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Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news ... - 0 views

  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
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  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
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    John Kennedy had the right idea: abolish the CIA. 
Paul Merrell

Mastermind of The Bamako Terror Attack Mokhtar Belmokhtar: A CIA Sponsored "Intelligenc... - 0 views

  • In response to the tragic Paris events of November 13, Central Intelligence Agency director  John Brennan  warned that “ISIL is planning additional attacks… It is clear to me that ISIL has an external agenda, that they are determined to carry out these types of attacks.” (Quoted in Daily Telegraph, November 16, 2015) Five days later following the CIA Chief’s  premonition, the Bamako Radisson Hotel Blu in Mali’s capital was the object of a terrorist attack, resulting in  21 people dead. Following the attack and the taking of hostages by the terrorists, French and Malian special forces raided the hotel. US. Africa Command (AFRICOM) also confirmed that US special forces were involved.
  • The Bamako terror operation was allegedly coordinated by Mokhtar Belmokhtar (aka Khaled Abu al-Abbas), leader of an affiliate of Al Qaeda in the Islamic Maghreb (AQIM), the Islamist al-Mulathameen (Masked) Brigade, or “Those who Sign with Blood.” Belmokhtar’s group was created in 2012 in the wake of the war on Libya. His organization has also allegedly been involved in the drug trade, smuggling as well kidnapping operations of foreigners in North Africa.  While his whereabouts are said to be known, French intelligence has dubbed Belmokhtar “the uncatchable”. In June he was reported dead  as a result in a U.S. air strike in Libya. His death was subsequently denied. Based on shaky evidence, The New York Times report below (November 20) concludes that Belmokhtar’s group (together with AQIM) is unequivocally behind the Bamako attacks:
  • A member of Al Qaeda in Africa confirmed Saturday that the attack Friday on a hotel in Bamako, Mali, had been carried out by a jihadist group loyal to Mokhtar Belmokhtar, an Algerian operative for Al Qaeda. The Qaeda member, who spoke via an online chat, said that an audio message and a similar written statement in which the group claimed responsibility for the attack were authentic. The SITE Intelligence Group, which monitors jihadist groups, also confirmed the authenticity of the statement. The Qaeda member, who refused to be named for his protection, said that Mr. Belmokhtar’s men had collaborated with the Saharan Emirate of Al Qaeda in the Islamic Maghreb, … In the audio recording, the group, known as Al Mourabitoun, says it carried out the operation in conjunction with Al Qaeda’s branch in the Islamic Maghreb. The recording was released to the Al Jazeera network and simultaneously to Al Akhbar, … The recording states: “We, in the group of the Mourabitoun [Arabic Rebel Group], in cooperation with our brothers in Al Qaeda in Islamic Maghreb, the great desert area, claim responsibility for the hostage-taking operation in the Radisson hotel in Bamako.” (emphasis added)
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  • In turn, the French Minister of Defense acknowledged –prior to the conduct of a police investigation– that the authors of the attack were “most likely” led by Mokhtar Belmokhtar’s group in association with Al Qaeda in the Islamic Maghreb (AQIM). What Defense Minister Jean-Yves Le Drain failed to mention was that both Belmokhtar and AQIM have longstanding links to the CIA, which in turn has a working relationship with France’s  General Directorate for External Security, Direction générale de la sécurité extérieure (DGSE).  Casually ignored by the Western media, the leaders of Al Qaeda in the Islamic Maghreb (AQIM) including Belmokhtar were trained and recruited by the CIA in Afghanistan. Acknowledged by the Washington based Council on Foreign Relations (CFR): Most of AQIM’s major leaders are believed to have trained in Afghanistan during the 1979-1989 war against the Soviets as part of a group of North African volunteers known as “Afghan Arabs” that returned to the region and radicalized Islamist movements in the years that followed. The group is divided into “katibas” or brigades, which are clustered into different and often independent cells. The group’s top leader, or emir, since 2004 has been  Abdelmalek Droukdel, also known as Abou Mossab Abdelwadoud, a trained engineer and explosives expert who has fought in Afghanistan and has roots with the GIA in Algeria. (Council on Foreign Relations, Al Qaeda in the Islamic Maghreb, cfr.org, undated)
  • Mokhtar Belmokhtar: Post Cold War CIA intelligence asset?  The Council on Foreign Relations erroneously describes “Mokhtar Belmokhtar as the one-eyed veteran of the anti-Soviet Afghan insurgency.” (CFR, op cit, emphasis added). Belmokhtar (born in 1972) did not fight in the Soviet-Afghan war (1979-1989). He was recruited in 1991 at the age of 19 in the immediate wake of the Cold War. CIA recruitment continued in the wake of the Cold War. It was in large part directed against the Russian Federation and the former Soviet Republics as well as the Middle East. The purpose of this later CIA recruitment was to establish a network of “intelligence assets” to be used in the CIA’s post-cold war insurgencies. Leaders of the Chechen Islamist insurgencies were also trained in CIA camps in Afghanistan and Pakistan, including the notorious leader of the Chechen insurrection Ibn al-Khattab (a citizen of Saudi Arabia).
