27. Katharine Q. Seelye and David E. Sanger, “Bush Reconsiders Stand on Treating Captives of War,” New York Times, January 29, 2002.
28. Rumsfeld to Powell and Rice, “Geneva Convention,” February 4, 2002.
29. Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.
30. Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.
31. Department of Defense, “Points for 2/4/02 NSC Meeting on Geneva Convention,” February 3, 2002.
32. Powell to Gonzales and Rice, “Draft Decision Memorandum for the President on the Applicability of the Geneva Convention to the conflict in Afghanistan,” January 25, 2002.
33. Bush to Cheney et al., “Humane Treatment of al Qaeda and Taliban Detainees,” February 7, 2002.
34. Rumsfeld to Hadley et al., “Transferring Responsibilities to Afghanistan and Iraq,” February 3, 2005.
35. Haynes to Rumsfeld, “Detention Facilities in the Continental United States,” December 27, 2001.
36. Department of Defense news transcript, “DoD News briefing—Secretary Rumsfeld and Gen. Myers,” December 27, 2001.
37. Rumsfeld to Myers and Franks, “Low-Level Enemy Combatants,” April 21, 2003.
38. Rumsfeld to Powell et al., “Making Afghans Responsible for Holding ‘Low-Level’ Enemy Combatants in the Afghan System,” April 21, 2003.
39. Rumsfeld to Feith, “Detainees,” January 3, 2003.
40. Rumsfeld to Feith, “Detainees,” January 8, 2003.
41. Rumsfeld to Haynes and Feith, “Detainees,” April 11, 2003.
42. Rumsfeld to Powell et al., “Negotiating Transfer Agreements With Foreign Nations,” April 21, 2003.
43. “Lesson Eighteen: Prisons and Detention Centers,” Manchester Document, al-Qaida Training Manual.
44. “Lesson Eighteen: Prisons and Detention Centers,” Manchester Document, al-Qaida Training Manual.
45. Michael Isikoffand John Barry, “Gitmo: SouthCom Showdown,” Newsweek, May 9, 2005.
46. Mark Whitaker, “The Editor’s Desk,” Newsweek, May 23, 2005.
47. “Guantánamo Better Than Belgian Prisons: OSCE Expert,” Reuters, March 7, 2006.
48. Department of Defense Office of Public Affairs, “Ten Facts about Guantanamo,” September 14, 2006; Spc. Shanita Simmons, USA, “Detainee Literacy Rates ImproveThrough Education Programs,” American Forces Press Service; Jane Sutton, “Guantánamo Convict Eligible for ‘Movie Night,’” Reuters, August 8, 2008.
49. Chris Hedges, “Ex-Judge vs. the Government’s Law-Free Zone,” New York Times, February 6, 2004; Johan Steyn, “Guantánamo Bay: The Legal Black Hole,” Twenty-Seventh FA Mann Lecture, British Institute of International and Comparative Law and Herbert Smith, Lincoln’s Inn Old Hall, November 25, 2003.
50. Alan Cowell, “U.S. ‘Thumbs Its Nose’ at Rights, Amnesty Says,” New York Times, May 26, 2005.
51. Dan Balz, “Durbin Defends Guantánamo Comments,” Washington Post, June 17, 2005.
52. Helene Cooper and William Glaberson, “At White House, Renewed Debate on Guantánamo,” New York Times, June 23, 2007; Walter Pincus, “Powell Calls for Closure of Military Prison at Guantánamo,” Washington Post, June 11, 2007.
53. Helene Cooper and William Glaberson, “At White House, Renewed Debate on Guantánamo,” New York Times, June 23, 2007.
54. Rumsfeld to Powell et al., “Guantánamo Detainees,” December 19, 2003.
55. Rumsfeld to Powell et al., “Guantánamo Detainees,” December 19, 2003.
56. Mark H. Buzby, “Guantánamo Is a Model Prison (Really),” Wall Street Journal, June 4, 2008.
57. Department of Defense news transcript, “Secretary Rumsfeld Remarks to Greater Miami Chamber of Commerce,” February 13, 2004.
58. Scott Higham and Peter Finn, “At Least $500 Million Has Been Spent Since 9/11 on Renovating Guantánamo Bay,” Washington Post, June 7, 2010.
59. Barack Obama, executive order, “Review and Disposition of Individuals Detained at the Guantánamo Bay Naval Base and Closure of Detention Facilities,” January 22, 2009.
CHAPTER 39 The Twentieth Hijacker
1. “Statement of Jose E. Melendez-Perez to the National Commission on Terrorist Attacks Upon the United States,” seventh public hearing of the National Commission on Terrorist Attacks Upon the United States, January 26, 2004.
