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Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

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    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ou... - 0 views

  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
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    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
Paul Merrell

Inside the Battle Over the CIA Torture Report - Bloomberg View - 0 views

  • After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists. Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee's Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee's chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.
  • Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless. In a victory for the CIA, Feinstein reluctantly agreed to allow the redactions of the pseudonyms of agency personnel mentioned in the report. The CIA maintained that any reference to individuals working under cover that offered clues to their identities could place them in harm’s way. “We need to understand the role that particular countries played across time. Even having pseudonyms for countries in the report is important for a full accounting,” said Raha Wala, senior counsel at Human Rights First, which advocated on behalf of the report’s declassification.
  • The CIA and some Republican senators had argued that even such masked identifications could be deciphered, leading to compromised relationships with those countries’ governments. In June 2013, the top intelligence official at the State Department, Philip Goldberg, wrote a classified letter to Congress warning against the disclosure of the names of countries who had participated in the program.
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  • John Rizzo, who served as the CIA's acting general counsel during the black-site program and later wrote a memoir, "Company Man," said the agency has long fought against declassifying any information on the locations of the secret prisons overseas. "That was something we had fought for years and years," Rizzo told us. "Up to now one of the only remaining classified facts about the program was the names of countries where there were black sites." Rizzo said the concern about even referencing the locations of the black sites is that one could piece together the locations with other information that is likely to be in the final public report. One Republican Senate staffer familiar with the negotiations over the report said Feinstein's office relented on some concerns about redacting information that could identify countries hosting the black sites. "Do you scrub enough information to prevent that information from being released?" the staffer said. "It ended up as a half-step in-between, some of the stuff she wanted released and some of the information identifying the countries has been redacted."
  • There is also a risk that any information about foreign countries that aided the CIA programs, even using code names,  could be matched against public reporting that already exists to make them more identifiable. There have been news reports about cooperation by the governments of Poland,  Lithuania, Romania, Thailand and others. "Just because something is leaked doesn’t mean it’s still not secret," Rizzo said. "A national security secret is still a national security secret until the government says otherwise."
  • Originally there had been bipartisan support for the majority staff’s investigation, and the committee’s Republican staff was initially part of the investigation -- but it withdrew early in the process. Even after the Republican staff disowned the investigation, some Republican senators continued to support declassification, including John McCain and Lindsey Graham.
  • The release will not include internal CIA documents that the agency accused Feinstein’s staff of improperly removing from a CIA facility that had been set up for the investigators to work at. Feinstein said that her staff had removed the documents, including a review by Panetta, only after CIA officials tried to surreptitiously remove them from computers being used by the committee’s staff. “What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing,” Feinstein said on the Senate floor in July. “The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us.”
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    Nations that knowingly hosted the CIA "black sites" won't be named, as though their own citizens should be deprived of that information. I still maintain that there would be no need for redacting CIA agents' names who participated in the torture if they were named in criminal complaints as they are required to be by the Convention Against Torture, which -- through the Constitution's Treaty Clause, is "the law of this land." 
Paul Merrell

CIA misled on interrogation program, Senate report says - The Washington Post - 0 views

  • A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques. The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.
  • “The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”
  • Several officials who have read the document said some of its most troubling sections deal not with detainee abuse but with discrepancies between the statements of senior CIA officials in Washington and the details revealed in the written communications of lower-level employees directly involved.Officials said millions of records make clear that the CIA’s ability to obtain the most valuable intelligence against al-Qaeda — including tips that led to the killing of Osama bin Laden in 2011 — had little, if anything, to do with “enhanced interrogation techniques.”The report is divided into three volumes — one that traces the chronology of interrogation operations, another that assesses intelligence officials’ claims and a third that contains case studies on virtually every prisoner held in CIA custody since the program began in 2001. Officials said the report was stripped of certain details, including the locations of CIA prisons and the names of agency employees who did not hold ­supervisor-level positions.One official said that almost all of the critical threat-related information from Abu Zubaida was obtained during the period when he was questioned by Soufan at a hospital in Pakistan, well before he was interrogated by the CIA and waterboarded 83 times.Information obtained by Soufan, however, was passed up through the ranks of the U.S. intelligence community, the Justice Department and Congress as though it were part of what CIA interrogators had obtained, according to the committee report.
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  • The Senate Intelligence Committee is expected to vote Thursday to send an executive summary of the report to Obama for declassification. U.S. officials said it could be months before that section, which contains roughly 20 conclusions and spans about 400 pages, is released to the public. The report’s release also could resurrect a long-standing feud between the CIA and the FBI, where many officials were dismayed by the agency’s use of methods that Obama and others later labeled torture. CIA veterans have expressed concern that the report reflects FBI biases. One of its principal authors is a former FBI analyst,
  • “The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said a second U.S. official who has reviewed the report. The official described the persistence of such misstatements as among “the most damaging” of the committee’s conclusions.Detainees’ credentials also were exaggerated, officials said. Agency officials described Abu Zubaida as a senior al-Qaeda operative — and, therefore, someone who warranted coercive techniques — although experts later determined that he was essentially a facilitator who helped guide recruits to al-Qaeda training camps.The CIA also oversold the role of Abd al-Rahim al-Nashiri in the 2000 bombing of the USS Cole in Yemen, which killed 17 U.S. sailors. CIA officials claimed he was the “mastermind.” The committee described a similar sequence in the interrogation of Hassan Ghul, an al-Qaeda operative who provided a critical lead in the search for bin Laden: the fact that the al-Qaeda leader’s most trusted courier used the moniker “al-Kuwaiti.” But Ghul disclosed that detail while being interrogated by Kurdish authorities in northern Iraq who posed questions scripted by CIA analysts. The information from that period was subsequently conflated with lesser intelligence gathered from Ghul at a secret CIA prison in Romania, officials said. Ghul was later turned over to authorities in Pakistan, where he was subsequently released. He was killed by a CIA drone strike in 2012.
  • Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, has previously indicated that harsh CIA interrogation measures were of little value in the bin Laden hunt. “The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques,” Feinstein said in a 2013 statement, responding in part to scenes in the movie “Zero Dark Thirty” that depict a detainee’s slip under duress as a breakthrough moment.
  • As with Abu Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. On Sept. 22, 2003, he was flown from Kabul to a CIA black site in Romania. In 2006, he was taken to the U.S. military prison at Guantanamo Bay, Cuba. His attorneys contend that he suffered head trauma while in CIA custody. Last year, the Senate Intelligence Committee asked Baluchi’s attorneys for information about his medical condition, but military prosecutors opposed the request. A U.S. official said the request was not based solely on the committee’s investigation of the CIA program.
  • Officials said a former CIA interrogator named Charlie Wise was forced to retire in 2003 after being suspected of abusing Abu Zubaida using a broomstick as a ballast while he was forced to kneel in a stress position. Wise was also implicated in the abuse at Salt Pit. He died of a heart attack shortly after retiring from the CIA, former U.S. intelligence officials said.
Paul Merrell

The American Deep State, Deep Events, and Off-the-Books Financing | Global Research - 0 views

