Torture Time Line Sept. 2001 - 2007

By Jordan Paust

1 Torture Time Line Sept. 2001 - 2007

Sept. 16, 2001 - Cheney admits the Bush Administration needs to walk on “the dark side” [book page 12]

Sept. 17, 2001 - reported Bush directive to secretly detain (a crime against humanity) and interrogate [book page 28]

Nov. 6, 2001 - Philbin memo to Gonzales re: trial of detainees for war crimes but denial of Geneva protections [book page 148 n.64]

starting in Dec. 2001 – senior lawyers meet for several months [fn 76]

late 2001 - secret Joint Personnel Recovery Agency (JPRA) memo warns against use of SERE tactics

2002 - Presidential finding signed by Bush, Rice, Ashcroft approved wb [fn 76 & book pages 28 & 179 n.19]

Jan. 9, 2002 - Yoo - Delahunty memo to Haynes supporting denial of Geneva law protections [book pages 9-11, 19-20, 29-30, 168 (memo was “either purposely dishonest or professionally inept”)]

Jan. 11, 2002 – first detainees arrive at GTMO

early Jan. 2002 – Yoo and others flew to GTMO [fn 80]

Jan. 14, 2002 - secret Yoo -Delahunty memo re: War Crimes Act’s application to interrogation

mid-Jan 2002 - lawyers meet in White House, consensus eludes group, Gonzales summarizes for Bush [fn 76]

Jan. 22, 2002 - Bybee (and Yoo?) memo to Gonzales and Haynes denying Geneva law – Bush says he accepted “the legal conclusion” of this memo in Feb. 7th memo [book page 146 n.60]

Jan. 24, 2002 - secret Yoo memo re: U.S. obligations under int’l law

Jan. 25, 2002 - Gonzales memo to Bush to deny Geneva law protections [book pages 5-6, 8-9, 144-45, 148, 176]

Jan. 26, 2002 - Powell memo to Gonzales and Ass’t to Pres. for Nat. Sec. Aff. re: Geneva law
Jan. 26, 2002 - secret Bybee memo re: options for interpreting the Geneva Conventions
Feb. 1, 2002 - Ashcroft letter to Bush seeking denial of Geneva protections [book page 7]
Feb. 2, 2002 - Taft memo to Gonzales [book pages 8, 146 n.58, 153 n.96]

early 2002 - meeting of Yoo, Gonzales, Addington, Flanigan, Haynes to discuss pain to inflict [fn 80]

Feb. 7, 2002 - Bush authorization to deny Geneva protections (cites Jan. 22 Bybee memo and Feb. 1 Ashcroft letter) [book pages 7-8, 28, 146-47, 176]

Feb. 26, 2002 - Bybee to Haynes re: potential domestic legal constraints re: use of info from coercive interrogation of detainees from Afghanistan [the torture papers book]

March 13, 2002 – Bybee to Haynes memo re: transfer of detainees to other countries [fn 97]

March 28, 2002 – Abu Zubaydah captured [Senate Intell Rpt]

April 2002 - CIA Gen. Counsel discussions with Legal Adv of NSC (Bellinger) on OLC re: CIA’s proposed interrogation plan for Abu Zubaydah, & Bellinger briefs Rice, , and Gonzales [Senate Intell Rpt]

April 2002 - Gonzales approves use of several tactics several times prior to Aug. Bybee memo [Ari Shapiro, NPR, May 20, 2009]

April 2002 - CIA videotapes detainee interrogations

mid-May 2002 - attys from CIA Gen. Counsel meet with AG Ashcroft, Rice, Bellinger, Gonzales and others to discuss particular tactics, including wb [Senate Intell Rpt]

subsequently – CIA Office of Gen. Counsel asks OLC [DOJ] for an opinion [Senate Intell Rpt]

July 2002 – Bybee meets with Yoo and Ashcroft to discuss SERE tactics [fn 86]

July 2002 - JPRA memo to Haynes warns against use of SERE tactics and that wb, etc. = “torture” [Wash. Post article, Apr. 25, 2009]

July 13, 2002 - att’ys from CIA Gen. Counsel Off. meet with Bellinger, possibly Yoo (a Deputy Ass’t AG from OLC), Gonzales, others to “provide an overview of the proposed interrogation plan for Abu Zubaydah” [Senate Intell Rpt] [book page 28; see also book page 158 n.89 (meetings of Gonzales, Haynes, Addington re: wb and other unlawful tactics)]

July 17, 2002 - Rice “conveyed” the “policy authorization” of Bush to use wb if OLC will write opinion to approve [Senate Intell Rpt & Rice remarks at Stanford Univ. April 27, 2009 – see http://jurist.law.pitt.edu/forumy/2009/05/rice-waterboarding-and-account... ]