  • Following his training and recruitment and a two year stint in Afghanistan (1991-1993), Mokhtar Belmokhtar was sent back to Algeria in 1993 at age 21 where he joined the  Salafist Group for Preaching and Combat (GSPC) (emblem left). The latter was initially part of the so-called Armed Islamic Group  (Groupe islamique armé (GIA)) in Algeria which sought to overthrow the secular Algerian Government with a view to installing a theocratic Islamic State. Supported covertly by the CIA, Belmokhtar fought in Southern Algeria in the civil war opposing Islamist forces and the secular government. He was also  instrumental in the integration and merging of “jihadist” forces. In January 2007,  the Armed islamic Group (GIA) which had been prominent in the 1990s, officially changed its name to the Al-Qaeda Organization in the Islamic Maghreb (AQIM). In turn, as of 2007, the newly formed AQIM established a close relationship with the Libya Islamic Fighting Group (LIFG), which was directly supported by NATO during the 2011 war on Libya, “providing weapons, training, special forces and even aircraft to support them in the overthrow of Libya’s government.” (Tony Cartalucci, The Geopolitical Reordering of Africa: US Covert Support to Al Qaeda in Northern Mali, France “Comes to the Rescue”, Global Research, January 2013). British SAS Special Forces had also been brought into Libya prior to the onset of the insurrection, acting as military advisers to the LIFG. In fact, what has unfolded since the war on Libya is the merging of LIFG and AQIM forces. In turn, many of the LIFG operatives have been dispatched to Syria to fight within the ranks of Al Nusrah and the ISIS.
  • It is worth noting that the 2007  restructuring  of jihadist forces in Algeria and the Maghreb coincided with  the appointment of Robert Stephen Ford as US ambassador to Algeria in August 2006. Ford had been reassigned by the State Department from Baghdad to Algiers. From 2004 to 2006, he worked closely with Ambassador John Negroponte at the US embassy in Baghdad in supporting the creation of  both Shia and Sunni death squads in Iraq. This project consisted in recruiting and training terrorists modelled on the so-called “Salvador Option” which had been applied by the CIA in Central America. Negroponte as we recall played a central role in supporting the Contras terrorists in Nicaragua as ambassador to Honduras from 1981-1985. For further details see Michel Chossudovsky, “The Salvador Option For Syria”: US-NATO Sponsored Death Squads Integrate “Opposition Forces”, Global Research,  May 28, 2012) The 2006 appointment of Robert Stephen Ford to head the US Embassy in Algeria was timely. It coincided with the consolidation of jihadist groups within Algeria and the Maghreb. It preceded the 2011 US-NATO sponsored insurrections in Libya and Syria. In 2010, Ford was approved by the US Congress as US Ambassador to Syria. He presented his credentials to president Bashar al Assad in January 2011, barely two months prior to the onslaught of the terrorist insurrection in the border city of Daraa in mid-March 2011. Ford played a central role in assisting the channelling of US and allied support to Syrian “opposition” groups including Al Nusrah and the ISIS.
  • Belmokhtar’s history and involvement in Afghanistan confirms that from the very outset he was an instrument of US intelligence. While, he operates with a certain degree of independence and autonomy in relation to his intelligence sponsors, he and his organization are bona fide CIA “intelligence assets”, which can be used by the CIA as part of a covert agenda. There are various definitions of  an “intelligence asset”. From the standpoint of US intelligence, “assets” linked up to terrorist organizations must not be aware that they are supported and monitored by Western intelligence. With regard to Al Qaeda, from the outset in 1979, the CIA chose to operate through various front organizations as well as indirectly through its Saudi, Qatari and Pakistani intelligence partners. CIA’s Milton Beardman who played a central role in the Soviet Afghan war confirms that members of Al Qaeda including Osama bin Laden were not aware of the role they were playing on behalf of Washington. In the words of bin Laden (quoted by Beardman): “neither I, nor my brothers saw evidence of American help”(Michel Chossudovsky, Who is Osama bin Laden, Global Research, September 12, 2001): Motivated by nationalism and religious fervor, the Islamic warriors were unaware that they were fighting the Soviet Army on behalf of Uncle Sam. While there were contacts at the upper levels of the intelligence hierarchy, Islamic rebel leaders in theatre had no contacts with Washington or the CIA.  (Ibid) Amply documented, Al Qaeda in the Islamic Maghreb (AQIM)and its affiliated groups including the Libya Islamic Fighting Group (LIFG) was serving the interests of the Western military alliance. Confirmed by the Washington Post, June 29, 2011 (See below), France was supplying weapons to the LIFG at the height of NATO’s bombing raids.
  • AQIM in turn was receiving weapons from the LIFG, which was supported by NATO. Moreover, LIFG mercenaries had integrated AQIM brigades. According to alleged Terror Mastermind Mokhtar Belmokhtar, who also coordinated the 2013 In Amenas Mali kidnapping operation: “We have been one of the main beneficiaries of the revolutions in the Arab world. As for our benefiting from the (Libyan) weapons, this is a natural thing in these kinds of circumstances.” http://www.hanford.gov/c.cfm/oci/ci_terrorist.cfm?dossier=174 Al Qaeda in the Islamic Maghreb (AQIM) is indelibly tied into a Western intelligence agenda. While it is described  as  ”one of the region’s wealthiest, best-armed militant groups”, financed covertly by Saudi Arabia and Qatar. France’s  Canard enchaîné revealed (June 2012) that Qatar (a staunch ally of the United States) has been funding various terrorist entities in Mali: The original report cites a French military intelligence report as indicating that Qatar has provided financial support to all three of the main armed groups in northern Mali: Iyad Ag Ghali’s Ansar Ed-Dine, al-Qa’ida in the Islamic Maghreb (AQIM) and the Movement for Unity and Jihad in West Africa (MUJWA). The amount of funding given to each of the groups is not mentioned but it mentions that repeated reports from the French DGSE to the Defense Ministry have mentioned Qatar’s support for ‘terrorism’ in northern Mali. (quoted by Jeune Afrique June 2012)
  • Qatar is a proxy state, a de facto Persian Gulf territory largely controlled by Washington. It hosts  a number of Western military and intelligence facilities. The Emir of Qatar does not finance terrorism without the consent of the CIA. And with regard to Mali, the CIA coordinates its activities in liaison with its French intelligence partners and counterparts, including la Direction du renseignement militaire (DRM) and the Direction générale de la sécurité extérieure (DGSE). The implications are obvious and should be carefully understood by Western public opinion. Inasmuch as Belmokhtar and AQIM are “intelligence assets”, both US and French intelligence are (indirectly) behind the Bamako attacks. Both US and French intelligence are complicit in the State sponsorship of terrorism.
Paul Merrell