  • It is alleged that some of the bail money that released Sturgis and the other Watergate burglars was drug money from the CIA asset turned drug trafficker, Manuel Artime, and delivered by Artime’s money-launderer, Ramón Milián Rodríguez. After the Iran-Contra scandal went public, Milián Rodríguez was investigated by a congressional committee – not for Watergate, but because, in support of the Contras, he had managed two Costa Rican seafood companies, Frigorificos and Ocean Hunter, that laundered drug money.6
  • In the 1950s Wall Street was a dominating complex. It included not just banks and other financial institutions but also the oil majors whose cartel arrangements were successfully defended against the U.S. Government by the Wall Street law firm Sullivan and Cromwell, home to the Dulles brothers. The inclusion of Wall Street conforms with Franklin Roosevelt’s observation in 1933 to his friend Col. E.M. House that “The real truth … is, as you and I know, that a financial element in the larger centers has owned the Government ever since the days of Andrew Jackson.”18 FDR’s insight is well illustrated by the efficiency with which a group of Wall Street bankers (including Nelson Rockefeller’s grandfather Nelson Aldrich) were able in a highly secret meeting in 1910 to establish the Federal Reserve System – a system which in effect reserved oversight of the nation’s currency supply and of all America’s banks in the not impartial hands of its largest.19 The political clout of the quasi-governmental Federal Reserve Board was clearly demonstrated in 2008, when Fed leadership secured instant support from two successive administrations for public money to rescue the reckless management of Wall Street banks: banks Too Big To Fail, and of course far Too Big To Jail, but not Too Big To Bail.20
  • since its outset, the CIA has always had access to large amounts of off-the books or offshore funds to support its activities. Indeed, the power of the purse has usually worked in an opposite sense, since those in control of deep state offshore funds supporting CIA activities have for decades also funded members of Congress and of the executive – not vice versa. The last six decades provide a coherent and continuous picture of historical direction being provided by this deep state power of the purse, trumping and sometimes reversing the conventional state. Let us resume some of the CIA’s sources of offshore and off-the-books funding for its activities. The CIA’s first covert operation was the use of “over $10 million in captured Axis funds to influence the [Italian] election [of 1948].”25 (The fundraising had begun at the wealthy Brook Club in New York; but Allen Dulles, then still a Wall Street lawyer, persuaded Washington, which at first had preferred a private funding campaign, to authorize the operation through the National Security Council and the CIA.)26 Dulles, together with George Kennan and James Forrestal, then found a way to provide a legal source for off-the-books CIA funding, under the cover of the Marshall Plan. The three men “helped devise a secret codicil [to the Marshall Plan] that gave the CIA the capability to conduct political warfare. It let the agency skim millions of dollars from the plan.”27
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  • The international lawyers of Wall Street did not hide from each other their shared belief that they understood better than Washington the requirements for running the world. As John Foster Dulles wrote in the 1930s to a British colleague, The word “cartel” has here assumed the stigma of a bogeyman which the politicians are constantly attacking. The fact of the matter is that most of these politicians are highly insular and nationalistic and because the political organization of the world has under such influence been so backward, business people who have had to cope realistically with international problems have had to find ways for getting through and around stupid political barriers.21
  • In the 1960s and especially the 1970s America began to import more and more oil from the Middle East. But the negative effect on the U.S. balance of payments was offset by increasing arms and aviation sales to Iran and Saudi Arabia. Contracts with companies like Northrop and especially Lockheed (the builder of the CIA’s U-2) included kickbacks to arms brokers, like Kodama Yoshio in Japan and Adnan Khashoggi in Saudi Arabia, who were also important CIA agents. Lockheed alone later admitted to the Church Committee that it had provided $106 million in commissions to Khashoggi between 1970 and 1975, more than ten times what it had paid to the next most important connection, Kodama.31 These funds were then used by Khashoggi and Kodama to purchase pro-Western influence. But Khashoggi, advised by a team of ex-CIA Americans like Miles Copeland and Edward Moss, distributed cash, and sometimes provided women, not just in Saudi Arabia but around the world – including cash to congressmen and President Nixon in the United States.32 Khashoggi in effect served as a “cutout,” or representative, in a number of operations forbidden to the CIA and the companies he worked with. Lockheed, for one, was conspicuously absent from the list of military contractors who contributed illicitly to Nixon’s 1972 election campaign. But there was no law prohibiting, and nothing else to prevent their official representative, Khashoggi, from cycling $200 million through the bank of Nixon’s friend Bebe Rebozo.33
  • The most dramatic use of off-the-books drug profits to finance foreign armies was seen in the 1960s CIA-led campaign in Laos. There the CIA supplied airstrips and planes to support a 30,000-man drug-financed Hmong army. At one point Laotian CIA station chief Theodore Shackley even called in CIA aircraft in support of a ground battle to seize a huge opium caravan on behalf of the larger Royal Laotian Army.30
  • At the time of the Marshall Plan slush fund in Europe, the CIA also took steps which resulted in drug money to support anti-communist armies in the Far East. In my book American War Machine I tell how the CIA, using former OSS operative Paul Helliwell, created two proprietary firms as infrastructure for a KMT army in Burma, an army which quickly became involved in managing and developing the opium traffic there. The two firms were SEA Supply Inc. in Bangkok and CAT Inc. (later Air America) in Taiwan. Significantly, the CIA split ownership of CAT Inc.’s plane with KMT bankers in Taiwan – this allowed the CIA to deny responsibility for the flights when CAT planes, having delivered arms from Sea Supply to the opium-growing army, then returned to Taiwan with opium for the KMT. Even after the CIA officially severed its connection to the KMT Army in 1953, its proprietary firm Sea Supply Inc. supplied arms for a CIA-led paramilitary force, PARU, that also was financed, at least in part, by the drug traffic.28 Profits from Thailand filtered back, in part through the same Paul Helliwell, as donations to members from both parties in Congress. Thai dictator Phao Sriyanon, a drug trafficker who was then alleged to be the richest man in the world, hired lawyer Paul Helliwell…as a lobbyist in addition to [former OSS chief William] Donovan [who in 1953-55 was US Ambassador to Thailand]. Donovan and Helliwell divided the Congress between them, with Donovan assuming responsibility for the Republicans and Helliwell taking the Democrats.29
  • The power exerted by Khashoggi was not limited to his access to funds and women. By the 1970s, Khashoggi and his aide Edward Moss owned the elite Safari Club in Kenya.34 The exclusive club became the first venue for another and more important Safari Club: an alliance between Saudi and other intelligence agencies that wished to compensate for the CIA’s retrenchment in the wake of President Carter’s election and Senator Church’s post-Watergate reforms.35
  • As former Saudi intelligence chief Prince Turki bin Faisal once told Georgetown University alumni, In 1976, after the Watergate matters took place here, your intelligence community was literally tied up by Congress. It could not do anything. It could not send spies, it could not write reports, and it could not pay money. In order to compensate for that, a group of countries got together in the hope of fighting Communism and established what was called the Safari Club. The Safari Club included France, Egypt, Saudi Arabia, Morocco, and Iran.36 Prince Turki’s candid remarks– “your intelligence community was literally tied up by Congress. …. In order to compensate for that, a group of countries got together … and established what was called the Safari Club.” – made it clear that the Safari Club, operating at the level of the deep state, was expressly created to overcome restraints established by political decisions of the public state in Washington (decisions not only of Congress but also of President Carter).
  • Specifically Khashoggi’s activities involving corruption by sex and money, after they too were somewhat curtailed by Senator Church’s post-Watergate reforms, appear to have been taken up quickly by the Bank of Credit and Commerce International (BCCI), a Muslim-owned bank where Khashoggi’s friend and business partner Kamal Adham, the Saudi intelligence chief and a principal Safari Club member, was a part-owner.37 In the 1980s BCCI, and its allied shipping empire owned by the Pakistani Gokal brothers, supplied financing and infrastructure for the CIA’s (and Saudi Arabia’s) biggest covert operation of the decade, support for the Afghan mujahedin. To quote from a British book excerpted in the Senate BCCI Report: “BCCI’s role in assisting the U.S. to fund the Mujaheddin guerrillas fighting the Soviet occupation is drawing increasing attention. The bank’s role began to surface in the mid-1980′s when stories appeared in the New York Times showing how American security operatives used Oman as a staging post for Arab funds. This was confirmed in the Wall Street Journal of 23 October 1991 which quotes a member of the late General Zia’s cabinet as saying ‘It was Arab money that was pouring through BCCI.’ The Bank which carried the money on from Oman to Pakistan and into Afghanistan was National Bank of Oman, where BCCI owned 29%.”38
