In the 2004 presidential campaign, Democratic challenger Sen. John Kerry accuses the Bush administration of allowing bin Laden to escape Afghanistan in late 2001 by not sending enough US troops to contain him when he was trapped in the Tora Bora region. The New York Times publishes an op-ed by Gen. Tommy Franks, the former head of US Central Command. Franks writes, “On more than one occasion, Senator Kerry has referred to the fight at Tora Bora in Afghanistan during late 2001 as a missed opportunity for America. He claims that our forces had Osama bin Laden cornered and allowed him to escape. How did it happen? According to Mr. Kerry, we ‘outsourced’ the job to Afghan warlords. As commander of the allied forces in the Middle East, I was responsible for the operation at Tora Bora, and I can tell you that the senator’s understanding of events doesn’t square with reality.… We don’t know to this day whether Mr. bin Laden was at Tora Bora in December 2001. Some intelligence sources said he was; others indicated he was in Pakistan at the time; still others suggested he was in Kashmir. Tora Bora was teeming with Taliban and al-Qaeda operatives, many of whom were killed or captured, but Mr. bin Laden was never within our grasp.” Franks is a vocal supporter of Bush’s reelection. [New York Times, 10/19/2004] Shortly after Franks’ comments, four Knight Ridder reporters who had been at Tora Bora during the battle revisit the issue. They discover that “Franks and other top officials ignored warnings from their own and allied military and intelligence officers that the combination of precision bombing, special operations forces, and Afghan forces that had driven the Taliban from northern Afghanistan might not work in the heartland of the country’s dominant Pashtun tribe.” [Knight Ridder, 10/30/2004] Author Peter Bergen asserts, “There is plenty of evidence that bin Laden was at Tora Bora, and no evidence indicating that he was anywhere else at the time.” Bergen cites after-action US intelligence reports and interviews with US counterterrorism officials that express confidence bin Laden was at Tora Bora. He notes that bin Laden discussed his presence at the Tora Bora battle in a audio message released in 2003. [PeterBergen (.com), 10/28/2004] In 2005, Gary Berntsen, who was in charge of an on-the-ground CIA team trying to find bin Laden (see September 26, 2001), will claim that he gave Franks definitive evidence that bin Laden was trapped in Tora Bora (see Late October-Early December 2001). [Financial Times, 1/3/2006] In 2006, former counterterrorism “tsar” Richard Clarke will comment, “Yes, we know [bin Laden] absolutely was there.… And yes, he did escape. And Gen. Franks and the president can deny it until the cows come home, but they made a mistake. They did let him go away.” [PBS Frontline, 6/20/2006] In late 2006, it will be reported that the CIA possesses a video showing bin Laden walking out of Afghanistan at the end of the Tora Bora battle. It has not been reported if the CIA was aware of this video in 2004 or not (see Mid-December 2001).
October 4, 2004: Report: US Exaggerating Role of Al-Zarqawi to Create Al-Qaeda Connected Villain for Iraq War
The Telegraph reports that US military intelligence agents in Iraq believe that the role of Abu Musab al-Zarqawi, the supposed leader of al-Qaeda in Iraq, has been greatly exaggerated. The Bush administration has used al-Zarqawi as a villain to blame post-invasion troubles in the Iraq war and to connect the Iraqi insurgency to al-Qaeda (see February 9, 2004). [Daily Telegraph, 10/4/2004] For instance, in April 2004, US military spokesman Maj. Gen. Rick Lynch said that more than 90 percent of the suicide attacks in Iraq were carried out by terrorists recruited and trained by al-Zarqawi. [Washington Post, 6/10/2006] The Telegraph reports: “US military intelligence agents in Iraq have revealed a series of botched and often tawdry dealings with unreliable sources who, in the words of one source, ‘told us what we wanted to hear… We were basically paying up to $10,000 a time to opportunists, criminals, and chancers who passed off fiction and supposition about al-Zarqawi as cast-iron fact, making him out as the linchpin of just about every attack in Iraq… Back home this stuff was gratefully received and formed the basis of policy decisions. We needed a villain, someone identifiable for the public to latch on to, and we got one.’” Millitary intelligence officials believe that the insurgency is dominated by Iraqis and that the number of foreign fighters such as al-Zarqawi could be as low as 200. However, some of these officials complain that their reports to US leaders about this are largely being ignored. [Daily Telegraph, 10/4/2004] In 2006, leaked classified US military documents will show that the US military ran a propaganda campaign from at least early 2004 to exaggerate al-Zarqawi’s importance in the US and Iraqi media (see April 10, 2006).
