI—see October 9, 2001) says that Section 215 can allow the FBI to “go on a fishing expedition and collect information on virtually anyone.” Librarians will make Section 215 the centerpiece of their objections to the Patriot Act, arguing that the government can now “sweep up vast amounts of information about people who are not suspected of a crime.” In 2005, one librarian will say, “It reminds me of the Red Scare of the 1950s.” However, some FBI officials find it easier to use provisions of Section 505, which expands the usage of so-called “national security letters” (see November 28, 2001). [ROBERTS, 2008, PP. 39-40] 
7) The government can refuse to reveal how evidence is collected against a suspected terrorist defendant. [TAMPA TRIBUNE, 4/6/2003] 

Passes with No Public Debate - 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 were no hearings or congressional debates. [SALON, 3/24/2003] Congressman Barney Frank (D-MA) 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” (see October 2-4, 2001 and October 24, 2001). [VILLAGE VOICE, 11/9/2001] Only 66 congresspeople, and one senator, Feingold, 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 of the act point out that some of its provisions will expire in four years, but in fact most provisions will not expire. [CHICAGO TRIBUNE, 11/1/2001] Mounting Opposition - One year later, criticism of the law will grow. [SAN FRANCISCO CHRONICLE, 9/8/2002] Dozens of cities will later pass resolutions criticizing the Patriot Act (see January 12, 2003). Entity Tags: George W. Bush, USA Patriot Act, Foreign Intelligence Surveillance Court, US Congress, Patsy Mink, Russell D. Feingold, Barney Frank Timeline Tags: Complete 911 Timeline, Civil Liberties

October 28, 2001: Bush Says UN Must Disarm Iraq or US Will Invade 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] Entity Tags: Ari Fleischer, George W. Bush, United Nations, Saddam Hussein Timeline Tags: Events Leading to Iraq Invasion

Late October-Early November 2001: Al-Qaeda Fighters and Bin Laden Said to Move into Jalalabad without Hindrance In late October, US intelligence reports begin noting that al-Qaeda fighters and leaders are moving into and around the Afghan city of Jalalabad. By early November, Osama bin Laden is said to be there. [KNIGHT RIDDER, 10/20/2002] Counterterrorism “tsar” Richard Clarke will later recall: “We knew from day one the likely places that bin Laden would flee to. There had been lots of work done before 9/11 on where did he hang out, statistical analysis even. We knew Tora Bora was the place where he would be likely to go. People in CIA knew that; people in the counterterrorism community knew about it. We knew that what you should have done was to insert special forces—Rangers, that sort of thing—up into that area as soon as possible.” [PBS FRONTLINE, 6/20/2006] Knight Ridder Newspapers will later report: “American intelligence analysts concluded that bin Laden and his retreating fighters were preparing to flee across the border. However, the US Central Command, which was running the war, made no move to block their escape. ‘It was obvious from at least early November that this area was to be the base for an exodus into Pakistan,’ said one intelligence official, who spoke only on condition of anonymity. ‘All of this was known, and frankly we were amazed that nothing was done to prepare for it.’” [KNIGHT RIDDER, 10/20/2002] The vast majority of al-Qaeda’s leaders and fighters will eventually escape into Pakistan. In 2006, Newsweek reporter and columnist Michael Hirsh will write that Bush’s decision to ignore accurate intelligence about bin Laden’s presence in Tora Bora in favor of realigning the US’s war effort to focus on the “gathering threat” of Iraq’s Saddam Hussein was a strategic blunder that ranks alongside Adolf Hitler’s decision to invade the USSR in 1941. [RICH, 2006, PP. 208] Entity Tags: Michael Hirsh, Al-Qaeda, Osama bin Laden, Central Intelligence Agency, George W. Bush Timeline Tags: Complete 911 Timeline, War in Afghanistan

Late October 2001: White House Readies Military Commissions Order; Commissions Will Usurp Power from Legislative, Judicial Branches into Executive Deputy White House counsel Timothy Flanigan presents his subordinate, associate counsel Bradford Berenson, with a draft presidential order he has written establishing military tribunals for suspected terrorists. The draft order declares that President Bush is invoking his wartime powers as commander in chief to establish a system of military tribunals, sometimes called military commissions. Commissions More 'Flexible' - In the White House’s view, military tribunals offer several advantages over either civilian court trials or military courts-martial, as is being discussed in the interagency working group on prosecuting terrorists at the State Department (see Shortly Before September 23, 2001). Civilian trials would be subject to public scrutiny and media spectacle, and would pose a problem of security risks. Military courts-martial are quite rigid in their procedures and rules of evidence. Military commissions, as envisioned by Flanigan and the two other White House lawyers who put together the scheme—Berenson and David Addington, the chief counsel for Vice President Cheney—would offer more “flexibility” for the use of evidence gathered either under battlefield conditions or in interrogations, evidence that might not meet the standards of either a court-martial or a civilian trial. And, as author Charlie Savage will later note, “commissions enhanced presidential power by concentrating the process in the executive branch alone.” A 'Relic' - Savage will explain: “Under normal trials, Congress defines a crime and sets the sentence for it; the executive branch investigates and prosecutes people who are accused of committing the crime; and the judicial branch runs the trial, decides whether to admit evidence, determines whether the defendant is guilty or innocent, and hears any appeal. With a military commission, all these powers were collapsed into the hands of the armed forces and, ultimately, their commander in chief. Although fairly common in nineteenth-century conflicts, military commissions were a relic: They had not been used by the United States since World War II.” Support from Justice Department Lawyer - Their work will be bolstered when Justice Department lawyer Patrick Philbin issues a secret memo declaring that the president has the inherent authority to order military commissions (see November 6, 2001). Flanigan, Berenson, and Addington never inform the interagency working group of their own work, although they made use of the working group’s research. Flanigan, Berenson, and Addington cite Philbin’s memo as the definitive word on the president’s authority. When President Bush announces the order establishing the commissions (see November 13, 2001), the order abruptly short-circuits the interagency working group and renders its work irrelevant. [SAVAGE, 2007, PP. 134-135] Entity Tags: Patrick F. Philbin, Bush administration, Bradford Berenson, Charlie Savage, George W. Bush, US Department of State, David S. Addington, Richard (“Dick”) Cheney, Timothy E. Flanigan Timeline Tags: Civil Liberties

November 2001 and After: Press Official: Campaign to Shape Public Opinion in Favor of War Begins White House deputy press secretary Scott McClellan will, in 2008, write: “As soon as [President] Bush decided to confront Iraq, the groundwork for a public campaign began to be laid. The new doctrine on preemption (see Fall 2002) was part of the elaborate effort. So was the gradual ratcheting up of the rhetoric from late 2001 into 2002. Before 9/11, our rhetoric about Iraq had focused on warning Saddam Hussein not to develop weapons of mass destruction, while the policy centered on containing him with enhanced sanctions (see February 2001).… But by late November, the president was not ruling out military action against Iraq and he was saying that Iraq would be held accountable if it was found to be developing WMD.” [MCCLELLAN, 2008, PP. 135-136] Entity Tags: Scott McClellan, Bush administration, George W. Bush Timeline Tags: Events Leading to Iraq Invasion