  • In 1981 Vice-president Bush and Saudi Prince Bandar, working together, won congressional approval for massive new arms sales of AWACS (airborne warning and control system) aircraft to Saudi Arabia. In the $5.5 billion package, only ten percent covered the cost of the planes. Most of the rest was an initial installment on what was ultimately a $200 billion program for military infrastructure through Saudi Arabia.41 It also supplied a slush fund for secret ops, one administered for over a decade in Washington by Prince Bandar, after he became the Saudi Ambassador (and a close friend of the Bush family, nicknamed “Bandar Bush”). In the words of researcher Scott Armstrong, the fund was “the ultimate government-off-the-books.” Not long after the AWACS sale was approved, Prince Bandar thanked the Reagan administration for the vote by honoring a request by William Casey that he deposit $10 million in a Vatican bank to be used in a campaign against the Italian Communist Party. Implicit in the AWACS deal was a pledge by the Saudis to fund anticommunist guerrilla groups in Afghanistan, Angola, and elsewhere that were supported by the Reagan Administration.42 The Vatican contribution, “for the CIA’s long-time clients, the Christian Democratic Party,” of course continued a CIA tradition dating back to 1948.
  • The activities of the Safari Club were exposed after Iranians in 1979 seized the records of the US Embassy in Tehran. But BCCI support for covert CIA operations, including Iran-Contra, continued until BCCI’s criminality was exposed at the end of the decade. Meanwhile, with the election of Ronald Reagan in 1980, Washington resumed off-budget funding for CIA covert operations under cover of arms contracts to Saudi Arabia. But this was no longer achieved through kickbacks to CIA assets like Khashoggi, after Congress in 1977 made it illegal for American corporations to make payments to foreign officials. Instead arrangements were made for payments to be returned, through either informal agreements or secret codicils in the contracts, by the Saudi Arabian government itself. Two successive arms deals, the AWACS deal of 1981 and the al-Yamamah deal of 1985, considerably escalated the amount of available slush funds.
  • It is reported in two books that the BCCI money flow through the Bank of Oman was handled in part by the international financier Bruce Rappaport, who for a decade, like Khashoggi, kept a former CIA officer on his staff.39 Rappaport’s partner in his Inter Maritime Bank, which interlocked with BCCI, was E.P. Barry, who earlier had been a partner in the Florida money-laundering banks of Paul Helliwell.40
  • After a second proposed major U.S. arms sale met enhanced opposition in Congress in 1985 from the Israeli lobby, Saudi Arabia negotiated instead a multi-billion pound long-term contract with the United Kingdom – the so-called al-Yamamah deal. Once again overpayments for the purchased weapons were siphoned off into a huge slush fund for political payoffs, including “hundreds of millions of pounds to the ex-Saudi ambassador to the US, Prince Bandar bin Sultan.”43 According to Robert Lacey, the payments to Prince Bandar were said to total one billion pounds over more than a decade.44 The money went through a Saudi Embassy account in the Riggs Bank, Washington; according to Trento, the Embassy’s use of the Riggs Bank dated back to the mid-1970s, when, in his words, “the Saudi royal family had taken over intelligence financing for the United States.”45 More accurately, the financing was not for the United States, but for the American deep state.
  • This leads me to the most original and important thing I have to say. I believe that these secret funds from BCCI and Saudi arms deals – first Khashoggi’s from Lockheed and then Prince Bandar’s from the AWACS and al-Yamamah deals – are the common denominator in all of the major structural deep events (SDEs) that have afflicted America since the supranational Safari Club was created in l976. I am referring specifically to 1) the covert US intervention in Afghanistan (which started about 1978 as a Safari Club intervention, more than a year before the Russian invasion), 2) the 1980 October Surprise, which together with an increase in Saudi oil prices helped assure Reagan’s election and thus give us the Reagan Revolution, 3) Iran-Contra in 1984-86, 4) and – last but by no means least – 9/11. That is why I believe it is important to analyze these events at the level of the supranational deep state. Let me just cite a few details.
  • 1) the 1980 October Surprise. According to Robert Parry, Alexandre de Marenches, the principal founder of the Safari Club, arranged for William Casey (a fellow Knight of Malta) to meet with Iranian and Israeli representatives in Paris in July and October 1980, where Casey promised delivery to Iran of needed U.S. armaments, in exchange for a delay in the return of the U.S. hostages in Iran until Reagan was in power. Parry suspects a role of BCCI in both the funding of payoffs for the secret deal and the subsequent flow of Israeli armaments to Iran.46 In addition, John Cooley considers de Marenches to be “the Safari Club player who probably did most to draw the US into the Afghan adventure.”47 2) the Iran-Contra scandal (including the funding of the Contras, the illegal Iran arms sales, and support for the Afghan mujahideen There were two stages to Iran-Contra. For twelve months in 1984-85, after meeting with Casey, King Fahd of Saudi Arabia, in the spirit of the AWACS deal, supported the Nicaraguan Contras via Prince Bandar through a BCCI bank account in Miami. But in April 1985, after the second proposed arms sale fell through, McFarlane, fearing AIPAC opposition, terminated this direct Saudi role. Then Khashoggi, with the help of Miles Copeland, devised a new scheme in which Iranian arms sales involving Israel would fund the contras. The first stage of Iran-Contra was handled by Prince Bandar through a BCCI account in Miami; the second channel was handled by Khashoggi through a different BCCI account in Montecarlo. The Kerry-Brown Senate Report on BCCI also transmitted allegations from a Palestinian-American businessman, Sam Bamieh, that Khashoggi’s funds from BCCI for arms sales to Iran came ultimately from King Fahd of Saudi Arabia, who “was hoping to gain favor with Ayatollah Ruhollah Khomeini.”48
  • 3) 9/11 When the two previously noted alleged hijackers or designated culprits, al-Mihdhar and al-Hazmi, arrived in San Diego, a Saudi named Omar al-Bayoumi both housed them and opened bank accounts for them. Soon afterwards Bayoumi’s wife began receiving monthly payments from a Riggs bank account held by Prince Bandar’s wife, Princess Haifa bint Faisal.49 In addition, Princess Haifa sent regular monthly payments of between $2,000 and $3,500 to the wife of Osama Basnan, believed by various investigators to be a spy for the Saudi government. In all, “between 1998 and 2002, up to US $73,000 in cashier cheques was funneled by Bandar’s wife Haifa … – to two Californian families known to have bankrolled al-Midhar and al-Hazmi.”50 Although these sums in themselves are not large, they may have been part of a more general pattern. Author Paul Sperry claims there was possible Saudi government contact with at least four other of the alleged hijackers in Virginia and Florida. For example, “9/11 ringleader Mohamed Atta and other hijackers visited s home owned by Esam Ghazzawi, a Saudi adviser to the nephew of King Fahd.”51
  • But it is wrong to think of Bandar’s accounts in the Riggs Bank as uniquely Saudi. Recall that Prince Bandar’s payments were said to have included “a suitcase containing more than $10 million” that went to a Vatican priest for the CIA’s long-time clients, the Christian Democratic Party.52 In 2004, the Wall Street Journal reported that the Riggs Bank, which was by then under investigation by the Justice Department for money laundering, “has had a longstanding relationship with the Central Intelligence Agency, according to people familiar with Riggs operations and U.S. government officials.”53 Meanwhile President Obiang of Equatorial Guinea “siphoned millions from his country’s treasury with the help of Riggs Bank in Washington, D.C.”54 For this a Riggs account executive, Simon Kareri, was indicted. But Obiang enjoyed State Department approval for a contract with the private U.S. military firm M.P.R.I., with an eye to defending offshore oil platforms owned by ExxonMobil, Marathon, and Hess.55 Behind the CIA relationship with the Riggs Bank was the role played by the bank’s overseas clients in protecting U.S. investments, and particularly (in the case of Saudi Arabia and Equatorial Guinea), the nation’s biggest oil companies.
  • The issue of Saudi Embassy funding of at least two (and possibly more) of the alleged 9/11 hijackers (or designated culprits) is so sensitive that, in the 800-page Joint Congressional Inquiry Report on 9/11, the entire 28-page section dealing with Saudi financing was very heavily redacted.56 A similar censorship occurred with the 9/11 Commission Report: According to Philip Shenon, several staff members felt strongly that they had demonstrated a close Saudi government connection to the hijackers, but a senior staff member purged almost all of the most serious allegations against the Saudi government, and moved the explosive supporting evidence to the report’s footnotes.57 It is probable that this cover-up was not designed for the protection of the Saudi government itself, so much as of the supranational deep state connection described in this essay, a milieu where American, Saudi, and Israeli elements all interact covertly. One sign of this is that Prince Bandar himself, sensitive to the anti-Saudi sentiment that 9/11 caused, has been among those calling for the U.S. government to make the redacted 28 pages public.58
  • This limited exposure of the nefarious use of funds generated from Saudi arms contracts has not created a desire in Washington to limit these contracts. On the contrary, in 2010, the second year of the Obama administration, The Defense Department … notified Congress that it wants to sell $60 billion worth of advanced aircraft and weapons to Saudi Arabia. The proposed sale, which includes helicopters, fighter jets, radar equipment and satellite-guided bombs, would be the largest arms deal to another country in U.S. history if the sale goes through and all purchases are made.59 The sale did go through; only a few congressmen objected.60 The deep state, it would appear, is alive and well, and impervious to exposures of it. It is clear that for some decades the bottom-upwards processes of democracy have been increasingly supplanted by the top-downwards processes of the deep state.
  • But the deeper strain in history, I would like to believe, is in the opposite direction: the ultimate diminution of violent top-down forces by the bottom-up forces of an increasingly integrated civil society.61 In the last months we have had Wikileaks, then Edward Snowden, and now the fight between the CIA and its long-time champion in Congress, Dianne Feinstein. It may be time to see a systemic correction, much as we did after Daniel Ellsberg’s release of the Pentagon Papers, which was followed by Watergate and the Church Committee reforms. I believe that to achieve this correction there must be a better understanding of deep events and of the deep state. Ultimately, however, whether we see a correction or not will depend, at least in part, on how much people care.
Paul Merrell

