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Paul Merrell

In Hearing on Internet Surveillance, Nobody Knows How Many Americans Impacted in Data C... - 0 views

www.eff.org/...w-many-americans-impacted-data

surveillance state NSA 702 FISA legislation backdoor-serches stats

shared by Paul Merrell on 29 May 16 - No Cached
  • The Senate Judiciary Committee held an open hearing today on the FISA Amendments Act, the law that ostensibly authorizes the digital surveillance of hundreds of millions of people both in the United States and around the world. Section 702 of the law, scheduled to expire next year, is designed to allow U.S. intelligence services to collect signals intelligence on foreign targets related to our national security interests. However—thanks to the leaks of many whistleblowers including Edward Snowden, the work of investigative journalists, and statements by public officials—we now know that the FISA Amendments Act has been used to sweep up data on hundreds of millions of people who have no connection to a terrorist investigation, including countless Americans. What do we mean by “countless”? As became increasingly clear in the hearing today, the exact number of Americans impacted by this surveillance is unknown. Senator Franken asked the panel of witnesses, “Is it possible for the government to provide an exact count of how many United States persons have been swept up in Section 702 surveillance? And if not the exact count, then what about an estimate?”
  • Elizabeth Goitein, the Brennan Center director whose articulate and thought-provoking testimony was the highlight of the hearing, noted that at this time an exact number would be difficult to provide. However, she asserted that an estimate should be possible for most if not all of the government’s surveillance programs. None of the other panel participants—which included David Medine and Rachel Brand of the Privacy and Civil Liberties Oversight Board as well as Matthew Olsen of IronNet Cybersecurity and attorney Kenneth Wainstein—offered an estimate. Today’s hearing reaffirmed that it is not only the American people who are left in the dark about how many people or accounts are impacted by the NSA’s dragnet surveillance of the Internet. Even vital oversight committees in Congress like the Senate Judiciary Committee are left to speculate about just how far-reaching this surveillance is. It's part of the reason why we urged the House Judiciary Committee to demand that the Intelligence Community provide the public with a number. 
  • The lack of information makes rigorous oversight of the programs all but impossible. As Senator Franken put it in the hearing today, “When the public lacks even a rough sense of the scope of the government’s surveillance program, they have no way of knowing if the government is striking the right balance, whether we are safeguarding our national security without trampling on our citizens’ fundamental privacy rights. But the public can’t know if we succeed in striking that balance if they don’t even have the most basic information about our major surveillance programs."  Senator Patrick Leahy also questioned the panel about the “minimization procedures” associated with this type of surveillance, the privacy safeguard that is intended to ensure that irrelevant data and data on American citizens is swiftly deleted. Senator Leahy asked the panel: “Do you believe the current minimization procedures ensure that data about innocent Americans is deleted? Is that enough?”  David Medine, who recently announced his pending retirement from the Privacy and Civil Liberties Oversight Board, answered unequivocally:
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  • Senator Leahy, they don’t. The minimization procedures call for the deletion of innocent Americans’ information upon discovery to determine whether it has any foreign intelligence value. But what the board’s report found is that in fact information is never deleted. It sits in the databases for 5 years, or sometimes longer. And so the minimization doesn’t really address the privacy concerns of incidentally collected communications—again, where there’s been no warrant at all in the process… In the United States, we simply can’t read people’s emails and listen to their phone calls without court approval, and the same should be true when the government shifts its attention to Americans under this program. One of the most startling exchanges from the hearing today came toward the end of the session, when Senator Dianne Feinstein—who also sits on the Intelligence Committee—seemed taken aback by Ms. Goitein’s mention of “backdoor searches.” 
  • Feinstein: Wow, wow. What do you call it? What’s a backdoor search? Goitein: Backdoor search is when the FBI or any other agency targets a U.S. person for a search of data that was collected under Section 702, which is supposed to be targeted against foreigners overseas. Feinstein: Regardless of the minimization that was properly carried out. Goitein: Well the data is searched in its unminimized form. So the FBI gets raw data, the NSA, the CIA get raw data. And they search that raw data using U.S. person identifiers. That’s what I’m referring to as backdoor searches. It’s deeply concerning that any member of Congress, much less a member of the Senate Judiciary Committee and the Senate Intelligence Committee, might not be aware of the problem surrounding backdoor searches. In April 2014, the Director of National Intelligence acknowledged the searches of this data, which Senators Ron Wyden and Mark Udall termed “the ‘back-door search’ loophole in section 702.” The public was so incensed that the House of Representatives passed an amendment to that year's defense appropriations bill effectively banning the warrantless backdoor searches. Nonetheless, in the hearing today it seemed like Senator Feinstein might not recognize or appreciate the serious implications of allowing U.S. law enforcement agencies to query the raw data collected through these Internet surveillance programs. Hopefully today’s testimony helped convince the Senator that there is more to this topic than what she’s hearing in jargon-filled classified security briefings.
  • Paul Merrell on 29 May 16
     
    The 4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and *particularly describing the place to be searched, and the* persons or *things to be seized."* So much for the particularized description of the place to be searched and the thngs to be seized.  Fah! Who needs a Constitution, anyway .... 
Paul Merrell

CIA releases declassified documents on interrogations - POLITICO - 0 views

www.politico.com/...uments-on-interrogation-224346

war & peace CIA torture FOIA litigation

shared by Paul Merrell on 16 Jun 16 - No Cached
  • When the Senate Intelligence Committee released its so-called "torture report" in 2014 slamming the Central Intelligence Agency over its harsh interrogation program for terror suspects, CIA Director John Brennan memorably declared: “I think there is more than enough transparency that has happened over the last couple of days....I think it’s over the top.”A year and a half later, under pressure from at least two Freedom of Information Act lawsuits, the spy agency is pulling back the curtain further on the Rendition, Detention and Interrogation Program by releasing declassified versions of 50 documents related to the controversial effort.The newly disclosed CIA records show internal signs of concern about the program ranging from nervousness to disgust. One memo urged people not to make written records of their worries that aspects of the interrogation effort might be illegal.
Paul Merrell

NSA 'not interested in' Americans, privacy officer claims | TheHill - 0 views

thehill.com/...ericans-privacy-officer-claims

surveillance state NSA not-interested Richards

shared by Paul Merrell on 18 Mar 16 - No Cached
  • The National Security Agency’s internal civil liberties watchdog insisted on Thursday that the agency has no interest in spying on Americans under its controversial spying tools. “Our employees are trained to not look for U.S. persons,” NSA privacy and civil liberties officer Rebecca Richards said on Thursday.
  • “We’re not interested in those U.S. persons. We’re trying to look away from those,” she added. “Instead, we’re looking for where are our targets?”Richards’s comments came up during a Capitol Hill panel discussion about a new report on U.S. spying from the Brennan Center for Justice.The analysis looks at aspects of a presidential order that dates back to Ronald Reagan and was updated by then-President George W. Bush, called Executive Order 12333.
  • Programs under the order, which is meant to guide foreign surveillance, “have implications for Americans’ privacy that could well be greater than those of their domestic counterparts,” the organization wrote in its analysis. “The vast majority of Americans — whether wittingly or not — engage in communication that is transmitted or stored overseas.”“This reality of the digital age renders Americans’ communications and data highly vulnerable to NSA surveillance abroad.”
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  • NSA surveillance under Executive Order 12333 is separate from the agency’s higher profile bulk collection of Americans’ phone records, which ended last year. It also occurs under separate legal powers than a controversial provision of the 2008 update to the Foreign Intelligence Surveillance Act, which comes up for renewal at the end of 2017.The executive order targets foreigners, but can “incidentally” pick up data about Americans if their activity on the Internet crosses international borders, Richards acknowledged.“Our procedures are designed to say: There are occasions when you are going to get U.S. persons,” she said, “and when you get those U.S. persons, here’s the rules.”
  • Richards is the agency’s first ever civil liberties officer. She was hired in early 2014, on the heels of fallout from Edward Snowden’s leaks about the spy agency. 
  • Paul Merrell on 18 Mar 16
     