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] Entity Tags: George W. Bush, US Congress Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

November 1, 2001: Bush Limits Access to Former Presidential Papers George W. Bush signs Executive Order 13233 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 Ronald 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. President Bush’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 (see January 20, 2001). [NEW YORK TIMES, 1/3/2003] 'Executive Fiat' - Bush’s executive order radically reforms the PRA and unilaterally imposes limitations never contemplated by Congress. Bush is, according to former Nixon White House counsel John Dean, “in essence… repealing an act of Congress and imposing a new law by executive fiat.” If not overturned by Congress or lawsuits, the executive order mandates the following, according to Dean:

Former presidents can keep their papers sealed indefinitely. 
Vice presidents have the power to invoke executive privilege, an authority limited to the president since 1969. 
The burden shifts from a presumption to release presidential documents unless good cause exists to keep them sealed, to the opposite, where an applicant must show good cause why a set of documents should be unsealed. 
Any request to release a former president’s papers must be approved by both the former president and the current incumbent. Either one’s objection keeps the papers sealed. 
“Representatives of former presidents” may invoke executive privilege after a former president’s death. Dean will write, “Although there is no constitutional basis whatsoever for this, under Bush’s order such a right can be passed from generation to generation, to friends, anyone.” 

Tom Connors of the Society of American Archivists will say, “What seems to be coming out of the [Bush-Cheney] administration is the idea that public information is a dangerous thing.” Historian Hugh Davis Graham, who will, before his death, take part in a lawsuit to overturn the order, will observe, “George W. Bush has a fetish for secrecy. And unless this executive order is overturned, it will be a victory for secrecy in government—a victory so total that it would make [former president Richard] Nixon jealous in his grave.” Dean will add, “Bush and Cheney assumed office planning to take total and absolute control of executive branch information. The truth will be what they say it is. They will decide what the public should know and when, if ever.” [DEAN, 2004, PP. 89-92] Entity Tags: Society of American Archivists, Bush administration, Tom Connors, George Herbert Walker Bush, Ronald Reagan, George W. Bush, John Dean, Hugh Davis Graham Timeline Tags: Civil Liberties

November 6, 2001: Justice Department Official Argues that President Has Power to Establish Military Commissions without Congressional Involvement Patrick Philbin, an attorney with the Justice Department’s Office of Legal Counsel, writes a lengthy and detailed memo arguing that the president may establish so-called “military commissions” for the trial and disposition of terror suspects without involvement in the US criminal justice system. Furthermore, Philbin opines, the president may do so without the approval or even the knowledge of Congress. [US DEPARTMENT OF JUSTICE, 11/6/2001 ; AMERICAN CIVIL LIBERTIES UNION, 1/28/2009 ] Philbin’s central argument is that 9/11 was an act of war, not a crime, and therefore the attacks triggered the president’s full array of war powers, including the inherent authority to create military commissions. Philbin cites a 1942 case where then-President Roosevelt created a military commission to try eight Nazi saboteurs captured inside the US during the first year of America’s involvement in World War II (see 1942); even though the Supreme Court backed Roosevelt, he felt unsure of the legality of such commissions, and did not use them in later trials of captured saboteurs. Since World War II, the laws of war have undergone drastic revisions, with Congress enacting the Uniform Code of Military Justice (UCMJ), which said that if military commissions were ever to be used again, they should use, as much as is practical, the same procedures and defendant rights as are found in military courts-martial. The Senate had also ratified the 1949 Geneva Conventions, which granted all wartime prisoners the right to a fair trial. Philbin’s memo ignores everything except the 1942 military commissions, and argues that if the president has the inherent and exclusive right to set up military commissions, as the Supreme Court had found, then Congress has no authority to restrict that right. [SAVAGE, 2007, PP. 136-137] Entity Tags: Office of Legal Counsel, Geneva Conventions, George W. Bush, Patrick F. Philbin, US Department of Justice Timeline Tags: Civil Liberties

November 6-10, 2001: Cheney Advisers and Justice Department Lawyer Yoo Write Proposal Denying Terror Suspects Right to Courts John Yoo, a lawyer for the Justice Department’s Office of Legal Counsel and a member of Vice President Cheney’s ad hoc legal team tasked to radically expand the power of the presidency, writes a legal brief declaring that President Bush does not need approval from Congress or the federal courts for denying suspected terrorists access to US courts, and instead can be tried in military commissions (see (After 10:00 a.m.) September 11, 2001). Two other team members, Cheney’s chief of staff David Addington and White House deputy counsel Timothy Flanigan, have decided that the government bureaucrats need to see that Bush can and will act, in the words of author Craig Unger, “without their blessing—and without the interminable process that goes along with getting that blessing.” Yoo’s opinion is a powerful object lesson. Yoo later says that he saw no need to seek the opinion of the State Department’s lawyers; that department hosts the archives of the Geneva Conventions and its lawyers are among the government’s top experts on the laws of war. “The issue we dealt with was: Can the president do it constitutionally?” Yoo will say. “State—they wouldn’t have views on that.” Neither does Yoo see a need to consult with his own superiors at the Justice Department. Attorney General John Ashcroft is livid upon learning that the draft gives the Justice Department no say in which alleged terrorists will be tried in military commissions. According to witnesses, Ashcroft confronts Cheney and David Addington over the brief, reminding Cheney that he is the president’s senior law enforcement officer; he supervises the FBI and oversees terrorism prosecutions throughout the nation. The Justice Department must have a voice in the tribunal process. He is enraged, participants in the meeting recall, that Yoo had recommended otherwise as part of the White House’s strategy to deny jurisdiction to the courts. Ashcroft talks over Addington and brushes aside interjections from Cheney: “The thing I remember about it is how rude, there’s no other word for it, the attorney general was to the vice president,” one participant recalls. But Cheney refuses to acquiesce to Ashcroft’s objections. Worse for Ashcroft, Bush refuses to discuss the matter with him, leaving Cheney as the final arbiter of the matter. In the following days, Cheney, a master of bureaucratic manipulation, will steer the new policy towards Bush’s desk for approval while avoiding the usual, and legal, oversight from the State Department, the Justice Department, Congress, and potentially troublesome White House lawyers and presidential advisers. Cheney will bring the order to Bush for his signature, brushing aside any involvement by Ashcroft, Secretary of State Colin Powell, or National Security Adviser Condoleezza Rice (see November 11-13, 2001). [UNGER, 2007, PP. 222-223; WASHINGTON POST, 6/24/2007] Entity Tags: John C. Yoo, Craig Unger, Condoleezza Rice, Colin Powell, David S. Addington, George W. Bush, John Ashcroft, US Department of State, Timothy E. Flanigan, US Department of Justice, Richard (“Dick”) Cheney, Office of Legal Counsel

