Bush and Cheney Responsible for Five Suspected Terrorists Going Free

/in /by

A Court in the UK just convicted three men it had charged with plotting to make bombs from bottles of liquid and explode them on planes flying over the Atlantic.

Three Britons were found guilty on Monday of plotting to kill people using homemade liquid bombs, but a jury failed to agree that they intended to blow up transatlantic airliners.

After a five-month trial, the jury found Abdulla Ahmed Ali, Assad Sarwar and Tanvir Hussain guilty of conspiring to kill "persons unknown" but were not convinced by the prosecution’s case that they planned to target aircraft leaving London’s Heathrow airport headed for North America.

But it failed to convict a majority of the eight men it had charged.

The jury failed to reach a verdict in the case of four other defendants and an eighth was cleared on all counts. 

We’ll never know, but there’s a decent likelihood British officials could have convicted all the suspects had Bush and Cheney not prematurely trumped up these plans into a terror scare right before the 2006 elections.  As Ron Suskind described, Bush and Cheney pushed the Pakistanis to break this, in spite of demands from the UK that the investigators allow their work to continue to fruition.

NPR: I want to talk just a little about this fascinating episode you describe in the summer of 2006, when President Bush is very anxious about some intelligence briefings that he is getting from the British. What are they telling him?

SUSKIND: In late July of 2006, the British are moving forward on a mission they’ve been–an investigation they’ve been at for a year at that point, where they’ve got a group of "plotters," so-called, in the London area that they’ve been tracking…Bush gets this briefing at the end of July of 2006, and he’s very agitated. When Blair comes at the end of the month, they talk about it and he says, "Look, I want this thing, this trap snapped shut immediately." Blair’s like, "Well, look, be patient here. What we do in Britain"–Blair describes, and this is something well known to Bush–"is we try to be more patient so they move a bit forward. These guys are not going to breathe without us knowing it. Read more →

Share this entry

Bush Re-Ups War, Obstructs Accountability As Nation Twitters Over Palin

/in , , , , /by

The country and the progressive blogosphere have long been suckers for Cheney/Rovian shiny object distractions. I am afraid that is happening as we speak. First off (and i will come back to this later in a separate post) all of the heat, passion an unity that was generated and consolidated by Los Dos Clintonos, Al Gore and then, mightily and masterfully, Barack Obama, is being dissipated by the wind of fixation on Sarah Palin.

But more importantly, critical and substantive things are going on that we need to be paying attention to. Eric Lichtblau in the NYT reminds us of a huge one this morning:

Tucked deep into a recent proposal from the Bush administration is a provision that has received almost no public attention, yet in many ways captures one of President Bush’s defining legacies: an affirmation that the United States is still at war with Al Qaeda.
…
The language, part of a proposal for hearing legal appeals from detainees at the United States naval base at Guantánamo Bay, Cuba, goes beyond political symbolism. Echoing a measure that Congress passed just days after the Sept. 11 attacks, it carries significant legal and public policy implications for Mr. Bush, and potentially his successor, to claim the imprimatur of Congress to use the tools of war, including detention, interrogation and surveillance, against the enemy, legal and political analysts say.
…
The proposal is also the latest step that the administration, in its waning months, has taken to make permanent important aspects of its “long war” against terrorism. From a new wiretapping law approved by Congress to a rewriting of intelligence procedures and F.B.I. investigative techniques, the administration is moving to institutionalize by law, regulation or order a wide variety of antiterrorism tactics. (Emphasis added)

In all the flurry and bustle of the conventions and Palin, not to mention back to school and Labor Day weekend for the nation, this could be lost in the flow. It must not be. This provision has all the potential implications, problems, Read more →

Share this entry

We Have Met The WMD Terrorists, And They Are US

/in , , , /by

Well, here comes a new entry in the Captain Renault "I am shocked, shocked to hear of this" file. It turns out that Jose Rodriquez and the CIA are not the only ones that Cheney and Bush have ordered to destroy critical material evidence the subject of investigations into international terror cases. Nope; of course not. They have put their grubby little thumbs to the screws on the Swiss as well. From the startling new reporting in today’s New York Times:

The president of Switzerland stepped to a podium in Bern last May and read a statement confirming rumors that had swirled through the capital for months. The government, he acknowledged, had indeed destroyed a huge trove of computer files and other material documenting the business dealings of a family of Swiss engineers suspected of helping smuggle nuclear technology to Libya and Iran.