Meet Alfreda Bikowsky, the Senior Officer at the Center of the CIA's Torture Scandals -... - 0 views

  • NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous. The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency. The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.
  • The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.” NBC, while withholding her identity, noted that the same unnamed officer “also participated in ‘enhanced interrogations’ of self-professed 9/11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.” The New Yorker‘s Jane Mayer, writing yesterday about the NBC article, added that the officer “is still in a position of high authority over counterterrorism at the C.I.A.” This officer, Mayer noted, is the same one who “dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.” Mayer also wrote that the officer is “the same woman” identified in the Senate report who oversaw “the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity.”
  • Both news outlets withheld the name of this CIA officer even though her identity is widely known among journalists, and her name has been used by various media outlets in connection with her work at the CIA. Both articles cited requests by the CIA not to identify her, even though they provided details making her identity clear. In fact, earlier this year, The Washington Post identified Bikowsky by name, describing her as a CIA analyst “who was tied to a critical intelligence-sharing failure before the Sept. 11, 2001, attacks and the botched 2003 ‘rendition’ of an innocent German citizen thought to be an al-Qaeda operative.” That Post report led to both McClatchy and independent journalist Marcy Wheeler raising questions about the propriety of Bikowsky’s former personal lawyer, Robert Litt, playing a key role in his current capacity as a top government lawyer in deciding which parts of the torture report should be released. The McClatchy article identified Bikowsky by name as the officer who “played a central role in the bungled rendition of Khaled el-Masri. El-Masri, who was revealed to be innocent, claimed to have been tortured by the agency.” El-Masri, a German citizen who was kidnapped from Macedonia and tortured by the CIA in Afghanistan, was released in 2003 after it was revealed he was not involved in al Qaeda.
Paul Merrell

