500 Days: Secrets and Lies in the Terror Wars

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500 Days: Secrets and Lies in the Terror Wars Page 75

by Kurt Eichenwald


  363: Details of the plot against Musharraf from the September 19, 2002, testimony of Richard Armitage before the Joint Hearing of the House and Senate Committees on Intelligence, “Events Surrounding the Terrorist Attacks of September 11, 2001.”

  364: Details of the atmosphere and events surrounding Bush’s presentation at the U.N. from a videotape of the event. The words of his speech from a transcript in Public Papers of the President, George W. Bush 2001, Vol 2. Also see Senate Select Committee on Intelligence, “Report on the U.S. Intelligence Community’s Prewar Intelligence Assessments on Iraq,” July 7, 2004 (the Senate Prewar Report on Iraq); and Steven Metz, Army War College, “Decisionmaking in Operation Iraqi Freedom: Removing Saddam Hussein by Force,” Operation Iraqi Freedom Key Decisions Monograph Series, February 2010 (War College monograph).

  365–366: The troubles with Bush’s teleprompter, and the subsequent calls to allies, were first disclosed in the November 30, 2009, testimony of David Manning before the Iraq inquiry.

  366: Some details of the Hans Blix WMD effort from Hans Blix, Disarming Iraq, Pantheon, 2004; Sharon A. Squassoni, “Iraq: U.N. Inspections for Weapons of Mass Destruction,” Congressional Research Service, Code RL31671, October 7, 2003 (CRS WMD Report); the September 26, 2006, Blix testimony before the House Committee on Government Reform, Subcommittee on National Security, Emerging Threats and International Relations, in a hearing entitled “Nuclear Nonproliferation (Blix House testimony); and Blix’s testimony of July 27, 2010, before the Chilcot Inquiry (Blix Chilcot testimony.)

  366: Details of the Sabri letter from the original document.

  367: Some details of MI5’s intelligence about the plotting of nightclub attacks from the report of the Intelligence and Security Committee (British Parliament), “Inquiry into Intelligence Assessment and Advice Prior to the Terrorist Bombings on Bali 12 October 2002,” December 2002 (British Bali Report).

  367–368: Some details of the visit to Guantanamo by the lawyers from Colonel Terrence Farrell, “Trip Report—DOD General Counsel Visit to GTM,” September 27, 2002; “Inquiry into the Treatment of Detainees in U.S. Custody,” Report of the Committee on Armed Services, United States Senate, November 20, 2008 (Armed Services Report); Barton Gellman, Angler: The Cheney Vice Presidency, Penguin, 2008; and Jack Goldsmith, The Terror Presidency: Law and Judgment Inside the Bush Administration, W. W. Norton, 2007.

  367: The former Jordanian military official’s role in the Qahtani interrogation from partially declassified handwritten notes of a September 10, 2004, FBI interview of an unnamed agent.

  368–370: Some details of the hearings before the Joint Committees on Intelligence from a videotape and transcript of the event.

  370–371: Details of the call to Callaghan from the O’Connor Report and records of the communication.

  371–372: Some details of the flight, arrival, and encounters of Arar from Department of Homeland Security, Office of the Inspector General, “The Removal of a Canadian Citizen to Syria,” Report OIG-08-18 (OIG Arar Report), March 2008, and its addendum dated March 20, 2010 (OIG Arar Report addendum). Also see the O’Connor Report; the State Department August 4 telex; and the transcript of Arar’s statement to the press on November 4, 2003 (Arar press statement). Additional details from Arar’s testimony of October 18, 2007, before the Subcommittee on International Organizations, Human Rights and Oversight with the Committee on the Judiciary, October 18, 2007; Maher Arar v. Ashcroft, Case number CV-040249 DGT VVP, Complaint and Demand for Jury Trial, filed with the United States District Court for the Eastern District of New York and dated January 22, 2004 (Arar complaint); from the same case, “Plaintiff Maher Arar’s Memorandum of Law in Opposition to Defendant’s Motions to Dismiss,” filed January 14, 2005; from the same case, ruling of the District Court; from an appeal of the same case, February 16, 2006; from an appeal of the same case, Brief for Defendant-Appellee Edward J. McElroy filed with the United States Court of Appeals for the Second Circuit, February 27, 2007 (McElroy brief). Also see Maher Arar: Chronology of Events, available at www.maherarar.ca.

  372–373: Details of the INS meeting about Arar were first disclosed in the OIG Arar Report.

