Senators Dianne Feinstein (D-CA) and Richard Shelby (R-AL), both future members of the 9/11 Congressional Inquiry, appear on CNN’s “Late Edition with Wolf Blitzer,” and warn of potential attacks by bin Laden. Feinstein says, “One of the things that has begun to concern me very much as to whether we really have our house in order, intelligence staff have told me that there is a major probability of a terrorist incident within the next three months.” [CNN, 3/2002]
Late August 2001: Bin Laden Boasts in Interview of ‘Very, Very Big Attacks’ Against US
In an interview with the London-based newspaper al-Quds al-Arabi, bin Laden boasts that he is planning an “unprecedented” strike against the US. Abdel-Bari Atwan, editor of the newspaper, will say, “Personally, we received information that he planned very, very big attacks against American interests. We received several warnings like this. We did not take it so seriously, preferring to see what would happen before reporting it.” [ABC News, 9/12/2001; Independent, 9/17/2001] The Washington Post will similarly report just after 9/11, “Interviewed last month in the mountains of southern Afghanistan by a London-based Arab journalist, he boasted—without going into detail—that he and his followers were planning ‘a very big one.’” [Washington Post, 9/13/2001] Atwan’s comment implies the warning is not published before 9/11. But Senator Dianne Feinstein (D-CA) will say shortly after 9/11, “Bin Laden’s people had made statements three weeks ago carried in the Arab press in [Britain] that they were preparing to carry out unprecedented attacks in the US.” [San Francisco Chronicle, 9/14/2001]
September 10, 2001: Review of Counterterrorism Legislation May Take Six Months, Says Cheney Aide
Senator Dianne Feinstein (D-CA), who, with Senator Jon Kyl (R-AZ), has sent a copy of draft legislation on counterterrorism and national defense to Vice President Cheney’s office on July 20, is told by Cheney’s top aide Lewis “Scooter” Libby on this day “that it might be another six months before he would be able to review the material.” [Dianne Feinstein, 5/17/2002; Newsweek, 5/27/2002]
February 6, 2003: US Politicians Question Why Bush Administration Highlights Training Camp as Justifying War Against Iraq without Actually Attacking the Camp
One day after Secretary of State Colin Powell’s presentation to the United Nations in which he detailed an alleged al-Qaeda-linked training camp in northern Iraq said to be producing chemical weapons (see February 5, 2003), a number of US politicians question why the US has not taken any action against the camp. The camp, located near the town of Khurmal in territory controlled by the Kurdish rebel group Ansar al-Islam, is said to be closely linked to Islamist militant Abu Musab al-Zarqawi. The Los Angeles Times reports that, “Lawmakers who have attended classified briefings on the camp say that they have been stymied for months in their efforts to get an explanation for why the United States has not launched a military strike on the compound…” Sen. Joseph Biden (D-DE) asks Colin Powell in a public hearing: “Why have we not taken it out? Why have we let it sit there if it’s such a dangerous plant producing these toxins?” Powell declines to answer, saying he cannot discuss the matter publicly. Sen. Dianne Feinstein (D-CA) complains that she has been asking about striking the camp well before Powell’s speech based on intelligence given in private briefings, but, “We’ve been asking this question and have not been given an answer.” Officials have replied that “they’ll have to get back to us.” Representative Jane Harman (D-CA) notes that Powell’s speech could have cost the US an opportunity to prevent the spread of chemical weapons produced at the camp, saying, “By revealing the existence of the camp, it’s predictable whatever activity is there will probably go underground.” One anonymous US intelligence official suggests, “This is it, this is their compelling evidence for use of force. If you take it out, you can’t use it as justification for war.” [Los Angeles Times, 2/7/2003]
January 23, 2005: Washington Post Exposes Pentagon Covert Operations Unit Kept Secret from Congressional Oversight
