At the behest of Deputy Secretary of Defense Paul Wolfowitz, former CIA Director James Woolsey and a team of Justice and Defense Department officials fly to London on a US government plane to look for evidence tying Saddam Hussein to the 1993 bombing of the World Trade Center. Woolsey’s trip is in part the idea of neoconservative author Laurie Mylroie (see Late July or Early August 2001). It is the second such mission undertaken by Woolsey this year, as he made a similar trip in February (see February 2001). Woolsey is looking for evidence to support the theory (see Late July or Early August 2001 and Mid-September-October 2001) that Ramzi Yousef, the mastermind behind the 1993 WTC bombing, was actually an Iraqi agent who had assumed the identity of a Pakistani student named Abdul Basit. Woolsey visits the Swansea Institute, where Basit studied, to see if Basit’s fingerprints match those of Yousef, who is now serving a life sentence in a Colorado prison. Matching fingerprints would discredit the theory. [Knight Ridder, 10/11/2001; Observer, 10/14/2001; Daily Telegraph, 10/26/2001; Middle East Policy Council, 6/2004] While in Europe, Woolsey also attempts to link the Iraqi government to 9/11 and the October 2001 anthrax attacks (see Mid-September-October 2001). But according to Knight Ridder, “Several of those with knowledge of the trips said they failed to produce any new evidence that Iraq was behind the attacks.” [Knight Ridder, 10/11/2001] Newsweek will similarly report in 2004 that “the results of the Woolsey mission were exactly what the FBI had predicted: that the fingerprints were in fact identical.” [Newsweek, 4/21/2004] The local police in Swansea are curious about Woolsey’s visit and they call the US embassy in London to clarify if Woolsey is visiting in an official capacity. This alerts the State Department and CIA of Woolsey’s trip for the first time, and apparently both agencies are upset. One intelligence consultant familiar with the trip will say, “It was a stupid, stupid, and just plain wrong thing to do.” [Knight Ridder, 10/11/2001; Village Voice, 11/21/2001] It is through this contact that Secretary of State Colin Powell and CIA Director George Tenet learn of Woolsey’s mission (see September 19-20, 2001). [Middle East Policy Council, 6/2004]
September 25, 2001: Justice Department Lawyer Asserts There Is No Limit to President’s Authority to Wage War
In a secret 15-page memo to Deputy White House Counsel Timothy Flanigan, Justice Department lawyer John Yoo, a deputy in the Office of Legal Counsel, reasons that it is “beyond question that the president has the plenary constitutional power to take such military actions as he deems necessary and appropriate to respond to the terrorist attacks” of 9/11. Those actions can be extensive. “The president may deploy military force preemptively against terrorist organizations or the states that harbor or support them,” Yoo writes, “whether or not they can be linked to the specific terrorist incidents of Sept. 11.… Force can be used both to retaliate for those attacks, and to prevent and deter future assaults on the nation. Military actions need not be limited to those individuals, groups, or states that participated in the attacks on the World Trade Center and the Pentagon.” The memo is solicited and overseen by White House lawyers.
Power Derives from Constitution, Congressional Authorization for War – This power of the president, Yoo states, rests both on the US Congress’ Joint Resolution of September 14 (see September 14-18, 2001) and on the War Powers Resolution of 1973. “Neither statute, however, can place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” (Most experts believe that the Constitution strictly limits the president’s power to declare and conduct war—see 1787).
Power More Extensive than Congress Authorized – Yoo argues further that the September 14 resolution does not represent the limits to the president’s authority. “We think it beyond question” that Congress cannot “place any limits on the president’s determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response. These decisions, under our Constitution, are for the president alone to make.” Congress’s “Joint Resolution is somewhat narrower than the president’s constitutional authority,” Yoo writes, as it “does not reach other terrorist individuals, groups, or states which cannot be determined to have links to the September 11 attacks.” The president’s broad power can be used against selected individuals suspected of posing a danger to the US, even though it may be “difficult to establish, by the standards of criminal law or even lower legal standards, that particular individuals or groups have been or may be implicated in attacks on the United States.” Yoo concludes: “[W]e do not think that the difficulty or impossibility of establishing proof to a criminal law standard (or of making evidence public) bars the president from taking such military measures as, in his best judgment, he thinks necessary or appropriate to defend the United States from terrorist attacks. In the exercise of his plenary power to use military force, the president’s decisions are for him alone and are unreviewable.”