The files were of particular interest not only to Swiss prosecutors but to international atomic inspectors working to unwind the activities of Abdul Qadeer Khan, the Pakistani bomb pioneer-turned-nuclear black marketeer. The Swiss engineers, Friedrich Tinner and his two sons, were accused of having deep associations with Dr. Khan, acting as middlemen in his dealings with rogue nations seeking nuclear equipment and expertise.
…
The United States had urged that the files be destroyed, according to interviews with five current and former Bush administration officials. The purpose, the officials said, was less to thwart terrorists than to hide evidence of a clandestine relationship between the Tinners and the C.I.A.
…
Yet even as American officials describe the relationship as a major intelligence coup, compromises were made. Officials say the C.I.A. feared that a trial would not just reveal the Tinners’ relationship with the United States — and perhaps raise questions about American dealings with atomic smugglers — but would also imperil efforts to recruit new spies at a time of grave concern over Iran’s nuclear program.

So the prosecution and trial of the Tinner group, and related avenues into the depths of the spiderweb of influence and dealings of AQ Khan is lost. Good thing that our good allies against terror, the Pakistanis, have their thumbs on AQ Khan and are getting to the bottom of how Khan’s "rogue" network was able to operate. Eh, not so much. Now, we know that in the Bush Administration, all policy and interaction with Pakistan begins and ends with Dick Cheney. Kind of Read more →

Share this entry

The Strange Case of Hiwa Abdul Rahman Rashul (Part 2)

/in , , , /by

In part 1, I laid out the facts surrounding the detention and illegal transfer of Hiwa Abdul Rahman Rashul. In this post, I want to demonstrate why this case matters. There is a pattern to the Bush/Cheney Administration’s illegal usurpation of executive power. Because the pattern broke down in this case, the strategy behind that power grab is laid bare. The struggle within the administration over the disposition of Rashul and the way it was resolved helps to illuminate the true nature of the current regime. Perhaps this case creates an opening to unravel the authoritarian infrastructure that has been built within our country in the last eight years.

Part 2: Why it matters

In the grand scheme of things, focusing on this case might seem a little like busting Al Capone for tax evasion. The Bush/Cheney Administration has institutionalized the most egregious extralegal executive abuses in our nation’s history. As matters of policy, they’ve launched a war of aggression under false pretenses, violated the most basic human right treaties, trashed the Fourth Amendment, denied the right of habeas corpus to citizens and non-citizens alike, set up secret prisons, disappeared their presumed opponents around the world, tortured the innocent and presumed guilty alike, conducted sham military tribunals against the underage and the mentally ill, and, worst of all, claimed the power to indefinitely detain anyone in the world, including U.S. citizens, without any external check whatsoever. And that’s just the stuff they have admitted to.

If we want to undo all this, and I very much do, we’ll have understand how they were able to accomplish it. I’m not going to rehash the sociopolitical environmental conditions that the administration took advantage of. Folks here understand that the generalized fear and anger after the attacks of September 11, 2001, the fecklessness of the Democratic party, the docile and compliant traditional media, the tight discipline within the Republican party, and the latent authoritarian impulses of a sizeable minority of the country created the necessary conditions for what happened. I want to focus on how the administration manipulated secrecy, its own people’s psychology, and the instinct for institutional self-preservation to manage a shifting set of narratives that allowed them to follow a deliberate strategy of expanding executive power and upsetting the constitutional balance of government while evading responsibility and steam-rolling all opposition. Then, I hope to show how this case exposes some chinks in the rather substantial armor of these malefactors. Read more →

Share this entry

The Strange Case of Hiwa Abdul Rahman Rashul (Part 1)

/in , , , /by

[Today Emptywheel has a special treat in the form of a guest post from one of our very longtime commenters, William Ockham. Marcy alluded to this right before she left. WO really drilled deep into this story and has produced a great article. As the title suggests, there will also be a Part II that will delve into the implications. Give WO some love and participation in comments, and in light of the special nature of this post, please stay on topic for this one; if there are other issues, please feel free to use the previous post on the Bates Contempt Decision for those. Thank you. – bmaz]

In June 2004, Hiwa Abdul Rahman Rashul had his 15 minutes of fame when Secretary of Defense Donald Rumsfeld answered questions at a press conference about the detainee known to American soldiers only as Triple X, the first ghost detainee transferred from CIA custody to the U.S. military. Rashul was suspected of being a member of Ansar al-Islam, a violent Kurdish Sunni Islamist movement opposed to the dominant Kurdish groups of northeastern Iraq. The real story of Hiwa Abdul Rahman Rashul wasn’t his terrorist past or his time as a ghost detainee of the DOD, but his treatment by the CIA in between.