The Washington Post publishes a story revealing the existence of a previously unheard of covert operations unit called the Strategic Support Branch (SSB), or Project Icon. It conducts operations that had previously been done mainly by the CIA, and was set up in the weeks just after 9/11 (see October 2001-April 2002). [Washington Post, 1/23/2005] Members of the Senate Armed Services and Intelligence committees say they have never been aware of the unit’s existence until the Post expose. Sen. Dianne Feinstein calls for Senate Intelligence committee hearings into the matter, but no such hearings take place. The committees are only briefed by the military about the unit one day after the Post story. [CNN, 1/24/2005] One anonymous Republican member of Congress involved in national security oversight complains, “Operations the CIA runs have one set of restrictions and oversight, and the military has another. It sounds like there’s an angle here of, ‘Let’s get around having any oversight by having the military do something that normally the [CIA] does, and not tell anybody.’ That immediately raises all kinds of red flags for me. Why aren’t they telling us?” [Washington Post, 1/23/2005]
November 8, 2007: Michael Mukasey Becomes Attorney General after Close Senate Vote and Waterboarding Controversy
After two months of controversy, and a round of sporadically contentious Senate confirmation hearings, former judge Michael Mukasey narrowly wins the Senate’s approval to become the next attorney general, by an almost-party line 53-40 vote. Musakey replaces Alberto Gonzales, who resigned under fire in September 2007. Many Democrats vote against Mukasey because of his refusal to categorize the interrogation technique of waterboarding as torture, and his refusal to say that he would oppose President Bush’s insistence on eavesdropping on US citizens. Some Democrats took comfort in Mukasey’s characterization of waterboarding as “repugnant,” but others were not pleased by his refusal to say that the practice constitutes torture. Two key Democrats on the Senate Judiciary Committee, Charles Schumer (D-NY) and Dianne Feinstein (D-CA) refused to block Mukasey from going to the Senate for a confirmation vote. Both indicated that they reluctantly supported Mukasey’s nomination because the Justice Department needs an immediate infusion of leadership—Schumer called the department “adrift and rudderless” and in need of “a strong and independent leader”—and they feared if Mukasey was not confirmed, President Bush would put someone worse in the position as an interim appointment. [CNN, 11/8/2007] Schumer says he eventually decided to vote for Mukasey after the judge said “if Congress passed further legislation in this area, the president would have no legal authority to ignore it and Judge Mukasey would enforce it.” But Schumer’s colleague, Ted Kennedy (D-MA), is unimpressed. “Enforcing the law is the job of the attorney general,” Kennedy says. “It’s a prerequisite—not a virtue that enhances a nominee’s qualifications.” Ben Cardin (D-MD) wonders just how far, and how specifically, Congress will have to go to outlaw torture. He asks, “Are we going to have to outlaw the rack because there’s a question whether the rack is torture in this country?” [National Public Radio, 11/7/2007] Arlen Specter (R-PA), the committee’s ranking Republican, calls Mukasey “ethical, honest [and] not an intimate of the president.” [CNN, 11/8/2007] Mukasey is quietly sworn in only hours after winning the Senate vote. [National Public Radio, 11/9/2007] All four Democratic senators running for president—Hillary Clinton (D-NY), Barack Obama (D-IL), Joseph Biden (D-DE), and Christopher Dodd (D-CT)—have said they oppose Mukasey’s nomination. Obama calls Mukasey’s refusal to label waterboarding as torture “appalling,” and notes that Mukasey’s belief that the president “enjoys an unwritten right to secretly ignore any law or abridge our constitutional freedoms simply by invoking national security” disqualify him for the position. The other candidates make similar statements. [Fox News, 10/30/2007] However, none of them actually show up to cast their vote for or against Mukasey. John McCain (R-AZ), another senator running for president, also does not vote. [Associated Press, 11/8/2007] Three days after Mukasey’s confirmation, the New York Times writes a blistering editorial excoriating both the Bush administration and the compliant Senate Democrats for allowing Mukasey to become attorney general (see November 11, 2007).