    Not interested. Apparently that's why NSA was turning over raw search results to Israel without filtering out "U.S. persons" data. And why they just decided to give other agencies including law enforcement access to raw search results. And why Gen. Keith Alexander personally put together a program to ruin people's reputations including a "U.S. person." And why Russell Tice said that he personally had Obama's NSA dossier in his hands when Obama was running for the U.S. Senate. And why Tice says NSA had similar dossiers on members of Congress and the justices of the U.S. Supreme Court and targeted "lots of lawyers." On and on.  Ms. Richards appears to have become a quick study in NSA's hallmark skill of lying to the public. 
Paul Merrell

Saudi Arabia Replaces Key Official in Effort to Arm Syria Rebels - WSJ.com - 0 views

online.wsj.com/...702303775504579392942097203608

war & peace Syria Saudis Bandar bin-Nayef MIteb

shared by Paul Merrell on 24 Feb 14 - No Cached
  • Saudi Arabia has sidelined its veteran intelligence chief, Prince Bandar bin Sultan, as leader of the kingdom's efforts to arm and fund Syrian rebels, replacing him with another prince well-regarded by U.S. officials for his successes fighting al-Qaeda, Saudi royal advisers said this week. The change holds promise for a return to smoother relations with the U.S., and may augur a stronger Saudi effort against militants aligned with al Qaeda who have flocked to opposition-held Syrian territory during that country's three-year war, current and former U.S. officials said.
  • Saudi Arabia has sidelined its veteran intelligence chief, Prince Bandar bin Sultan, as leader of the kingdom's efforts to arm and fund Syrian rebels, replacing him with another prince well-regarded by U.S. officials for his successes fighting al-Qaeda, Saudi royal advisers said this week. The change holds promise for a return to smoother relations with the U.S., and may augur a stronger Saudi effort against militants aligned with al Qaeda who have flocked to opposition-held Syrian territory during that country's three-year war, current and former U.S. officials said.
  • Interior Minister Prince Mohammed bin Nayef, who has won praise in Washington for his counterterror work against al Qaeda in Yemen and elsewhere, is now a main figure in carrying out Syria policy, a royal adviser and a security analyst briefed by Saudi officials said Tuesday. Prince Miteb bin Abdullah, Saudi King Abdullah's son and head of the Saudi National Guard, has also assumed a bigger share of responsibility for the kingdom's policy towards Syria, the advisers said. A Saudi analyst who serves as adviser to top royals said the changes signaled the kingdom would also now emphasize diplomatic means, including outreach to and pressure on Russia, Iran and Hezbollah, the main backers of Mr. Assad's regime.
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  • "Prince Miteb and Mohammed bin Nayef, they are in charge," the adviser said. The world will see a "new strategy for Syria—quieter, more open, not too extreme. There will be more politics to it, and probably much less military." U.S. officials said Prince Mohammed enjoys good relations with Secretary of State John Kerry and CIA Director John Brennan. The latter first met the prince in 1999, shortly before he left Saudi Arabia after serving as the CIA station chief there. The officials also credit the prince with providing intelligence that foiled at least two al Qaeda bomb plots against Western targets.
  • The changes put the Syria efforts in the hands of princes who are believed to have been among the most cautious among top royals about aggressively supporting the rebels. The U.S. wants to see the moderate rebels it supports fight both the regime and radical fighters such as the al Qaeda-inspired Islamic State of Iraq and al Sham (ISIS). Increasingly, this is happening on the ground in Syria. "You could see a smarter Saudi approach, one more targeted on the Assad regime and one also targeting extremists," said Andrew Tabler, a senior fellow at the Washington Institute think tank. "It seems as if they continue to back the rebels. I think the question is what will that entail."
  • Prince Mohammed, as a leading counterterror figure globally, is in a position to assuage American fears that if the West supplies weapons, they will wind up in the possession of radicals, said Mustafa Alani, a security analyst with the Gulf Research Center who is close to Saudi security and intelligence circles. "The Americans have to change their policy, and Prince Mohammed is the right person to take this mission.…He's the one who can calm their worries," Mr. Alani said. Saudi officials have told their American counterparts that they intend to ramp up their support for the moderate opposition after the collapse of peace talks in Geneva last month. U.S. officials say they haven't given the Saudis a green light to move forward with plans to give shoulder-fired missiles that can bring down jets to hand-picked rebels. But it is unclear to what extent the U.S. would move to block the Saudis if they insisted on going ahead with the deployment of the weapons over Washington's objections.
  • Prince Mohammed's appointment reflects shifting U.S. interests in the conflict, with both the Americans and Saudis increasing their focus on countering al Qaeda-linked groups in Syria. U.S. and European officials fear these groups could plot attacks against the West from camps in Syria and that foreign fighters now in Syria will pose a significant threat when they return home to Europe, the Gulf and the U.S. The U.S. has gradually expanded its involvement in Syria at the urging of the Saudis, though not nearly as quickly as the Saudis had hoped. The Saudis persuaded the CIA to pay salaries to some fighters of the Western-backed Free Syrian Army rebel group, and the payments started about a year ago.
  • Paul Merrell on 24 Feb 14
     
    Bandar Bush exits, stage right, as the Obama Administration scrambles for realignment in the Mideast. 
Paul Merrell

CIA Accused Of Spying On Senate Intelligence Committee Staffers | Techdirt - 0 views

www.techdirt.com/...gence-committee-staffers.shtml

surveillance state CIA Senate-Intelligence-Committee torture lies

shared by Paul Merrell on 07 Mar 14 - No Cached
  • The details are still a little cloudy, but in December, Senator Mark Udall revealed that the Senate Intelligence Committee had come across an internal CIA study that apparently corroborated the information that is in the big Senate report -- and which directly contradicted claims by the CIA to the Committee about how the report was inaccurate -- suggesting that, on top of everything else, the CIA lied to the Intelligence Committee. Udall quizzed CIA boss John Brennan about that internal report. And according to the NY Times, it appears that CIA folks freaked out that the Intelligence Committee somehow got access to that internal study, and responded the way the CIA knows best: by starting to spy on Intelligence Committee staffers: The agency’s inspector general began the inquiry partly as a response to complaints from members of Congress that C.I.A. employees were improperly monitoring the work of staff members of the Senate Intelligence Committee, according to government officials with knowledge of the investigation. The committee has spent several years working on a voluminous report about the detention and interrogation program, and according to one official interviewed in recent days, C.I.A. officers went as far as gaining access to computer networks used by the committee to carry out its investigation.
  • On Tuesday, Udall sent a strongly worded letter to President Obama, pushing for the declassification and release of the big 6,300 page report, but also that internal CIA study, which would highlight how the CIA lied. On top of that, he made an oblique reference to this spying activity by the CIA: As you are aware, the CIA has recently taken unprecedented action against the Committee in relation to the internal CIA review, and I find these actions to be incredibly troubling for the Committee's oversight responsibilities and for our democracy. It is essential that the Committee be able to do its oversight work -- consistent with our constitutional principle of the separation of powers -- without the CIA posing impediments or obstacles as it is today. In many ways, the idea that the CIA is directly spying on the Senate Committee charged with its own oversight is a bigger potential scandal than many of the Snowden NSA revelations so far. Even more importantly, it may finally lead to Congress taking action against an out-of-control intelligence community.
Paul Merrell