November-December 2004: Political Purge of CIA Follows Presidential Election
A former CIA officer will tell New Yorker reporter Seymour Hersh that, in mid-2004, the White House began putting pressure on CIA analysts “to see more support for the administration’s political position.” But after Porter Goss becomes the new CIA director (see September 24, 2004) and the November 2004 election passes, a “political purge” of employees who have written papers that dissent with Bush policies begins. One former official notes that only “true believers” remain. [New Yorker, 1/24/2005]
‘Creeping Politicization’ – An anonymous former CIA official tells Newsday: “The agency is being purged on instructions from the White House. Goss was given instructions… to get rid of those soft leakers and liberal Democrats.” [Newsday, 11/14/2004] In 2007, CIA analyst Valerie Plame Wilson will write, “Employees’ worst fears about the creeping politicization of the CIA” are confirmed when Goss issues the memo about the agency supporting the administration. She will observe: “Although a CIA spokesman explained the memo as a statement of the agency’s nonpartisan nature, it appeared to be just the opposite. It had a kind of creepy Orwellian Ministry of Truth ring to it—further dismaying CIA staffers who believed the agency was rapidly losing credibility and power as partisan politics began to degrade its work product.” [Wilson, 2007, pp. 212] Days after the November 2004 presidential election, Goss circulates an internal memorandum to all CIA employees, telling them their job is to “support the administration and its policies in our work.” [New York Times, 11/17/2004] The memo also contains a caveat that they should “let the facts alone speak to the policymaker.” However, an op-ed in the Los Angeles Times calls this mere “lip service,” and says the memo leaves “the impression that in the second Bush administration, the White House will run the CIA.… Goss has confirmed the worst fears of critics who warned he was too partisan when Bush appointed him.” [Los Angeles Times, 11/21/2004]
Morale ‘Dangerously Low,’ Many Senior Officials Leave – Plame Wilson will recall hearing from her colleagues throughout August, while she was on leave, “that morale was dangerously low, and there was a spirit of outright revolt towards Porter Goss and his ‘Gosslings.’ Everyone was calculating the benefits of staying or jumping from the fast-sinking ship.” [Wilson, 2007, pp. 213] Such new policies inspire more employees to leave. By the time the purge is completed in early 2005, about 20 senior CIA officials will have resigned or retired. Only one member of the leadership team from George Tenet’s tenure will remain. [Washington Post, 1/6/2005] Newsweek says the “efforts at cleaning house may have only thrown the spy agency into deeper turmoil.” [Newsweek, 2/21/2005] Plame Wilson will write: “At least one thousand years of hard-earned operational experience walked out when our country’s national security needs were greatest. It was devastating.” [Wilson, 2007, pp. 213]
December 30, 2004: Justice Department Issues New Memo Meant to Deflect Criticism that US Tortures Detainees
The Justice Department issues a 17-page memo which officially replaces the August 2002 memo (see August 1, 2002), which asserted that the president’s wartime powers supersede international anti-torture treaties and defined torture very narrowly, describing it as a tactic that produces pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” The new memo, authored by acting chief of the Office of Legal Counsel (OLC) and Acting Assistant Attorney General Daniel Levin, is ostensibly meant to deflect criticisms that the Bush administration condones torture. In fact, the very first sentence reads, “Torture is abhorrent both to American law and values and to international norms.” But the White House insists that the new memo does not represent a change in policy because the administration has always respected international laws prohibiting the mistreatment of prisoners. The primary concern of the new memo is to broaden the narrow definition of torture that had been used in the August memo. Levin adopts the definition of torture used in Congressional anti-torture laws, which says that torture is the infliction of physical suffering, “even if it does not involve severe physical pain.” But the pain must still be more than “mild and transitory,” the memo says. Like the original memo, Levin says that torture may include mental suffering. But to be considered so it would not have to last for months or years, as OLC lawyers Jay Bybee and John Yoo had asserted two years earlier. The most contested conclusions of the August 2002 memo—concerning the president’s wartime powers and potential legal defense for US personnel charged with war crimes—are not addressed in the Levin memo. “Consideration of the bounds of any such authority would be inconsistent with the president’s unequivocal directive that United States personnel not engage in torture,” the memo says. [US Department of Justice, 12/30/2004 