November 7, 2001: Al Taqwa Bank Shut Down

Italian police raid Youssef Nada’s villa in Lugano, Italy. [Source: Keystone] 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). Entity Tags: Al-Qaeda, US Department of the Treasury, Muslim Brotherhood, Ali Himmat, Al Taqwa Bank, George W. Bush, Youssef Nada, Ahmad Huber, Al Barakaat Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 8, 2001: President Bush Calls Anthrax Attacks a Terrorist Attack on US In a speech, President Bush refers to the 9/11 attacks as the “first attack,” and then discusses the recent anthrax attacks (see October 5-November 21, 2001). “The second attack against America came in the mail. We do not know whether this attack came from the same terrorists. We don’t know the origin of the anthrax. But whoever did this unprecedented and uncivilized act is a terrorist.” [NEW YORK TIMES, 11/8/2001] Entity Tags: George W. Bush Timeline Tags: 2001 Anthrax Attacks

November 8, 2001: President Bush Calls for Volunteer Civil-Defense Service President Bush follows up Attorney General John Ashcroft’s declaration of victory over terrorism (see November 8, 2001) with a prime-time speech calling for the formation of a volunteer civil-defense service and a larger National Guard presence at airports, both to keep Americans safe from future terror attacks. Bush gives the speech in front of a backdrop emblazoned with the words, “United We Stand.” Bush ends his speech with the exhortation, “Let’s roll!” thought to be the final words of Flight 93 passenger Todd Beamer before he and his fellow passengers attacked their plane’s hijackers (see Shortly Before 9:58 a.m. September 11, 2001). Of the four major news networks, only ABC airs Bush’s speech live. [RICH, 2006, PP. 36-37] Entity Tags: George W. Bush Timeline Tags: Complete 911 Timeline

November 9, 2001: Conservatives Urge Bush to Withdraw from ABM Treaty Nine Republican senators, led by conservatives Jesse Helms (R-NC), Trent Lott (R-MS), and Jon Kyl (R-AZ), send a letter to President Bush urging him to withdraw from the 1972 Anti-Ballistic Missile Treaty (see May 26, 1972, May 1, 2001, and June 2001). They explain their position by arguing that the ABM Treaty has become “the most significant obstacle to improved relations between the United States and Russia.” This argument is a complete reversal of conservatives’ earlier positions: that arms control agreements such as the ABM Treaty did nothing to stabilize relations between the US and its nuclear-armed opponents. The argument also flies in the face of public and private statements by Russian leaders, who consider the treaty one of the key elements of stable US-Russian relations. Russian President Vladimir Putin has repeatedly stressed the importance of the treaty in maintaining nuclear parity between the two nations (see July 2001), even as Russia seeks to reduce its nuclear arsenal from 6,000 to 1,500 deployed missiles. In 2008, author J. Peter Scoblic will speculate as to why conservatives wish to withdraw from the treaty: “For isolationists, missile defense renewed the dream of Fortress America, allowing us to retreat even further from crises abroad. For nationalists and moralists, missile defense was a shield against engagement and detente in the event that, say, North Korea was to develop a nuclear-armed ICBM (see August 31, 1998). For neoconservatives, missile defense was a necessary adjunct to their proactive vision of changing regimes and democratizing the world” (see March 12, 2001). [SCOBLIC, 2008, PP. 174-176] Entity Tags: Vladimir Putin, George W. Bush, J. Peter Scoblic, Trent Lott, Jon Kyl, Jesse Helms Timeline Tags: US International Relations

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] Entity Tags: UN General Assembly, George W. Bush Timeline Tags: Complete 911 Timeline, 9/11 Timeline

November 10, 2001: Cheney and Selected Lawyers Finalize Draft of Presidential Order Establishing Military Commissions Vice President Cheney leads a meeting at the White House to put the finishing touches on a draft presidential order establishing military commissions (see Late October 2001 and November 9, 2001). The meeting includes Attorney General John Ashcroft, Defense Department chief counsel William J. Haynes, and several White House lawyers, but leaves out senior officials of the State Department and the National Security Council. Cheney has decided to tell neither National Security Adviser Condoleezza Rice nor Secretary of State Colin Powell about the order until it has already been signed. Cheney has also told no one in the interagency working group ostensibly formulating the administration’s approach to prosecuting terrorists (see Shortly Before September 23, 2001). Ashcroft angrily dissents from Cheney’s plan to give the White House sole authority over the commissions, and invokes his authority as the nation’s top law enforcement official to demand that the Justice Department be given a say in the decision. Cheney overrules Ashcroft’s objections. He will discuss the draft with President Bush over lunch a few days later (see November 11-13, 2001). [NEW YORK TIMES, 10/24/2004; SAVAGE, 2007, PP. 138] Entity Tags: William J. Haynes, Colin Powell, George W. Bush, John Ashcroft, Condoleezza Rice, Richard (“Dick”) Cheney Timeline Tags: Torture of US Captives, Civil Liberties