  372: Details of Ziglar’s selection and troubled tenure as INS commissioner from Joe Cantlupe, “Bush’s INS Pick Might Be a Shoo-In, but It’s Said He’s a ‘Blank Page’ on Immigration Policy,” San Diego Union Tribune, July 19, 2001; Dan Eggen and Cheryl W. Thompson, “Angry Bush Orders Probe of ‘Inexcusable’ INS Action,” Washington Post, March 14, 2002; Edward Walsh, “INS Shakeup Follows Criticism of Terrorists’ Visas,” Washington Post, March 16, 2002; and Susan Schmidt and Cheryl W. Thompson, “Commissioner of INS to Resign,” Washington Post, August 17, 2002.

  373, 375: Some details of Monia Mazigh’s dreams and anxieties about her husband’s disappearance from Monia Mazigh, Hope and Despair, McClelland & Stewart, 2008.

  373, 374, 375: Some details of Arar’s interrogation from the OIG Arar Report; the O’Connor Report; and State Department August 4 telex. Also see the Arar press statement and Pither, Dark Days.

  374: The fact that the Joint Terrorism Task Force decided that there was no reason for a continued investigation of Arar from the OIG Arar Report addendum.

  374: Blackman’s decision from the original document.

  374: Arar’s inmate number from his intake form at the prison.

  375, 379–380: Some details of Almalki’s experiences in Syria related to Arar from the Iacobucci Report; the O’Connor Report; and the Toope Report. Also see “Abdullah Almalki: Chronology,” a document created by Almalki and his lawyer, Paul Copeland; and Clifford Krauss, “Evidence Grows That Canada Aided in Having Terrorism Suspects Interrogated in Syria,” New York Times, September 17, 2005. Also see State Department August 4 telex.

  375–376: Details of Witsch’s concerns from the original document to Wirts, headed “Concern with JPRA Involvement with Operation Enduring Freedom Exploitation of Detained Unlawful Combatants”; Wirts’s response from the Armed Services Report.

  376–377: Some details of Arar’s call to his mother-in-law, and her subsequent call to her daughter, from Mazigh, Hope and Despair; and from the Arar press statement.

  377: Details of the British travel advisory from the original document. The comparisons with other advisories and the failure to properly represent the threat from the British Bali Report.

  377–379: Some details of the Guantanamo meeting from “Counter Resistance Strategy Meeting Minutes,” dated October 2, 2002, and the Armed Services Report.

  380–381: Some details of the meeting between Girvan and Arar from the O’Connor Report and a case note prepared by Girvan on October 3, 2002.

  381, 384–385: Details of the contact with Flewelling from his August 22, 2005, testimony before the Arar Commission headed by O’Connor; and the O’Connor Report.

  382: The call between Thompson and Armitage was first disclosed in the OIG Arar Report addendum.

  382–383: Some details of the duct tape incident from the FBI/OIG Report; and multiple statements taken in the Schmidt-Furlow Inquiry: the Dunlavey statement; a partially declassified statement of the Interrogation Control Element Chief for Joint Task Force 170th/JTF-GTMO, taken March 3, 2005; a partially declassified statement of the second FBI witness taken the same day; a partially declassified statement of a former staff judge advocate with 170th JTF-GTMO, taken on January 21, 2005, and March 17, 2005.

  383–384: Details of the National Intelligence Estimate from the original document, “Key Judgments: Iraq’s Continuing Program for Weapons of Mass Destruction,” October 2002. Also see Senate Select Committee on Intelligence, “Report on the U.S. Intelligence Community’s Prewar Intelligence Assessments on Iraq,” July 7, 2004.

  385: Some details of Arar’s meeting with Oummih from the OIG Arar Report; Pither, Dark Days; and Mozigh, Hope and Despair. Also see the Arar press statement.

  385–386: Some details of the communication between INS headquarters and the asylum office
rs, the failure to appropriately contact his lawyers, and the subsequent hearing from the OIG Arar Report.

  387: Details of the American findings about Syrian torture from U.S. Department of State, 2001 Country Reports on Human Rights Practices, March 4, 2002.

  387–388: Some details of the interview between Fuller and Khadr from Fuller’s testimony of January 20–21, 2009, from the military commission hearing of United States v. Omar Khadr; Omar El Akkad and Colin Freeze, “Cracks Show in FBI Agent’s Testimony on Khadr,” Globe and Mail, January 21, 2009.

  389, 390: Some details of Arar’s removal to Jordan from the O’Connor Report and the OIG Arar Report. Also see State Department August 4 telex; the Arar press statement; and Pither, Dark Days.