; Associated Press, 12/31/2004]
National Security Not a Justification for Torture – The memo also attempts to quell concerns that the administration believes national security may be used as justification for tactics that could be considered as torture. It states, “[A] defendant’s motive (to protect national security, for example) is not relevant to the question whether he has acted with the requisite specific intent under the statute.” [US Department of Justice, 12/30/2004 ]
Memo Divided White House Officials – Many in the White House opposed the issuance of the memo, but were rebuffed when other administration officials said the memo was necessary to ease the confirmation of Alberto Gonzales as Attorney General. [New York Times, 10/4/2007]
Torture Opponents Disappointed – Civil libertarians and opponents of torture within the Justice Department are sharply disappointed in the memo. While it gives a marginally less restrictive definition of the pain required to qualify as torture, and gives no legal defenses to anyone who might be charged with war crimes, it takes no position on the president’s authority to override interrogation laws and treaties, and finds that all the practices previously employed by the CIA and military interrogators were and are legal. Yoo will later write that “the differences in the opinions were for appearances’ sake. In the real world of interrogation policy, nothing had changed. The new opinion just reread the statute to deliberately blur the interpretation of torture as a short-term political maneuver in response to public criticism.” [Savage, 2007, pp. 196-197]
Secret Memo Will Allow Waterboarding; Dissidents Purged – A secret memo is completed a short time later that allows such torture techniques as waterboarding to be used again (see February 2005). The Levin memo triggers a department-wide “purge” of dissidents and torture opponents; some will resign voluntarily, while others will resign after being denied expected promotions. [Savage, 2007, pp. 197]
2005-2008: US Search for Bin Laden Slows Down; Other Issues Take Priority
The US search for Osama bin Laden slows down for several years. According to an unnamed former Bush White House official speaking in 2011, “a little fatigue had set in” after a few years of mostly false leads. “We weren’t about to find him anytime soon. Publicly, we maintained a sense of urgency: ‘We’re looking as hard as we can.’ But the energy had gone out of the hunt. It had settled to no more than a second-tier issue. After all, those were the worst days of Iraq.” White House and CIA officials will later say that the war in Iraq and problems with Iran and North Korea took much attention from the search for bin Laden. Juan Zarate, President Bush’s deputy national security adviser for counterterrorism at this time, later says that few new leads emerge. “It was a very dark period.” [Washington Post, 5/6/2011] In December 2004, the Telegraph reported that the US search for bin Laden had essentially been abandoned (see December 14, 2004), and in late 2005, the CIA’s bin Laden unit is shut down (see Late 2005). There is a new push to get bin Laden, also in late 2005, but it has little effect (see Late 2005).
February 10, 2005: Censored Version of Critical 9/11 Report Completed Before Presidential Elections Is Finally Released
A report by the 9/11 Commission on the FAA and 9/11 is publicly released. The fact that the report reveals nearly half of all FAA daily briefings between April and early September 2001 mentioned al-Qaeda, bin Laden, or both causes headlines (see April 1, 2001-September 10, 2001). However, the report was actually completed in August 2004 but was held up by the Bush administration. Some speculate that the publication of the report was delayed until after the November 2004 presidential election to help Bush get reelected. For instance, 9/11 victim’s relative Carol Ashley states, “I’m just appalled that this was withheld for five months. That contributes to the idea that the government knew something and didn’t act, it contributes to the conspiracy theories out there.” Representative Henry Waxman (D-CA) asks for a hearing on whether the Bush administration played politics with the report’s release, but the Republican-controlled House of Representatives does not allow such a hearing. [Associated Press, 2/11/2005] Additionally, the released version of this report is heavily censored in some areas. The 9/11 Commission asserts that the whole report should be released, but the Bush administration is blocking their efforts to release the censored portions. Politicians, 9/11 victims’ relatives, open-government advocates, and others call for the release of the entire report, but to no avail. [New York Times, 2/11/2005]