Part 1: Did the DOJ cover up what its own OLC ruled was a war crime committed by the CIA?

The Office of Legal Counsel in the Bush Administration’s Department of Justice has had a notoriously broad view of the Executive Branch’s ability to define our obligations under the Geneva Conventions. But if the OLC under Goldsmith and Bradbury decided that the CIA had engaged in a grave breach of the Geneva Conventions (and even John Yoo agreed), and the CIA OIG had made a criminal referral to the DOJ, wouldn’t you expect a prosecution? Recently released CIA documents suggest that such a referral was made, but no prosecution occurred. Perhaps the very public complicity of Donald Rumsfeld, Alberto Gonzales, and George Tenet played a role in the decision not to prosecute. But I’m getting ahead of myself. First, I want to make it clear that I’m using the term ‘war crime’ in the very narrow sense of a violation of U.S.C. § 2441.

The Crime

Return with me now to those thrilling days of yester-year, that is, the summer of 2003. Dana Priest (in a story from October 2004) and Jane Mayer (The Dark Side) are our narrators. Mayer’s account (in bold) appears to derive directly from Jack Goldsmith:

Read more →

Share this entry

Kill Game: The Path Of Destruction From The Amerithrax Investigation

/in , , , , /by

"Have you no sense of decency, … at long last? Have you left no sense of decency?" These prophetic words were spoken on June 9, 1954 by Joseph Welch, attorney for the United States Army, at the nadir of the shameful McCarthy hearings. It was a time of scurrilous persecution of all numbers and types of fellow humans, based mostly on sheer rumor, innuendo and manufactured evidence. The acts of a United States Government drenched in it’s own fears, drunk of it’s own hubris and looking for political scapegoats.

The result was an everlasting shame carried by a generation of Americans. To this day, the methods and tactics of the red baiting McCarthy investigators, and the hell they wrought on the ostracized and disavantaged targets, not to mention the devastation to their families, is taught to our children as a seminal lesson of the dark, malignant growth that can consume the American ethos when fear, ambition, unitary power and political malevolence intersect unchecked and unbalanced in the halls of power in Washington DC. It is a tragic intersection that seeks a target of convenience and finds it.

And so we advance fifty years to find our dark history repeating itself in the Amerithrax case. Once again we find a unified and unchecked power in the government fueled by, and fueling, fear and trolling for a target of convenience to scapegoat. This is now incontrovertible.

Sunday’s New York Times has an extended article, by William Broad and Scott Shane, on the hell that our Government hath wrought upon it’s citizenry in the Amerithrax investigation. It is chilling.

But along the way, scores of [individuals] — terrorists, foreigners, academic researchers, biowarfare specialists and an elite group of Army scientists working behind high fences and barbed wire — drew the interest of the investigators. For some of them the cost was high: lost jobs, canceled visas, broken marriages, frayed friendships.
…
The bureau began looking at biodefense insiders like Mr. Mikesell, an anthrax specialist who had worked in the 1980s and 1990s with Dr. Ivins at the Army Medical Research Institute of Infectious Diseases at Fort Detrick, in Frederick. He had then joined Battelle, a military contractor in Columbus, Ohio, that became deeply involved in secret federal research on biological weapons.

In 2002, Mr. Mikesell came under F.B.I. scrutiny, officials familiar with the case said. He began drinking heavily — a fifth of hard liquor a day toward the end, a family member said.

“It was a shock that all of a sudden he’s a raging alcoholic,” recalled the relative, who spoke on the condition of anonymity because of family sensitivities.

By late October 2002, Mr. Mikesell, 54, was dead, his short obituary in The Columbus Dispatch making no mention of his work with anthrax or the investigation.
…
Another casualty was Kenneth M. Berry, an emergency room physician with a strong interest in bioterrorism threats. In August 2004, agents raided his colonial-style home and his former apartment in Wellsville, a village in western New York, as well as his parents’ beach house on the Jersey Shore.

In scenes replayed for days on local television stations, the authorities cordoned off streets as agents in protective suits emerged from the dwellings with computers and bags of papers, mail and books.

“He was devastated,” Dr. Berry’s lawyer at the time, Clifford E. Lazzaro, said in an interview. “They destroyed his marriage and destroyed him professionally for a time.”