August 19-20, 2009: Media Learns of CIA Assassination Contract with Blackwater
Both the New York Times and Washington Post report that in 2004, the CIA hired outside contractors from Blackwater USA, a private security firm, to take part in a secret program to find and kill top al-Qaeda operatives in Afghanistan, Pakistan, and elsewhere (see 2004). Both stories highlight the fact that a program to assassinate or capture al-Qaeda leaders that began around September 2001 (see Shortly After September 17, 2001) was terminated and then revived and outsourced to Blackwater in 2004 (see 2004 and (2005-2006)). CIA Director Leon Panetta alerted Congress to the secret program in June 2009 (see June 24, 2009), but the public is just now learning of its existence. Government officials say that bringing contractors into a program that has the authority to kill raises serious concerns about accountability in covert operations. Blackwater’s role in the program ended years before Panetta took over the agency, but senior CIA officials have long questioned the propriety and the wisdom of using outside contractors—in essence, mercenaries—in a targeted killing program. [New York Times, 8/20/2009; New York Times, 8/20/2009; Washington Post, 8/20/2009] A retired intelligence officer described as “intimately familiar with the assassination program” says, “Outsourcing gave the agency more protection in case something went wrong.” [Nation, 8/20/2009] The assassination program is just one of a number of contracted services Blackwater provided for the CIA, and may still provide, including guarding CIA prisons and loading missiles on Predator drones. The agency “has always used contractors,” says a former CIA official familiar with the Predator operations. “You have to be an explosives expert,” and the CIA has never sought to use its own personnel for the highly specialized task. “We didn’t care who put on the munitions as long as it wasn’t CIA case officers.” [Los Angeles Times, 8/21/2009]
No Laws Broken? – Former CIA general counsel Jeffrey Smith says that Blackwater may not have broken any laws even by attempting to assassinate foreign nationals on the CIA’s orders. “The use of force has been traditionally thought of as inherently governmental,” he says. “The use of a contractor actually employing lethal force is clearly troublesome, but I’m not sure it’s necessarily illegal.” [Los Angeles Times, 8/21/2009]
Mixed Reactions from Congress – Some Congressional Democrats say that the secret assassination program is just one of many secret programs conducted by the Bush administration, and have called for more intensive investigations into Bush-era counterterrorism activities. Dianne Feinstein (D-CA) says: “I have believed for a long time that the intelligence community is over-reliant on contractors to carry out its work. This is especially a problem when contractors are used to carry out activities that are inherently governmental.” Conversely, some Congressional Republicans are critical of Panetta’s decision to terminate the program, with Representative Peter Hoekstra (R-MI), the top Republican on the House Intelligence Committee, accusing Panetta of indulging in too much “drama and intrigue than was warranted.” Officials say that the program was conceived as an alternative to the CIA’s primary assassination method of missile strikes using drone aircraft, which have killed many innocent civilians and cannot be used in heavily populated urban areas. [New York Times, 8/20/2009; Los Angeles Times, 8/21/2009] Jan Schakowsky (D-IL), a member of the House Intelligence Committee, says that she cannot confirm or deny that Congress was informed of Blackwater’s involvement in the program before the New York Times broke the story. However, she notes: “What we know now, if this is true, is that Blackwater was part of the highest level, the innermost circle strategizing and exercising strategy within the Bush administration. [Blackwater CEO] Erik Prince operated at the highest and most secret level of the government. Clearly Prince was more trusted than the US Congress because Vice President Cheney made the decision not to brief Congress. This shows that there was absolutely no space whatsoever between the Bush administration and Blackwater.” Schakowsky says the House Intelligence Committee is investigating the CIA assassination program and will probe alleged links to Blackwater. Former CIA analyst Ray McGovern says: “The presidential memos (often referred to as ‘findings’) authorizing covert action like the lethal activities of the CIA and Blackwater have not yet surfaced. They will, in due course, if knowledgeable sources continue to put the Constitution and courage above secrecy oaths.” [Nation, 8/20/2009]