February 17, 2005: Bush Picks John Negroponte to Oversee US Intelligence Agencies
President Bush nominates John Negroponte to be the first director of national intelligence, a new position created to oversee all the various US intelligence agencies. Negroponte has been serving as the US ambassador to Iraq for the previous year. Prior to that he had been the US ambassador to the United Nations and held a variety of other government positions. [New York Times, 2/17/2005] The nomination is controversial because, as the Los Angeles Times reports, “While ambassador to Honduras from 1981-85, Negroponte directed the secret arming of Nicaragua’s Contra rebels and is accused by human rights groups of overlooking—if not overseeing—a CIA-backed Honduran death squad during his tenure.” Additionally, “He also helped orchestrate a secret deal later known as Iran-Contra to send arms through Honduras to help the Contras overthrow the Sandinista government.” [Los Angeles Times, 3/26/2001] On April 21, 2005, the Senate will confirm Negroponte by a vote of 98 to two. In 2007, then-CIA analyst Valerie Plame Wilson will describe the establishment of a new position as a shocking blow to morale in the agency. Once Negroponte assumes the position, she will write, “the name ‘Central Intelligence Agency’ [becomes] a misnomer.” CIA employees were promised that the “new DNI structure would not be just an ‘extra bureaucratic layer’ over the CIA, but that’s exactly what it would become. It seemed to me that the White House was bent on emasculating the CIA by blaming it for the failures in Iraq and anything else they thought they could throw at the agency and have stick.” [Wilson, 2007, pp. 219] She will write of the announcement: “I remember standing in counterproliferation division’s large conference room in early 2005 when the creation of the DNI was announced to the division workforce. Our chief swore that the DNI would not be just another layer of useless bureaucracy—everyone acknowledged that we already had plenty of that. The veterans of intelligence reorganizations past made cynical comments under their breath.” Plame Wilson will observe that the reorganization of the US intelligence community under the DNI will be “an abysmal failure.” [Wilson, 2007, pp. 248]
March 3, 2005: Important Alleged Al-Qaeda-Linked Imam Acquitted in Indonesia after US Fails to Provide Access to Prisoners
Abu Bakar Bashir, allegedly the spiritual leader of Jemaah Islamiyah, al-Qaeda’s main affiliate in Southeast Asia, is acquitted of most charges in a trial in Indonesia. Bashir, a well-known radical imam, had been accused of involvement in the 2002 Bali bombings (see October 12, 2002) and 2003 Marriott Hotel bombing (see August 5, 2003). However, he is only convicted of one charge of criminal conspiracy, because the judges say he knew the bombers and his words may have encouraged them. Bashir is sentenced to 30 months in prison, but is released after serving only one year due to good behavior. In late 2006, the Indonesian supreme court will void his one conviction altogther. [New York Times, 3/4/2005; Associated Press, 12/26/2006] The New York Times will later report: “Legal observers here said the case against Mr. Bashir was weak. The strongest evidence linking him to the Bali terrorist attacks was never heard by the five-judge panel because of a decision by the Bush administration that the Indonesian government would not be allowed to interview two senior al-Qaeda operatives, Riudan Isamuddin, better known as Hambali, and Omar al-Faruq.” The CIA has been holding Hambali and al-Faruq in secret prisons since 2003 and 2002 respectively (see August 12, 2003 and June 5, 2002). [New York Times, 6/14/2006] One Indonesian counterterrorism official says: “We need[ed] Hambali very much. We [fought] to get access to him, but we have failed.” An unnamed Australian official complains that the US was hypocritical in pressing Indonesia to prosecute Bashir and then doing nothing to help convict him. [New York Times, 3/4/2005] Al-Faruq allegedly told the CIA that Bashir had provided logistical and financial support for several terrorist attacks, but he was also interrogated by techniques considered close to torture. The US allowed Indonesian officials to directly interrogate al-Faruq in 2002, but then prohibited any later access to him (see June 5, 2002). And shortly after Hambali’s arrest in 2003, President Bush promised to allow Hambali to be tried in Indonesia, but then failed to even give Indonesians any access to him (see October 23, 2003).
April 2, 2005: US Reconsidering Opposition to Gas Pipeline?
