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67. Eric Lichtblau, “Material Given to Congress in 2004 Is Now Classi¬ed,”
New York Times, May 20, 2004, 18.
68. “It is wrong. It is against the law. It costs the lives of Americans.” Donald
Rumsfeld, Memorandum on the Impact of Leaking Classi¬ed Information
(Washington, DC: Of¬ce of the Secretary of Defense, 2002).
69. United States Department of Justice, Task Force Report on Unautho-
rized Disclosure of Classi¬ed Information (Washington, DC: Department
of Justice, 2002).
70. David Cole, Enemy Aliens: Double Standards and Constitutional Freedoms
in the War on Terrorism (New York: The New Press, 2003), 25.
71. The Department successfully fought a legal challenge to its denial brought
by a coalition of nineteen advocacy groups. The United States District
Court for the District of Columbia overruled the Justice Department
and ordered release of the requested information, but this decision was
reversed on appeal. See Center for National Security Studies v. U.S. Depart-
ment of Justice, D.C.C.A., June 17, 2003. In January 2003, the United States
Supreme Court refused to hear a further appeal. The Justice Department
also barred state and local governments from releasing information about
detainees held under contract in their facilities.
72. Cole, Enemy Aliens, 26“28.
73. Mark Mazetti et al., “Inside the Iraq Prison Scandal,” U.S. News and World
Report, May 24, 2004, 18“22. In early 2004, there were about twenty facil-
ities in Afghanistan alone.
74. Reed Brody, “What About the Other Secret U.S. Prisons?” International
Herald Tribune, May 4, 2004, 8.
75. For a critical assessment of the Defense Department™s February 2004 plan
for the operation of military tribunals at Guantanamo, see Human Rights
First, Trials under Military Order: A Guide to the Final Rules for Military
Commissions (New York: Human Rights First, 2004).
76. Rasul et al. v. Bush, President of the United States, et al, United States
Supreme Court, decided June 28, 2004.
77. John Hendren and Mark Mazzetti, “Proposal to Keep Some Prisoners ˜Off
the Books™ Went against Promises for Yearly Case Reviews,” Los Angeles
Times, July 9, 2004.
78. Joint Inquiry, Report of the Joint Inquiry into Intelligence Community Activ-
ities before and after the Terrorist Attacks of September 11, 2001.


255
Notes to Pages 67“68


79. Michael Isikoff and Mark Hosenhall, “The Secrets of September 11,”
Newsweek, April 30, 2003.
80. David Johnston and Douglas Jehl, “Bush Refuses to Declassify Saudi Sec-
tion of Report,” New York Times, July 30, 2003, 1.
81. Senators McCain and Lieberman ¬rst introduced legislation to establish
an independent commission in December 2001. The commission was
established in November 2002. Generally, see Steven Strasser and Craig
R. Whitney, The 9/11 Investigations, 1st ed., PublicAffairs Reports (New
York: PublicAffairs, 2004).
82. Philip Shenon, “Bush, in Reversal, Supports More Time for 911 Inquiry,”
New York Times, February 5, 2004, 21.
83. T. Christian Miller, “Panel Presses Rice to Testify,” Los Angeles Times,
March 29, 2004, 1.
84. President Bush relented in February 2004.
85. Eric Lichtblau, “911 Report Cites Many Warnings About Hijackers,” New
York Times, February 10, 2005, A1.
86. Bob Woodward, Plan of Attack (New York: Simon and Schuster, 2004).
The allegation is further discussed by Cass Sunstein in The Secret
$700 Million April 22, 2004 [Accessed July 8, 2004]), available from
http://www.salon.com/opinion/feature/2004/04/22/700million/.
87. Fallows, “Blind into Baghdad.” Deputy Secretary of Defense Paul
Wolfowitz publicly attacked the “outlandish” view of likely post-war
obligations offered by Army Chief of Staff Eric Shinseki in February
2003. According to Fallows, Shinseki™s “uncooperative attitude” made him
the target of several “calculated insults” by Secretary Rumsfeld. Senior
of¬cers later said that the treatment of Shinseki exempli¬ed the atti-
tude toward public dissent held by the department™s civilian leadership:
Thomas Ricks, “Dissension Grows in Senior Ranks on War Strategy,”
Washington Post, May 9, 2004, A1.
88. Elizabeth Drew, “Bush: The Dream Campaign,” New York Review of Books,
June 10, 2004, 23“26, 24.
89. A critical assessment of the Bush administration™s behavior before the
war is provided by John Prados in Hoodwinked, 19“110.
90. Walter Pincus, “Intelligence Report for Iraq War Was ˜Hastily Done™,”
Washington Post, October 24, 2003, A18.
91. Cirincione, Mathews, and Perkovich, WMD in Iraq: Evidence and Impli-
cations, 16“17.
92. All of the committee™s rationale for conclusions regarding the discussion
paper has been withheld on national security grounds. See Senate Intel-
ligence Committee, Report on the U.S. Intelligence Community™s Prewar
Intelligence Assessments on Iraq, 295“297.
93. New York Times, “Lott Seeks Oversight of Classi¬ed Data,” July 11,
2004.
94. Douglas Jehl and Neil Lewis, “U.S. Disputed Protected Status of Iraq
Inmates,” New York Times, May 23, 2004. In May 2004, General Janis
Karpinski testi¬ed that military intelligence of¬cers went “to great lengths
to try to exclude the ICRC from access” to the interrogation wing of the