Revealed: Senate report contains new details on CIA black sites | Al Jazeera America - 0 views

  • A Senate Intelligence Committee report provides the first official confirmation that the CIA secretly operated a black site prison out of Guantánamo Bay, two U.S. officials who have read portions of the report have told Al Jazeera. The officials — who spoke on condition of anonymity because the 6,600-page report on the CIA’s detention and interrogation program remains classified — said top-secret agency documents reveal that at least 10 high-value targets were secretly held and interrogated at Guantánamo’s Camp Echo at various times from late 2003 to 2004. They were then flown to Rabat, Morocco, before being officially sent to the U.S. military’s detention facility at Guantánamo in September 2006. In September 2006, President George W. Bush formally announced that 14 CIA captives had been transferred to Guantánamo and would be prosecuted before military tribunals. He then acknowledged for the first time that the CIA had been operating a secret network of prisons overseas to detain and interrogate high-value targets.
  • The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations — based on flight logs and unnamed government sources — have routinely been denied by the CIA. The CIA and State Department declined Al Jazeera’s requests for comment. The Intelligence Committee last week voted 11 to 3 to declassify the report’s 480-page executive summary and 20 conclusions and findings, which incorporate responses from Republican members of the committee and from the CIA. The executive summary will undergo a declassification review, led by the CIA, with input from the State Department and the Office of the Director of National Intelligence, the U.S. officials said. The panel’s chairwoman, Democratic Sen. Dianne Feinstein, said in a statement last Thursday that the full 6,600-page report, with 37,000 footnotes, “will be held for declassification at a later time.”
  • Leaked details of the committee’s report have caused waves in countries like Poland, where the CIA is known to have operated a black site prison — which Polish officials continue to deny having known about. The U.S. officials who spoke to Al Jazeera said that the Senate report reveals 20 prisoners were secretly detained in Poland from 2002 to 2005. They added that Polish officials recently sought assurances from diplomats and visiting U.S. officials that the Senate report would conceal details about Poland’s role in allowing the CIA black site to be operated on Polish soil. Al Jazeera’s sources said U.S. officials reassured their Polish counterparts last year that it was almost certain that the declassified version of the report would not identify the countries that cooperated with the CIA’s detention and interrogation program.
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  • According to the Senate report, Al Jazeera’s sources said, a majority of the more than 100 detainees held in CIA custody were detained in secret prisons in Afghanistan and Morocco, where they were subject to torture methods not sanctioned by the Justice Department. Those methods are recalled by the report in vivid narratives lifted from daily logs of the detention and interrogation of about 34 high-value prisoners. The report allegedly notes that about 85 detainees deemed low-value passed through the black sites and were later dumped at Guantánamo or handed off to foreign intelligence services. More than 10 of those handed over to foreign intelligence agencies “to face terrorism charges” are now “unaccounted for” and presumed dead, the U.S. officials said. The Senate report says more than two dozen of these men designated low-value had, in fact, been wrongfully detained and rendered to other countries on the basis of intelligence obtained from CIA captives under torture and from information shared with CIA officials by other governments, both of which turned out to be false. The report allegedly singles out a top CIA official for botching a handful of renditions and outlines agency efforts to cover up the mistakes. The Senate report allegedly accuses “senior CIA officials” of lying during multiple closed-session briefings to members of Congress from 2003 to 2005 about the use of certain “enhanced” interrogation techniques. The report says an agency official lied to Congress in 2005 when he insisted the U.S. was adhering to international treaties barring cruel and degrading treatment of prisoners, the U.S. officials told Al Jazeera.
  • The report not only accuses certain CIA officials of deliberately misleading Congress; Al Jazeera’s sources say it also suggests that the agency sanctioned leaks to selected journalists about phantom plots supposedly disrupted as a result of information gained through the program in order to craft a narrative of success. The Senate report, like a 2009 Senate Armed Services Committee report (PDF), says Air Force psychologists under contract to the CIA reverse-engineered a decades-old resistance-training program taught to U.S. airmen known as survival evasion resistance escape (SERE). According to a SERE training document obtained by Al Jazeera titled “Coercive Exploitation Techniques,” Air Force personnel were taught that communist regimes used “deprivations” of “food, water, sleep and medical care” as well as “the use of threats” in order to weaken a captive’s mental and physical ability to resist interrogation. “Isolation” would be used, according to the SERE program, to deprive the “recipient of all social support” so that he develops a “dependency” on his interrogator. And “physical duress, violence and torture” are used to weaken “mental and physical ability to resist exploitation.” Ironically, perhaps, the SERE document (displayed below) notes that such techniques were used by the Soviet Union, China and North Korea to obtain false confessions.
  • Senate investigators allegedly obtained from the CIA a 2003 “business plan,” written by Air Force psychologists James Mitchell and Bruce Jessen, that contained erroneous details about the positive aspects of the enhanced interrogation program and the veracity of the intelligence its extracted from detainees. The “business plan” states that Al-Qaeda captives were “resistant” to “standard” interrogation techniques, an argument the Senate report found lacked merit because torture techniques were used before they were even questioned. Neither Jessen, who lives in Spokane, Wash., nor Mitchell, who resides in Land o’ Lakes, Fla., responded to phone calls or emails for comment. Both men are featured prominently in the Senate’s report, according to U.S. officials.
  • According to Al Jazeera’s sources, Zain Abidin Mohammed Husain Abu Zubaydah was the only captive subjected to all 10 torture techniques identified in an August 2002 Justice Department memo. But the U.S. officials said the Senate report concludes that the methods applied to Abu Zubaydah went above and beyond the guidelines outlined in that memo and were used before the memo establishing their legality was written. The Senate report allegedly adopts part of a narrative from former FBI special agent Ali Soufan, who first interrogated Abu Zubaydah at the black site and wrote in his book “The Black Banners” that Mitchell was conducting an “experiment” on Abu Zubaydah. For example, the August 2002 Justice Department legal memo authorized sleep deprivation for Abu Zubaydah for 11 consecutive days, but Mitchell kept him awake far longer, the U.S. officials said, citing classified CIA cables. Abu Zubaydah was stripped naked, strapped into a chair and doused with cold water to keep him awake. He was then interrogated and asked what he knew, at which point, his attorney told Al Jazeera, Abu Zubaydah was “psychotic” and would have admitted to anything.
  • Additionally, the report allegedly says that Abu Zubaydah was stuffed into a pet crate (the type used to transport dogs on airplanes) over the course of two weeks and routinely passed out, was shackled by his wrists to the ceiling of his cell and subjected to an endless loop of loud music. One former interrogator briefed about Abu Zubaydah’s interrogations from May to July 2002 told Al Jazeera that the music used to batter the detainee’s senses was by the Red Hot Chili Peppers. Abu Zubaydah’s attorney, Brent Mickum, hopes the Senate report’s executive summary will vindicate what he has been saying for years. “My client was tortured brutally well before any legal memo was issued,” Mickum said. He expects the report to “show that my client was a nonmember of Al-Qaeda, contrary to all of the earlier reports by the Bush administration. I am also confident that the report will show that, after he was deemed to be compliant while he was held in Thailand, that he continued to be tortured on explicit orders from the Bush administration.” The Senate report, according to Al Jazeera’s sources, says that CIA interrogators were under an enormous pressure from top agency officials, themselves under pressure from the White House, to use “enhanced” interrogation techniques to obtain information from detainees connecting Iraq and Al-Qaeda.
  • One interrogator who worked for the CIA and the U.S. military during Bush’s tenure and participated in the interrogations of two high-value CIA prisoners told Al Jazeera — speaking on condition of anonymity because he is still employed by the U.S. government — that the “enhanced” interrogation program was “nothing more than the Stanford Prison Experiment writ large.” (The 1971 Stanford University study shocked the public by demonstrating how easily people placed in authority over more vulnerable others resorted to cruelty.) “Interrogators were being pressured — You have to get info from these people,’” the interrogator told Al Jazeera. “There was no consideration that the person we were interrogating may not know. That was always seen as a resistance technique. ‘They [the detainees] must be lying!’ There was pressure on us from above to produce what they wanted. Not a single person I worked with knew how to conduct an interrogation or [had] ever conducted an interrogation.”
Paul Merrell

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

  • 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.
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  • 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