November 11-13, 2001: Cheney Presents Torture Memo to Bush in Private; Dodges Procedure, Law At a private lunch meeting, Vice President Cheney presents President Bush with a four-page memo, written in strict secrecy by lawyer John Yoo of the Justice Department’s Office of Legal Counsel (see November 6-10, 2001), and a draft executive order that establishes military commissions for the trial of suspected terrorists (see November 10, 2001). The legal brief mandates that foreign terrorism suspects held in US custody have no access to any courts whatsoever, civil, criminal, military, domestic, or foreign. They can be detained indefinitely without charges. If they are to be tried, they can be tried in closed “military commissions.” [WHITE HOUSE, 11/13/2001; SAVAGE, 2007, PP. 138; WASHINGTON POST, 6/24/2007] Military Commissions Suitable to 'Unitary Executive' Agenda - According to author Craig Unger, military commissions are a key element of Cheney’s drive towards a “unitary executive,” the accretion of governmental powers to the presidency at the expense of the legislative and judicial branches. Federal trials for terror suspects would put them under all the legal procedures provided under the US judicial system, an unacceptable alternative. Military courts-martial would give them the rights granted by the Geneva Conventions. Military commissions, however, are essentially tribunals operating outside of both civilian and military law. Defendants have few rights. Secret evidence can be admitted without being disclosed to the defendants. Hearsay and coerced testimony are admissible. Prisoners can be held indefinitely. [UNGER, 2007, PP. 221-222] No Bureaucratic Footprints - After Bush peruses the memo and the draft order, Cheney takes them back with him to his office. After leaving Bush, Cheney takes extraordinary steps to ensure that no evidence of his involvement remains. The order passes from Cheney to his chief counsel David Addington, and then to associate White House counsel Bradford Berenson. At Berenson, the provenance of the order breaks, as no one tells him of its origin. Berenson rushes the order to deputy staff secretary Stuart Bowen with instructions to prepare it for signature immediately, without advance distribution to Bush’s top advisers. Bowen objects, saying that he had handled thousands of presidential documents without ever sidestepping the strict procedures governing coordination and review. Bowen relents only after being subjected to what he will later recall as “rapid, urgent persuasion” that Bush is standing by to sign and that the order is too sensitive to delay. Berenson will later say he understood that “someone had briefed” Bush “and gone over it” already. “I don’t know who that was.” When it is returned to Bush’s office later in the day, Bush signs it immediately (see November 13, 2001). Virtually no one else has seen the text of the memo. The Cheney/Yoo proposal has become a military order from the commander in chief. Dodging Proper Channels - The government has had an interagency working group, headed by Pierre Prosper, the ambassador at large for war crimes, working on the same question (see Shortly Before September 23, 2001). But Cheney and Addington have refused to have any contact with Prosper’s group; one of Cheney’s team later says, “The interagency [group] was just constipated.” Cheney leapfrogged over Prosper’s group with their own proposal, performing an adroit bureaucratic move that puts their proposal in place without any oversight whatsoever, and cutting Prosper’s group entirely out of the process. When the news of the order is broadcast on CNN, Secretary of State Colin Powell demands, “What the hell just happened?” An angry Condoleezza Rice, the president’s national security adviser, sends an aide to find out. Virtually no one, even witnesses to the presidential signing, know that Cheney promulgated the order. In 2007, Washington Post reporters Barton Gellman and Jo Becker will call the episode “a defining moment in Cheney’s tenure” as vice president. Cheney has little Constitutional power, but his deft behind-the-scenes manuevering and skilled bureaucratic gamesmanship enable him to pull off coups like this one, often leaving even the highest White House officials none the wiser. “[H]e has found a ready patron in George W. Bush for edge-of-the-envelope views on executive supremacy that previous presidents did not assert,” the reporters write. [WHITE HOUSE, 11/13/2001; UNGER, 2007, PP. 221-222; WASHINGTON POST, 6/24/2007] Quiet Contravening of US Law - Six years later, Unger will observe that few inside or outside Washington realize that Cheney has, within a matter of days, contravened and discarded two centuries of American law. He has given the president, in the words of former Justice Department lawyer Bruce Fein, “the functions of judge, jury, and prosecutor in the trial of war crimes [and] the authority to detain American citizens as enemy combatants indefinitely… a frightening power indistinguishable from King Louis XIV’s execrated lettres de cachet that occasioned the storming of the Bastille.” [UNGER, 2007, PP. 223-224] Entity Tags: Stuart W. Bowen, Office of Legal Counsel, Richard (“Dick”) Cheney, US Department of Justice, John C. Yoo, David S. Addington, George W. Bush, Barton Gellman, Bradford Berenson, Jo Becker, Bruce Fein, Condoleezza Rice, Craig Unger, Colin Powell, Pierre-Richard Prosper Timeline Tags: Civil Liberties

November 13, 2001: President Bush Authorizes Military Tribunals for Alleged Terrorists President Bush issues a three-page executive order authorizing the creation of military commissions to try non-citizens alleged to be involved in international terrorism (see November 10, 2001). 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] Questionable Rule of Evidence Adopted - 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. Specifics Left to Rumsfeld - Bush’s executive order contains few specifics about how the commissions will actually function. Bush will delegate that task to Rumsfeld, although, as with the order itself, White House lawyers will actually make the decision to put Rumsfeld in charge, and Bush will merely sign off on the decision (see March 21, 2002). [SAVAGE, 2007, PP. 138] Dispute over Trial Procedures - 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 Defense Department chief counsel William J. Haynes, and Justice Department and White House lawyers (including White House counsel Alberto Gonzales, vice presidential counsel David Addington, and Gonzales’ deputy Timothy Flanigan) taking a more restrictive line. [NEW YORK TIMES, 10/24/2004] Out of the Loop - Both National Security Adviser Condoleezza Rice and Secretary of State Colin Powell were left outside of the circle during the drafting of this directive (see November 6, 2001 and November 9, 2001). Rice is reportedly angry about not being informed. [NEW YORK TIMES, 10/24/2004] Serious 'Process Failure' - National Security Council legal adviser John Bellinger will later call the authorization a “process failure” with serious long-term consequences (see February 2009). Entity Tags: George W. Bush, John Bellinger, Donald Rumsfeld, Colin Powell, Condoleezza Rice, David S. Addington, Alberto R. Gonzales, William J. Haynes, Timothy E. Flanigan Timeline Tags: Torture of US Captives, Civil Liberties

November 14, 2001: Cheney: Terror Suspects ‘Don’t Deserve to be Treated as Prisoner[s] of War’ In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [WHITE HOUSE, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [WASHINGTON POST, 6/24/2007] Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration Timeline Tags: Torture of US Captives

November 15, 2001: Military Commissions Order Creates Conflict among Administration Supporters, Critics President Bush’s order to establish military tribunals, or commissions, to try suspected terrorists (see November 13, 2001) is defended by Vice President Cheney, who tells reporters that the suspects subjected to such tribunals “don’t deserve to be treated as prisoners of war. They don’t deserve the same guarantees and safeguards we use for an American citizen.” Law professor Douglas Kmiec agrees. “This is the answer for what we’re dealing with: unlawful belligerents who do not come within our constitutional structure,” he says. “The president’s order is not extraordinary when one places it in the context of historic military campaigns.” Civil libertarians and administration critics disagree. Representative John Conyers (D-MI) says military commissions are based on the “thinnest legal precedents” and would “antagonize our allies and alienate the many legal immigrants in this country.” Law professor Anne-Marie Slaughter notes: “President Bush has said this is a war to bring terrorists to justice. So the real question is, what’s justice? That requires a fair trial and proof beyond a reasonable doubt, and that is not the aim of a military tribunal.” A better option, she says, would be convening an international war crimes tribunal. And law professor Joshua Rosenkranz says: “There is a natural temptation to hunker down whenever we are in crisis. But there is a danger that this hysteria-driven effort to protect to ourselves is weakening the foundations of our democracy.” [USA TODAY, 11/15/2001] Entity Tags: Richard (“Dick”) Cheney, Anne-Marie Slaughter, Douglas Kmiec, Joshua Rosenkranz, John Conyers, George W. Bush Timeline Tags: Civil Liberties

Mid-November 2001: Bin Laden ‘Confession’ Video Made, According to US

Khaled al-Harbi (right) talking to Osama bin Laden or one of his doubles. [Source: US Department of Defense] 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. [UNKNOWN, 2001; 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 ] 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).