256
Notes to Pages 68“70


Abu Ghraib prison: Philip Shenon, “Of¬cer Suggests Iraqi Jail Abuse
Was Encouraged,” New York Times, May 2, 2004, 1.
95. Taguba, Article 15“6 Investigation of the 800th Military Police Brigade,
Finding 33.
96. Dana Priest and Bradley Graham, “U.S. Struggled over How Far To Push
Tactics,” Washington Post, June 24, 2004, A1.
97. Elise Ackerman, “Policy Let U.S. Hold Detainees in Secret, Military Of¬-
cers Say,” Knight Ridder/Tribune News Service, September 8, 2004.
98. Army Field Manual FM 34“52 (Intelligence Interrogation, Revision of
May 8, 1987) states that “the use of force, mental torture, threats, insults,
or exposure to unpleasant and inhumane treatment of any kind is pro-
hibited by law and is neither authorized nor condoned by the U.S.
government.”
99. It was later learned that Secretary Rumsfeld had approved new rules
for Guantanamo detainees on December 2, 2002. The rules were con-
´
tained in a memorandum classi¬ed as SECRET/NOFORN. Revised rules
were contained in an April 16, 2003, memorandum from Rumsfeld
that was also classi¬ed as SECRET/NOFORN on his authority. Accord-
ing to the Washington Post, interrogation rules for Iraqi detainees that
followed Rumsfeld™s directions were contained in a classi¬ed memo-
randum signed by Lt. Gen. Ricardo Sanchez, the U.S. commander in
Iraq, on September 12, 2003: Washington Post, “A Partial Disclosure,”
Washington Post, June 24, 2004, A24.
100. Washington Post, “Unanswered Questions,” Washington Post, July 11,
2004, B6.
101. Reporters™ Committee for Freedom of the Press, Homefront Con¬dential,
Fourth Edition (Washington, DC: Reporters™ Committee for Freedom of
the Press, 2003), 1.
102. Dean, Worse than Watergate, 1.
103. Arthur M. Schlesinger, Jr., War and the American Presidency, 1st ed. (New
York: W. W. Norton, 2004), 61.
104. I noted these ten major statutes earlier in this chapter. The series began
with the Federal Advisory Committee Act of 1972 and ended with the
General Accounting Of¬ce Act of 1980.
105. A 1978 Washington Post editorial praised the new law for creating an
“impartial arbitrator” to oversee the executive branch. It noted that the
bill had the support of “many of [the intelligence agencies™] most persis-
tent critics”: Washington Post, “National Security Wiretaps,” September
6, 1978, A14.
106. Monica McCullough, The “Secret” Foreign Intelligence Surveillance Court:
Exaggerated Concern and Transparency Rhetoric, Unpublished paper
(Syracuse: Maxwell School, 2003), 1. A critique of weaknesses in the over-
sight mechanisms provided by FISA is also provided by Paul T. Jaeger,
J. C. Bertot, and C. R. McClure, “The Impact of the USA Patriot Act on
Collection and Analysis of Personal Information under the Foreign Intel-
ligence Surveillance Act,” Government Information Quarterly 20 (2003):
295“314.