The government has unequivocally admitted that it wrongfully targeted an individual, Steven Hatfill, for a period of six years with little to no basis in fact or evidence to do so. The result of that "most complex criminal case in bureau [FBI] history", and dedicated certainty by the Bush Department of Justice for six years, has been a lawsuit brought by Hatfill, a settlement with Hatfill, humiliation of the DOJ and, finally, a complete exoneration of Hatfill.

It is pretty clear that Hatfill would, in spite of all the evidence, still be the target of this persecution had he not fought back doggedly with every ounce of his being. The government relentlessly tried to get his civil case dismissed and to hide the ball. As with another infamous case of Bush Administration subterfuge, if not for the honesty and spine for justice on the part of Judge Reggie Walton, Hatfill would still be Read more →

Share this entry

Cheney and Your 3 Ounce Shampoo Bottles

/in /by

Remember Rashid Rauf? Because of him (and Dick Cheney, as I explain below), you’ve got to either try to squeeze your Tom’s of Maine down into 3 ounce tubes or use crappy sugar-sweet toothpaste when you travel.

Rauf is the Pakistani who was kibbitzing a bunch of British wannabe terrorists without passports, teaching them how to make bombs out of liquids in airplane bathrooms.

The story around Rauf’s arrest (and the subsequent fear-mongering about the purported plot) was always sketchy. As I wrote in 2006, news reports basically said he got arrested, without explaining how or by whom.

Here’s me reading the MSNBC scoop about the US launching the arrests before the Brits were ready:

Americans pushed the Brits to do two things they didn’t want to do. First, they pushed the Brits to arrest Rashid Rauf before they wanted to.

The British official said the Americans also argued over the timing of the arrest of suspected ringleader Rashid Rauf in Pakistan, warning that if he was not taken into custody immediately, the U.S. would "render" him or pressure the Pakistani government to arrest him.

British security was concerned that Rauf be taken into custody "in circumstances where there was due process," according to the official, so that he could be tried in British courts. Ultimately, this official says, Rauf was arrested over the objections of the British.

This passage is actually quite interesting. The US wanted Rauf arrested. The Brits wanted to wait–they wanted to wait until they could arrest Rauf in such a way that he could be tried in the UK. The US threatened to render him. The Brits tried to hold out, so they could prosecute him legally. And then … that’s where the article is less clear. Was Rauf arrested using due process? Will Rauf be a defendant and witness in the UK? Or did the US snatch him, making him useless for a legal prosecution and possibly endangering the larger case in the UK?

So to put Murray and MSNBC together, the US wanted Rauf arrested right away. The Brits wanted to wait so they could use due process. The US threatened to "render" Rauf. The Brits complained.

And then he got arrested.

But by whom, and in what way? As I suggested before, the MSNBC article just drops the whole question, making it clear that the US won that battle, somehow. But it doesn’t explain–was he rendered? Did the US force Pakistan to arrest him? Where is he now? Who has custody?

Read more →

Share this entry

Bioterrorism on a Grassy Knoll

/in /by

Joe Persichini, the Assistant Director of the DC FBI Field Office said of Bruce Ivins yesterday, "It appears, based on the evidence, that he was acting alone."

Yet he and DC US Attorney Jeff Taylor seem painfully aware that their evidence doesn’t add up to a compelling case. In particular, Taylor and Persichini dodged and weaved whenever asked about any hard evidence that tied Bruce Ivins to the mailing–rather than just the production–of the anthrax.

For example, Taylor made an incredibly misleading statement to suggest that the envelopes used in the attack were only available in Frederick Maryland. He claimed that,  "based on the analysis, we were able to conclude that the envelopes used in the mailings were very likely sold in a post office in the Frederick, MD post office in 2001." He continued to say that Ivins maintained a PO Box "at the post office from which these pre-franked envelopes were sold."