Entity Tags: Jack Straw, George W. Bush, Central Intelligence Agency, Khaled al-Harbi, Ayman al-Zawahiri, Bush administration, Suliman abu Ghaith, Osama bin Laden Timeline Tags: Complete 911 Timeline, 9/11 Timeline

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] Entity Tags: Param Cumaraswamy, Colin Powell, George W. Bush Timeline Tags: Torture of US Captives

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] Entity Tags: George W. Bush Timeline Tags: Complete 911 Timeline

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). Entity Tags: Donald Rumsfeld, George W. Bush, Thomas Franks, Condoleezza Rice Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

November 27, 2001: Rumsfeld Tells Franks ‘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] Entity Tags: Donald Rumsfeld, George W. Bush, Thomas Franks Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion

November 29-30, 2001: Neoconservative Group Encourages Bush Administration to Invade Iraq as First Step to Dominating Middle East

Christopher DeMuth. [Source: American Enterprise Institute] Deputy Secretary of Defense Paul Wolfowitz arranges for Christopher DeMuth, president of the neoconservative think tank The American Enterprise Institute (AEI), to create a group to strategize about the war on terrorism. The group DeMuth creates is called Bletchley II, named after a team of strategists in World War II. The dozen members of this secret group include:

Bernard Lewis, a professor arguing that the US is facing a clash of civilizations with the Islamic world. 
Fareed Zakaria, a Newsweek editor and columnist. 
Mark Palmer, a former US ambassador to Hungary. 
Fouad Ajami, director of the Middle Eastern Studies Program at the Paul H. Nitze School of Advanced International Studies. 
James Wilson, a professor and specialist in human morality and crime. 
Ruel Marc Gerecht, a former CIA Middle East expert. 
Steve Herbits, a close consultant to Defense Secretary Donald Rumsfeld. 

According to journalist Bob Woodward, the group comes to quick agreement after just two days of discussions and a report is made from their conclusions. They agree it will take two generations for the US to defeat radical Islam. Egypt and Saudi Arabia are the keys to the problems of the Middle East, but the problems there are too intractable. Iran is similarly difficult. But Iraq is weak and vulnerable. DeMuth will later comment: “We concluded that a confrontation with Saddam [Hussein] was inevitable. He was a gathering threat - the most menacing, active, and unavoidable threat. We agreed that Saddam would have to leave the scene before the problem would be addressed.” That is the key to transform the region. Vice President Dick Cheney is reportedly pleased with their report. So is National Security Adviser Condoleezza Rice, who finds it “very, very persuasive.” It is said to have a strong impact on President Bush as well. Woodward later notes the group’s conclusions are “straight from the neoconservative playbook.” [WOODWARD, 2006, PP. 83-85] Entity Tags: Richard (“Dick”) Cheney, Steve Herbits, Paul Wolfowitz, Fareed Zakaria, Fouad Ajami, George W. Bush, Donald Rumsfeld, Condoleezza Rice, Mark Palmer, Reuel Marc Gerecht, Bernard Lewis, Christopher DeMuth, James Wilson Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, Neoconservative Influence

Late November 2001: CIA Advises Bush and Cheney That Allies Won’t Help Trap Bin Laden, but No Action Is Taken

Hank Crumpton. [Source: State Department] 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] Entity Tags: Taliban, Hank Crumpton, George W. Bush, Richard (“Dick”) Cheney Timeline Tags: Complete 911 Timeline, War in Afghanistan

Late 2001: President Bush Fails to Fund Program to Reform Radical Islamist Boarding Schools in Pakistan Not long after 9/11, US Ambassador to Pakistan Wendy Chamberlin proposes a substitute for the mostly private funding of madrassas [religious boarding schools] in Pakistan. There are over 10,000 madrassas in that country, and many of them teach a radical form of Islam that promotes Islamist militancy. Counterterrorism “tsar” Wayne Downing supports Chamberlin’s idea, and says the madrassa system is “the root of many of the recruits for the Islamist movement.” In early 2001, the Pakistani government approved a plan that would require the completely unregulated madrassas to register with the government for the first time, halt all funding from abroad (which often comes from militant supporters in Saudi Arabia), and modify their curricula to teach modern subjects such as math, science, and history. However, Pakistan lacks the money for an education system to replace the madrassas. In late 2001, President Bush promises Pakistani President Pervez Musharraf that he will fund a $300 million education plan. But the plan does not survive the White House budget request that year. The madrassas are not reformed in any way—even the plan to have them register is dropped. Pakistani journalist Ahmed Rashid will later comment, “The US State Department and USAID maintained the charade that Pakistan was actively carrying out reforms.” [WASHINGTON POST, 10/22/2004; RASHID, 2008, PP. 235-236] Entity Tags: Wayne Downing, George W. Bush, US Department of State, Pervez Musharraf, USAID Timeline Tags: Complete 911 Timeline

Late 2001-Early 2002: Rumsfeld Creates Ultra-Secret Program to Kill, Capture, and/or Interrogate ‘High Value’ Terrorists Defense Secretary Donald Rumsfeld authorizes the creation of a “special-access program,” or SAP, with “blanket advance approval to kill or capture and, if possible, interrogate ‘high value’ targets in the Bush administration’s war on terror.” The operation, known as “Copper Green,” is approved by Condoleezza Rice and known to President Bush. A SAP is an ultra secret project, the contents of which are known by very few officials. “We’re not going to read more people than necessary into our heart of darkness,” a former senior intelligence official tells investigative reporter Seymour Hersh. The SAP is brought up occasionally within the National Security Council (NSC), chaired by the president and members of which are Rumsfeld, Cheney, and Powell. The former intelligence official tells Hersh, “There was a periodic briefing to the National Security Council giving updates on results, but not on the methods.” He also says he believes NSC members know about the process by which these results are acquired. This official claims that fewer than two hundred operatives and officials, including Rumsfeld and Joint Chiefs of Staff Chairman Gen. Richard Myers were “completely read into the program.” Under-Secretary of Defense for Intelligence Stephen Cambone is generally in charge of running such operations. Motive for the SAP comes from an initial freeze in the results obtained by US agents from their hunt for al-Qaeda. Friendly foreign intelligence services on the other hand, from countries in the Middle East and South-East Asia, which employ more aggressive tactics on prisoners, are giving up much better information by the end of 2001. By authorizing the SAP, Rumsfeld, according to Hersh, desires to adopt these tactics and thus increase intelligence results. “Rumsfeld’s goal was to get a capability in place to take on a high-value target—a stand-up group to hit quickly,” the former intelligence official tells Hersh. The program’s operatives were recruited from among Delta Force, Navy Seals, and CIA’s paramilitary experts. They are permitted to carry out “instant interrogations—using force if necessary—at secret CIA detention centers scattered around the world.” Information obtained through the program is sent to the Pentagon in real-time. The former intelligence official tells Hersh: “The rules are ‘Grab whom you must. Do what you want.’” The operation, according to Seymour Hersh, “encouraged physical coercion and sexual humiliation.” [NEW YORKER, 5/24/2004; GUARDIAN, 9/13/2004] Both the Defense Department and CIA deny the existence of Copper Green. One Pentagon spokesman says of Hersh’s article about it, “This is the most hysterical piece of journalist malpractice I have ever observed.” [CNN, 5/17/2004] Entity Tags: Stephen A. Cambone, Richard B. Myers, Richard (“Dick”) Cheney, George W. Bush, Colin Powell, Condoleezza Rice, Donald Rumsfeld, Operation Copper Green Timeline Tags: Torture of US Captives, Complete 911 Timeline