  389–390: Evidence cited in the removal order from the original document.

  Chapter 13

  391–394: Some details about the meeting between Blair and Putin from the Campbell diaries; Agence France Presse, “Blair, in Russia, Hopes to Sway Putin on Iraq,” October 11, 2002; Fraser Nelson, “Blair Woos Russia to Back War,” Scotsman, October 11, 2002; “Putin’s Doubts over Iraq Weapons Dossier,” Birmingham Post, October 12, 2002; and Graem Wilson, “Blair Humiliated as Putin Refuses Support on Iraq,” Daily Mail, October 12, 2002.

  394–401, 413–415: Some details of the Bali bombing and the subsequent investigation from assorted investigative files of the Balinese Police Region, from October 13 through November 23; dossier, “Re: Amrozi,” submitted by Brigadier General Herman Hidayat to Wayan Pasek Suartha, January 6, 2003; Australian Federal Police, “Operation Alliance, Investigating the Bali Bombings of 12 October 2002,” undated report. Also see Matt Cianflone et al., “Anatomy of a Terrorist Attack,” Matthew B. Ridgway Center for International Security Studies; FBI 302 of interview of Mohammed Mansour Jabarah, August 21, 2002; Intelligence and Security Committee, “Inquiry into Intelligence, Assessments and Advice Prior to the Terrorist Bombings on Bali 12 October 2002,” presented to Parliament by the Prime Minister, December 2002; Commonwealth of Australia, Information and Research Services for Parliament, “The Bali Bombing: What It Means for Indonesia,” Current Issues Brief no. 4, November 4, 2002; Australian Department of Parliamentary Library, Research Note, “The Amrozi Bali Bombing Case: Is Indonesia’s Anti-terrorism Law Unconstitutional?” no. 14, October 7, 2003; Nasir Abas, “Exposing Jemaah Islamiyah: Revelations of a Former JI Member,” July 2005; Aratnan School of International Studies, “October 2002 Bali Bombings: A Case Study in Terrorist Financing,” undated; Keith Moor, “Murder in Bali,” Herald Sun (Melbourne), October 2, 2003; State Department Cable, “Ref: A) Jakarta 9857 B) Jakarta 10534 C) TD 314/47990-03,” September 16, 2003; “Allah’s Assassins,” Bulletin, March 5, 2003; and Wayne Miller and Darren Goodsir, “The Laughing Bali Bomber Tells All,” Age, November 14, 2002.

  396: The identity of the Japanese couple from “Indonesia: Pain and Anger Linger in Bali 5 Years after Deadly Bombings,” South China Post, October 13, 2007.

  401: Details of the Australian reaction to the Bali bombings from press release, the Australian Greens, “Inexcusable Hate Behind Bali Horror,” October 13, 2002; transcript of press conference by Prime Minister John Howard, October 13, 2002. Also see John Kerin and Matt Price, “Iraq and Bombers Linked,” Australian, October 23, 2002.

  401–402: Bush’s statements from transcripts of the October 13 speeches in the Public Papers of the President, George W. Bush 2001, Vol 2. Also see Bob Dean, “President Suggests Bali Bombing Is Linked to Attacks in Kuwait; Bush Warns of Iraq Threat,” Austin American Statesman, October 15, 2002.

  402: The debate in Parliament from a transcript of Prime Minister’s Questions session on October 15, 2002; and a video of the event. Also see Patrick Wintour, “Bali Bombing: Blair Denies That Iraq Focus Is Misguided,” Guardian, October 15, 2002.

  403–404: Information about the Phifer, Beaver, and Dunlavey memos from the original documents.

  404–405: Some details about the videoconference from the FBI/OIG Report and the Armed Services Report. Also see December 17, 2002, memo from Timothy James, Special Agent in Charge, Criminal Investigative Task Force Guantanamo, to JTF-GTMO/J2, headed “Subject: JTF GTMO ‘SERE’ INTERROGATION SOP DTD 10 Dec 02.”

  405–407: Some details of the Lady-D’Ambrosio meeting from D’Ambrosio’s formal statements to the Milan district attorney. Also see “Decree for the Application of Coercive Measures,” filed with the Judge Presiding of Preliminary Investigations in Milan, filed under article 292 c.p.p., no. 10838/05.

  407–408: Statements from Fallon’s e-mail from the original document, “Re: Counter Resistance Strategy Meeting Minutes,” October 28, 2002.