257
Notes to Pages 71“74


107. The American Civil Liberties Union and the National Emergency Civil
Liberties Committee. A group of congressmen also ¬led an amicus brief.
108. Eric Lichtblau, “Whistle-Blowing Said To Be Factor in FBI Firing,” New
York Times, July 29, 2004, 1. Although details of the report were leaked
in July 2004, an unclassi¬ed summary of the report did not become
available until January 2005.
109. National Security Archive, The Ashcroft Memo: “Drastic Change” or “More
Thunder than Lightning”? (Washington, DC: National Security Archive,
2003).
110. Blaine Harden and Dana Milbank, “Photos of Soldiers™ Cof¬ns Revive
Controversy,” Washington Post, 2004, A10.
111. The documents, and NDRC™s analysis, are located at http://www.nrdc.
org/media/pressreleases/040401.asp.
112. Center for Public Integrity, U.S. Contractors Reap the Windfalls of
Post-War Reconstruction (Washington, DC: Center for Public Integrity,
2003).
113. Electronic Privacy Information Center, EPIC Celebrates International
Right To Know Day (Washington, DC: Electronic Privacy Information
Center, 2004).
114. Dan Eggen and Susan Schmidt, “Data Shows Different Spy Game since
911,” Washington Post, May 1, 2004, A1.
115. Dan Eggen and Susan Schmidt, “Secret Court Rebuffs Ashcroft,”
Washington Post, August 23, 2002, A1.
116. The controversy is described in In Re: Sealed Case No™s 02“001 and 02“
002, 310 F.3d 717 (FISA Court of Review, 2002).
117. For example: Washington Post, “Chipping Away at Liberty,” November
19, 2002, A24.
118. Ellsberg began on October 1, 1969, and ¬nished in mid-November. “The
nightly routine” consisted of taking a briefcase of papers from RAND
late in the evening, copying them until the next morning, sleeping until
the early afternoon, then returning to work. Ellsberg, Secrets, 328.
119. David Sanger, “Discipline Takes a Break at the White House,” New York
Times, May 30, 2004, 1. The documents were collected as part of a Trea-
sury Department archiving process in which the Secretary™s records were
routinely converted into digital form.
120. Ellsberg, Secrets, 295, 365, 373 and 387. The Nixon administration™s
request for a restraining order was subsequently extended to the
Washington Post when it also published excerpts of the paper.
121. http://thepriceo¬‚oyalty.ronsuskind.com/thebush¬les/.
122. http://www.thememoryhole.org/war/cof¬n photos/dover/.
123. Michael Weisskopf, “Reporter™s Notebook,” Time, June 3, 2002, 6.
124. Richard A. Clarke, Against All Enemies: Inside America™s War on Terror
(New York: Free Press, 2004).
125. Dana Milbank and Mike Allen, “White House Counters Ex-Aide,”
Washington Post, March 23, 2004, A1.
126. Miller, “Panel Presses Rice To Testify.”