July 24, 2002 - Ashcroft oks certain harsh tactics [Senate Intell Rpt]

July 26, 2002 - Ashcroft oks wb [Senate Intell Rpt]

Aug. 1, 2002 – two Bybee memos – (1) Bybee to Gonzales, and (2) Bybee to Rizzo (second memo, Bybee to Rizzo, refers to oral approval of tactics on July 24 & 26 and is a smoking gun re: complicity - http://jurist.law.pitt.edu/forumy/2009/04/second-bybee-memo-smoking-gun.php [book page 150 n.89 – Yoo says he helped draft the “main memo” so Admin. could use “aggressive measures”]

Aug. 2002 - FBI Dir. Robert Mueller decides FBI will not participate in coercive interrogation with military personnel

Sept. 2002 – Goldsmith starts work with Haynes as Special Counsel in DOD Office of Gen. Counsel [fn 96]

Sept. 26, 2002 – Addington, Gonzales, Haynes, Goldsmith, Rizzo, Philbin, and others flew to GTMO to discuss and observe SERE tactics [fn 80 & 96]

Oct. 11, 2002 - Major Gen. Dunlavey memo to Hill, So. Comm. seeks enhanced interrogation tactics for GTMO & Hill to Chairman, JCS [book pages 12-13, 154, 158]

Nov. 27, 2002 - Haynes prepares action memo for Rumsfeld [book page 13] [Goldsmith involved?]

Dec. 2, 2002 - Rumsfeld lst memo for enhanced interrogation at GTMO [book page 13]

Dec. 2002 - CIA memo prohibits some tactics but not if “reasonably required” or if specifically hq approved [book page 29]

Jan. 15, 2003 - Rumsfeld rescinded general approval of illegal tactics and orders Haynes to set up DOD Working Gp. [book page 14]

Feb. 6, 2003 - Alberto Mora and John Yoo meet re: torture [book page 181 n.27]

March 3, 2003 - Khalid Sheikh Mohammed captured, reportedly subjected to waterboarding 183 times in March

March 14, 2003 - Yoo memo to Haynes re: illegal tactics [book page 151 n.89; Valpo fn.s 93-94]

April 4, 2003 - Mary Walker - DOD Working Gp. Rpt. (allegedly not signed by gp.) [book page 14]

April 2003 - JAGS & Mora protest [book pages 14-15]

April 16, 2003 - Rumsfeld approves 24/25 recommended tactics, some illegal, and says will approve other tactics at request [book page 15]

May 14, 2003 - Yoo memo to Haynes re: Military Interrogation of Alien Unlawful Combatants Held Outside the United States argues that Commander in Chief is above the law

June 2003 - Amnesty Int’l report re: abuse in Iraq [book pages 162-63 n.143]

Aug. 18, 2003 - Maj.Gen. Miller sent to Iraq to upgrade interrogation, with template from GTMO [book page 16]
– Rumsfeld memo at Abu Ghraib, Iraq [book pages 26-27]

Sept. 14, 2003 - Lt. Gen. Sanchez memo approved illegal tactics [book pages 16, 27, 174-75 n.7]

Oct. 12, 2003 - Sanchez memo revised [book page 16]

Oct. 2003 - Goldsmith moves from Haynes office in DOD to DOJ’s OLC [Valpo fn. 96]

Nov. 2003 – ICRC report on Abu Ghraib and states that ICRC issued warnings of abuse, including “a broad pattern ... and a system of” abuse, to highest level officials and others since start of war in Iraq in April 2003 [book pages 17, 162 n.143]

Dec. 2003 - Goldsmith withdraws Yoo March 14, 2003 memo but tells DOD tactics ok [Valpo fn. 95]

Jan. 2004 - ICRC warns Rice, Powell & Wolfowitz re: abuse at GTMO and in Iraq [book pages 17, 162 n.144]

Feb. 2004 - ICRC report on abuse in Iraq [book page 162 n.143]
- Taguba report [book pages 160-61 nn.134 & 138]

March 19, 2004 - Goldsmith memo for illegal transfer of non-pows from Iraq [book pages 18, 163 n.148; Valpo fn.s 96-98]

May 2004 - pictures of abuse at Abu Ghraib disclosed – Admin. says only “a few bad apples”

May 2004 - Cambone admissions before Sen. Levin’s Committee [book page 160 n.135]

May 7, 2004 - CIA Inspector General John L. Helgerson’s Report states some tactics criminal; Cheney irate, calls Helgerson to his office [http://jurist.law.pitt.edu/forumy/2009/05/complicity-of-dick-cheney-no-necessity.php
June 2004 - Goldsmith finally withdraws second Bybee memo (8 months after learning of it [Valpo fn.s 90-92]

July 2004 - ICRC report to Bush re: system of torture, cruel and degrading treatment at GTMO [book pages 17, 163 n.145]

July 7, 2004 - Mora memo to IG Navy [book pages 174 n.5, 176 n.12]

July 22, 2004 - DOJ “offered the C.I.A. interim assurance that it could use all methods except waterboarding, which Mr. Goldsmith had questioned. On Aug. 6, Mr. [Daniel] Levin issued another interim letter reauthorizing waterboarding.” [N.Y. Times, June 7, 2009]

Aug. 2004 - Final Report of Indep. Panel to Review DOD Detention Ops.