White House withholds records from Senate panel's CIA inquiry | Dallas Morning News - 0 views

www.dallasnews.com/...-senate-panels-cia-inquiry.ece

Obama CIA torture Senate-Intelligence-Committee cover-up

shared by Paul Merrell on 14 Mar 14 - No Cached
  • The White House has been withholding for five years more than 9,000 top-secret documents sought by the Senate Select Committee on Intelligence for its investigation into the now-defunct CIA detention and interrogation program, even though President Barack Obama hasn’t exercised a claim of executive privilege.In contrast to public assertions that it supports the committee’s work, the White House has ignored or rejected offers in multiple meetings and in letters to find ways for the committee to review the records, a McClatchy investigation has found.The significance of the materials couldn’t be learned. But the administration’s refusal to turn them over or to agree to any compromise raises questions about what they would reveal about the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists in secret overseas prisons.The dispute indicates that the White House is more involved than it has acknowledged in the unprecedented power struggle between the committee and the CIA, which has triggered charges that the agency searched the panel’s computers without authorization and has led to requests to the Justice Department for criminal investigations of CIA personnel and Senate aides.“These documents certainly raise the specter that the White House has been involved in stonewalling the investigation,” said Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School.The committee and the CIA declined to comment.
  • In a prepared statement to McClatchy, the White House confirmed that “a small percentage” of the 6.2 million pages of documents provided to the committee were “set aside because they raise executive branch confidentiality interests.”
  • In question are 9,400 documents that came to the committee’s attention in 2009, McClatchy has learned. It’s unclear whether the CIA first gave the committee staff access to the materials before the White House withheld them.But Obama hasn’t formally decreed that the documents are protected by executive privilege, McClatchy learned. Although the doctrine isn’t mentioned explicitly in the Constitution, the Supreme Court recognized in 1974 a limited power by the White House to withhold certain communications between high officials and close aides who advise and assist them.
Paul Merrell

Fisa court documents reveal extent of NSA disregard for privacy restrictions | World ne... - 0 views

www.theguardian.com/...cuments-nsa-violations-privacy

surveillance state NSA FISA Court lies NSA-blowback

shared by Paul Merrell on 20 Nov 13 - No Cached
  • Newly declassified court documents indicate that the National Security Agency shared its trove of American bulk email and internet data with other government agencies in violation of specific court-ordered procedures to protect Americans’ privacy. The dissemination of the sensitive data transgressed both the NSA’s affirmations to the secret surveillance court about the extent of the access it provided, and prompted incensed Fisa court judges to question both the NSA’s truthfulness and the value of the now-cancelled program to counter-terrorism. While the NSA over the past several months has portrayed its previous violations of Fisa court orders as “technical” violations or inadvertent errors, the oversharing of internet data is described in the documents as apparent widespread and unexplained procedural violations. “NSA’s record of compliance with these rules has been poor,” wrote judge John Bates in an opinion released on Monday night in which the date is redacted.
  • “Most notably, NSA generally disregarded the special rules for disseminating United States person information outside of NSA until it was ordered to report such disseminations and to certify to the [Fisa court] that the required approval had been obtained.” In addition to improperly permitting access to the email and internet data – intended to include information such as the “to” “from” and “BCC” lines of an email – Bates found that the NSA engaged in “systemic overcollection”, suggesting that content of Americans’ communications was collected as well.
  • The court had required the NSA to comply with a longstanding internal procedure for protecting Americans’ sensitive information prior to sharing the data internally within NSA, known as United States Signals Intelligence Directive 18 (USSID 18) and also declassified on Monday night; and additionally required a senior NSA official to determine that any material shared outside the powerful surveillance agency was related to counter-terrorism. Yet in a separate Fisa court document, the current presiding judge, Reggie Walton, blasted the government’s secret declaration that it followed USSID 18 “rather than specifically requiring that the narrower dissemination provision set forth in the Court’s orders in this matter be strictly adhered to”. Walton wrote: “The court understands this to mean that the NSA likely has disseminated US person information derived from the [email and internet bulk] metadata outside NSA without a prior determination from the NSA official designated in the court’s orders that the information is related to counter-terrorism information and is necessary to understand the counter-terrorism information or assess its importance.”
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  • In an opinion apparently written in June 2009, Walton said the court was “gravely concerned” that “NSA analysts, cleared and otherwise, have generally not adhered to the dissemination restrictions proposed by the government, repeatedly relied on by the court in authorizing the [email and internet bulk] metadata, and incorporated into the court’s orders in this matter [redacted] as binding on NSA.” Walton said the NSA’s legal team had failed to satisfy the training requirements that NSA frequently points to in congressional testimony as demonstrating its scrupulousness. Walton added that he was “seriously concerned” by the placement of Americans’ email and internet metadata into “databases accessible by outside agencies, which, as the government has acknowledged, violates not only the court’s orders, but also NSA’s minimization and dissemination procedures as set forth in USSID 18.”
  • In 2011, Bates wrote that the “volume and nature” of the NSA’s bulk collection on foreign internet content was “fundamentally different from what the court had been led to believe”. Yet the documents disclosed Monday night, thanks to a transparency lawsuit, show that Bates and Walton permitted the surveillance of Americans’ bulk email and internet metadata to continue under additional restrictions, out of concern for the ongoing terrorism threat.
  • Elizabeth Goitien of the Brennan Center for Justice at New York University said that the declassified opinions raise disturbing questions about the NSA’s truthfulness. “Either the NSA is really trying to comply with the court’s orders and is absolutely incapable of doing so, in which case it’s terrifying that they’re performing this surveillance, or they’re not really trying to comply,” Goitien said. “Neither of those explanations is particularly comforting.”
Gary Edwards

Seymour M. Hersh · The Red Line and the Rat Line · LRB 6 April 2014 - 0 views

www.lrb.co.uk/...the-red-line-and-the-rat-line

Syria Gun-running Benghazi-coverup Seymour-Hersh

shared by Gary Edwards on 07 Apr 14 - No Cached
  • In 2011 Barack Obama led an allied military intervention in Libya without consulting the US Congress. Last August, after the sarin attack on the Damascus suburb of Ghouta, he was ready to launch an allied air strike, this time to punish the Syrian government for allegedly crossing the ‘red line’ he had set in 2012 on the use of chemical weapons.[*]​＊ Then with less than two days to go before the planned strike, he announced that he would seek congressional approval for the intervention. The strike was postponed as Congress prepared for hearings, and subsequently cancelled when Obama accepted Assad’s offer to relinquish his chemical arsenal in a deal brokered by Russia. Why did Obama delay and then relent on Syria when he was not shy about rushing into Libya? The answer lies in a clash between those in the administration who were committed to enforcing the red line, and military leaders who thought that going to war was both unjustified and potentially disastrous.
  • Paul Merrell on 07 Apr 14
     