2. “Statement of Jose E. Melendez-Perez to the National Commission on Terrorist Attacks Upon the United States,” seventh public hearing of the National Commission on Terrorist Attacks Upon the United States, January 26, 2004.
3. Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell’Orto, and Army Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.
4. Department of Defense, Office for the Administrative Review of the Detention of Enemy Combatants at U.S. Naval Base Guantánamo Bay, Cuba, “Unclassified Summary of Evidence for Administrative Review Board in the Case of Al Qahtani, Maad,” January 17, 2008.
5. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States (New York: W. W. Norton, 2004), p. 248.
6. Department of Defense MC Form 458 (January 2007) for Khalid Sheikh Muhammed, Walid Muhammed Salih Mubarak Bin ‘Attash, Ramzi Binalshibh, Ali Abdul Aziz Ali, Mustafa Ahmed Adam al Hawsawi, and Mohamed Al Kahtani.
7. “Substitution for the Testimony of Mohammad Manea Ahmad Al-Qahtani,” United States v. Moussaoui (Cr. No. 01-455-A).
8. The 9/11 Commission Report: Final Report of the National Commission on Terrorist Attacks Upon the United States (New York: W. W. Norton, 2004), pp. 11, 235.
9. Department of Defense news release, “Guantánamo Provides Valuable Intelligence Information,” June 12, 2005.
10. Chris Mackey and Greg Miller, The Interrogators: Task Force 500 and America’s Secret War Against al Qaeda (New York: Back Bay Books, 2005), p. 472.
11. Department of Justice, Office of the Inspector General, “A Review of the FBI’s Involvement in and Observations of Detainee Interrogations in Guantánamo Bay, Afghanistan, and Iraq,” revised October 2009.
12. Hill to Myers, “Counter-Resistance Techniques,” October 25, 2002.
13. Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.
14. Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.
15. Lieutenant Colonel Jerald Phifer to Major General Michael B. Dunlavey, “Request for Approval of Counter-Resistance Strategies,” October 11, 2002.
16. Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.
17. Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.
18. Haynes to Rumsfeld, “Counter-Resistance Techniques,” November 27, 2002.
19. Philippe Sands, Torture Team: Rumsfeld’s Memo and the Betrayal of American Values (New York: Palgrave Macmillan, 2008).
20. Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell’Orto, and Army Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.
21. Press briefing by White House Counsel Judge Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy General Counsel Daniel Dell’Orto, andArmy Deputy Chief of Stafffor Intelligence General Keith Alexander, June 22, 2004.
22. “Final Report of the Independent Panel to Review DoD Detention Operations” (Schlesinger Panel), August 24, 2004, p. 8.
23. Final Report, Army Regulation 15-6, “Investigation into FBI Allegations of Detainee Abuse at Guantánamo Bay, Cuba Detention Facility” (Schmidt-Furlow Report), amended June 9, 2005, p. 20.
24. Marc A. Th iessen, Courting Disas
ter: How the CIA Kept America Safe and How Barack Obama Is Inviting the Next Attack (Washington, D.C.: Regnery, 2010), pp.285–86; “Review of Department of Defense Detention Operations and Detainee Interrogation Techniques” (Church Report), May 11, 2004.
25. “Review of Department of Defense Detention Operations and Detainee Interrogation Techniques” (Church Report), May 11, 2004.
26. “Review of Department of Defense Detention Operations and Detainee Interrogation Techniques” (Church Report), May 11, 2004.
27. Geren to Rumsfeld, “Allegations in Admiral Church Hearing—SNOWFLAKE,” April 20, 2005.
28. “Working Group Report on Detainee Interrogations in the Global War on Terrorism: Assessment of Legal, Historical, Policy, and Operational Considerations,” April 4, 2003.
29. “Inside the Interrogation of Detainee 063,” Time, June 12, 2005.
30. Rumsfeld to Myers, “Status of Taliban and Al Qaida,” January 19, 2002.
31. Marc A. Th iessen, Courting Disaster: How the CIA Kept America Safe and How Barack Obama Is Inviting the Next Attack (Washington, D.C.: Regnery, 2010), p. 23.
32. Senate Select Committee on Intelligence, “OLC Opinions on the CIA Detention and Interrogation Program,” April 22, 2009; Joby Warrick and Dan Eggen, “Hill Briefed on Waterboarding in 2002,” Washington Post, December 9, 2007.
33. Hearing of the Senate Select Committee on Intelligence, “Current and Projected National Security Threats,” testimony of Michael Hayden, February 5, 2008.