Oct. 2004 - sense of Cong. res. against torture and cruel treatment [book page 177 n.13; Valpo fn. 85]

Sept. 24, 2004 – Porter Goss becomes DCIA

Jan. 26, 2005 – Stephen Hadley becomes Dir. NSC (Rice is Sec. State)

March 8, 2005 - Cheney briefs lawmakers on unlawful tactics and made forceful, impassioned defense of the tactics – meetings occur in White House Situation Room, with CIA officers [AP News & Kane & Warrick, Pitts Post-Gazette, June 3, 2009

April 22, 2005 – Deputy AG James Comey (ODAG) email to Chief of Staff Chuck Rosenberg stating that at an April 22nd meeting with AG Gonzales, Pat Philbin, Steve Bradbury he “expressed ... concerns, saying the analysis was flawed and that I had grave reservations about the second opinion” [the draft Bradbury memo regarding “combined effects”]: “The AG explained that he was under great pressure from the Vice President to complete both memos.... He added that the VP kept telling him ‘we are getting killed on the Hill.’” [Comey email to Rosenberg, April 22, 2005, from N.Y. Times, June 6, 2009]

May 10, 2005 - two Bradbury memos to CIA Rizzo re: illegal tactics and torture statute

May 30, 2005 - Bradbury memo to CIA Rizzo re: CAT art. 16

May 31, 2005 - AG Gonzales attends National Security Council Principal’s Committee meeting [AG Gonzales, Sec. Rice, DCI Goss, Sec. Rumsfeld, Nat. Sec. Adv. Stephen Hadley, etc.] and reports to Deputy AG Comey and others that all Principals approved the full list of tactics in the Bradbury memos. [Comey email to Rosenberg, May 31, 2005, adding “I explained to him ... that some of this stuff is simply awful.”]

Oct. 2005 - Cheney conducts more lawmaker briefings and defends tactics

Oct. 2005 - Senate approves McCain amend. [book page 28]

Nov. 2005 - Addington & Cheney continue to advocate for illegal tactics [book page 27]

Nov. 2005 - Cheney conducts another lawmaker briefing and defends tactics

Nov. 2005 - CIA Goss admits CIA tactics would be restricted under McCain amend. [book page 28]

Dec. 14, 2005 - House approves McCain amend.

Dec. 30, 2005 - Detainee Treatment Act becomes fed. stat.

Feb. 15, 2006 - U.N. Experts’ report [book page 173 n.1]

March 30, 2006 - ASIL resolution on torture [book pages 187-88 n.44]

May 8, 2006 - Michael Hayden becomes DCI

May 18, 2006 - CAT Comm. report [book page 173 n.1]

June 29, 2006 - S. Ct. decides Hamdan case (GC 3 applies as a minimum set of rights, duties)

July 2006 - Bush Exec. Order re-authorizing unlawful tactics, Bradbury had reviewed and approved a draft [Valpo fn. 101]

July 7, 2006 - Gordon England memo requires milt. to follow Geneva common art. 3 [book page 42]

Sept. 5, 2006 - new DOD Directive on interrogation [book pages 43, 198 nn.135-138]

Sept. 6, 2006 - new Army Field Manual 2-22.3 [book pages 43, 199 nn.139-140]

Sept. 6, 2006 - Bush admits program of “secret” detention [crime against humanity] and “tough” treatment [book page 29]

Dec. 18, 2006 – Robert Gates replaces Rumsfeld as Sec. Defense

Feb. 2007 - ICRC report re: “High Value Detainees” and illegal tactics [ Valpo fn. 73]

key:
book = Paust, Beyond the Law: The Bush Administration’s Unlawful Responses in the “War” on Terror` (Cambridge Univ. Press 2007)
www.cambridge.org/9780521884266
Valpo fn = footnote in Paust article, The Absolute Prohibition of Torture..., in 43 Valparaiso Law Review 1535 (2009)
Senate Intell Rpt = declassified on April 17, 2009 Senate Intelligence Report
wb = wateboarding