It's WWIII between CIA and Senate | TheHill - 0 views

  • Senators on Wednesday expressed alarm at explosive allegations that the CIA might have spied on their computers to keep tabs on their controversial review of Bush-era “enhanced interrogation” techniques.ADVERTISEMENTLawmakers from both parties said that if the allegations against the CIA prove true, intelligence officials might have violated the law — and certainly violated the separation of powers enshrined in the Constitution.“I’m assuming that’s it’s not true, but if it is true, it should be World War III in terms of Congress standing up for itself against the CIA, ” Sen. Lindsey Graham (R-S.C.) told The Hill.Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) confirmed Wednesday that the CIA inspector general was investigating accusations that the covert agency had peered into the panel’s computers. But she didn’t comment on reports that the investigator has referred the matter to the Justice Department.Senate Armed Services Committee Chairman Carl Levin (D-Mich.), an ex officio member of the Intelligence panel, said the charge of spying is “extremely serious.”“There are laws against intruding and tampering, hacking into, accessing computers without permission. And that law applies to everybody,” he said.Brennan in a statement said he was "dismayed" by the “spurious allegations,” which he said were "wholly unsupported by the facts."
  • His statement was released Wednesday evening as McClatchy reported that the computer spying was allegedly discovered when the CIA confronted the Senate Intelligence panel about documents removed from the agency’s headquarters."I am very confident that the appropriate authorities reviewing this matter will determine where wrongdoing, if any, occurred in either the Executive Branch or Legislative Branch," Brennan said.“Until then, I would encourage others to refrain from outbursts that do a disservice to the important relationship that needs to be maintained between intelligence officials and congressional overseers."The allegations escalated a long-simmering feud between Democrats on the Intelligence panel and the CIA over the committee’s classified interrogation report, which provides an exhaustive look at the treatment of detainees in the years after Sept. 11.Sen. Mark Udall (Colo.) and two other Democrats on the Intelligence panel have criticized the CIA and its director, John Brennan, for blocking their efforts to declassify the 6,300-page investigation.“The CIA tried to intimidate the Intelligence Committee, plain and simple,” Udall said. “I’m going to keep fighting like hell to make sure the CIA never dodges congressional oversight again.”
  • Senators have said their review, which was completed in December 2012, is harshly critical of interrogation techniques such as waterboarding, concluding that they were ineffective and did not contribute to the capture of Osama bin Laden.Udall and other Democrats say the report needs to be released because it will "set the record straight" about the use of techniques that critics say amount to torture.While Democrats on the panel backed the report’s findings, most of the Intelligence Committee Republicans dissented.The CIA has objected to some of the report’s conclusions as well, though Udall says its internal review contradicts the agency’s public statements.Sen. Martin Heinrich (D-N.M.), who has joined Udall in pressing for the release of the report, said the allegations about CIA spying show the lengths that the agency will go to protect itself.“I think it’s been pretty clear that the CIA will do just about anything to make sure that this detention and interrogation report doesn’t come out,” Heinrich told The Hill.
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  • Other Republicans on the Intelligence panel said the spying charges should be investigated, but they expressed concerns about the leak of the inspector general investigation.“I have no comment. You should talk to those folks that are giving away classified information and get their opinion,” Intelligence Committee Vice Chairman Saxby Chambliss (R-Ga.) said when asked about the alleged intrusions.Sen. Ron Wyden (D-Ore.) appeared to allude to the CIA snooping at an Intelligence Committee hearing last month when he asked Brennan whether the Computer Crimes and Abuse Act applied to the agency.Wyden said Wednesday that Brennan responded in a letter the law did apply.“The Act, however, expressly ‘does not prohibit any lawfully authorized investigative, protective, or intelligence activity … of an intelligence agency of the United States,’ ” Brennan wrote in the letter that Wyden released.McClatchy news service reported that the Intelligence Committee determined earlier this year the CIA had monitored computers it provided to the panel to review top-secret reports, cables and other documents.It’s still unclear whether the alleged monitoring would have violated the law.
  • Udall sent a letter to President Obama on Tuesday calling for declassification of the committee’s report, where he alleged the CIA’s “unprecedented action against the committee” was tied to agency's internal review of the interrogation policies.Udall first raised issues with the internal review of the interrogation techniques at the confirmation hearing of Caroline Krass's nomination as CIA general counsel, which took place in December.He said that the review, conducted under former CIA Director Leon Panetta, corroborated the findings of the Senate Intelligence report and contradicted the public statements from the agency.Udall has placed a procedural hold on Krass’s nomination and told reporters Wednesday that it would remain in place until the CIA meets his requests for more information about the internal review.White House press secretary Jay Carney declined to comment on the spying allegations Wednesday, referring questions to the CIA and Department of Justice.Carney said that "as a general matter," the White House was in touch with the Intelligence Committee."For some time, the White House has made clear to the chairmen of the Senate Select committee on intelligence that the summary and conclusions of the final RDI report should be declassified with any redactions necessary to protect national security," he said.
  • Heinrich said he hoped the CIA intrusions, if confirmed, would push the White House to get involved in the dispute between the agency and the committee over the report.“It would be easy for me to get very upset about these allegations, but I think we need to keep our eye on that ball, because that is a really important historical issue, and people need to understand who made what decisions and why,” he said.
  •  
    Jack Kennedy had the right idea: abolish the CIA.
Paul Merrell

WASHINGTON: CIA's use of harsh interrogation went beyond legal authority, Senate report... - 0 views

  • A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
  • The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
  • Some of the report’s other conclusions, which were obtained by McClatchy, include:_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters._ The agency impeded effective White House oversight and decision-making regarding the program._ The CIA actively evaded or impeded congressional oversight of the program._ The agency hindered oversight of the program by its own Inspector General’s Office.
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  • The investigation determined that the program produced very little intelligence of value and that the CIA misled the Bush White House, the Congress and the public about the effectiveness of the interrogation techniques, committee members have said.The techniques included waterboarding, which produces a sensation of drowning, stress positions, sleep deprivation for up to 11 days at a time, confinement in a cramped box, slaps and slamming detainees into walls. The CIA held detainees in secret “black site” prisons overseas and abducted others who it turned over to foreign governments for interrogation.The CIA, which contends that it gained intelligence from the program that helped identify al Qaida terrorists and averted plots against the United States, agreed with some of the report’s findings but disputed other conclusions in an official response sent to the committee in June 2013.
  • Some current and former U.S. officials and military commanders, numerous experts and foreign governments have condemned the harsh interrogation methods as violations of international and U.S. laws against torture, a charge denied by the CIA and the Bush administration.They’ve based their defense on a series of top-secret legal opinions issued by the Justice Department beginning in August 2002. At that time, the agency sought advice on whether using the harsh techniques on Zayn al Abidin Muhammad Husayn, a close aide to Osama bin Laden who went by the nom de guerre Abu Zubaydah, would violate U.S. law against torture.The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
  • “The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.Several human rights experts said the conclusion called into question the program’s legal foundations.“If the CIA fundamentally misrepresented what it was doing and that was what led (Justice Department) lawyers to conclude that the conduct was legal, then the legal conclusions themselves were inaccurate,” said Andrea Prasow, senior national security counsel for Human Rights Watch. “The lawyers making those assessments were relying on the facts that were laid before them.”“This just reinforces the view that everyone who has said the torture program was legal has been selling a bill of goods and it’s time to revisit the entire conventional wisdom being pushed by those who support enhanced interrogation that this program was safe, humane and lawful,” said Raha Wala, a lawyer with Human Rights First’s Law and Public Safety Program.
  • Among other findings, the report said that CIA personnel used interrogation methods that weren’t approved by the Justice Department or their headquarters.The conclusion that the CIA provided inaccurate information to the Justice Department reflects the findings of a top-secret investigation of the program by the CIA Inspector General’s Office that was triggered by allegations of abuse.The CIA inspector general’s May 7, 2004, report, which was declassified, found that in waterboarding Zubaydah and Khalid Sheikh Mohammad, deemed the chief architect of the 9/11 attacks, the CIA went beyond the parameters it outlined to the Justice Department’s Office of Legal Counsel, which wrote the legal opinions.Zubaydah was waterboarded 83 times, while Mohammad underwent the procedure 183 times.Those cases clashed with the CIA’s assertion _ outlined in the now-declassified top-secret August 2002 Office of Legal Counsel opinion _ that repetition of the methods “will not be substantial because the techniques generally lose their effectiveness after several repetitions.”
  • The Office of Legal Counsel opinion stated that its finding that the harsh interrogation techniques didn’t constitute torture was based on facts provided by the CIA, and that “if these facts were to change, this advice would not necessarily apply.”The CIA inspector general’s report found that the “continued applicability of the DOJ opinion” was in question because the CIA told the Justice Department that it would use waterboarding in the same way that it was used in training U.S. military personnel to evade capture and resist the enemy. In fact, the inspector general’s report continued, the CIA used waterboarding in a “manner different” from U.S. military training.The CIA also failed to keep track of the number of individuals it captured under the program, the Senate report concluded. Moreover, it said, the agency held people who didn’t meet the legal standard for detention. The report puts that number at 26, McClatchy has learned.
  • “The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained and held individuals who did not meet the legal standard for detention,” it found. “The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.”“The CIA’s records were hazy, inconsistent and at times inaccurate,” said the former U.S. official.
Paul Merrell