‘Unenumerated’ Presidential Powers – Yoo even asserts that the president has more power than his memo claims: “[T]he president’s powers include inherent executive powers that are unenumerated in the Constitution,” including but not limited to the power to take the country to war without Congressional input. [US Department of Justice, 9/25/2001; Savage, 2007, pp. 121-122]
Memo Remains Secret for Three Years – The contents of this memo are not disclosed until mid-December 2004. [Newsweek, 12/18/2004; Newsweek, 12/27/2004]
September 25-26, 2001: Neoconservative Commentator Kristol Advocates Regime Change in Iraq, Slams Powell
Neoconservative commentator and publisher William Kristol writes that the US must implement “regime change where possible” throughout the Middle East, and especially in Iraq. He excoriates Secretary of State Colin Powell for being against such an aggressive policy. The next day, the Washington Times, a right-wing newspaper, prints an editorial agreeing with Kristol about the need for regime change, and adds its voice to Kristol’s in criticizing Powell. [Unger, 2007, pp. 217]
September 28, 2001: Bush Tells His Advisers Iraq ‘Probably Was Behind’ 9/11; Wants to Use Afghanistan War as Warning to Other Countries
During a National Security Council meeting attended by CIA Director Tenet, National Security Adviser Rice, Secretary of State Powell, Vice President Cheney and others, President Bush says of the 9/11 attacks, “Many believe Saddam [Hussein] is involved. That’s not an issue for now. If we catch him being involved, we’ll act. He probably was behind this in the end.” He also says, “What we do in Afghanistan is an important part of our effort. It’s important to be serious and that’ll be a signal to other countries about how serious we are on terror.” He mentions Syria and Iran as countries he wants to warn. This is according to journalist Bob Woodward, who interviews many top officials at the meeting. [Woodward, 2002, pp. 167] One week earlier, the CIA advised Bush that there was no link between al-Qaeda and the Iraqi government. CIA Director Tenet also told Bush that the one alleged connection between Iraq and the 9/11 attack “just doesn’t add up” (see September 21, 2001).
Late September 2001: Cheney’s Chief of Staff Pressures Clarke to Support Alleged Mohamed Atta-Iraq Connection
In the driveway outside the West Wing of the White House, Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, allegedly grabs counterterrorism “tsar” Richard Clarke and says, “I hear you don’t believe this report that Mohamed Atta was talking to Iraqi people in Prague.” Clarke responds, “I don’t believe it because it’s not true.” According to Clarke, Libby replies, “You’re wrong. You know you’re wrong. Go back and find out; look at the rest of the reports, and find out that you’re wrong.” Clarke will later comment, “And I understood what he was saying, which was, ‘This is a report that we want to believe, and stop saying it’s not true. It’s a real problem for the vice president’s office that you, the counterterrorism [‘tsar’], are walking around saying that this isn’t a true report. Shut up.’ That’s what I was being told.” [PBS Frontline, 6/20/2006; PBS Frontline, 6/20/2006; Unger, 2007, pp. 279] While the timing of the incident is not specified, it likely takes place in late September 2001, after allegations that Atta met an Iraqi agent in Prague are made public, but before Clarke resigns as counterterrorism “tsar” at the end of the month.
September 30, 2001: Four Prominent Republicans Make Alarming Comments about Terrorists and WMDs
Four prominent Republican officials make alarming comments about terrorism and especially the use of WMDs against the US: Attorney General John Ashcroft says on CNN: “We believe there are substantial risks of terrorism still in the United States of America. As we as a nation respond to what has happened to us, those risks may in fact go up.”
White House chief of staff Andrew Card says on Fox News, “I’m not trying to be an alarmist, but we know that these terrorist organizations, like al-Qaeda, run by Osama bin Laden and others, have probably found the means to use biological or chemical warfare.”
Defense Secretary Donald Rumsfeld says on NBC’s Meet the Press, “There’s always been terrorism, but there’s never really been worldwide terrorism at a time when the weapons have been as powerful as they are today, with chemical and biological and nuclear weapons spreading to countries that harbor terrorists.” He suggests several countries supporting terrorists either have WMDs or are trying to get them. “It doesn’t take a leap of imagination to expect that at some point those nations will work with those terrorist networks and assist them in achieving and obtaining those kinds of capabilities.” He does not name these countries, but the New York Times notes the next day that the US military had recently identified the WMD programs in Iraq, Iran, Syria, and Sudan as cause for concern.
Representative Henry Hyde (R-IL), the chairman of the House International Relations Committee, also says on Meet the Press that biological weapons “scare” him more than nuclear weapons because they can be brought into the country “rather easily.”
