In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).
September 16, 2002: Defense Department Briefing to White House Officials Incorrectly Alleges Deep Ties between Iraq and Al-Qaeda
Two days before the CIA is to issue an assessment (see August 2002) on Iraq’s supposed links to militant Islamic groups, Defense Department officials working in the Office of Special Plans (OSP) deliver a briefing in the White House to several top officials, including I. Lewis Libby, Vice President Dick Cheney’s chief of staff, and Deputy National Security Adviser Stephen Hadley. The briefing is entitled “Assessing the Relationship between Iraq and al-Qaeda,” and is an updated version of a briefing presented in July 2002 (see July 25, 2002). The OSP, working under Undersecretary of Defense for Policy Douglas J. Feith, is aggressively promoting any evidence it can find to support a decision to invade Iraq (see September 2002). The briefing claims that the relationship between Iraq and al-Qaeda is “mature” and “symbiotic,” and marked by shared interests.
It lists cooperation in 10 categories, or “multiple areas of cooperation,” including training, financing, and logistics. [Savage, 2007, pp. 292; New York Times, 4/6/2007; Washington Post, 4/6/2007]
An alleged 2001 meeting in Prague between an Iraqi spy and 9/11 hijacker Mohamed Atta is listed as one of eight “Known Iraq-Al-Qaeda Contacts.” It claims that there is a “known contact” between Atta and the Iraqi intelligence agency, a claim already rejected by the CIA. [Savage, 2007, pp. 293; Washington Post, 4/6/2007]
The briefing claims that “Fragmentary reporting points to possible Iraqi involvement not only in 9/11 but also in previous al-Qaeda attacks.” [Washington Post, 4/6/2007]
It includes a slide criticizing the rest of the US intelligence community, which says there are “fundamental problems” with CIA intelligence gathering methods. It claims other intelligence agencies assume “that secularists and Islamists will not cooperate, even when they have common interests,” and there is a “consistent underestimation of importance that would be attached by Iraq and al-Qaeda to hiding a relationship.” [Daily Telegraph, 7/11/2004; Newsweek, 7/19/2004; Savage, 2007, pp. 293; Washington Post, 4/6/2007]
Around the same time, the briefing is also presented with slight variations to Defense Secretary Donald Rumsfeld and CIA Director George Tenet. The slide criticizing other intelligence agencies is excluded when a version of the briefing is given to Tenet. A later report by the Defense Department’s Office of Inspector General will conclude the briefing was entirely incorrect and deliberately ignored intelligence by the CIA, DIA, and other intelligence agencies that contradicted its conclusions (see February 9, 2007). [Washington Post, 4/6/2007] The CIA has already found the majority of the information in the presentation either completely false or largely unsupported by reliable evidence. [Savage, 2007, pp. 293]
Unusual Briefing – This briefing, delivered at the same time the White House is pressing Congress to authorize the upcoming war with Iraq (see October 11, 2002), is, in the words of author and reporter Charlie Savage, “highly unusual.” Usually, high-level administration officials making national security decisions rely on information vetted by top-flight analysts at the CIA, in order to ensure the information is as accurate and politically neutral as possible. No CIA analyst has ever found a meaningful link between Hussein and al-Qaeda; the few reports of such claims were seen as highly dubious. But Cheney and his supporters consider the CIA slow, pedantic, and incompetent, and believe Feith’s OSP can provide better—or at least more amenable—intelligence. Savage will write: “In Feith’s shop and elsewhere in the executive branch, neoconservative political appointees stitched together raw intelligence reports, often of dubious credibility, without any vetting or analysis by professional intelligence specialists. The officials cherry-picked the files for reports that supported the notion that Iraq had an active [WMD] program and that it was working hand-in-hand with al-Qaeda, ‘stovepiping’ such reports to top decision makers (and leaking them to the press) while discounting any skepticism mounted by the professionals.” [Savage, 2007, pp. 292]
Dismantling Intelligence Filtering System in Favor of Politically Controlled Intelligence Provisions – What the presentation accomplishes, according to former CIA intelligence analyst Kenneth Pollock, is to support a conclusion already drawn—the need to get rid of Saddam Hussein—by using slanted, altered, and sometimes entirely fabricated “intelligence.” The White House proceeded to “dismantle the existing filtering process that for 50 years had been preventing the policymakers from getting bad information.” Savage goes one step farther. He will write that the presentation is part of a larger White House strategy to alter the balance of power between the presidency and a key element of the bureaucracy. By setting up a politically controlled alternative intelligence filtering system, he will write, “the administration succeeded in diminishing the power of the CIA’s information bureaucracy to check the White House’s desired course of action.” [Savage, 2007, pp. 294]
September 21, 2002: Feith Pushes Iraq-Al-Qaeda Collaboration Theory at White House Meeting
Deputy National Security Adviser Stephen J. Hadley convenes a meeting in the White House Situation Room to discuss Iraq with Colin Powell, George Tenet, and Donald Rumsfeld. The White House wants to be sure they are all on the same page when they testify before Congress next week. When a CIA officer notes that the alleged ties between Iraq and al-Qaeda are not supported by current intelligence, Douglas Feith cuts in insisting that Mohamed Atta had met an Iraqi agent in Prague, and that the director of Iraqi intelligence had met with Osama bin Laden in 1996. Both theories have been dismissed by the intelligence community. After a few minutes, Hadley cuts him off and tells him to sit down. [Isikoff and Corn, 2006, pp. 113-114]
September 26, 2002: Rumsfeld Incorrectly Connects Al-Zarqawi to Iraqi Government
Defense Secretary Donald Rumsfeld claims the US government has “bulletproof” confirmation of ties between the Iraqi government and al-Qaeda members, including “solid evidence” that al-Qaeda maintains a presence in Iraq. The allegation refers to Abu Musab al-Zarqawi, a Jordanian-born Palestinian who is the founder of al-Tawhid, an organization whose aim is to kill Jews and install an Islamic regime in Jordan (see December 2001-Mid-2002). Rumsfeld’s statement is based on intercepted telephone calls in which al-Zarqawi was overheard calling friends or relatives. But Knight Ridder Newspapers reports that, according to US intelligence officials, “The intercepts provide no evidence that the suspected terrorist was working with the Iraqi regime or that he was working on a terrorist operation while he was in Iraq.” [Knight Ridder, 10/7/2002] Two years later, Rumsfeld will back away from his allegation after it is disproven (see October 4, 2004).