34. Dana Priest, “CIA Holds Terror Suspects in Secret Prisons,” Washington Post, November 2, 2005.
35. Michael Hayden and Michael B. Mukasey, “The President Ties His Own Hands on Terror,” Wall Street Journal, April 17, 2009; Central Intelligence Agency Inspector General, “Counterterrorism Detention and Interrogation Activities, September 2001–October 2008,” May 7, 2004, pp. 85, 88; Central Intelligence Agency, “Detainee Reporting Pivotal for the War Against Al-Qa’ida,” June 3, 2005, appendix; Peter Finn, Joby Warrick, and Julie Tate, “How a Detainee Became an Asset,” Washington Post, August 29, 2009; Central Intelligence Agency, “Khalid Shaykh Muhammed: Preeminent Source on Al-Qa’ida,” July 13, 2004, p. 1.
CHAPTER 40 Law in a Time of War
1. Andrew C. McCarthy, Willful Blindness: A Memoir of the Jihad (New York: Encounter Books, 2008), pp. 304–5; Andrew C. McCarthy, “The Intelligence Mess: How It Happened, What to Do About It,” Commentary, April 2004, p. 16; Ronald Kessler, The CIA at War: Inside the Secret Campaign Against Terror (New York: St. Martin’s Press, 2003), pp. 226–27.
2. “Military Order of November 13, 2001—Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,” Federal Register, vol. 66, no. 222, November 16, 2001.
3. “Military Commissions,” Time, May 18, 2009; William Winthrop, Military Law and Precedents, 2nd edition (Boston: Little, Brown, 1896), vol. II, pp. 1297–1298.
4. Francis Biddle, In Brief Authority (Garden City, NY: Doubleday, 1962), p. 330.
5. Editorial, “A Travesty of Justice,” New York Times, November 16, 2001; Senate Judiciary Committee, opening statement of Senator Patrick Leahy, “DOJ Oversight: Preserving Our Freedoms While Defending Against Terrorism,” November 28, 2001.
6. William Safire, “Kangaroo Courts,” New York Times, November 26, 2001.
7. Department of Defense Military Commission Order No. 1, March 21, 2002.
8. Editorial, “Refining Military Tribunals,” New York Times, March 22, 2002.
9. William Safire, “Military Tribunals Modified,” New York Times, March 21, 2002.
10. Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
11. Ex parte Quirin, 317 U.S. 1 (1942).
12. Ex parte Quirin, 317 U.S. 1, 35 (1942).
13. Johnson v. Eisentrager, 339 U.S. 763 (1950).
14. Hamdan v. Rumsfeld, 548 U.S. 557 (2006).
15. International Committee of the Red Cross (ICRC), “Convention (III) Relative to the Treatment of Prisoners of War,” Article 3, Geneva, August 12, 1949.
16. Department of Defense Directive 2310.01E, “The Department of Defense Detainee Program,” September 5, 2006.
17. Rumsfeld to Cambone, “Finalization of New Army Field Manual,” December 19, 2005.
18. Boumediene v. Bush, 553 U.S. 723, 811 (2008) (Roberts, C. J., dissenting).
19. Johnson v. Eisentrager, 339 U.S., 763, 779 (1950).
20. David Rivkin and Lee Casey, “Lawfare,” Wall Street Journal, February 23, 2007; Charles J. Dunlap, Jr., “Lawfare: A Decisive Element of 21st-Century conflicts?” Joint Forces Quarterly, issue 54, 3rd quarter, 2009.
21. James Ridgeway with Ariston-Lizabeth Anderson and Sandra Bisin, “Manhattan’s Milosevic: How You Can Do What the Government Won’t: Arrest Henry Kissinger,”Village Voice, August 15, 2001.
22. “US Warned on Deadly Drone Attacks,” BBC News, October 28, 2009.
23. Ian Black and Ewen MacAskill, “US Threatens Nato Boycott Over Belgian War Crimes Law,” The Guardian, June 13, 2003.
24. Rumsfeld to Cheney et al., “Judicialization of International Politics,” April 9, 2003.
CHAPTER 41 The Road Not Traveled
1. Rumsfeld to Hadley, “Deputies’ Committee Meeting,” January 6, 2005.
2. Jack Goldsmith, The Terror Presidency: Law and Judgment Inside the Bush Administration (New York: W. W. Norton, 2007), pp. 206–10.
3. Alexander Hamilton, “The Federalist No. 70: The Executive Department Further Considered,” Independent Journal, March 15, 1788.
4. William J. Haynes II, “Lewis F. Powell Lecture,” American College of Trial Lawyers, Tucson, Arizona, March 8, 2008.
5. Rumsfeld to Bush et al., [No Subject], September 19, 2001.
6. Rumsfeld to Haynes, cc: England, “Idea for Congressional Involvement,” March 30, 2005.
7. Andrew C. McCarthy, “A Quick Way Forward After Boumediene,” National Review Online, June 16, 2008.
PART THIRTEEN Pulling On Our Boots:
Challenges and Controversies Beyond the War Zones
1. Elizabeth Becker, “Congress Passes Antimissile Defense Policy,” New York Times, May 21, 1999.
2. Department of Defense news release, “Missile Intercept Test Successful,” October 14, 2002.
CHAPTER 42 Katrina and the Challenge of New Institutions
1. Office of Assistant Secretary of Defense for Homeland Defense, “Hurricane Katrina Interim Timeline (August-September 2005),” October 17, 2005.