​CIA lied about torture's effectiveness, according to unreleased Senate repor... - 0 views

  • A Senate report found that CIA officials lied to the government and public about its post-9/11 torture program, most notably by distorting intelligence gleaned from traditional interrogations as that attained by far more brutal methods. The Washington Post reported Monday that the Senate Intelligence Committee’s report outlines a long list of “unsubstantiated claims” from CIA officials in the agency’s pursuit of a global torture regime that resulted in little, if any, substantive intelligence, according to US 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 US official briefed on the report. “Was that actually true? The answer is ‘no’.”
  • Officials told the Post that some of the most damning findings in the Committee’s report pertain to differences between statements senior CIA officials in Washington have made as opposed to written notes from CIA employees involved in the interrogations. According to the Post’s anonymous sources, millions of records make clear that the CIA was able to obtain most of its valuable intelligence against Al-Qaeda, including the whereabouts of Osama bin Laden, without use of so-called “enhanced interrogation techniques.” As has been reported elsewhere, intelligence gathered from a detainee known as Abu Zubaydah was obtained by FBI sources, mainly agent Ali Soufan, in a hospital in Pakistan, before the CIA waterboarded Zubaydah 83 times. Yet Soufan’s work was passed through US intelligence sources as though it was part of CIA interrogators’ work, the Committee’s report found. “The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said another US official who has access to the report. The officials described the continued repetition of these misstatements as “the most damaging” of the Committee’s conclusions.
  • In addition, the report found that detainees’ credentials were often distorted. Zubaydah, for example, was called a senior Al-Qaeda operative, yet experts later found him to be a simple facilitator who would guide recruits to Qaeda training camps. Likewise, Abd Al-Rahim Al-Nashiri was called “mastermind” by CIA officials of the 2000 bombing of the USS Cole in Yemen, yet the title was found to be an overstatement. An Al-Qaeda operative, Hassan Ghul, who provided critical insight into finding Osama bin Laden had offered his most critical intelligence during an interrogation with Kurdish authorities in northern Iraq, not during his later stint in a black site prison in Romania, officials said.
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  • The Committee is expected to vote Thursday to send an executive summary of the report to President Obama for eventual declassification.
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    "The Committee is expected to vote Thursday to send an executive summary of the report to President Obama for eventual declassification." Looks like a deal has been struck. Only an "executive summary," not the full report. 
Paul Merrell