    Sy Hersh walks us through his investigation into the reasons behind Obama's last-minute decision to postpone missile (and as it turns out, B52) strikes on Syria. His trail leads through the Benghazi incident and the CIA's running of weapons from Libya to jihadists in Syria (the "rat line") through Turkey engineering a false flag gas attack in Syria to draw Obama into attacking Syria for crossing his "red line" against Syrian use of chemical weapons. Note that Hersh's account of the "red line" events largely fits with the earlier accounts by Yossef Bodansky.  http://oilprice.com/Geopolitics/Middle-East/Syrian-Chemical-Attack-More-Evidence-Only-Leads-to-More-Questions.html http://www.worldtribune.com/2013/09/09/new-granular-evidence-points-to-saudi-involvement-in-syrias-chemical-weapons-terror-attack/ http://www.globalresearch.ca/did-the-white-house-help-plan-the-syrian-chemical-attack Note however that Hersh's account omits Bodansky's evidence that the U.S. State Department and CIA were part of the planning for the false flag attack.
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  • Paul Merrell on 07 Apr 14
     
    Note also the previous account by Wayne Madsen of events leading Obama to postpone his atack on Syria. http://www.strategic-culture.org/news/2013/09/04/american-generals-stand-between-war-and-peace.html "Obama is faced with another grim reality. Some within the Pentagon ranks are so displeased with Obama's policies on Syria, they have let certain members of Congress of both parties know that «smoking gun» proof exists that Obama and CIA director John O. Brennan personally authorized the transfer of arms and personnel from Al-Qaeda-linked Ansar al Sharia Islamist rebels in Libya to Syria's Jabhat al Nusra rebels, who are also linked to Al Qaeda, in what amounts to an illegal «Iran-contra»-like scandal. The proof is said to be highly «[un]impeachable»." This is another "red line" / "rat line" tie, suggesting that the reason the Benghazi investigation has not produced an even larger scandal is that it would expose the War Party's efforts to supply captured Libyan arms to jihadists in Syria.  On the Iran/Contra parallel, note that bills to approve supply of weapons to Syrian "rebels" were then stalled in Congress, evidencing Congressional intent that it rather than the President would authorize arming the "rebel" forces. The fact that CIA and the State Dept. were already covertly doing so completes the Iran/Contra scandal analogy.
  • Paul Merrell on 07 Apr 14
     
    See also Hersh's article in December 2013, establishing that the White House had "cooked" the alleged evidence offered in support of Obama's claim that Syria had been responsible for the attack. It also establishes Obama's prior knowledge that the "rebel" forces had sarin weapons. http://www.lrb.co.uk/v35/n24/seymour-m-hersh/whose-sarin
  • Gary Edwards on 07 Apr 14
     
    "The Red Line and the Rat Line: Seymour M. Hersh on Obama, Erdoğan and the Syrian rebels excerpt/intro: In 2011 Barack Obama led an allied military intervention in Libya without consulting the US Congress. Last August, after the sarin attack on the Damascus suburb of Ghouta, he was ready to launch an allied air strike, this time to punish the Syrian government for allegedly crossing the 'red line' he had set in 2012 on the use of chemical weapons.​＊ Then with less than two days to go before the planned strike, he announced that he would seek congressional approval for the intervention. The strike was postponed as Congress prepared for hearings, and subsequently cancelled when Obama accepted Assad's offer to relinquish his chemical arsenal in a deal brokered by Russia. Why did Obama delay and then relent on Syria when he was not shy about rushing into Libya? The answer lies in a clash between those in the administration who were committed to enforcing the red line, and military leaders who thought that going to war was both unjustified and potentially disastrous. Obama's change of mind had its origins at Porton Down, the defence laboratory in Wiltshire. British intelligence had obtained a sample of the sarin used in the 21 August attack and analysis demonstrated that the gas used didn't match the batches known to exist in the Syrian army's chemical weapons arsenal. The message that the case against Syria wouldn't hold up was quickly relayed to the US joint chiefs of staff. The British report heightened doubts inside the Pentagon; the joint chiefs were already preparing to warn Obama that his plans for a far-reaching bomb and missile attack on Syria's infrastructure could lead to a wider war in the Middle East. As a consequence the American officers delivered a last-minute caution to the president, which, in their view, eventually led to his cancelling the attack."
Paul Merrell

Asia Times Online :: World Affairs - 0 views

www.atimes.com/...WOR-03-240414.html

war & peace Ukraine E.U. China U.S.-foreign-policy

shared by Paul Merrell on 28 Apr 14 - No Cached
  • By Pepe Escobar Let's start with a flashback to February 1992 - only two months after the dissolution of the Soviet Union. First draft of the US government's Defense Planning Guidance. It was later toned down, but it still formed the basis for the exceptionalist dementia incarnated by the Project for the New American Century; and also reappeared in full glory in Dr Zbig "Let's Rule Eurasia" Brzezinski's 1997 magnum opus The Grand Chessboard. It's all there, raw, rough and ready: Our first objective is to prevent the reemergence of a new rival, either on the territory of the former Soviet Union or elsewhere, that poses a threat on <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> the order of that posed by the Soviet Union. This ... requires that we endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to generate global power. These regions include Western Europe, East Asia, the territory of the former Soviet Union, and Southwest Asia.
  • By Pepe Escobar Let's start with a flashback to February 1992 - only two months after the dissolution of the Soviet Union. First draft of the US government's Defense Planning Guidance. It was later toned down, but it still formed the basis for the exceptionalist dementia incarnated by the Project for the New American Century; and also reappeared in full glory in Dr Zbig "Let's Rule Eurasia" Brzezinski's 1997 magnum opus The Grand Chessboard. It's all there, raw, rough and ready: Our first objective is to prevent the reemergence of a new rival, either on the territory of the former Soviet Union or elsewhere, that poses a threat on <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> the order of that posed by the Soviet Union. This ... requires that we endeavor to prevent any hostile power from dominating a region whose resources would, under consolidated control, be sufficient to generate global power. These regions include Western Europe, East Asia, the territory of the former Soviet Union, and Southwest Asia.
  • That's all one needs to know about the Obama administration's "pivoting to Asia", as well as the pivoting to Iran ("if we're not going to war", as US Secretary of State John Kerry let it slip) and the pivoting to Cold War 2.0, as in using Ukraine as a "new Vietnam" remix next door to Russia. And that's also the crucial context for Obama's Pax Americana Spring collection currently unrolling in selected Asian catwalks (Japan, South Korea, Malaysia and Philippines).
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  • The Spring collection is far from derailing other pivoting - whose latest offering is the current "anti-terrorist" campaign in eastern Ukraine by the Kiev regime changers, which follows a most curious calendar. CIA's John Brennan hits Kiev, and the regime changers launch their first war on terra. Dismal failure ensues. Vice President Joe Biden visits Kiev and the regime changers, right on cue, relaunch their war on terra. Thus the pivoting to Cold War 2.0 proceeds unabated, as in Washington working hard to build an iron curtain between Berlin and Moscow - preventing further trade integration across Eurasia - via instigation of a civil war in Ukraine. German Chancellor Angela Merkel remains on the spot: it's either Atlantic high-fidelity or her Ostpolitik - and that's exactly where Washington wants her.
  • How's Beijing reacting to all this hysteria? Simple: by reaping dividends. Beijing wins with the US offensive trying to alienate Moscow from Western markets by getting a better pricing deal on the supply of Eastern Siberian gas. Beijing wins from the European Union's fear of losing trade with Russia by negotiating a free-trade agreement with its largest trading partner, which happens to the be the EU. And then, the sterling example. Just compare Obama's Spring collection tour, as a pivoting appendix, to the current tour of Cuba, Venezuela, Brazil and Argentina by Chinese Foreign Minister Wang Yi. It's a business bonanza, focused on bilateral financing and, what else, trade deals. It's all in the mix: Peruvian and Chilean copper; Brazilian iron and soybeans; support for Venezuelan social programs and energy development; support for Cuba in its interest for greater Chinese involvement in Venezuela, which supplies Cuba with subsidized energy.
  • And all this against the background of a Beltway so excited that the Chinese economy is in deep trouble. It's not - it grew at 7.4% year-on-year for the first quarter of 2014. Demand for iron and copper won't significantly slow down - as the Beijing-driven urbanization drive has not even reached full speed. Same for soybeans - as millions of Chinese increasingly start eating meat on a regular basis (soybean products are a crucial feedstock). And, of course, Chinese companies will not losee their appetite for diversifying all across South America. For the large, upcoming Chinese middle class - on their way to becoming full-fledged members of the number one economic power in the world by 2018 - this Spring collection is a non-starter. He or she would rather hit Hong Kong and queue up in Canton Road to buy loads of Hermes and Prada - and then strategically celebrate with Jiro quality, non-Fukushima-radiated, sushi.
  • Paul Merrell on 28 Apr 14
     