The Only Thing We Have to Fear Is -- The CIA | War Is A Crime .org - 0 views

  • Fifty years ago, exactly one month after John Kennedy was killed, the Washington Post published an op-ed titled “Limit CIA Role to Intelligence.” The first sentence of that op-ed on Dec. 22, 1963, read, “I think it has become necessary to take another look at the purpose and operations of our Central Intelligence Agency.” It sounded like the intro to a bleat from some liberal professor or journalist. Not so. The writer was former President Harry S. Truman, who spearheaded the establishment of the CIA 66 years ago, right after World War II, to better coordinate U.S. intelligence gathering. But the spy agency had lurched off in what Truman thought were troubling directions.
  • Is this why the President feels he cannot fire his clumsily devious Director of National Intelligence James Clapper, who had to apologize to Congress for giving “clearly erroneous” testimony in March? Is this why he allows National Security Agency Director Keith Alexander and counterparts in the FBI to continue to mislead the American people, even though the intermittent snow showers from Snowden show our senior national security officials to have lied — and to have been out of control? This may be small solace to President Obama, but there is no sign that the NSA documents that Snowden’s has released include the Senate Intelligence Committee’s 6,300-page report on CIA torture. Rather, that report, at least, seems sure to be under Obama’s and Senate Intelligence Committee chair Dianne Feinstein’s tight control.
  • But Kennedy stuck to his guns, so to speak. He fired Dulles and his co-conspirators a few months after the abortive invasion, and told a friend that he wanted to “splinter the CIA into a thousand pieces and scatter it into the winds.” The outrage was very obviously mutual.
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  • Truman concluded the op-ed with an admonition that was as clear as the syntax was clumsy: “I would like to see the CIA restored to its original assignment as the intelligence arm of the President, and that whatever else it can properly perform in that special field – and that its operational duties be terminated or properly used elsewhere.” The importance and prescient nature of that admonition are even clearer today, a half-century later.
  • After Kennedy was murdered in Dallas, the patrician, well-connected Dulles got himself appointed to the Warren Commission and took the lead in shaping the investigation of JFK’s assassination. Documents in the Truman Library show that Dulles also mounted a small domestic covert action of his own to neutralize any future airing of Truman’s and Souers’s warnings about covert action.
  • As the de facto head of the Warren Commission, Dulles was perfectly positioned to protect himself and his associates, were any commissioners or investigators — or journalists — tempted to question whether Dulles and the CIA played a role in killing Kennedy. And so, the question: Did Allen Dulles and other “cloak-and-dagger” CIA operatives have a hand in John Kennedy’s assassination and in then covering it up? In my view, the best dissection of the evidence pertaining to the murder appeared in James Douglass’s 2008 book, JFK and the Unspeakable. After updating and arraying the abundant evidence, and conducting still more interviews, Douglass concludes that the answer is Yes.
  • The mainstream media had an allergic reaction to Douglass’s book and gave it almost no reviews. It is, nevertheless, still selling well. And, more important, it seems a safe bet that President Barack Obama knows what it says and maybe has even read it. This may go some way toward explaining why Obama has been so deferential to the CIA, NSA, FBI and the Pentagon. Could this be at least part of the reason he felt he had to leave the Cheney/Bush-anointed torturers, kidnappers and black-prison wardens in place, instructing his first CIA chief Leon Panetta to become, in effect, the agency’s lawyer rather than leader.
  • Sadly, those concerns that Truman expressed in that op-ed — that he had inadvertently helped create a Frankenstein monster — are as valid today as they were 50 years ago, if not more so.
  • But the timorous President has a big problem. He is acutely aware that, if released, the Senate committee report would create a firestorm – almost certainly implicating Obama’s CIA Director John Brennan and many other heavy-hitters of whom he appears to be afraid. And so Obama has allowed Brennan to play bureaucratic games, delaying release of the report for more than a year, even though its conclusions are said to closely resemble earlier findings of the CIA’s own Inspector General and the Constitution Project (see below).
  • Hat tip to the New Yorker’s Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense. Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA’s insistence that it did not actively impede congressional oversight of its detention and interrogation program, “briefings to the committee included inaccurate information related to aspects of the program of express interest to Members.”
  • That “inaccurate information” apparently is thoroughly documented in the Senate Intelligence Committee report which, largely because of the CIA’s imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled “C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.’s Enhanced Interrogation Techniques to Congress.” Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, “CIA’s efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]’s legal analysis.”
  • As Katherine Hawkins, the senior investigator for last April’s bipartisan, independent report by the Constitution Project’s Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that “enhanced interrogation” saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees’ suffering would not rise to the level of torture. According to Hawkins, Udall complained – and Preston admitted – that, in providing the materials requested by the committee, “the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by Obama to invoke the privilege.”
  • Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency’s argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence. Is anyone still wondering why our timid President is likely to sit on the Senate Intelligence Committee report for as long as he can? Or why he will let John Brennan redact it to a fare-thee-well, if he is eventually forced to release some of it by pressure from folks who care about things like torture?
  • It does appear that the newly taciturn CIA Director Brennan has inordinate influence over the President in such matters – not unlike the influence that both DNI Clapper and NSA Director Alexander seem able to exert. In this respect, Brennan joins the dubious company of the majority of his predecessor CIA directors, as they made abundantly clear when they went to inordinate lengths to prevent their torturer colleagues from being held accountable. (Also, see “CIA Torturers Running Scared,” Sept. 20, 2009; or “Are Presidents Afraid of the CIA?” Dec. 29, 2009)
Paul Merrell

The Torture Report and the "Glomar Fig Leaf" | Just Security - 0 views

  • Buried in the SSCI’s report is an arresting passage that suggests that the CIA was quietly releasing information about the torture program to journalists while it was contending in court that release of such information to the public would compromise national security. After the April 15, 2005 National Security Principals Committee meeting, the CIA drafted an extensive document describing the CIA’s Detention and Interrogation Program for an anticipated media campaign.  CIA attorneys, discussing aspects of the campaign involving off-the-record disclosures, cautioned against attributing the information to the CIA itself.  One senior attorney stated that the proposed press briefing was “minimally acceptable, but only if not attributed to a CIA official.”  The CIA attorney continued: “This should be attributed to an ‘official knowledgeable’ about the program (or some similar obfuscation), but should not be attributed to a CIA or intelligence official.”
  • Referring to CIA efforts to deny Freedom of Information Act (FOIA) requests for previously acknowledged information, the attorney noted that, “[o]ur Glomar fig leaf is getting pretty thin.”  Another CIA attorney noted that the draft “makes the [legal] declaration I just wrote about the secrecy of the interrogation program a work of fiction.” The reference to the “Glomar fig leaf” related to an argument the CIA was making in ACLU litigation that was pending before Judge Alvin K.  Hellerstein in the Southern District of New York.  In connection with Freedom of Information Act requests we’d filed in October 2003 and June 2004, we were seeking, among other things, three documents we’d learned of from media reports: the Memorandum of Notification (MON) in which President Bush had authorized the CIA to establish black sites overseas, and two memos in which lawyers from the Office of Legal Counsel had concluded that CIA interrogators could lawfully torture prisoners in their custody.  The CIA responded with a “Glomar” response—it argued that the existence or non-existence of the three documents was a properly classified fact. 
  • As the SSCI report makes clear, CIA lawyers didn’t really believe what the agency was saying in its sworn declarations.  They understood that the sworn declarations the agency was filing in federal court were “work[s] of fiction.”  The agency was telling the courts that nothing could be disclosed about its torture program without compromising national security, but at the same time, it was providing quotations and “facts” to the media in order to persuade the public that its activities were lawful, necessary and effective. If all of this sounds familiar, it’s because the CIA is now doing precisely the same thing with respect to the targeted-killing program. To the courts, the CIA says that any disclosure about the program will gravely compromise national security.  To the media, it supplies a continuous stream of cherry-picked facts meant to cast the program in the most favorable light.
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  • The SSCI report makes clear that some CIA lawyers were uncomfortable with the chasm between the agency’s representations to the court in the torture FOIA litigation and the agency’s actual conduct.  According to the SSCI, some CIA lawyers “urged that CIA leadership … ‘confront the inconsistency’ between CIA court declarations ‘about how critical it is to keep this information secret’ and the CIA ‘planning to reveal darn near the entire” program.’” Presumably those lawyers were worried about the possibility that a court would sanction the agency’s declarants; perhaps they were also worried about compliance with their own professional obligations. One wonders whether the CIA’s lawyers are worried about the same things today.
Paul Merrell

The Ron Paul Institute for Peace and Prosperity : End Torture, Shut Down the CIA! - 0 views

  • End Torture, Shut Down the CIA! Written by Ron Paul Sunday July 27, 2014
  • Remember back in April, 2007, when then-CIA director George Tenet appeared on 60 Minutes, angrily telling the program host, “we don’t torture people”? Remember a few months later, in October, President George W. Bush saying, “this government does not torture people”? We knew then it was not true because we had already seen the photos of Iraqis tortured at Abu Ghraib prison four years earlier.   Still the US administration denied that torture was torture, preferring to call it “enhanced interrogation” and claiming that it had disrupted so many terrorist plots. Of course, we later found out that the CIA had not only lied about the torture of large numbers of people after 9/11, but it had vastly exaggerated any valuable information that came from such practices. However secret rendition of prisoners to other places was ongoing.
  • The US not only tortured people in its own custody, however. Last week the European Court of Human Rights found that the US government transferred individuals to secret detention centers in Poland (and likely elsewhere) where they were tortured away from public scrutiny. The government of Poland was ordered to pay hundreds of thousands of dollars in damages to two victims for doing nothing to stop their torture on Polish soil.
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  • Meanwhile, former CIA director George Tenet and other senior current and former CIA officials are said to be frantically attempting to prepare a response to a planned release of an unclassified version of a 6,500 page Senate Intelligence Committee study on the torture practices of that agency. The CIA was already caught tapping into the computers of Senate investigators last year, looking to see what information might be contained in the report. Those who have seen the report have commented that it details far more brutal CIA practices than have been revealed to this point.   Revelations of US secret torture sites overseas and a new Senate investigation revealing widespread horrific CIA torture practices should finally lead to the abolishment of this agency. Far from keeping us safer, CIA covert actions across the globe have led to destruction of countries and societies and unprecedented resentment toward the United States. For our own safety, end the CIA!
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    Ron Paul calls for shutting down the CIA. He's not the first. For example, former President Harry Truman, who established the CIA, said years after he left office that the Agency was operating so far outside its authority that it should be shut down. And JFK was also seriously considering ending the CIA. By statute, the CIA is limited to intelligence gathering, acting as the central intelligence agency for gathering and reporting to the President on all intelligence from all other intelligence agencies.  One error in Paul's article, where he says that the recent decisions were the first time the European Court of Human Rights had connected any EU country to U.S. torture practices. The first was in 2012 in the case of El-Masri v. The Former Yugoslav Republic of Macedonia, No. 39630/09, European Court of Human Rights (Grand Chamber Judgment of 13 December 2012), http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4184975-4955119, also at http://tinyurl.com/c88qs74. See also El-Masri Application, http://www.law.columbia.edu/ipimages/Human_Rights_Institute/ctlm%20docs/ElMasriApplication.pdf.
Paul Merrell