Ex-Chief of C.I.A. Shapes Response to Detention Report - NYTimes.com - 0 views

  • Just after the Senate Intelligence Committee voted in April to declassify hundreds of pages of a withering report on the Central Intelligence Agency’s detention and interrogation program, C.I.A. Director John O. Brennan convened a meeting of the men who had played a role overseeing the program in its seven-year history.The spies, past and present, faced each other around the long wooden conference table on the seventh floor of the C.I.A.’s headquarters in Northern Virginia: J. Cofer Black, head of the agency’s counterterrorism center at the time of the Sept. 11 attacks; the undercover officer who now holds that job; and a number of other former officials from the C.I.A.’s clandestine service. Over the speakerphone came the distinctive, Queens-accented voice of George J. Tenet.
  • Over the past several months, Mr. Tenet has quietly engineered a counterattack against the Senate committee’s voluminous report, which could become public next month. The effort to discredit the report has set up a three-way showdown among former C.I.A. officials who believe history has been distorted, a White House carefully managing the process and politics of declassifying the document, and Senate Democrats convinced that the Obama administration is trying to protect the C.I.A. at all costs.The report is expected to accuse a number of former C.I.A. officials of misleading Congress and the White House about the program and its effectiveness, but it is Mr. Tenet who might have the most at stake.
  • Mr. Tenet, who declined to be interviewed for this article, has arranged a number of conference calls with former C.I.A. officials to discuss the impending report. After private conversations with Mr. Brennan, he and two other former C.I.A. directors — Porter J. Goss and Michael V. Hayden — drafted a letter to Mr. Brennan asking that, as a matter of fairness, they be allowed to see the report before it was made public. Describing the letter, one former C.I.A. officer who spoke on condition of anonymity said that the former directors “think that those people who were heavily involved in the operations have a right to see what’s being said about them.”Mr. Brennan then passed the letter to Senator Dianne Feinstein, the California Democrat who is chairwoman of the Senate Intelligence Committee.
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  • Ms. Feinstein agreed to let a group of former senior C.I.A. officials read a draft of the report, although she initially insisted they be allowed to review it only at the committee’s office. Officials said President Obama’s chief of staff, Denis McDonough, intervened and brokered an arrangement in which the officials could read an unredacted version of the report inside a secure room at the office of the Director of National Intelligence. Ms. Feinstein declined to comment.
  • “While former C.I.A. officials may be working to hide their own past wrongs, there’s no reason Brennan or any other current C.I.A. official should help facilitate the defense of the indefensible,” said Christopher Anders, senior legislative counsel at the American Civil Liberties Union.Spokesmen for the C.I.A. and the White House declined to comment.
  • The April meeting at C.I.A. headquarters highlighted how much of the agency is still seeded with officers who participated in the detention and interrogation program, which Mr. Obama officially ended during his first week in office in 2009.At one point during the meeting, the current head of the counterterrorism center, an officer with the first name Mike, told Mr. Brennan that roughly 200 people under his leadership had at some point participated in the interrogation program. They wanted to know, he said, how Mr. Brennan planned to defend them in public against accusations that the C.I.A. engaged in systematic torture and lied about its efficacy.
  • Mr. Tenet resigned a decade ago amid the wash of recriminations over the C.I.A.’s botched Iraq assessments, and he has given few interviews since his book tour.
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    Major Obama scandal brewing here. The current head of the CIA, John Brennan, has been caught conspiring with former CIA heads and others to counter the Senate Intelligence Committee's pending report on CIA torture and extraordinary rendition, even as Brennan works to delay the report summary's publication by censoring it, resulting in delay while the Committee argues with the CIA over the deletions. All of which sharply contrasts with Obama's publicly expressed desire to have the report published promptly.    The article also makes a very strong case that those CIA officials who participated in the torture and rendition program have been enabled, on Obama's watch, to act as the censors of the Senate Report.  A must-read
Paul Merrell