The New York Times reports that there is no new intelligence behind these alarming comments. By contrast, Senator Joseph Biden (D-DE), chairman of the Senate Foreign Relations Committee, says it is unlikely terrorists are capable of making extremely deadly biological weapons. He says that terrorists might have access to weapons that use anthrax or smallpox, but while “There are those serious things… we can deal with them.” [New York Times, 10/1/2001] Deputy press secretary Scott McClellan will later observe: “Even the Cheney-driven White House effort to provide all Americans with the smallpox vaccine that was being pushed publicly in the latter weeks of 2002 played into the environment of fear about the Iraq WMD threat. It seems to me a little cynical to suggest that its timing was calculated, but it did not hurt the broader campaign to sell the war.” [McClellan, 2008, pp. 138]
October 8, 2001: Ex-CIA Director’s Meeting With Taliban Leader Is Called Off
Ex-CIA Director James Woolsey, as part of his attempt to gather evidence that could tie Iraq to the 9/11 attacks, contacts the Taliban. He works with Mansoor Ijaz, a US businessman of Pakistani origin, who is a lobbyist for Pakistan in the US, an occasional Fox News commentator, and has extensive political ties in the US. Woolsey is also vice chairman of the board of Ijaz’s company. Woolsey and Ijaz work with Khalid Khawaja, a friend of Osama bin Laden and ex-ISI operative. The three plus an unnamed US journalist arrange to meet with Taliban leader Mullah Omar in Kandahar, Afghanistan, on October 8. The Taliban agree to tell Woolsey about a meeting between Iraqi and al-Qaeda officials that took place in 1997, and possibly other similar information. Apparently in return they hope to avert the US invasion of Afghanistan. However, the US bombing begins on October 7, and the meeting is called off. [Dawn (Karachi), 2/15/2002; Financial Times, 3/6/2003] At least part of this team will later play another behind-the-scenes role. After being given a tip that Mansoor Ijaz is connected to leading militant Muslims in Pakistan, reporter Daniel Pearl will connect with Khalid Khawaja, who in turn connects him with militant Muslims who kidnap and eventually kill him. A leading Pakistani newspaper will claim that at one point Newsweek is about to accuse Khawaja of involvement in the plot to kidnap Pearl, but Ijaz vouches for Khawaja and convinces Newsweek to pull back its accusations. [Dawn (Karachi), 2/15/2002; Vanity Fair, 8/2002]
October 10, 2001: US Television Networks ‘Doing Too Much of the Government’s Bidding’
The Bush administration asks the major US television networks to refrain
from showing unedited video messages taped by Osama bin Laden. They agree. A Newsweek article is critical of the decision, pointing out that “all but one [of these networks] are controlled by major conglomerates that have important pending business with the government.” The article openly questions if the media is “doing too much of the government’s bidding” in reporting on 9/11. Says one expert, “I’m not saying that everything is a horrible paranoid fantasy, but my sense is there’s an implicit quid pro quo here. The industry seems to be saying to the administration, ‘We’re patriotic, We’re supporting the war, we lost all of this advertising, now free us from [business] constraints.’” [Newsweek, 10/13/2001]
October 13, 2001: Czech Foreign Minister Tells Secretary of State Powell Mohamed Atta May Have Met with Iraqi Spy
Czech foreign minister Jan Kavan briefs Secretary of State Colin Powell in Washington about the alleged trip 9/11 plotter Mohamed Atta took to the Czech Republic in April 2001 (see April 8, 2001). Kavan tells Powell that the BIS, the Czech intelligence service, has reason to believe that Mohamed Atta may have met near Prague with Iraqi spy Ahmed Khalil Ibrahim Samir al-Ani. [New York Times, 10/20/2001 Sources: Jan Kavan]
October 16, 2001: Czech Minister Refuses to Confirm Atta Meeting with Iraqi Agent in Prague
Referring to the claim that 9/11 hijacker Mohamed Atta met with Iraqi Counsel al-Ani on April 8, 2001 (see April 8, 2001), Stanislav Gross, the Czech interior minister, states, “I can only confirm one visit in the summer” and Petr Necas, chairman of the parliamentary defense committee, says, “I haven’t seen any direct evidence that Mr. Atta met any Iraqi agent.” Citing a senior Czech Republic official, the New York Times will report on October 20 that “firm documentary evidence existed only that Mr. Atta had passed through the Prague airport from Germany to take a flight to Newark.” [New York Times, 10/20/2001] The rumors, which had first surfaced shortly after the attacks, were based on information from a Czech intelligence source inside Prague’s Middle Eastern community. The source had told the BIS, the Czech Republic’s intelligence service, that he had seen Atta meeting al-Ani in a restaurant outside of Prague on April 8 earlier that year (see April 8, 2001). [CNN, 9/19/2001; Newsweek, 4/28/2002]