Blackwater Employs Many Former CIA Officials – Author and reporter Jeremy Scahill notes that many former Bush-era CIA officials now work at Blackwater, including former CIA executive director Alvin “Buzzy” Krongard; former CIA counterterrorism chief J. Cofer Black, who now operates Prince’s private intelligence company, Total Intelligence Solutions (TIS); the CEO of TIS, Robert Richer, the former associate deputy director of the CIA’s Directorate of Operations and second-ranking official in charge of clandestine operations; and Enrique “Ric” Prado, a former senior executive officer in the Directorate of Operations. [Nation, 8/20/2009]
Loss of Control, Deniability – Former CIA field agent Jack Rice, who worked on covert paramilitary operations for the agency, says, “What the agency was doing with Blackwater scares the hell out of me.” He explains: “When the agency actually cedes all oversight and power to a private organization, an organization like Blackwater, most importantly they lose control and don’t understand what’s going on. That makes it even worse is that you then can turn around and have deniability. They can say, ‘It wasn’t us, we weren’t the ones making the decisions.’ That’s the best of both worlds. It’s analogous to what we hear about torture that was being done in the name of Americans, when we simply handed somebody over to the Syrians or the Egyptians or others and then we turn around and say, ‘We’re not torturing people.’” [Nation, 8/20/2009]
Negative Publicity Led to Name Change, Prohibition from Operating in Iraq – Blackwater has since changed its name to Xe Services, in part because of a raft of negative publicity it has garnered surrounding allegations of its employees murdering Iraqi civilians; Iraq has denied the firm a license to operate within its borders. [New York Times, 8/20/2009] However, Blackwater continues to operate in both Iraq and Afghanistan, where it has contracts with the State Department and Defense Department. The CIA refuses to acknowledge whether it still contracts with Blackwater. [Nation, 8/20/2009]
May 13, 2010: US Still Will Not Blacklist Pakistani Militant Groups Fighting US Forces in Afghanistan
Senator Dianne Feinstein (D-CA) urges the US State Department to blacklist the Tehrik-i-Taliban (also known as the Pakistani Taliban) and the Haqqani network, but this does not happen. Both the Tehrik-i-Taliban and the Haqqani network are militant groups closely linked with the Taliban, but are mainly based in Pakistan. Feinstein, the chairperson of the Senate Intelligence Committee, claims that the US blacklists foreign groups that engage in terrorism and threaten US citizens and US national security, and both groups “clearly meet” the criteria to be blacklisted. Agence France-Presse reports that the US “has hesitated” to blacklist these groups “in part out of consideration for relations with Pakistan, where anti-Americanism runs rife and whose government is keen to be seen as fighting the Taliban on its own terms.” The Haqqani network is believed to have taken part in a number of terrorist attacks (see January 14, 2008, April 27, 2008, July 7, 2008, December 30, 2009), and in 2009, the US put a $5 million bounty on leader Sirajuddin Haqqani (see March 25, 2009). The Haqqani network is also believed to be a strategic asset of the Pakistani government (see May 2008). Tehrik-i-Taliban was recently implicated in a failed bombing in Times Square in New York City. [Agence France-Presse, 5/13/2010]
Early December 2010: Some Congressional Leaders Briefed about Bin Laden Hideout Intel
Some leaders of US Congress are briefed about intelligence on Osama bin Laden’s secret compound in Abbottabad, Pakistan. Senator Dianne Feinstein (D-CA), chairperson of the Senate Intelligence Committee, will later say: “We were briefed about suspicions about the size, about the structure of the compound, about the absence of people going in or out. We were actually shown overhead long distance photos from the air and we were essentially told that there were suspicions, serious suspicions, that this may be the place where Osama bin Laden was and that there was a 24/7 oversight of this compound.” [Time, 5/3/2011] It is likely that all of the “Big 8”—the leaders of each party in the House and Senate and the top lawmakers from each party on the House and Senate intelligence committees—are informed about the intelligence. They will continue to receive periodic updates up until the raid that kills bin Laden on May 2, 2011 (see May 2, 2011). They will get calls from CIA Director Leon Panetta two days before the raid saying that the action against bin Laden is likely to take place soon. [Time, 5/3/2011; Politico, 5/3/2011]
May 2, 2011 and After: Some US Officials Question Pakistani Government’s Knowledge of Bin Laden’s Abbottabad Hideout
In the days and hours after the US Special Forces raid that kills Osama bin Laden in his Abbottabad, Pakistan, hideout (see May 2, 2011), some US officials question whether anyone within the Pakistani government knew that bin Laden was hiding there. 