    Escobar's point that for the U.S., Ukraine is about building an iron curtain between Russia and the E.U. should not be missed. 
Paul Merrell

New Intel Doc: Do Not Be 'Led Astray' By 'Commonly Understood Definitions' - The Intercept - 0 views

firstlook.org/...ommonly-understood-definitions

surveillance state NSA glossary lies

shared by Paul Merrell on 03 Oct 14 - No Cached
  • New evidence of the intelligence community’s intentionally deceptive use of the English language was released today in the form of a Defense Intelligence Agency document that instructs analysts to use words that do not mean what they appear to mean. The section of the DIA’s “intelligence law handbook” on the “Collection of Information about United States Persons” opens like this: To begin the journey, it is necessary to stop first and adjust your vocabulary. The terms and words used in DoD 5240.1-R have very specific meanings, and it is often the case that one can be led astray by relying on the generic or commonly understood definitions of a particular word. DoD 5240.1-R — entitled “Procedures Governing the Activities of DOD Intelligence Components that Affect United States Persons” – is the Department of Defense document that implements Executive Order 12333, the unilateral presidential directive first signed by President Reagan that authorizes government agencies to covertly sweep up vast amounts of private data from overseas communications. The plainspoken employee handbook was one several documents about Executive Order 12333 the ACLU obtained through a Freedom of Information Act lawsuit and released today. See also today’s Intercept story: “The Ghost of Ronald Reagan Authorizes Most NSA Spying”
  • Here is the handbook explaining how not to be led astray: For example, “collection of information” is defined in the Dictionary of the United States Army Terms (AR 310- 25) as: “The process of gathering information for all available sources and agencies. ” But, for the purposes of DoD 5240 .1-R, information is “collected” – only when it has been received for use by an employee of a DoD intelligence component in the course of his official duties… (and) an employee takes some affirmative action that demonstrates an intent to use or retain the information. So, we see that “collection of information” for DoD 5240.1-R purposes is more than “gathering” – it could be described as “gathering, plus … “. For the purposes of DoD 5240.1-R, “collection” is officially gathering or receiving information, plus an affirmative act in the direction of use or retention of that information.
  • For good measure, there’s this footnote: In addition, data acquired by electronic means is “collected” only when it is processed into intelligible form…;What constitutes an intelligible form may be somewhat problematic. Analysts can even gather information and keep it for up to six months without it counting as having been “collected”, as long as it’s being “held or forwarded to a supervisory authority, solely for the purpose of making a determination about its collectability.” Although the intelligence community’s astonishing abuse of words has been frequently noted, particularly in the context of surveillance, this may be the first time we’ve actually seen an instruction manual.
  • ...1 more annotation...
  • And as it happens, it comes right in the middle of a couple pieces I’m writing about another linguistic perversion, the non-denial denial. (My exegesis of CIA director John Brennan’s latest ran on Friday; more examples from recent history should be out tomorrow.) The intelligence community’s redefinition of terms inspired the ACLU’s Jameel Jaffer and Brett Max Kaufman last year to author a ”lexicon for decoding the true meaning of what NSA officials say” which includes nifty non-intuitive recastings of terms such as surveillance, relevant, targeted, incidental and inadvertent. There’s also a “Guide to the Deceptions, Misinformation, and Word Games Officials Use to Mislead the Public About NSA Surveillance” that Trevor Timm wrote for the Electronic Frontier Foundation, and Mike Masnick’s more tongue in check “NSA-To-English Dictionary” from Techdirt.
Paul Merrell

400 Blackwater Mercs Deployed In Ukraine Against Separatists, German Press Reports | Ze... - 0 views

www.zerohedge.com/...paratists-german-press-reports

war & peace Ukraine mercenaries Academi Germany U.S.-foreign-policy

shared by Paul Merrell on 13 May 14 - No Cached
  • In what is becoming a weekly ritual, the German press continues to demolish the US case of "idealistic humaniatrian" Ukraine intervention. Recall, that it was a week ago that German tabloid Bild am Sonntag, hardly the most reputable source but certainly one which reaches the broadest audience, reported that dozens of CIA and FBI agents were "advising the Ukraine government." This conclusion is hardly a stretch and certainly based on facts considering the recent semi-secret jaunt by CIA head Brennan to Kiev. Fast forward one week when overnight the same Bild reported that about 400 elite mercenary commandos of the private US security firm, Academi, f/k/a Xe Services, f/k/a Blackwater "are involved in a punitive operation mounted by Ukraine's new government" against east Ukraine separatists.
  • Bild cites sources who report that on April 29, Germany's Federal Intelligence Service (BND) informed the Angela Merkel government about Academi commandos' involvement in Kiev's military operations in eastern Ukraine. Spiegel adds that "the information originates from U.S. intelligence services and was presented during a meeting chaired by the Chancellor's Office chief Peter Altmaier (CDU). At the meeting were present the president of the intelligence agencies and the Federal Criminal Office, as well as the intelligence coordinator of the Chancellor's Office and senior Ministry officials." Bild am Sontag did not have information about who was paying the Blackwater commandos: it is well-known they do not come cheap.
  • Of course, since no western entity, and certainly not the company itself, would ever admit its involvement in the Ukraine as it would promptly crash the official US foreign policy track claiming US non-involvement in Ukraine, none of this is surprising.
  • ...1 more annotation...
  • Finally, in this proxy war between west and east, to believe that the US won't throw everything it can at Putin is naive, and as such the involvement of trained US mercenaries in Ukraine is beyond debate. However what is certainly surprising and far more interesting, is the persistent attempts by the German press to discredit none other than their biggest "Developed world" ally, the US. It is almost as if someone (a quite wealthy and powerful someone) has material interests that diverge with those of the Obama administration, and hence converge with those of Putin. Alongside the emerging China-Russia axis, keeping tabs on just how close to Russia Germany is willing to get, is easily the most notable story in the entire Ukraine conflict.
  • Paul Merrell on 13 May 14
     
    Don't miss the last paragraph. Tyler has a whiff of big money driving Germany toward maintenance of the Russo-Germanic energy alliance. The U.S. has no natural gas to deliver to Europe in the next few years and even when it does, it will be very spendy to liquify and transport it by ship. It's the U.S. government that wants to block emergence of a unified Eurasian market, not the E.U. And the U.S. is a declining market, as China's economy eclipses that of the U.S. I'm not predicting that Germany will defect from NATO in the foreseeable future, but Obama is definitely riding roughshod over the E.U. in his Ukraine strategy during the Great Recession with no resurrection of the dollar's value in sight. The ties that bind NATO together are mightily stretched at this point.   
Paul Merrell