1975 Video: CIA Admits to Congress the Agency Uses Mainstream Media to Distribute Disin... - 0 views

  • It has been verified by a source who claims she was there that then-CIA Director William Casey did in fact say the controversial and often-disputed line “We’ll know our disinformation program is complete when everything the American public believes is false,” reportedly in 1981. Despite Casey being under investigation by Congress for being involved in a major disinformation plot involving the overthrow of Libya’s Qaddafi in 1981, and despite Casey arguing on the record that the CIA should have a legal right to spread disinformation via the mainstream news that same year, this quote continues to be argued by people who weren’t there and apparently cannot believe a CIA Director would ever say such a thing. But spreading disinfo is precisely what the CIA would — and did — do. This 1975 clip of testimony given during a House Intelligence Committee hearing has the agency admitting on record that the CIA creates and uses disinformation against the American people.
  • Question: “Do you have any people being paid by the CIA who are contributing to a major circulation — American journal?” Answer: “We do have people who submit pieces to American journals.” Question: “Do you have any people paid by the CIA who are working for television networks?” Answer: “This I think gets into the kind of uh, getting into the details Mr. Chairman that I’d like to get into in executive session.” (later) Question: “Do you have any people being paid by the CIA who are contributing to the national news services — AP and UPI?” Answer: “Well again, I think we’re getting into the kind of detail Mr. Chairman that I’d prefer to handle at executive session.”
  • It’s easy enough to read between the lines on the stuff that was saved for the executive session. Then-CBS President Sig Mickelson goes on to say that the relationships at CBS with the CIA were long established before he ever became president — and that’s just one example. Considering 90% of our media today has been consolidated into six major corporations over the past decade, it’s not hard to see that you shouldn’t readily believe everything you see, hear or read in the “news.” “I thought that it was a matter of real concern that planted stories intended to serve a national purpose abroad came home and were circulated here and believed here because this would mean that the CIA could manipulate the news in the United States by channeling it through some foreign country,” Democratic Idaho Senator Frank Church said at a press conference surrounding the hearing. Church chaired the Church Committee, a precursor to the Senate Intelligence Committee, which was responsible for investigating illegal intelligence gathering by the NSA, CIA and FBI. This exact tactic — planting disinformation in foreign media outlets so the disinfo would knowingly surface in the United States as a way of circumventing the rules on domestic operations — was specifically argued for as being legal simply because it did not originate on U.S. soil by none other than CIA Director William Casey in 1981.
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  • Former President Harry S. Truman, who oversaw the creation of the CIA in 1947 when he signed the National Security Act, later wrote that he never intended the CIA for more than intelligence gathering. “I never had any thought that when I set up the CIA that it would be injected into peacetime cloak and dagger operations,” Truman penned in 1963 a year after the disastrous CIA Bay of Pigs operation.
  • Again, please keep this in mind when you watch the mainstream “news” in this country… “In their propaganda today’s dictators rely for the most part on repetition, supression and rationalization – the repetition of catchwords which they wish to be accepted as true, the supression of facts which they wish to be ignored, the arousal and rationalization of passions which may be used in the interests of the Party or the State. As the art and science of manipulation come to be better understood, the dictators of the future will doubtless learn to combine these techniques with the non-stop distractions which, in the West, are now threatening to drown in a sea of irrelevance the rational propaganda essential to the maintenance of individual liberty and the survival of democratic institutions.” Aldous Huxley, “Propaganda in a Democratic Society” Brave New World Revisited
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    It says something about how lawless the federal government has become that CIA still has no Congressional authority to do anything other than gather intelligence. No legal authority for overthrowing foreign governments, waging proxy wars, inflicting drone strikes, for none of its cloak-and-dagger operations. 
Paul Merrell

CIA Seeks More Time to Declassify Interrogation Documents - Secrecy News - 0 views

  • The Central Intelligence Agency today asked a court to allow more time to declassify its response to the Senate Select Committee on Intelligence report on CIA rendition, detention and interrogation (RDI) activities, which itself is undergoing a time-consuming declassification review. “This complex process requires the careful review of over 500 pages of highly classified material. In addition, sufficient time must be allowed not only for coordination with other agencies, but — after completion of declassification review — for implementation of security measures to ensure the safety of U.S. personnel and facilities overseas,” according to a May 15 motion filed by the government in a FOIA lawsuit brought by the ACLU. “Due to the fluid nature of this process, aspects of which are beyond the CIA’s control, the Agency does not yet have a firm date by which it can complete the processing of the CIA Response [to the SSCI report] and the so-called Panetta Report, although it hopes the declassification review and accompanying processing of those documents can be completed this summer.” The CIA therefore requested an extension of time to respond, to which the ACLU plaintiffs did not consent.
  • With respect to the Senate Intelligence Committee report itself, the government promised an “expeditious” declassification review of the executive summary, findings, and conclusions. “While all declassification decisions are guided by the need to protect national security interests, the President has expressed a clear intent to declassify as much of the executive summary, findings, and conclusions of the SSCI Report as possible, and intends the declassification process to be expeditious,” the government motion said. According to an April 18 letter from then-White House counsel Katherine Ruemmler, appended to the new motion, “The President supports making public the Committee’s important review of the historical RDI program, as he believes that public scrutiny and debate will help to inform the public understanding of the program and to ensure that such a program will not be contemplated by a future administration.
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    Horse puckey. The quoted article is misleading, attempting to conflate two distinct sets of documents that the Court ordered the CIA to disclose after removing all properly classified information. The duty to disclose segregable portions of  records that are not classified has been in place since the early 70s. It should have been done without a lawsuit having been filed and litigated. I.e.,it was a court order the CIA knew was coming since it first received the FOIA request from the ACLU. One set is the CIA response to the Senate Committee. The other set is the DoJ's Office of Legal Counsel memoranda on the legality of torture techniques. not documents documenting the torture itself and not the CIA response to the Senate Committee. Even if he CIA really needed more time for the documents in the Senate group, the legal memoranda could be shorn of classified information in a mater of hours, not days, weeks, or months.  It's the legal memoranda disclosure that CIA and DOJ are really trying to delay. At least two of them were written and/or signed by a former head of the DoJ Office of Legal Counsel whose nomination to the First Circuit Court of Appeals is now pending in Congress. And it's crystal clear that he signed memoranda arguing that torture was legal, which bears directly on his fitness to become a federal appellate judge. It takes a lawyer without ethics or morality to argue that torture is legal. It's not, under either U.S. law or the Geneva Conventions governing warfare. Neither  is grabbing people and turning them over to other governments for torture.  Those memoranda will establish that the nominee is a war criminal. We know this because we have already had a preview in the form of a white paper on the topic released by the White House last year that it's known the same nominee had worked on. And the legal arguments in that white paper are preposterous.   The delay attempt is transparently in aid of pushing that nomination through Congress before
Paul Merrell

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

  • 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

'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
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    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
Paul Merrell

CIA Apparently 'Impersonated' Senate Staffers To Gain Access To Documents On Shared Dri... - 0 views

  • No, the most interesting part of the latest Torture Report details almost falls off the end of the page over at The Huffington Post. It's more hints of CIA spying, ones that go a bit further than previously covered. According to sources familiar with the CIA inspector general report that details the alleged abuses by agency officials, CIA agents impersonated Senate staffers in order to gain access to Senate communications and drafts of the Intelligence Committee investigation. These sources requested anonymity because the details of the agency's inspector general report remain classified. "If people knew the details of what they actually did to hack into the Senate computers to go search for the torture document, jaws would drop. It's straight out of a movie," said one Senate source familiar with the document. Impersonating staff to gain access to Senate Torture Report work material would be straight-up espionage. Before we get to the response that mitigates the severity of this allegation, let's look at what we do know.
  • The CIA accessed the Senate's private network to (presumably) gain access to works-in-progress. This was denied (badly) by CIA director John Brennan. The CIA also claimed Senate staffers had improperly accessed classified documents and reported them to the DOJ, even though they knew the charges were false. Then, after Brennan told his agency to stop spying on the Senate, agents took it upon themselves to improperly access Senate email accounts. This is all gleaned from a few public statements and a one-page summary of an Inspector General's report -- the same unreleased report EPIC is currently suing the agency over. Now, there's this: accusations that the CIA impersonated Senate staffers in hopes of accessing Torture Report documents. Certainly a believable accusation, considering the tactics it's deployed in the very recent past. This is being denied -- or, at least, talked around.
  • A person familiar with the events surrounding the dispute between the CIA and Intelligence Committee said the suggestion that the agency posed as staff to access drafts of the study is untrue. “CIA simply attempted to determine if its side of the firewall could have been accessed through the Google search tool. CIA did not use administrator access to examine [Intelligence Committee] work product,” the source said. So, it was a just an innocuous firewall test. And according to this explanation, it wasn't done to examine the Senate's in-progress Torture Report. But this narrative meshes with previous accusations, including those detailed in the Inspector General's report. Logging on to the shared drives with Senate credentials would allow agents to check the firewall for holes. But it also would allow them to see other Senate documents, presumably only accessible from that "side" of the firewall. While there's been no mention of "impersonation" up to this point, the first violation highlighted by the IG's report seems to be the most likely explanation of what happened here.
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  • Five Agency employees, two attorneys and three information technology (IT) staff members, improperly accessed or caused access to the SSCI Majority staff shared drives on the RDINet Accessing another part of the shared network/drive by using someone else's credentials is low-level hackery, but not the first thing that springs to mind when someone says "impersonation." A supposed firewall test would be the perfect cover for sniffing around previously off-limits areas. Much of what has come to light about the agency's actions hints at low-level espionage. There's still more buried in the IG report that the agency is actively trying to keep from being made public. Just because these activities didn't specifically "target" Senate work material, it was all there and able to accessed. It doesn't really matter what the CIA says it was looking for. The fact that it was done at all, and done with such carefree audacity, is the problem. There are presumably ways to perform these checks that don't involve Inspector Generals, damning reports and multiple hacking accusations.
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    So it takes three technical staff and two CIA lawyers to check a firewall? Lawyers? So if I want to check my firewall, I need to hire three technical staff and two lawyers? 
Paul Merrell