John Brennan, the White House’s top counterterrorism adviser, says that bin Laden’s presence in the Abbottabad compound “raises questions” about what some Pakistani officials might have known. He adds that while Pakistani officials “seem surprised” to hear that bin Laden was hiding there, he wonders how “a compound of that size in that area” could exist without arousing suspicions. Ali Soufan, a former FBI agent who was investigating al-Qaeda well before 9/11, notes that Abbottabad is heavily populated by current and former Pakistani military officers. He says, “There’s no way he could have been sitting there without the knowledge of some people in the ISI and the Pakistani military.” Senator Frank Lautenberg (D-NJ) similarly comments, “The ability of Osama bin Laden to live in a compound so close to Pakistan’s capital is astounding—and we need to understand who knew his location, when they knew it, and whether Pakistani officials were helping to protect him.” [MSNBC, 5/2/2011] Senator Dianne Feinstein (D-CA) says that she is troubled by the possibility that the Pakistani government may be engaging in “duplicitous behavior” with the US. “It would be very difficult [for bin Laden] to live there for up to five or six years and no one know [he’s] there. I would have a hard time believing that they did not know,” she says. As chairperson of the Senate Intelligence Committee, she is one of only a small number of people in Congress given top secret security briefings. [Time, 5/3/2011] An anonymous senior Obama administration official says, “It’s hard to believe that [General Ashfaq Parvez] Kayani and [Lieutenant General Ahmad Shuja] Pasha actually knew that bin Laden was there.” Kayani is the head of the Pakistani army and Pasha is the head of the ISI. “[But] there are degrees of knowing, and it wouldn’t surprise me if we find out that someone close to Pasha knew.” [New York Times, 5/6/2011] Richard Clarke, the US counterterrorism “tsar” on 9/11, says, “I think there’s a real possibility that we’ll find that there were former members of the Pakistani military and military intelligence who were sympathizers with al-Qaeda and with various other terrorist groups, and that they were running their own sort of renegade support system for al-Qaeda.” [ABC News, 5/7/2011] About one month after bin Laden’s death, Representative Mike Rogers (R-MI) says he believes elements of the ISI and Pakistan’s military protected bin Laden. He says this is based on “information I’ve seen.” As chairperson of the House Intelligence Committee, he is one of only a small number of people in Congress given top secret security briefings. He adds that he has not seen any evidence that top Pakistani civilian or military leaders were involved in hiding bin Laden. [New York Times, 6/14/2011] Representative C.A. “Dutch” Ruppersberger (D-MD) says that some members of the ISI or Pakistan’s military were involved in hiding bin Laden. As the ranking Democrat on the House Intelligence Committee, he also is one of only a small number of people in Congress given top secret security briefings. [New York Times, 6/23/2011]
However, most US officials are hesitant to openly accuse Pakistan, for political reasons. The New York Times reports, “One [unnamed] senior administration official privately acknowledged that the administration sees its relationship with Pakistan as too crucial to risk a wholesale break, even if it turned out that past or present Pakistani intelligence officials did know about bin Laden’s whereabouts.” [New York Times, 5/6/2011] Pakistani officials deny that the Pakistani government had any knowledge that bin Laden was living at the compound. [MSNBC, 5/2/2011]
