Warrantless Wiretap Memos Timeline
I laid out the OLC opinions described in the Steven Bradbury declaration to the ACLU. In this post, I’ll add in the other significant documents he describes. Note, Bradbury names four documents–OLC 56, 57, and 58, and OIPR 138–which are documents created by the President or his immediate staff, and so are not agency documents; he provides no description of these documents. There are, of course, a great number of documents withheld, which therefore have no description or date.
Materials not included in Bradbury’s memos are not bold.
September 12, 2001: AUMF authorizes the President “to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.”
September 18, 2001: Bush signs AUMF.
September 21, 2001: Yoo writes internal memo on program. (Bamford 115)
September 25, 2001: OLC provides memo to David Kris on “a purpose” language for FISA.
October 1, 2001: Hayden briefs HPSCI.
October 2, 2001: Predecessor bill to PATRIOT Act introduced into House.
October 3, 2001: 15-day exception in FISA after declaration of war expires.
October 4, 2001, from DAAG OLC to Alberto Gonzales: OLC 132,which consists of two copies, one with handwritten comments and marginalia, of a 36-page memorandum, dated October 4, 2001, from a Deputy Assistant Attorney General in OLC to the Counsel to the President, created in response to a request from the White House for OLC’s views regarding what legal standards might govern the use of certain intelligence methods to monitor communications by potential terrorists. Warrantless wiretapping program authorized. Predecessor bill to PATRIOT Act introduced into Senate.
October 5, 2001: Bush explicitly limits briefings to Congress.
October 6, 2001: Program begins.
http://emptywheel.firedoglake.com/timeline-collection/warrantless-wiretap-memos-timeline