The White House Has Been Covering Up the Presidency's Role in Torture for Years - The I... - 0 views

  • On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
  • As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”
  • Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.
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  • The White House’s fight to keep the short phrase describing Bush’s authorization of the torture program hidden speaks to its apparent ambivalence over the torture program. Even after President Obama released the DOJ memos authorizing torture – along with a damning CIA Inspector General Report and a wide range of documents revealing bureaucratic discussions within the CIA about torture – the White House still fought the release of the phrase that would have made it clear that the CIA conducted this torture at the order of the president. And it did so with a classified declaration from Jones that would have remained secret had Judge Hellerstein not insisted it be made public. As Aftergood noted, such White House intervention in a FOIA suit is rare. “The number of times that a national security advisor has filed a declaration in a FOIA lawsuit is vanishingly small,” he said. “It almost never happens.” But as ACLU Deputy Legal Director Jameel Jaffer noted of the finding, “It was the original authority for the CIA’s secret prisons and for the agency’s rendition and torture program, and apparently it was the authority for the targeted killing program as well.  It was the urtext.  It’s remarkable that after all this time it’s still secret.”
  • Enduring confusion about this particular finding surely exists because of its flexible nature. As Bob Woodward described in Bush at War, CIA Director Tenet asked President Bush to sign “a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation.” As Jane Mayer described in The Dark Side, such an order not only gave the CIA flexibility, it also protected the President. “To give the President deniability, and to keep him from getting his hands dirty, the finding called for the President to delegate blanket authority to Tenet to decide on a case-by-case basis whom to kill, whom to kidnap, whom to detain and interrogate, and how.” When George Tenet signed written guidelines for the CIA’s torture program in 2003, however, he appeared to have deliberately deprived the President of that deniability by including the source of CIA’s authorization – presumably naming the President – in a document interrogators would see. You can’t blame the CIA Director, after all; Tenet signed the Guidelines just as CIA’s Inspector General and DOJ started to review the legality of the torture tactics used against detainees like Abd al-Rahim al-Nashiri, who was threatened with a drill and a gun in violation of DOJ’s ban on mock executions.
  • President Obama’s willingness to go to such lengths to hide this short phrase may explain the White House’s curious treatment of potentially privileged documents with the Senate now – describing President Bush’s authorization of the torture program and its seemingly contradictory stance supporting publishing the Torture Report while thwarting its completion by withholding privileged documents. After all, the documents in question, like the reference to the presidential finding, may deprive the President of plausible deniability. Furthermore, those documents may undermine one of the conclusions of the Torture Report. According to Senator Ron Wyden, the Senate Torture Report found that “the CIA repeatedly provided inaccurate information about its interrogation program to the White House.” Perhaps the documents reportedly withheld by the White House undermine this conclusion, and instead show that the CIA operated with the full consent and knowledge of at least some people within the White House. Finally, the White House’s sensitivity about documents involved in the torture program may stem from the structure of the finding. As John Rizzo made clear, the finding authorizes not just torturing, but killing, senior al Qaeda figures. Bob Woodward even reported that that CIA would carry out that killing using Predator drones, a program CIA still conducts. And in fact, when the Second Circuit ultimately ruled to let the White House to keep the authorization phrase secret, it did so because the phrase also relates to “a highly classified, active intelligence activity” and “pertains to intelligence activities unrelated to the discontinued [torture] program.” Given what we know about the September 17, 2001 finding, that may well refer to President Obama’s still active drone program.
  • In any case, the White House’s seemingly contradictory statements about the Torture Report might best be understood by its past treatment of CIA documents. By releasing the DOJ memos and other materials, the White House provided what seemed to be unprecedented transparency about what the CIA had done. But all the while it was secretly hiding language describing what the White House has done.
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    See also U.N. Convention Against Torture, which the U.S. is a party to. http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

NARA Backs Away from CIA Email Destruction Proposal - 0 views

  • The National Archives and Records Administration told the Central Intelligence Agency last week that it was withholding approval of a CIA proposal to allow the destruction of the email records of all but 22 senior Agency officials. “NARA intends to reassess the Central Intelligence Agency (CIA) proposal for the disposition of non-senior email accounts,” wrote Paul M. Wester, Jr., Chief Records Officer at NARA in a November 20 letter to Joseph Lambert, Director of Information Management Services at CIA. “Based on comments from Members of the U.S. Senate Select Committee on Intelligence and a number of public interest groups, we are concerned about the scope of the proposed schedule and the proposed retention periods,” Mr. Wester wrote. Based on a preliminary review of the CIA proposal, NARA had initially recommended approval of the plan, Secrecy News reported last month. (“CIA Asks to Destroy Email of Non-Senior Officials,” October 1.)
  • But critical comments that were submitted to NARA — from the Federation of American Scientists, Openthegovernment.org and other public interest groups and individuals, the Department of Defense Chief Defense Counsel, and especially from Senators Feinstein and Chambliss, the leaders of the Senate Intelligence Committee, and Senators Wyden, Udall and Heinrich, Members of the Committee — turned the tide and blocked the proposal in its current form. “We will hold a public meeting on this schedule in the coming months to address the comments raise by you and others and to share how NARA is moving forward,” wrote Margaret Hawkins of NARA Records Management Services in an email message today. “This meeting will be announced in the Federal Register and will be open to all commenters and the public.” For related coverage, see: “The CIA Wants To Delete Old Email; Critics Say ‘Not So Fast'” by David Welna, NPR All Things Considered, November 20; “Top Senators Oppose CIA Move to Destroy Email” by Siobhan Gorman, Wall Street Journal, November 19; “National Archives: Ok, So Maybe Letting The CIA Destroy Emails Wasn’t A Great Idea” by Ali Watkins, Huffington Post, November 21; and “Furor Over CIA Shake-Up of Email System” by Adam Klasfeld, Courthouse News Service, November 7.
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    The CIA's request for permission to destroy the emails was based on the bald assertion that all information contained in the emails of historical significance had already been incorporated in more formal reports, without any actual study of the email contents. The very notion is preposterous.
Paul Merrell

Senate Investigation of Bush-Era Torture Erupts Into Constitutional Crisis | The Nation - 0 views

  • Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.
  • If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”
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  • Feinstein included an interesting aside in her speech. “Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.”
  • Also: remember that earlier this year, in response to a question from Senator Bernie Sanders, the National Security Agency did not expressly deny spying on Congress. The NSA may just have been being careful with its language, reasoning that since bulk data collection exists, perhaps members of Congress were caught up in it. But the question remains: if the CIA felt justified spying on Senate computers, may it have listened in on phone calls as well?
  • Feinstein’s grave concerns were echoed Tuesday morning by Senator Patrick Leahy, chair of the Senate Judiciary Committee. “This is not just about getting to the truth of the CIA’s shameful use of torture. This is also about the core founding principle of the separation of powers, and the future of this institution and its oversight role,” Leahy said in a statement. “The Senate is bigger than any one Senator. Senators come and go, but the Senate endures. The members of the Senate must stand up in defense of this institution, the Constitution, and the values upon which this nation was founded.”
  • Underlying this constitutional crisis is a desire by many at the CIA to sweep the Bush-era torture abuses under the rug. That logically would be the clear motivating factor in seizing the Panetta review from Senate investigators. And Brennan wasn’t afraid to keep pushing that approach—even during the same Tuesday interview with NBC’s Mitchell in which he denied “spying” on the Senate. Brennan also said that the CIA’s history of detention and interrogation should be “put behind us.” (It should be noted, of course, that there is strong circumstantial evidence that Brennan himself was complicit in the illegal torture program when he served in the Bush administration.) In the wake of her revelations on Tuesday, Feinstein renewed her desire to declassify the Senate report. “We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people,” she said, and suggested the findings will shock the public. “If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”
  • Obama has long said he supports declassification, and it seems it will happen soon. Tuesday, Feinstein was already moving to hold a committee vote on declassification. Committee Republicans will likely oppose it, but independent Senator Angus King, the swing vote, told reporters he is inclined to vote for declassification.
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    Note the error in the last quoted paragraph: Obama has said he supports declassification of the Senate report's *findings," not the entire report. That's likely over a 6,000-page difference.
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