Early December 2001: CIA Again Warns Bush ‘Back Door Is Open’ for Bin Laden to Escape Tora Bora

Radios, weapons, and simple supplies in a Tora Bora cave allegedly occupied by al-Qaeda forces. [Source: Confidential source via Robin Moore] According to author Ron Suskind, the CIA continues to press President Bush to send US troops to surround the caves in Tora Bora where bin Laden is believed to be hiding. It is about a 15 square-mile area. The CIA issued similar warnings a few weeks earlier (see Late November 2001). Suskind relates: “A fierce debate was raging inside the upper reaches of the US government. The White House had received a guarantee from [Pakistani President Pervez] Musharraf in November that the Pakistani army would cover the southern pass from the caves (see November 2001). Bush, Cheney, and Rumsfeld felt the Pakistani leader’s assurance was sound. Classified CIA reports passed to Bush in his morning briefings of early December, however, warned that ‘the back door is open’ and that a bare few Pakistani army units were visible gathering near the Pakistani border.… Musharraf, when pressed by the White House, said troop movements were slow, but not to worry-they were on their way.” [SUSKIND, 2006, PP. 74] But again, no US troops are sent, and Pakistani troops fail to arrive in time. Bin Laden eventually will escape into Pakistan (see Mid-December 2001). Entity Tags: Pervez Musharraf, George W. Bush, Donald Rumsfeld, Richard (“Dick”) Cheney Timeline Tags: Complete 911 Timeline, War in Afghanistan

December 2, 2001: British Newspaper Reveals Secret US Plan to Invade Iraq after ‘Stage-Managed Uprising’ The Observer publishes an article entitled, “Secret US Plan for Iraq War.” It states that the US is planning to remove Saddam Hussein from power by giving armed support to Iraqi opposition forces. It also says that President Bush has ordered the CIA and US military to prepare plans for a military operation that could start “within months.” The plan calls for “a combined operation with US bombers targeting key military installations while US forces assist opposition groups in the north and south of the country in a stage-managed uprising,” and one version of the plan would have US forces fighting on the ground. The trigger for the attack would be Iraq refusing to allow UN inspectors back in. The article notes that justification for a war based on alleged Iraqi links to the 9/11 attacks is fading, but US officials believe they can make a case based on Iraqi possession of WMDs instead. One European military source who recently returned from General Tommy Franks’s headquarters in Florida says: “The Americans are walking on water. They think they can do anything at the moment.” [OBSERVER, 12/2/2001] The claim that the US is planning a “stage-managed uprising” will later be borne out. Right around this time, some CIA planners come up with a plan code-named Anabasis to create an uprising in Iraq (see Late November 2001 or December 2001). Entity Tags: US Military, George W. Bush, Central Intelligence Agency Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

December 3-14, 2001: Bush Administration Officials Tip Off Reporters About Raids on Suspect Charities On December 3, 2001, New York Times reporter Judith Miller telephones officials with the Holy Land Foundation charity in Texas and asks them to comment about what she says is a government raid on the charity planned for the next day. Then in a December 4, 2001, New York Times article, Miller writes that President Bush is about to announce that the US is freezing the assets of Holy Land and two other financial groups, all for supporting Hamas. US officials will later argue that Miller’s phone call and article “increased the likelihood that the foundation destroyed or hid records before a hastily organized raid by agents that day.” Later in the month, a similar incident occurs. On December 13, New York Times reporter Philip Shenon telephones officials at the Global Relief Foundation in Illinois and asks them to comment about an imminent government crackdown on that charity. The FBI learns that some Global Relief employees may be destroying documents. US attorney Patrick Fitzgerald had been investigating the charities. He had been wiretapping Global Relief and another charity in hopes of learning evidence of criminal activity, but after the leak he changes plans and carries out a hastily arranged raid on the charity the next day (see December 14, 2001). Fitzgerald later seeks records from the New York Times to find out who in the Bush administration leaked information about the upcoming raids to Miller and Shenon. However, in 2005 Fitzgerald will lose the case. It is still not known who leaked the information to the New York Times nor what their motives were. Ironically, Fitzgerald will succeed in forcing Miller to reveal information about her sources in another extremely similar legal case in 2005 involving the leaking of the name of CIA agent Valerie Plame. [NEW YORK TIMES, 12/4/2001; NEW YORK TIMES, 12/15/2001; WASHINGTON POST, 9/10/2004; WASHINGTON POST, 2/25/2005] The 9/11 Commission will later conclude that in addition to the above cases, “press leaks plagued almost every [raid on Muslim charities] that took place in the United States” after 9/11. [WASHINGTON POST, 9/10/2004] Entity Tags: Philip Shenon, Patrick Fitzgerald, Judith Miller, Hamas, Holy Land Foundation for Relief and Development, Federal Bureau of Investigation, George W. Bush, Global Relief Foundation, Bush administration Timeline Tags: Complete 911 Timeline, 9/11 Timeline

December 13, 2001: Authenticity of Bin Laden ‘Confession’ Video Is Disputed

The man in the picture on the left is supposed to be bin Laden in October 2001. The picture on the right is undisputendly bin Laden in December [Source: Reuters] Following the release of a home video in which Osama bin Laden apparently confesses to involvement in 9/11 (see Mid-November 2001), some commentators question its authenticity, as a number of strange facts about the video soon emerge. For example, all previous videos had been made with the consent of bin Laden, and usually released to the Arabic television channel Al Jazeera. This video was supposedly recorded without his knowledge, found in a house in Afghanistan, and then passed to the CIA by an unknown person or group. Experts point out that it would be possible to fake such a video. So many people doubt the video’s authenticity that President Bush soon makes a statement, saying it was “preposterous for anybody to think this tape was doctored. Those who contend it’s a farce or a fake are hoping for the best about an evil man.” [GUARDIAN, 12/15/2001] Some commentators will suggest that the person thought to be bin Laden is not actually the al-Qaeda leader. For example, arabist Kevin Barrett will say that the person in the video is “at least 40 or 50 pounds heavier, and his facial features [are] obviously different.” [CAPITAL TIMES (MADISON), 2/14/2006] The man said to be bin Laden also makes some questionable statements in the video:

“I was thinking that the fire from the gas in the plane would melt the iron structure of the building…” [US DEPARTMENT OF DEFENSE, 12/13/2001 ] The jet fuel spilled from the planes burned up about 10 minutes after impact (see 8:57 a.m. September 11, 2001), the towers’ structure did not melt (see September 12, 2001-February 2002), and the towers were not made of iron, but steel. [NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, 9/2005, PP. 6 ] Bin Laden had studied civil engineering at university and had experience as a construction contractor. [BURKE, 2004, PP. 47; LADEN, 2005, PP. XII-XIII] It is unclear why he would think the towers were made of iron. 
“We did not reveal the operation to [the brothers who conducted the operation] until they are there and just before they boarded the planes.” [US DEPARTMENT OF DEFENSE, 12/13/2001 ] All the hijackers purchased tickets for the 9/11 flights about two weeks in advance (see August 25-September 5, 2001). The six plot leaders had flight training (see July 6-December 19, 2000, (June 28-December 2000), January-February 2001, and May 5 and 10, 2000), and some of the other 13 are thought to have assisted with target surveillance and casing flights (see May 24-August 14, 2001, August 1, 2001, June 2001 and August 2001). 
“Those who were trained to fly didn’t know the others. One group of people did not know the other group.” [US DEPARTMENT OF DEFENSE, 12/13/2001 ] The opposite is true: the pilots intermingled with the muscle and the teams for the various planes mixed (see April 23-June 29, 2001, April 12-September 7, 2001, and June 27-August 23, 2001). 

There are reports that bin Laden had from four to ten look-alike doubles at the time. [AGENCE FRANCE-PRESSE, 10/7/2001; LONDON TIMES, 11/19/2001] Entity Tags: Bush administration, Kevin Barrett, Central Intelligence Agency, George W. Bush, Osama bin Laden Timeline Tags: Complete 911 Timeline, 9/11 Timeline

December 13, 2001: Bush Administration Invokes ‘National Interest’ in Refusing to Turn Over Documents to Congress The Bush administration solves the dilemma surrounding a request by Congressman Dan Burton (R-IN) for documents from the Clinton administration (see Early September, 2001) by placing secrecy and executive privilege above a chance to potentially attack Clinton. Burton has tucked the request for the Clinton documents in with another request on a far more serious matter, possible malfeasance by an FBI office. President Bush instructs Attorney General John Ashcroft not to turn over the documents on either case, explaining that turning over the documents would violate the “national interest” by giving Congress documents related to “prosecutorial decision making.” Burton, the Republican and Democratic members of the House Government Reform Committee, and editorial writers and commentators around the country criticize the administration over the refusal to turn over the documents, particularly the FBI information. The White House adds fuel to the controversy by claiming, both on this day and in a January 2002 letter from White House counsel Alberto Gonzales, that the refusal is consistent with long-standing Justice Department policy (see January 10, 2002). The committee will secure an opinion from eminent Constitutional scholar Professor Charles Tiefer, who will show that the White House’s argument is flatly wrong. [DEAN, 2004, PP. 85-88] 'Your Guy's Acting Like a King' - An infuriated Burton confronts a lower-level Justice Department official sent to testify about the government’s position: “We’ve got a dictatorial president and a Justice Department that does not want Congress involved. Your guy’s acting like he’s king.” In his official comments, Burton accuses the Bush administration of setting a “terrible, terrible precedent” in the name of executive power. “This is not a monarchy,” Burton says. “The legislative branch has oversight responsibilities to make sure there is no corruption in the executive branch.” In the Senate, Charles Grassley (R-IA) agrees with Burton. “Anything that limits legitimate Congressional oversight is worrisome,” he says. “This move needs to be carefully scrutinized, particularly in an atmosphere where Congress is giving the Justice Department additional powers and authority.” Politics over Principles - But the storm of Congressional criticism will have little lasting effect. In 2007, author Charlie Savage will write: “[P]olitics defeated… principles. Most Republicans were unwilling to challenge Bush, and many Democrats opposed Burton’s probes of the Clinton campaign fund-raising, so few members of either party were interested in fighting the White House about it. And because Bush’s first invocation of [executive privilege] was done in part to protect Clinton and the Democrats, the gesture seemed principled rather than self-serving. It was tactically brilliant.” [SAVAGE, 2007, PP. 98] Administration Later Turns Over Documents - After the media controversy, the administration quietly, and without public acknowledgment, will provide the FBI material to the committee. The committee’s final report on the FBI investigation will conclude with six pages of withering criticism of the administration’s fallacious claim to executive privilege. However, as former Nixon White House counsel John Dean will note in 2004, the criticism from the committee is essentially meaningless to the White House, because it will garner no attention from the media and thereby cost the administration no political capital. And while some observers cannot understand why the administration would take such a hardline stand on an issue that lacks any implications for national security, the public interest, or the protection of ongoing criminal investigations, Dean will write that “it makes absolute sense if the administration’s aim is total information control.” He adds: “Accordingly, its policy remains to employ executive privilege aggressively, as long as the political price is not too high. If this administration is given a second term, there will be no price too high to expand this presidential privilege, enabling the executive branch to remain completely unaccountable.” [DEAN, 2004, PP. 85-88] Court Upholds Bush Actions - In 2003, a district court will uphold the Bush administration’s refusal to turn over the documents to Burton’s committee (see March 28, 2003). Entity Tags: John Dean, House Committee on Government Reform, Dan Burton, Clinton administration, Bush administration, Charles Tiefer, Charlie Savage, Federal Bureau of Investigation, George W. Bush Timeline Tags: Civil Liberties