Eight top ex-CIA officials launch bid to rebut 'torture report' | Washington Examiner - 0 views

www.washingtonexaminer.com/...2569273

war & peace CIA torture Senate-Intelligence_Committee-Report CIA-rebuttal

shared by Paul Merrell on 03 Aug 15 - No Cached
  • In a bid to bring the "rest of the story" to the nation about the CIA's detention and interrogation of al Qaeda terrorists, eight former top CIA officials, including three directors, are publishing a rebuttal to the sensational Senate Democratic "torture report." Early next month, the Naval Institute Press will release "Rebuttal: The CIA Responds to the Senate Intelligence Committee's Study of Its Detention and Interrogation Program." In addition to challenging the Democratic conclusion that CIA techniques, including waterboarding, didn't produce any intelligence, it will be the first time the top officials who oversaw the program will jointly give their review of how it all went down and the successes it brought. Surprisingly, none were interviewed for the Democratic report published in December. It also will include the responses of the Republicans on the Senate Select Committee on Intelligence, left out of the best-selling "The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program."
  • Proceeds generated from the sale of the 352-page "Rebuttal" will go to the CIA Officers Memorial Foundation. The key essays about the program are written by three former CIA chiefs: George Tenet, Porter Goss and retired Gen. Michael V. Hayden. Other contributors include two former deputy directors, John McLaughlin and Michael Morell, former clandestine service boss Jose A. Rodriguez, former CIA and FBI counterterrorism official J. Philip Mudd and former CIA Acting General Counsel John Rizzo. The intelligence community has been eager to counter the Democratic report by the committee's chairwoman, Sen. Dianne Feinstein, which many said has been unfairly characterized as the main report on the CIA's enhanced interrogation programs.
  • After it came out, current CIA Director John O. Brennan said the interrogations helped produce information that helped set the stage for the 2011 raid by Navy SEALs on Osama bin Laden's compound in Abbottabad, Pakistan.
Paul Merrell

The Legend of the Phoenix - 0 views

www.informationclearinghouse.info/article37154.htm

war & peace drone attacks Phoenix-Program counter-insurgency

shared by Paul Merrell on 21 Dec 13 - No Cached
  • It would seem the CIA has gone back into their archives, blown the dust off the Phoenix Program, and put it into play again as the “Drone War.” The similarities with the Drone War are readily evident to anyone old enough to know of the Phoenix Program. For those who aren’t old enough or who have forgotten, the Phoenix Program is usually referred to as an assassination program and was the subject of investigation by the Senate’s “Church Committee.” Indisputably, thousands of South Vietnamese civilians were killed under this CIA directed program.
  • Phoenix was far more than a mere assassination program , however. It was a Counter-Insurgency, COIN, program, using the tactic of counter-terrorism, including assassination, against the insurgent’s so-called infrastructure. This was the Vietnamese civilian population in which the insurgent, the Viet Cong guerilla, operated and from some of whom they drew their support. To the U.S., these civilians were the Viet Cong Infrastructure, the VCI. And the VCI was the target to be terrorized by any means necessary in the hope that they would turn against the Viet Cong. The VCI would have included the families, close and extended kinship groups, of alleged active Viet Cong combatants, fellow villagers, and other Vietnamese civilians who were not actively opposed to the Viet Cong. Some of this “support” was voluntary and some coerced. As the Phoenix Program went on, with its assassinations, torture practices, and “disappearances,” more support became voluntary as Vietnamese peasants turned against the U.S. and the South Vietnamese government as a result of the program. An error in identification of a victim was irrelevant to those in control of the program, the CIA, as it still served the purpose of terrorizing the civilian population, which was the true purpose of the program.
  • For the Viet Cong, this was a classic example of achieving the guerilla’s goal of having a civilian population turn against a government by a government’s own harsh over-reaction to the guerilla threat. Today, a guerilla and the people whom they are amongst are deemed “terrorists” if they find themselves on the wrong side of a domestic conflict that the U.S. has taken a side in, such as Yemen. As we saw in Libya, and see in Syria, these guerillas can become instant U.S. allies who must be supported, if, or when, the U.S. makes policy changes. But unless those U.S. policy changes occur, these groups remain part of the global terrorist network of “associated forces” with al Qaeda, in the eyes of CIA and military officials, and targeted with drones. From the relatively large number of civilian victims of drone attacks as claimed by residents of Pakistan’s Federally Administered Tribal Areas (FATA) and the political party, Pakistan Tehreek Insaf (PTI), this Drone Program has all the hallmarks of the Phoenix Program.
  • ...1 more annotation...
  • Without more transparency by the government, no other conclusion can be drawn that the reason we see so many civilians killed by drones, while denying it as John Brennan did, is because we are targeting civilians as the “infrastructure.” While Anwar al-Awlaki was declared to be an “operational leader,” with the extremely elastic category of “infrastructure” as used in Vietnam, his “operational” activity may have only been “spreading antigovernment propaganda and rumors,” as the Rand Corporation put it, which led to his extrajudicial execution. How many other American citizens might that reach?
  • Paul Merrell on 21 Dec 13
     
    Spot on analysis by a retired Navy lawyer who knows his U.S. military history.The striking parallels he points to between contemporary U.S. drone terrorism and the notorious Viet Nam War Phoenix Program terrorism are no accident. Among the super-hawks of the War Party, there has been a persistent meme that the U.S. military suffered no defeat in Viet Nam, that the vaunted "counter-insurgency" strategy and tactics were working, and that the war was lost by politicians and the American public who lost the nerve to continue the war.  If you put your blinders on firmly enough to pretend that the North and South Vietnamese were separate people, there's an element of truth to that myth. The South Vietnamese Viet Cong guerrillas were decimated by 1970. But the North and South Vietnamese were in fact one people of a single nation, who had united to defeat and evict the French military force. The division into two nations was to have been only a one-year thing, prelude to national election of a government for a reunited Viet Nam. It was the U.S. puppet government of the South that, realizing they could not win the election, reneged on allowing it in the South.  Long before the Viet Cong became a shadow of its former force, the Vietnamese from the North had responded to the betrayal of the treaty by sending North Vietnamese regular army troops ("NVA") to the South, spearheaded by the same battle-hardened men who had defeated the French. And the U.S. military was well and truly overwhelmed by the NVA's strategy and tactics, forced to retreat into strongholds from which they ventured only in force. The NVA's Tet Offensive in 1968 failed to succeed in the effort to capture multiple Vietnamese cities concurrently. But the number, weaponry, and power of their force caused Lyndon Johnson to realize that the U.S. generals had been lying to him, that the U.S. was not on the brink of victory, and that there was a very long slog ahead with an unknown outcome if the U.S. continu
Paul Merrell