But the truth is that Frederick Maryland is just one of hundreds of post offices at which those envelopes would have been available:

Subsequent to the attacks, an effort was made to collect all such envelopes for possible forensic examination, including the identification of defects that occur during the envelope manufacturing process. As a result of this collection, envelopes with printing defects identical to printing defects identified on the envelopes utilized in the anthrax attacks during the fall of 2001 were collected fiom the Fairfax Main post office in Fairfax, Virginia and the Cumberland and Elkton post offices in Maryland. The Fairfax Main, Cumberland, Maryland, and Elkton, Maryland post offices are supplied by the Dulles Stamp Distribution Office (SDO), located in Dulles, Virginia. The Dulles SDO distributed "federal eagle" envelopes to post offices throughout Maryland and Virginia. Given that the printing defects identified on the envelopes used in the attacks are transient, thereby being present on only a small population of the federal eagle envelopes produced, and that envelopes with identical printing defects to those identified on the envelopes used in the attacks were recovered fiom post offices serviced by the Dulles SDO, it is reasonable to conclude that the federal eagle envelopes utilized in the attacks were purchased from a post office in Maryland or Virginia. [my emphasis]

Read more →

Share this entry

Ivins and the Anthrax Investigation

/in /by

As I showed in this post, the claim that Iraq was responsible for the anthrax attack developed in two phases. First, after the first and less lethal round of attacks, Neocons spread the story that Iraq had supplied anthrax to Al Qaeda. Then, after the more lethal attacks associated with the letters to Daschle and Leahy, ABC News reported that Ft. Detrick scientists had found bentonite in the anthrax samples.

In comments, I suggested that it was possible the first round of accusations were just typical Neocon war-mongering, but that the second round was the culprit, playing on the Neocon attacks, inventing the bentonite claim as an alibi. In other words, after the attacks started killing people, the culprit may have spread the claim that the anthrax had to have come from Iraq as a way of throwing suspicion off him or his colleagues.

A couple of longer articles on Ivins make it clear that he was in a position to spread such disinformation. For example, the WaPo reports that Ivins was one of the scientists analyzing the anthrax for the FBI.

His expertise eventually earned him a front-row seat for the FBI’s investigation, as he was called upon to help the bureau with its analysis of the wispy powder used in the attacks.

[snip]

After the anthrax mailings in October 2001, the Fort Detrick labs went into a frenetic response, testing suspicious mail and packages virtually round-the-clock. Ivins was part of a team that analyzed the handwritten letter sent to Daschle, packed with Bacillus anthracis spores that matched the primary strain used in Fort Detrick research.

Creepier still, the WaPo reports that Ivins volunteered for the Red Cross as it supported FBI agents investigating Stephen Hatfil.

In fact, in early June 2003, when the FBI drained a pond in rural Maryland in search of clues to the perpetrator of the anthrax attacks, Ivins was one of the Red Cross volunteers who brought investigators coffee and donuts. Investigators, however, singled him out and asked him to leave "because he was somebody involved in the investigation," said Byrne, Ivins’s former colleague and fellow parishioner.

None of this, of course, means that Ivins was the killer–nor that he acted alone. Read more →

Share this entry

Who First Spread the Iraqi Anthrax Claim?

/in /by

Glenn’s asking some important questions about the anthrax story–mostly about who started the rumor in October 2001 that the anthrax might be from Iraq?

During the last week of October, 2001, ABC News, led by Brian Ross, continuously trumpeted the claim as their top news story that government tests conducted on the anthrax — tests conducted at Ft. Detrick — revealed that the anthrax sent to Daschele contained the chemical additive known as bentonite.

As Glenn points out, those early ABC stories seem to point back to a Ft. Detrick source–which is where Bruce Ivins worked. In other words, Glenn suggests, the report that Iraq was responsible was probably sourced back to government researchers in the same lab where–news reports allege–the chief suspect for the anthrax terrorism worked. This raises the specter of researchers carrying out the attack to lay the ground-work for the Iraq War.

But the ABC News story Glenn cites was not, apparently, the first allegation that the anthrax came from Iraq. RawStory reports that the story first appeared in the Guardian, followed quickly by a story in the WSJ editorial page, then in a Richard Butler comment on CNN.

RAW STORY has found that, although there had been active online speculation about an Iraqi source for the anthrax by the first week of October, the first suggestion that official investigations were focusing on that nation appears to have come in an article published in the Guardian on October 14.

[snip]

The next day, the Wall Street Journal picked up the story, but without the Guardian’s skepticism, suggesting that the most likely suspect was al Qaeda using supplies obtained from Iraq.

[snip]

On the same day, CNN quoted former UN weapons inspector Richard Butler as saying, "What we’ve got to be certain about above all is whether it came from a country supporting these terrorists as a matter of policy, such as Iraq, which we know has made this stuff. And there’s a credible report, not fully verified, that they may indeed have given anthrax to exactly the group that did the World Trade Center. … It’s possible that many months ago anthrax, a small quantity of it, was handed over in Prague to Mohamed Atta … and the person who handed it over in Prague was an Iraqi."

Read more →

Share this entry