December 13, 2001: US Withdraws from Anti-Ballistic Missile Treaty with Russia

US nuclear missiles such as this one will no longer be restricted under the ABM treaty. [Source: Associated Press / CNN] President Bush announces that the US is unilaterally withdrawing from the 1972 Anti-Ballistic Missile (ABM) Treaty (see May 26, 1972). The treaty, negotiated with the former Soviet Union in 1972, sets strict limitations on missile and missile defense developments by both Russia and the US. After the six-month withdrawal period is concluded in mid-2002, the US will begin developing an anti-missile defense system, an outgrowth and extension of the old “Star Wars” system (see March 23, 1983). Bush tells reporters: “Today I am giving formal notice to Russia that the United States of America is withdrawing from this almost 30-year-old treaty.… I have concluded the ABM treaty hinders our government’s ability to develop ways to protect our people from future terrorist or rogue state missile attacks.” Bush explains: “The 1972 ABM treaty was signed by the United States and the Soviet Union at a much different time, in a vastly different world. One of the signatories, the Soviet Union, no longer exists and neither does the hostility that once led both our countries to keep thousands of nuclear weapons on hair-trigger alert, pointed at each other.… Today, as the events of September 11 made all too clear, the greatest threats to both our countries come not from each other, or from other big powers in the world, but from terrorists who strike without warning or rogue states who seek weapons of mass destruction.” Defense Secretary Donald Rumsfeld calls the treaty “outdated.” [WHITE HOUSE, 12/13/2001; CNN, 12/14/2001] Follows Failure to Persuade Russia to Drop Treaty - The decision follows months of talks in which Bush officials attempted without success to persuade Russia to set the treaty aside and negotiate a new one more favorable to US interests. Bush says that he and Russian President Vladimir Putin “have also agreed that my decision to withdraw from the treaty will not in any way undermine our new relationship or Russian security.” Putin calls Bush’s decision a “mistake,” and says the two nations should move quickly to create a “new framework of our strategic relationship.” Putin says on Russian television that the US decision “presents no threat to the security of the Russian Federation.” He also says that the US and Russia should decrease their present stockpiles of nuclear weapons. He wants what he calls “radical, non-reversible and verifiable reductions in offensive weapons”; in turn, the Bush administration is against any sort of legally binding agreements. Putin says, “Today, when the world has been faced with new threats, one cannot allow a legal vacuum in the sphere of strategic stability.” [CNN, 12/14/2001; CNN, 12/14/2001] 'Abdication of Responsibility' - Senate Democrats (see December 13-14, 2001) and non-proliferation experts (see December 13, 2001) strongly question the decision to withdraw. Singapore’s New Straits Times writes: “History will one day judge the US decision to withdraw from the Anti-Ballistic Missile Treaty in the same way it views the US failure in 1919 to join the League of Nations—as an abdication of responsibility, a betrayal of humankind’s best hopes, an act of folly. By announcing the decision now, in the midst of a war on terrorism that commands worldwide support, the Bush administration has also displayed a cynicism that will adversely affect the mood of cooperation that has characterized international relations since September 11.” [CARTER, 2004, PP. 272-273] Sweden’s foreign ministry warns of possibly “serious consequences for the future of international disarmament.” [BBC, 12/13/2001] Seizure of Presidential Power - Regardless of the wisdom of withdrawing from the treaty, Bush’s decision has another effect that is subjected to far less public scrutiny: by unilaterally withdrawing the US from the treaty on his own authority, Bush, in the words of author Charlie Savage, “seized for the presidency the power to pull the United States out of any treaty without obtaining the consent of Congress.” Savage, writing in 2007, will note that the Constitution does not provide a clear method of withdrawing the US from an international treaty. However, he will write, judging from the fact that the US Senate must vote to ratify a treaty before it becomes binding, it can be inferred that the Founders intended for the legislature, not the executive branch, to have the power to pull out of a treaty. In Volume 70 of the Federalist Papers, Alexander Hamilton wrote that treaties are far too important to entrust to the decision of one person who will be in office for as few as four years. Hamilton wrote, “The history of human conduct does not warrant that exalted opinion of human virtue which would make it wise in a nation to commit interests of so delicate and momentous a kind, as those which concern its intercourse with the rest of the world, to the sole disposal of a magistrate created and circumstanced as would be a president of the United States.” [SAVAGE, 2007, PP. 140] Entity Tags: Vladimir Putin, Charlie Savage, George W. Bush, Singapore Straits Times, Bush administration Timeline Tags: US International Relations

December 20, 2001: Bush Says He Did Not Feel ‘Sense of Urgency’ to Deal with Bin Laden Before 9/11 In an interview with the Washington Post, President Bush says that, in contrast to the period before 9/11, “there was a significant difference in my attitude after September 11” about al-Qaeda and the threat it posed to the United States. Before the attacks: “I was not on point, but I knew [Osama bin Laden] was a menace and I knew he was a problem. I knew he was responsible, or we felt he was responsible, for the previous bombings that killed Americans. I was prepared to look at a plan that would be a thoughtful plan that would bring him to justice, and would have given the order to do that. I have no hesitancy about going after him. But I didn’t feel that sense of urgency, and my blood was not nearly as boiling.” Author Philip Shenon will comment that this interview is something Bush “almost certainly regretted later.” Shenon will also comment on who should have imparted such a sense of urgency, “If anyone on the White House staff had responsibility for making Bush’s blood ‘boil’ that summer about Osama bin Laden, it was [National Security Adviser] Condoleezza Rice.” [WASHINGTON POST, 5/17/2002; SHENON, 2008, PP. 154-155] Entity Tags: Philip Shenon, George W. Bush, Condoleezza Rice, Osama bin Laden Timeline Tags: Complete 911 Timeline

December 21, 2001: President Bush Mulling Treason Charges Against John Walker Lindh President Bush says he has not ruled out bringing treason charges against John Walker Lindh, a US citizen (see Late morning, November 25, 2001). While he at first called him a “poor boy” who was “misled,” Bush now says Lindh is a member of al-Qaeda. “Walker’s unique,” Bush says, “in that he’s the first American al-Qaeda fighter that we have captured.” [SAN FRANCISCO CHRONICLE, 12/22/2001] Entity Tags: Taliban, George W. Bush, John Walker Lindh, Al-Qaeda Timeline Tags: Torture of US Captives, War in Afghanistan

December 22, 2001: President Bush Says John Walker Lindh ‘Well Treated’ Aboard US Vessel After a week on the USS Peleliu (see December 14, 2001), President George Bush calls John Walker Lindh (see Late morning, November 25, 2001) an al-Qaeda fighter, who “is being well treated on a ship of ours.” [SAN FRANCISCO CHRONICLE, 12/22/2001] Around the same time, it is reported that at least four other detainees are being held aboard the Peleliu [SAN FRANCISCO CHRONICLE, 12/22/2001] and about 7,000 on the Afghan mainland. [GUARDIAN, 12/21/2001] Entity Tags: John Walker Lindh, George W. Bush Timeline Tags: Torture of US Captives

December 28, 2001: Gen. Franks Briefs Bush on Iraq War Plans General Tommy Franks, the head of US Central Command, visits Bush at his ranch in Crawford, Texas and briefs him on the progress of his Iraq war plan. Bush requested an updated plan from the Defense Department on November 21 (see November 21, 2001). [WASHINGTON POST, 4/17/2004 SOURCES: TOP OFFICIALS INTERVIEWED BY WASHINGTON POST EDITOR BOB WOODWARD] Entity Tags: Thomas Franks, George W. Bush Timeline Tags: Events Leading to Iraq Invasion

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