Senators: CIA 'Misleading' Public Over Secret Torture Report - 0 views

  • U.S. senators openly castigated the Central Intelligence Agency on Tuesday for delaying the release of a long-awaited report on torture and secret prisons during the Bush era. Despite earlier comments that the committee, which commissioned the report, and the CIA were reaching an agreement on portions the controversial 6,000-page study, progress on its declassification is once again stymied. Meanwhile, long-simmering disagreements about the accuracy of the interrogation report have exploded into public view.  "I'm convinced more than ever that we need to declassify the report so that those with a political agenda can no longer manipulate public opinion," said Sen. Martin Heinrich (D-NM), referring to the CIA. "He's mad. I'm mad. We're all mad," added Sen. John D. Rockefeller (D-WV).
  • The interrogation report is the product of three year's work and $40 million in preparation costs. Ever since its completion one year ago last week, there's been strong disagreement among intelligence officials and lawmakers over how much information the public should be allowed to read,
  • Last week, the CIA insisted it was "prepared to work with the Committee." It highlighted the written response it gave to the committee in late June. "Our response agreed with a number of the study's findings, but also detailed significant errors in the study," said CIA spokesman Dean Boyd. That public remark concerning factual errors infuriated Senate Democrats despite the fact that it's been the CIA's position for months. "I am outraged that the CIA continues to make misleading statements about the committee's study of the CIA's interrogation program," said Heinrich. "There is only one instance in which the CIA pointed out a factual error in the study -- a minor error that has been corrected. For the rest, where the committee and the CIA differ, we differ on interpretation and conclusions from an agreed upon factual record."
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  • "You can't publicly call our differences of opinion significant errors in press releases," he said. "It's misleading. These are not factual errors." What exactly the two sides disagree on is a mystery because the report remains classified.
  • Officials who are familiar with the report's conclusions say that it offers detailed examples of how subjecting prisoners to harsh interrogations, including what human rights groups and others call torture, may have been counterproductive, and that the techniques didn't produce any leads that helped the CIA find Osama bin Laden, as some current and former CIA officials claim. Feinstein said in a statement last year that the CIA had made "terrible mistakes" by interrogating suspects in secret prisons, and that the report "will settle the debate once and for all over whether our nation should every employ coercive interrogation techniques."
  • In an interesting disclosure, Sen. Mark Udall (D-CO) noted that an internal CIA report exists that he says "is consistent with the Intelligence Committee's report" and differs from the CIA's official response to the committee. Udall said he and the committee would like to examine that report. When contacted, the CIA told The Cable, "We're aware of the Committee's request and will respond appropriately." One thing that is clear: Despite the fact that Feinstein said the committee would vote "shorty" to declassify the report, it's a near-certainty that the vote won't happen before the Senate breaks for recess given ongoing disputes between the committee and agency. Feinstein appeared visibly frustrated. "Let's get on with it," she said. "Let's vote to declassify."
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    Interesting. We may get to read more of the report than I had expected. Cross-reference: UN Convention against Torture, http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

FBI, CIA Use Backdoor Searches To Warrentlessly Spy On Americans' Communications | Tech... - 0 views