Asian News International reports that according to official Pakistani sources the US government is reconsidering its opposition to the $4.2 billion dollar Iran-Pakistan-India gas pipeline (see 1993). The Bush administration has been opposed to the proposed pipeline on grounds that it would help Iran, a potential target of future US military strikes. But since the consortium is hoping to involve US corporations, these companies are apparently putting pressure on the White House to back the pipeline. Without the approval of the US government, the companies would be barred from participating in the pipeline’s construction. According to sources, the US is considering pursuing a strategy that would leverage its possible support for the pipeline against Iran in its disagreement over the country’s nuclear program. [News (Islamabad), 4/2/2005]
October 6, 2005: President Bush Presents List of 10 Foiled Terrorist Plots, but Counterterrorism Officials Consider List Greatly Exaggerated
In a speech, President Bush lists ten terrorist plots the US has supposedly foiled since 9/11, as well as five “casings and infiltrations.” Here are the plots, exactly as they are described in a White House press release, rearranged into a rough chronological order:
West Coast Airliner Plot – In mid-2002 the US disrupted a plot to attack targets on the West Coast of the United States using hijacked airplanes. The plotters included at least one major operational planner involved in planning the events of 9/11.
Jose Padilla Plot – In May 2002 the US disrupted a plot that involved blowing up apartment buildings in the United States. One of the plotters, Jose Padilla, also discussed the possibility of using a “dirty bomb” in the US.
2002 Straits of Hormuz Plot – In 2002 the US and partners disrupted a plot to attack ships transiting the Straits of Hormuz.
2002 Arabian Gulf Shipping Plot – In late 2002 and 2003 the US and a partner nation disrupted a plot by al-Qaeda operatives to attack ships in the Arabian Gulf.
2003 Karachi Plot – In the spring of 2003 the US and a partner disrupted a plot to attack Westerners at several targets in Karachi, Pakistan.
East Coast Airliner Plot – In mid-2003 the US and a partner disrupted a plot to attack targets on the East Coast of the United States using hijacked commercial airplanes.
2003 Tourist Site Plot – In 2003 the US and a partner nation disrupted a plot to attack a tourist site outside the United States.
Heathrow Airport Plot – In 2003 the US and several partners disrupted a plot to attack Heathrow Airport using hijacked commercial airliners. The planning for this attack was undertaken by a major 9/11 operational figure.
2004 UK Plot – In the spring of 2004 the US and partners, using a combination of law enforcement and intelligence resources, disrupted a plot to conduct large-scale bombings in [Britain].
2004 [British] Urban Targets Plot – In mid-2004 the US and partners disrupted a plot that involved urban targets in [Britain]. These plots involved using explosives against a variety of sites.
Here are the five additional “casings and infiltrations”:
2001 Tasking – In 2001, al-Qaeda sent an individual to facilitate post-September 11 attacks in the US. US law enforcement authorities arrested the individual.
2003 Tasking – In 2003, an individual was tasked by an al-Qaeda leader to conduct reconnaissance on populated areas in the US.
Gas Station Tasking – In approximately 2003, an individual was tasked to collect targeting information on US gas stations and their support mechanisms on behalf of a senior al-Qaeda planner.
Iyman Faris and the Brooklyn Bridge – In 2003, and in conjunction with a partner nation, the US government arrested and prosecuted Iyman Faris, who was exploring the destruction of the Brooklyn Bridge in New York. Faris ultimately pleaded guilty to providing material support to al-Qaeda and is now in a federal correctional institution.
US Government & Tourist Sites Tasking – In 2003 and 2004, an individual was tasked by al-Qaeda to case important US Government and tourist targets within the United States. [White House, 10/6/2005]
However, later in the month the Washington Post publishes a story questioning the importance of most of these plots. The article states that the plot list “has confused counterterrorism experts and officials, who say they cannot distinguish between the importance of some incidents on the list and others that were left off. Intelligence officials who spoke on the condition of anonymity said the White House overstated the gravity of the plots by saying that they had been foiled, when most were far from ready to be executed. Others noted that the nation’s color-coded threat index was not raised from yellow, or ‘elevated’ risk of attack, to orange, or ‘high’ risk, for most of the time covered by the incidents on the list.” An anonymous former CIA counterterrorism official tells the Post that Bush made it “sound like well-hatched plans… I don’t think they fall into that category.” Another anonymous counterterrorism official says, “We don’t know how they came to the conclusions they came to… It’s safe to say that most of the [intelligence] community doesn’t think [the list is] worth very much.” [Washington Post, 10/23/2005]