CIA's Self-Authorization for Ice-Drowning Human Beings | emptywheel - 0 views

www.emptywheel.net/...-for-ice-drowning-human-beings

war & peace torture drownings CIA

shared by Paul Merrell on 02 Apr 14 - No Cached
  • The WaPo has a story that repeats what I’ve been harping on for over a year (and in some cases, has been clear even longer): the Senate Torture Report shows that CIA repeatedly lied to Congress. There are, however, ugly new details about the torture (though it’s not clear whether they show up in the report): particularly regarding the treatment of Ammar al-Baluchi. If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. The Pakistanis captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul. At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said. As with Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. The report notes that two other prisoners — members of the Libyan Islamic Fighting Group — were subjected to similar treatment at the same time.
  • Two other terrorism suspects, from Libya — Mohammed al-Shoroeiya and Khalid al-Sharif — endured similar treatment at Salt Pit, according to Human Rights Watch. One of the men said CIA interrogators “would pour buckets of very cold water over his nose and mouth to the point that he felt he would suffocate. Icy cold water was also poured over his body. He said it happened over and over again,” the report says. CIA doctors monitored their body temperatures so they wouldn’t suffer hypothermia. Ultimately, CIA got DOJ to authorize “water dousing” — in the manner that CIA always got DOJ to approve mere shadows of what they actually did, and the approval more closely matches the description of the LIFG prisoners — in the Bradbury Techniques Memo (see page 10). But not before it got used over and over at the Salt Pit (the same place where water dousing had already contributed to Gul Rahman’s death). Which is, I’m quite certain, one thing that CIA was doing with the Legal Principles document, a set of legal guidelines the CIA wrote for itself (with John Yoo’s freelance help) as the CIA’s legal problems started to mount. As I’ve noted, the first draft of the memos got hand-carried to John Yoo on April 28, 2003, just as these detainees were in the Salt Pit. There were several more discussions internally at CIA in anticipation of litigation before they tried (unsuccessfully) to create a fait accompli with Pat Philbin on June 16, 2003. At that point, the document only generally approved techniques equivalent to those already approved. As CIA would later explain,
  • We rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques. For example, using the applicable law and relying on OLC’s guidance, we concluded that the abdominal slap previously discussed with OLC (and mentioned in the June 2003 summary points) is a permissible interrogation technique. Similarly, in addition to the sitting and kneeling stress positions discussed earlier with OLC, the Agency has added to its list of approved interrogation techniques two standing stress positions involving the detainee leaning against a wall. I guess, in similar fashion, John Yoo and his CIA buddies believe ice-drowning is equivalent, as another kind of simulated drowning, to waterboarding, which had been approved? Then the next year, when Scott Muller tried the same trick with Jack Goldsmith — trying to get him to sign off on the techniques CIA had freelanced its own legal opinion — he asked to include water dousing (and another water-based technique and one still-redacted technique) explicitly. Of course, the description of water dousing fell far short of what the CIA was actually doing — dunking men in ice-water repeatedly — though the outlines, especially the concern about detainees ingesting water and hypothermia — show the outlines of the torture such language was meant to gloss. To understand the CIA’s torture program, you have to understand what these bureaucratic maneuvers were meant to cover. Now we know they were intended to authorize controlled drowning of men in ice water.
Paul Merrell

Wanted! Obama » CounterPunch: Tells the Facts, Names the Names - 0 views

www.counterpunch.org/...cyberwarfare-in-high-gear

surveillance state Obama China U.S.-foreign-policy cyberwar

shared by Paul Merrell on 23 May 14 - No Cached
  • It is as though Edward Snowden’s disclosures had never been made, or the US practices in themselves perpetrated. Yet AG Holder with all the majesty of office declares China engaged in criminal economic espionage against America, even DOJ issuing “wanted” posters, pictures and names, of five army officers to stand trial in Pennsylvania for cyberattacks on US corporations and the Steelworkers’ Union. More like it would be, the International Criminal Court issuing an Obama “wanted” poster for war crimes that include intervention, regime change, and assassination, and the World Trade Organization (if it were not dominated already by the US) for the exact kind of espionage Holder charges against China. If we are to be symmetrical, how about a Beijing court issuing subpoenas, accompanied by “wanted” posters for five members of OTNS (Obama Team National Security), say, Clapper, Rice, Comey, Brennan, and Dempsey? The chance of US honoring the request for the extradition of its five, is about as slim as China honoring the request for extraditing, though at a lower functional level in policy making and execution, its five—perhaps selected at random, unless the US has hacked into the computers of, or placed informants in (or both)–the People’s Liberation Army (PLA Unit61398).
  • Paul Merrell on 23 May 14
     
    Interesting essay on the foolishness of the Obama Administrations criminal charges against five Chinese generals for cyber-espionage. 
Paul Merrell

How a false witness helped the CIA make a case for torture | Al Jazeera America - 0 views

america.aljazeera.com/...false-witness-ciatorture.html

war & peace CIA torture NSA lies

shared by Paul Merrell on 24 Dec 14 - No Cached
  • Buried amid details of “rectal rehydration” and waterboarding that dominated the headlines over last week’s Senate Intelligence Committee findings was an alarming detail: Both the committee’s summary report and its rebuttal by the CIA admit that a source whose claims were central to the July 2004 resumption of the torture program  — and, almost certainly, to authorizing the Internet dragnet collecting massive amounts of Americans’ email metadata — fabricated claims about an election year plot. Both the torture program and President Bush's warrantless wiretap program, Stellar Wind, were partly halted from March through June of 2004. That March, Assistant Attorney General Jack Goldsmith prepared to withdraw Pentagon authorization for torture, amid growing concern following the publication of pictures of detainee abuse at Iraq's Abu Ghraib, and a May 2004 CIA inspector general report criticizing a number of aspects of the Agency's interrogation program. On June 4, 2004, CIA Director George Tenet suspended the use of torture techniques.
  • During the same period, the DOJ lawyers who pushed to stop torture were also persuading President George W. Bush to halt aspects of Stellar Wind, a program that conducted warrantless wiretapping of Americans’ communications inside the U.S., on top of the Internet metadata. After a dramatic confrontation in the hospital room of Attorney General John Ashcroft on March 10, 2004, acting Attorney General Jim Comey and Goldsmith informed Bush there was no legal basis for parts of the program. Ultimately, Bush agreed to modify aspects of it, in part by halting the collection of Internet metadata. But even as Bush officials suspended that part of the program on March 26, they quickly set about finding legal cover for its resumption. One way they did so was by pointing to imminent threats — such as a planned election-season attack — in the United States.
  • The CIA in March 2004 received reporting from a source the torture report calls "Asset Y,” who said a known Al-Qaeda associate in Pakistan, Janat Gul — whom CIA at the time believed was a key facilitator — had set up a meeting between Asset Y and Al-Qaeda's finance chief, and was helping plan attacks inside the United States timed to coincide with the November 2004 elections. According to the report, CIA officers immediately expressed doubts about the veracity of the information they’d been given by Asset Y. A senior CIA officer called the report "vague" and "worthless in terms of actionable intelligence." He noted that Al Qaeda had already issued a statement “emphasizing a lack of desire to strike before the U.S. election” and suggested that since Al-Qaeda was aware that “threat reporting causes panic in Washington” and inevitably results in leaks, planting a false claim of an election season attack would be a good way for the network to test whether Asset Y was working for its enemies. Another officer, assigned to the group hunting Osama bin Laden, also expressed doubts. In its rebuttal to the Senate report, the CIA argues the agency was right to take seriously Asset Y’s reporting , in spite of those initial doubts. The CIA wrote numerous reports about the claim “even as we worked to resolve the inconsistencies.” Reports from detainee Hassan Ghul, who was captured in January 2004, supported the possibility that a cell of Al-Qaeda members in Pakistan’s tribal areas might be planning a plot of which he was unaware. And the CIA corroborated other parts of Asset Y's reporting.
  • ...5 more annotations...
  • Still, the CIA had one further reason for doubting claims that Gul was at the center of an Al-Qaeda election-year plot. Ghu told the CIA about an attempt by Gul, in the fall of 2003, to sell anti-aircraft missiles to Al-Qaeda; the Qaeda figure in Ghul’s story didn't even want to work with Gul. And Ghul later learned Gul was probably lying about his ability to acquire the missiles.
  • Nevertheless, the CIA took seriously Asset Y’s claim that Gul was involved in an election plot and moved quickly to gain custody of him after his arrest by Pakistan in June 2004. Even before CIA rendered Gul to its custody, Tenet started lobbying to get torture techniques reapproved for his interrogation. On June 29, Tenet wrote National Security Adviser Condoleezza Rice seeking approval to once again use some of the techniques whose use he suspended less than four weeks earlier, in the hope of gathering information on the election season plot. "Given the magnitude of the danger posed by the pre-election plot and Gul's almost certain knowledge of any intelligence about that plot” Tenet wrote, relying on Asset Y's claims, “I request the fastest possible resolution of the above issues." On July 20, according to the report, top administration officials gave CIA verbal approval to get back into the torture business. Ashcroft stated that most previously approved interrogation techniques would not violate U.S. law on July 22 (though not waterboarding). And by the end of July, CIA started coaxing DOJ to approve other techniques — such as slapping someone in the stomach or hosing them down with cold water or limiting their food — which had already been used by the CIA but never officially approved by DOJ.
  • At the same time, the government was also using the ostensible election-season plot, among others, to persuade the Foreign Intelligence Surveillance Court (FISC) – the secret court that approves domestic spying on Americans – to authorize the Internet dragnet. After Bush halted the Internet dragnet on March 26, his aides began working with FISC presiding judge Colleen Kollar-Kotelly to find a way to use FISA authority -- normally been used to access records for a single phone or Internet account -- to collect Internet metadata in bulk. They provided a series of briefings, including one attended by Terrorist Threat Integration Center head John Brennan and CIA Director George Tenet, to explain the threat. In addition, they provided what – under Stellar Wind – analysts called a “scary memo,” summarizing all the threats facing the country to underscore the urgency of the program. Tenet's declaration included as an appendix to an application submitted in the days before July 14, 2004, laid out the threats CIA and others were fighting that summer.
  • Judge Kollar-Kotelly invoked Tenet's material in a redacted section of her opinion authorizing the phone dragnet, pointing to it as a key reason to permit collection of what she called “enormous” amounts of data from innocent Americans.
  • Soon after the reauthorization of the torture and the Internet dragnet, the CIA realized ASSET Y's story wasn't true. By September, an officer involved in Janat Gul's interrogation observed, “we lack credible information that ties him to pre-election threat information or direct operational planning against the United States, at home or abroad.” In October, CIA reassessed ASSET Y, and found him to be deceptive. When pressured, ASSET Y admitted had had made up the story of a meeting set up by Gul. ASSET Y blamed his CIA handler for pressuring him for intelligence, leading him to lie about the meeting. By 2005, CIA had concluded that ASSET Y was a fabricator, and Janat Gul was a “rather poorly educated village man [who is] quite lazy [who] was looking to make some easy money for little work and he was easily persuaded to move people and run errands for folks on our target list” (though the Agency wasn't always forthright about the judgment to DOJ). The torture program, which was resumed in part because of a perceived urgency of extracting information from Gul on a plot that didn't exist, continued for several more years. The Internet dragnet continued under FISC authorization, on and off, until December 2011. And several other still active NSA programs, including the phone dragnet, relied on Kollar-Kotelly's earlier authorization as precedents – the case for which had also been derived, in part, from one long discredited fabricator.
Paul Merrell