258
Notes to Pages 74“77


127. Alberto Gonzales, Letter to the National Commission on Terrorist Attacks
Upon the United States (Washington, DC: Executive Of¬ce of the Presi-
dent, 2004).
128. Douglas Jehl, “In a Few Words, Many Clues to CIA™s Working Method,”
New York Times, April 12, 2004, A12. For a contrary view of the PDB™s sig-
ni¬cance, see Thomas Blanton, “Who™s Afraid of the PDB?” Slate, March
22, 2004.
129. Edward Alden, “Bush Close to Releasing Secret Brie¬ng,” Financial
Times, April 10, 2004, 7.
130. Dan Eggen, “911 Panel To Have Rare Glimpse of Presidential Brie¬ngs,”
Washington Post, November 16, 2003, A9.
131. Eric Lichtblau and David Sanger, “August ™01 Brief Is Said To Warn of
Attack Plans,” New York Times, April 10, 2004, 1.
132. Of¬ce of the Press Secretary, Background Brie¬ng Via Conference Call on
the President™s PDB of August 6, 2001 (Washington, DC: Executive Of¬ce
of the President, 2004).
133. Lydia Polgreen, “Families Savor Their Victory over Grief and a Reluctant
Government,” New York Times, July 23, 2004, 11.
134. National Commission On Terrorist Attacks Upon the United States,
Final Report. The new revelations were summarized by Philip Shenon,
Douglas Jehl, and David Johnston, “Correcting the Record on Sept. 11,
in Great Detail,” New York Times, July 25, 2004, 1.
135. Joseph Wilson, “What I Didn™t Find in Africa,” New York Times, July 6,
2003, 9.
136. James Risen and David Sanger, “CIA Chief To Face Panel on Dubious
Iraq Arms Data,” New York Times, July 16, 2003, 10.
137. See Prados, Hoodwinked; Cirincione, Mathews, and Perkovich, WMD in
Iraq: Evidence and Implications.
138. http://thepriceo¬‚oyalty.ronsuskind.com/thebush¬les/archives/000067.
html.
139. Steven Weisman, “Airing of Powell™s Misgivings Tests Ties in the
Cabinet,” New York Times, April 19, 2004, 1.
140. The Boston Phoenix subsequently reported that the author was Michael
Scheuer, a twenty-year veteran of the CIA who had been deeply involved
in its efforts against al Qaeda. The CIA had required that Scheuer publish
his book anonymously: Jason Vest, “The Secret History of Anonymous,”
Boston Phoenix, July 2“8, 2004.
141. Tommy Franks, American Soldier (New York: Regan Books, 2004),
362.
142. Raymond Bonner, Don Van Natta, Jr., and Amy Waldham, “Questioning
Terror Suspects in a Dark and Surreal World,” New York Times, March
9, 2003, 1.
143. Neil Lewis and Eric Schmitt, “Lawyers Decided Bans on Torture Didn™t
Bind Bush,” New York Times, June 8, 2004, 1.
144. Jess Bravin, “Pentagon Report Set Framework for Use of Torture,” Wall
Street Journal, June 7, 2004, A1.



259
Notes to Pages 77“83


145. Lewis and Schmitt, “Lawyers Decided Bans on Torture Didn™t Bind
Bush”; Dana Priest and R. Jeffrey Smith, “Memo Offered Justi¬cation
for Use of Torture,” Washington Post, June 8, 2004, A1.
146. Richard Serrano, “Prison Interrogators™s Gloves Came Off before Abu
Ghraib,” Los Angeles Times, June 9, 2004, 1.
147. Of¬ce of the Press Secretary, Press Brie¬ng by White House Counsel Judge
Alberto Gonzales, DoD General Counsel William Haynes, DoD Deputy Gen-
eral Counsel Daniel Dell™orto and Army Deputy Chief of Staff for Intelligence
General Keith Alexander (Washington, DC: Executive Of¬ce of the Pres-
ident, 2004), Scott Lindlaw, “White House Plans To Release Large File
of Documents on Deliberations Leading to Interrogation Tactics,” Asso-
ciated Press, June 22, 2004.
148. Osha Gray Davidson, “The Secret File of Abu Ghraib,” Rolling Stone,
August 19, 2004, 48.
149. Richard Serrano and Greg Miller, “Documents Provide More Details

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