Leading to Iraq: High crimes and misdemeanors. January 18, 2002, through January 25, 2002.
The push to Iraq, uninterrupted by the holiday
season, continues throughout winter and spring, from the very beginning of 2002,
and will last the entire calendar year.
January, 2002:
Jan. 18, 2002 – President Bush determines that
captured Talibani and Al Qaeda are not protected by the Geneva POW Convention.
Jan. 19, 2002 – Secretary of Defense Donald
Rumsfeld issues
a memorandum ordering the Chairman of the Joint Chiefs of Staff to inform
combat commanders that “Al Qaeda and Taliban individuals . . . are not entitled
to prisoner of war status for purposes of the Geneva Conventions of 1949.”
Jan. 22, 2002 – The Office of Legal Counsel issues
a memorandum from Jay S. Bybee for Alberto R. Gonzales, Counsel to the
President, and William J. Haynes II, General Counsel of the Department of
Defense, Re: Application of Treaties and Laws to al Qaeda and Taliban
Detainees. This Bybee memo reinforces the Yoo-Delahunty memo. One effect of the
memos is to make it more difficult to pierce the administrative veil to
investigate mistakes and abuses in the terrorist dragnet.
Cumulatively these memos will contribute later to abuses
at the infamous Abu Ghraib prison in Iraq, further inflaming distrust and
resentment of the U.S. there and throughout the Middle East. At home, the memos may
constitute red meat for some sectors of the president’s political base; their
effect abroad, aside from the harm done to detainees innocent of terrorism, is
mostly gasoline on the flames.
Another effect of the memos is to
help conceal mistakes or abuses in the terrorist dragnet. Most detainees are
later cleared, often after years of delay, and are returned to their home
countries.
Jan. 22, 2002 – Deputy Secretary of Defense Paul Wolfowitz
sends a memo to Douglas Feith, fishing for a link between Saddam Hussein and al
Qaeda: “SUBJECT: Iraq Connections to Al Qaida”:
“We don’t seem to be making much progress pulling
together intelligence on links between Iraq and Al Qaida.
We owe SecDef some analysis of this subject. Please give
me a recommendation on how best to proceed. Appreciate the short turn-around.
Thanks.”
Jan.
23, 2002
– President Bush sends another
Iraq letter to Congress, again in absence of a crisis:
“Text of a Letter from the
President to the Speaker of the House of Representatives and the President Pro
Tempore of the Senate
January
23, 2002
Dear Mr. Speaker: (Dear Mr.
President:)
Consistent with the Authorization
for Use of Military Force Against Iraq Resolution (Public Law 102-1) and as
part of my effort to keep the Congress fully informed, I am providing a report
prepared by my Administration on the status of efforts to obtain Iraq's compliance with the
resolutions adopted by the United Nations Security Council. The last report,
consistent with Public Law 102-1, was transmitted on October
11, 2001.
Sincerely, GEORGE W. BUSH”
Jan. 23, 2002 – Wall Street Journal
reporter Daniel Pearl disappears in Pakistan. Speculation is that Pearl has been trying to follow up
connections between the Pakistani government, particularly the Inter-Services
Intelligence (Pakistan’s intelligence service, or ISI),
and terrorism.
Jan. 24, 2002 – Peter Rodman, Assistant
Secretary of Defense for International Security Affairs, sends a memo to Deputy
Secretary of Defense Paul Wolfowitz in response to a Wolfowitz inquiry about
links between Saddam Hussein and terrorists. The response is wishful:
“So far, we have discovered few direct links. However, we
have uncovered evidence suggesting more robust indirect links. This is not
surprising given the denial and concealment strategies employed by Saddam’s
intelligence service.”
At this
stage in early 2002, Bush, Cheney and Rumsfeld are particularly eager to have
one of their big three allegations against Saddam pan out – the alleged link
with Islamist guerrillas, ‘al Qaeda’ if possible, anyone else in a pinch; the
alleged use of aluminum tubes for missile development; and/or the alleged
purchase of uranium from Niger. Some of this heightened interest in finding
allegations that will stick is probably preparation for the coming
mini-campaign against Iraq on March 11, the six-month
anniversary of 9/11.
Jan. 25, 2002 -- White House Counsel Alberto
Gonzales sends a memo to President Bush regarding his presidential decision of
Jan.18. The legal advisor to Secretary of State Colin Powell has objected, but
Gonzales advises Bush that “there are reasonable grounds for you to conclude”
that the Geneva Convention “does not apply . . . to the conflict with the
Taliban.”