September 27, 2002: Rumsfeld Claims Link between Al-Qaeda and Iraq Is ‘Accurate and Not Debatable’
Defense Secretary Donald Rumsfeld says the link between al-Qaeda and Iraq is “accurate and not debatable.” He also claims that President Bush has not yet made any decision on possible military action against Iraq. [American Forces Press Service, 9/27/2002]
November 5- December, 2002: Remote Strike in Yemen Raises Legal and Ethical Issues
The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]
Before November 27, 2002: Lee Hamilton Considered for Vice Chairmanship of 9/11 Commission, but Republican Ties Count against Him
Former Democratic congressman Lee Hamilton is considered by his party for the position of vice chairman of the 9/11 Commission, but does not get the appointment, which goes to former Senator George Mitchell (see November 27, 2002). Hamilton, who is nonetheless appointed to the Commission as an ordinary member, is rejected as vice chairman by Senate Minority Leader Tom Daschle and other leading Democrats because he is seen as too soft on Republicans—he lacks “a taste for partisan fights,” and seems “always to assume the best about people, Republicans included.” He is also friends with two of the investigation’s targets, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, who he calls “Dick” and “Don,” and Cheney’s White House counsel, David Addington. He got to know Cheney during the Iran-Contra investigation, when Cheney was the ranking Republican on the committee and Hamilton failed to distinguish himself (see Mid-1980s), as he did over the “October Surprise” affair (see 1992-January 1993). Author Philip Shenon will comment, “While [Hamilton] might disagree with Cheney and Rumsfeld on policy, Hamilton trusted both men always to tell the truth.” [Shenon, 2008, pp. 32-33] However, Mitchell will subsequently resign and Hamilton will replace him as vice chairman (see December 11, 2002). In this role Hamilton will have good relations with the Bush White House (see March 2003-July 2004 and Early July 2004).
December 18, 2002: Rumsfeld Declares Taliban, Al-Qaeda ‘Gone’ from Afghanistan
When asked to comment on the current situation in Afghanistan, Defense Secretary Rumsfeld replies, “It is encouraging. They have elected a government through the Loya Jirga process. The Taliban are gone. The al-Qaeda are gone.” [CNN, 12/18/2002] In May 2003, Rumsfeld will prematurely declare that the conflict in Afghanistan is over (see May 1, 2003).
2003-2004: Administration Tries to Convince 9/11 Commissioner of Iraqi Ties to Al-Qaeda, but Will not Show All Claimed Evidence
The Bush administration tries to convince 9/11 commissioner John Lehman that there are ties between Iraq and al-Qaeda. The attempts take place in a series of meetings at the White House and Pentagon, where Lehman meets with Vice President Dick Cheney, White House chief of staff Andy Card, Defense Secretary Donald Rumsfeld, and Deputy Defense Secretary Paul Wolfowitz. Lehman, a prominent Republican, was previously frozen out of politics by the administration due to his ties to John McCain, who ran for the Republican presidential nomination against George W. Bush in 2000. However, the administration officials encourage the meetings when they see Lehman is interested in the alleged connection between Iraq and Osama bin Laden, in the hopes that he will use his position on the 9/11 Commission to draw attention to the allegations. However, the White House says it cannot share all the intelligence it has about the ties, because it is too classified. Nevertheless, Lehman can take it on faith that the intelligence exists. Wolfowitz tells him, “Just wait until you see the evidence we’ve got.” Lehman will later say: “I got that from everybody I talked to: ‘Wait and see, just wait until you see the evidence.’” After it becomes clear to Lehman the alleged links are non-existent, he will comment, “I think they were all drinking their own bathwater.” [Shenon, 2008, pp. 178-180]
February 14, 2003-June 4, 2004: Defense Secretary Rumsfeld Frequently Recounts Sultan Calling 9/11 a ‘Blessing in Disguise’
In numerous public appearances, Defense Secretary Donald Rumsfeld recounts a conversation with the Sultan of Oman (Qaboos Bin Said) a month or two after 9/11. The sultan said to him words to the effect of that September 11 was a “blessing in disguise,” because it would “wake up the world, before terrorists get their hands on massive destruction, before they get biological weapons and kill not 3,000 but 30 or 300,000.” [US Department of Defense, 2/14/2003; US Department of Defense, 2/25/2003; US Department of Defense, 9/10/2003; US Department of Defense, 11/18/2003; US Department of Defense, 6/4/2004] When he is asked in an interview, “Do you feel that [9/11] was a wake- up call?” Rumsfeld responds, “I think so absolutely, yeah.” [PBS, 9/10/2003] Rumsfeld makes a similar claim in his prepared testimony for the 9/11 Commission in March 2004: “Think about what has been done since the September 11th attacks: two state sponsors of terrorism have been removed from power, a 90-nation coalition has been formed which is cooperating on a number of levels… All of these actions are putting pressure on terrorist networks. Taken together, they represent a collective effort that is unprecedented—which has undoubtedly saved lives, and made us safer than before September 11th.” [9/11 Commission, 3/23/2004 ]