2. Rumsfeld to Myers, “USG’s Ability to Deal with Catastrophic Events—Natural orTerrorist,” September 20, 2005.
3. OSD Policy, “Gaps and Seams in Protecting the US Homeland,” August 11, 2005.
4. Rumsfeld, “Homeland Defense,” May 25, 2004.
5. Active-Duty Unit Timeline, September 3, 2005.
6. Joint Hearing of the House Subcommittee on Emergency Preparedness, Science, and Technology of the Committee on Homeland Security and the Subcommittee on Terrorism, Unconventional Threats, and Capabilities of the Armed Services Committee, “Military and National Guard Roles in Disaster Response,” statement of Paul McHale, Assistant Secretary of Defense for Homeland Defense, 109th Cong., 1st sess., November 9, 2005.
7. Rumsfeld to Bush et al., “Daily Update on Department of Defense KATRINA Activity,” September 9, 2005.
8. Rumsfeld to Myers, “USG’s Ability to Deal with Catastrophic Events—Natural or Terrorist,” September 20, 2005.
9. Joint Hearing of the House Subcommittee on Emergency Preparedness, Science, and Technology of the Committee on Homeland Security and the Subcommittee on Terrorism, Unconventional Threats, and Capabilities of the Armed Services Committee, “Military and National Guard Roles in Disaster Response,” statement of Paul McHale, Assistant Secretary of Defense for Homeland Defense, 109th Cong., 1st sess., November 9, 2005.
10. Maureen Dowd, “United States of Shame,” New York Times, September 3, 2005; Howard Dean, interviewed by Wolf Blitzer, The Situation Room, CNN, Sept
ember 9, 2005.
11. Rumsfeld to Bush et al., “Some Illustrative New Approaches and Initiatives to Meet the 21st Century Challenges,” April 21, 2006.
12. Rumsfeld, “Intel Issue,” September 8, 2004; Rumsfeld to Bush, “Intelligence ‘Reform,’” September 11, 2004; Rumsfeld to Card et al., “Possible Talking Points,” October 22, 2004; Philip Shenon, “Joint Chiefs Chairman Urges Curbs on New Intelligence Post,” New York Times, October 23, 2004.
13. Rumsfeld, “Goldwater-Nichols for the USG,” February 8, 2004.
14. Rumsfeld to Card et al., “Transforming the USG,” August 25, 2004.
15. Department of Defense news transcript, “Secretary Rumsfeld Remarks at the Truman Library, Independence, Mo.,” March 2, 2006.
16. Rumsfeld to Bush et al., “Some Illustrative New Approaches and Initiatives to Meet the 21st Century Challenges,” April 21, 2006.
17. Rumsfeld, “Role of US Military,” March 26, 2004.
18. “A Major Change of Public Opinion In the Muslim World: Results from a New Poll of Indonesians,” Terror Free Tomorrow: The Center for Public Opinion, poll conducted February 1-6, 2005.
19. “US Senate Passes Resolution Based on Terror Free Tomorrow’s Findings,” Terror Free Tomorrow: The Center for Public Opinion, 2006; S. Res. 356, 109th Cong., 2d sess., January 27, 2006.
20. Rumsfeld, “A Nation and the Civilized World at War in the 21st Century,” January 18, 2005.
CHAPTER 43 Gardening
1. George P. Shultz, Turmoil and Triumph: My Years as Secretary of State (New York: Charles Scribner’s Sons, 1993), p. 128.
2. “Popularity of Colombia’s Uribe Soars After Rescue,” Reuters, July 6, 2008.
3. Robert G. Joseph, Countering WMD: The Libyan Experience (Fairfax, VA: National Institute Press, 2009).
4. Rumsfeld, “Pressure on Terrorists,” January 17, 2006; Rumsfeld to Pace, “Thoughts on Being in Place for Any Possible Future AQ Movements,” January 12, 2006.
5. Condoleezza Rice, interviewed by George Stephanopoulos, This Week, ABC, November 11, 2007.
6. Shirin Akiner, “Violence in Andijan, 13 May 2005: An Independent Assessment,” Silk Road Paper, July 2005.
7. L. E. Jacoby to Rumsfeld, “Uzbekistan: Review of Information on Unrest in Andijon, 12–13 May 2005,” July 30, 2005.
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