Renditions continue under Obama, despite due-process concerns - The Washington Post - 0 views

www.washingtonpost.com/...2-984e-f1de82a7c98a_story.html

war & peace rendition Obama

shared by Paul Merrell on 10 Aug 14 - No Cached
  • The secret arrests and detentions came to light Dec. 21 when the suspects made a brief appearance in a Brooklyn courtroom. The men are the latest example of how the Obama administration has embraced rendition — the practice of holding and interrogating terrorism suspects in other countries without due process — despite widespread condemnation of the tactic in the years after the Sept. 11, 2001, attacks. Renditions are taking on renewed significance because the administration and Congress have not reached agreement on a consistent legal pathway for apprehending terrorism suspects overseas and bringing them to justice.
  • “In a way, rendition has become even more important than before,” said Clara Gutteridge, director of the London-based Equal Justice Forum, a human rights group that investigates national security cases and that opposes the practice. Because of the secrecy involved, it is not known how many renditions have taken place during Obama’s first term. But his administration has not disavowed the practice. In 2009, a White House task force on interrogation and detainee transfers recommended that the government be allowed to continue using renditions, but with greater oversight, so that suspects were not subject to harsh interrogation techniques, as some were during the George W. Bush administration.
Paul Merrell

Spies Among Us: How Community Outreach Programs to Muslims Blur Lines between Outreach ... - 0 views

firstlook.org/...ur-lines-outreach-intelligence

surveillance state FBI community-outreach-funding intelligence-front terrorists™

shared by Paul Merrell on 23 Jan 15 - No Cached
  • ast May, after getting a ride to school with his dad, 18-year-old Abdullahi Yusuf absconded to the Minneapolis-St. Paul airport to board a flight to Turkey. There, FBI agents stopped Yusuf and later charged him with conspiracy to provide material support to a foreign terrorist organization—he was allegedly associated with another Minnesota man believed to have gone to fight for the Islamic State in Syria. To keep other youth from following Yusuf’s path, U.S. Attorney Andrew Luger recently said that the federal government would be launching a new initiative to work with Islamic community groups and promote after-school programs and job training–to address the “root causes” of extremist groups’ appeal. “This is not about gathering intelligence, it’s not about expanding surveillance or any of the things that some people want to claim it is,” Luger said. Luger’s comments spoke to the concerns of civil liberties advocates, who believe that blurring the line between engagement and intelligence gathering could end up with the monitoring of innocent individuals. If past programs in this area are any guide, those concerns are well founded.
  • Documents obtained by attorneys at the Brennan Center for Justice at New York University School of Law, and shared with the Intercept, show that previous community outreach efforts in Minnesota–launched in 2009 in response to the threat of young Americans joining the al-Qaeda-linked militia al-Shabab, in Somalia—were, in fact, conceived to gather intelligence.
  • Paul Merrell on 23 Jan 15
     
    Feed Bag, Inc. targeting Muslims in the name of battling terrorists™. Heads should roll for this but they won't. Cluestick: the root cause of Islamic "terrorism" in the U.S. has proven, over the years, to mostly be attributable to the FBI and its sting operations that walk the fine legal line of entrapment. What to do when you're showered with billions of dollars to catch terrorists in the U.S. and you can't find any? Send the money back and say "we don't need this?" Or go out and invent some terrorists by persuading young and dumb Muslims to prepare to commit an act of terrorism, then swoop in and arrest them before their "attack" happens, then advertise that you've saved the U.S. from another terrorist attack? I bet that approach would be just as effective with young and dumb white Christians too.  But no need, young and dumb white Christians never commit acts of terr .... er, ulp! https://en.wikipedia.org/wiki/Timothy_McVeigh
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Inter... - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

US Intel Vets Oppose Brennan's CIA Plan | Consortiumnews - 0 views

consortiumnews.com/...-vets-oppose-brennans-cia-plan

CIA restructuring VIPS

shared by Paul Merrell on 10 Mar 15 - No Cached
  • The original idea of the CIA was to have independent-minded experts assessing both short- and longer-term threats to U.S. national security. Mixing with operations and politics was always a danger, which is now highlighted by CIA Director Brennan’s reorganization, opposed by a group of U.S. intelligence veterans.MEMORANDUM FOR: The PresidentFROM: Veteran Intelligence Professionals for SanitySUBJECT: John Brennan’s Restructuring Plan for CIA
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