  408–409: Some details of the appeals court hearing from a transcript of the event. Also see Katharine Q. Seelye, “Appeals Court Again Hears Case of American Held Without Charges or Counsel,” New York Times, October 29, 2002; Tim McGlone, “Northfolk Detainee’s Rights Are Concern of Appeals Court,” Virginian-Pilot, October 29, 2002; and Tom Jackman, “Judges Wary of Interference in Hamdi Case,” Washington Post, October 29, 2002.

  409–411: Some details of Blix’s visit to the White House from Hans Blix, Disarming Iraq, Pantheon, 2008.

  411–412: Some details of the Lady-Mancini meeting from D’Ambrosio’s formal statements to the Milan district attorney. Also see “Decree for the Application of Coercive Measures.”

  412–413: Details about Ivins’s writings from the original documents.

  415–417: Some details about the preparation of plans to interrogate Qahtani from the Armed Services Report; the Schmidt-Furlow Report; and the Schmidt testimony. Those spell out the different interpretations of what was communicated down the line by Rumsfeld. Also see memo of John F. Rankin to Captain Weis, “Subj: Physical and Psychological Pressures During Interrogation,” January 3, 2003. Also see “Executive Summary,” the Church Report re: Detainee Operations, March 2005.

  417–419: Some details of the November 14 meeting between Powell and Graham from a telex from the American embassy in Ottawa to the secretary of state dated that same day and captioned “Secretary’s November 14 meeting with Canadian Foreign Minister Bill Graham”; a Canadian government e-mail dated December 2, 2003, headed “Re: conversation between Secretary of State Colin Powell and Minister Graham”; the May 30, 2005, testimony of Graham before the Arar Commission; a June 16, 2005, document compiled for the Arar Commission headed “RCMP: Chronology of Public Information and Events”; the June 2, 2005, testimony of Graham before the Arar Commission; and the O’Connor Report. Also see “U.S. Asks What Canada Could Offer Iraq Attack,” North Bay Nugget (Ontario), November 19, 2002; and Jim Fox, “U.S. Wants Canadian Cooperation,” St. Petersburg Times, November 17, 2002.

  419–420: Some details of the debate over the Qahtani interrogation plan from the FBI/OIG Report and the Armed Services Report.

  420–421: Some details of the discussion in Prague between Graham and Powell in the Czech Republic from the June 2, 2005, testimony of Graham before the Arar Commission; and the O’Connor Report.

  421–422: Some details of the meeting between Bush and Blair from a contemporaneous memo summarizing the discussions that was read to the author and the Campbell diaries.

  422–426, 433–434, 436–437, 439–442: Some details of Qahtani’s interrogations from “Interrogation Log, Detainee 063,” recording questioning from November 23, 2002, through January 11, 2003; “Summary of Administrative Review Board Proceedings for ISN 063,” conducted by an administrative review board at Guantanamo; a handwritten letter from Qahtani; and “Summarized Witness Statement of Major General Geoffrey D. Miller,” taken on March 18, 2005, as part of the Schmidt-Furlow investigation. Also see Bob Woodward, “Detainee Tortured, Says U.S. Official,” Washington Post, January 14, 2009.

  426–427: Some details of the D’Ambrosio-Pignero meeting from D’Ambrosio’s formal statements to the Milan district attorney. Also see “Decree for the Application of Coercive Measures.”

 
427–429: Some details about the memo discussion and Rumsfeld’s reaction, including the note he wrote, from the memo dated November 27, 2002, by William J. Haynes for the secretary of defense, headed “Action Memo,” with the subject line “Counter-Resistance Techniques.”

  Chapter 14

  430–433, 443: Some details about Mora’s discovery of the interrogation issues from a memo stamped July 7, 2004, and written by Mora, headed “Memorandum for Inspector General, Department of the Navy; Subject: Statement for the Record: Office of General Counsel Involvement in Interrogation Issues” (Mora memo). The existence of the memo was first disclosed by Jane Mayer, “The Memo: How an Internal Effort to Ban the Abuse and Torture of Detainees Was Thwarted,” New Yorker, February 27, 2006.

  434–436: Some details of Mora’s meeting with Morello, and his impression of the Beaver analysis, from the Mora memo and the Beaver analysis.

  437–439, 444–445, 446–447, 450–451, 453, 475–476: Some details of Mora’s meetings and contacts with Haynes from the Mora memo.

  442–443: Some details of Leso’s experiences and interactions with James were first reported in Larry C. James, Fixing Hell: An Army Psychologist Confronts Abu Ghraib, Grand Central Publishing, 2008.

 

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