  • The other shoe just dropped when it comes to how the federal government illegally spies on Americans. Last summer, the details of the NSA's "backdoor searches" were revealed. This involved big collections of content and metadata (so, no, not "just metadata" as meaningless as that phrase is) that were collected under Section 702 of the FISA Amendments Act (FAA). This is part of the program that the infamous PRISM effort operates under, and which allows the NSA to collect all sorts of content, including communications to, from or about a "target" -- where a "target" can be incredibly loosely defined (i.e., it can include groups or machines or just about anything). The "backdoor searches" were a special loophole added in 2011 allowing the NSA to make use of "US person names and identifiers as query terms." In the past, it had been limited (as per the NSA's mandate) to only non-US persons.
  • This morning, James Clapper finally responded to a request from Senator Ron Wyden concerning the number of such backdoor searches using US identifiers that were done by various government agencies. And, surprisingly, it's redaction free. The big reveal is... that it's not just the NSA doing these searches, but the CIA and FBI as well. This is especially concerning with regards to the FBI. This means that the FBI, who does surveillance on Americans, is spying on Americans communications that were collected by the NSA and that they're doing so without anything resembling a warrant. Oh, and let's make this even worse: the FBI isn't even tracking how often it does this. It's just doing it willy nilly:
  • Got that? Basically, the FBI often asks the NSA for a big chunk of data that the NSA probably shouldn't have in the first place -- including tons of Americans' communications, and the FBI gets to dump it into the same database that it is free to query. And the FBI tracks none of this, other than to say that it believes that there are a "substantial" number of such queries. This would seem to be a pretty blatant attempt to end run around the 4th Amendment, giving the FBI broad access to searching through the communications of Americans with what appears to be almost no oversight. Yikes! Oh, and it's not just the NSA, but the CIA as well. Remember, the CIA is not supposed to be doing any surveillance on US persons (like the NSA), but that's not what's happening at all. At least the CIA tracks some (but not all) of its abuse of backdoor searches:
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  • The FBI does not track how many queries it conducts using U.S. person identifiers. The FBI is responsible for identifying and countering threats to the homeland, such as terrorism pilots and espionage, inside the U.S. Unlike other IC agencies, because of its domestic mission, the FBI routinely deals with information about US persons and is expected to look for domestic connections to threats emanating from abroad, including threats involving Section 702 non-US. person targets. To fulfill its mission and avoid missing connections within the information lawfully in its possession, the FBI does not distinguish between U.S. and non- U.S. persons for purposes of querying Section 702 collection. It should be noted that the FBI does not receive all of Section 702 collection; rather, the FBI only requests and receives a small percentage of total Section 702 collection and only for those selectors in which the FBI has an investigative interest. Moreover, because the FBI stores Section 702 collection in the same database as its "traditional" FISA collection, a query of "traditional" FISA collection will also query Section 702 collection. In addition, the FBI routinely conducts queries across its databases in an effort to locate relevant information that is already in its possession when it opens new national security investigations and assessments. Therefore, the FBI believes the number of queries is substantial. However, only FBI personnel trained in the Section 702 minimization procedures are able to View any Section 702 collection that is responsive to any query.
  • In calendar year 2013, CIA conducted fewer than 1900 queries of Section 702-acquired communications using specific U.S. person identifiers as query terms or other more general query terms if they are intended to return information about a particular U.S. person. Of that total number approximately 40% were conducted as a result of requests for counterterrorism-related information from other U.S. intelligence agencies. Approximately 27% of the total number are duplicative or recurring queries conducted at different times using the same identifiers but that CIA nonetheless counts as separate queries. CIA also uses U.S. person identifiers to conduct metadata-only queries against metadata derived from the FISA Section 702 collection. However, the CIA does not track the number of metadata-only queries using U.S. person identifiers.
  • So, the CIA is doing these kinds of warrantless fishing expeditions into the communications of Americans as well, but at least the CIA tracks how often it's doing so. Of course, when it comes to metadata searches, the CIA doesn't bother. It's also a bit bizarre that the CIA is apparently carrying out a bunch of those searches for "other U.S. intelligence agencies," when the CIA should be especially limited in its ability to do these searches in the first place. Senator Wyden has responded to these revelations by pointing out how "flawed" the oversight system is that these have been allowed:
  • When the FBI says it conducts a substantial number of searches and it has no idea of what the number is, it shows how flawed this system is and the consequences of inadequate oversight. This huge gap in oversight is a problem now, and will only grow as global communications systems become more interconnected. The findings transmitted to me raise questions about whether the FBI is exercising any internal controls over the use of backdoor searches including who and how many government employees can access the personal data of individual Americans. I intend to follow this up until it is fixed.
  • Hopefully, now you are starting to recognize what a big deal it was last week when the House of Representatives recently voted to defund the ability to do these kinds of backdoor searches. Still, much more needs to be done. Oh, and in case you're wondering why Clapper finally 'fessed up to the FBI and CIA making use of these data to warrantlessly spy on Americans, it's worth noting that the Privacy and Civil Liberties Oversight Board (PCLOB) is expected to come out with its report on the Section 702 surveillance program on July 2nd (7/02, get it?). It seems likely that the report will discuss these backdoor searches on Americans and how other agencies besides the NSA has been involved in the practice.
  •  
    Note to self: Look for the new PCLOB report in the morning. 
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Paul Merrell

US Media Ignores CIA Cover-up on Torture - Consortiumnews - 0 views

  • MEMORANDUM FOR: Sen. Dianne Feinstein, Vice Chairman, Senate Select Committee on Intelligence FROM: Veteran Intelligence Professionals for Sanity SUBJECT: U.S. Media Mum On How Your Committee Faced Down Both CIA and Obama We write to thank you for your unwavering support for your extraordinarily courageous and tenacious staff in (1) investigating CIA torture under the Bush/Cheney administration and (2) resisting CIA/White House attempts under the Obama administration to cover up heinous torture crimes like waterboarding.
  • With well over 400 years of intelligence experience under our collective belt, we wondered how you managed to get the investigation finished and the executive summary up and out (though redacted). We now know the backstory – thanks to the unstinting courage of the committee’s principal investigator Daniel Jones, who has been interviewed by Spencer Ackerman, an investigative reporter for The (UK) Guardian newspaper. The titanic struggle depicted by Ackerman reads like a crime novel; sadly, the four-part series is nonfiction: I. “Senate investigator breaks silence about CIA’s ‘failed coverup’ of torture report” II. “Inside the fight to reveal the CIA’s torture secrets” III. ” ‘A constitutional crisis’: the CIA turns on the Senate” IV. “No looking back:  the CIA torture report’s aftermath“
  • Remarkably, a full week after The Guardian carried Ackerman’s revelations, none has been picked up by U.S. “mainstream” newspapers. Not the New York Times, the Wall Street Journal, the Washington Post – not even The Hill. (As for alternative media, Charles P. Pierce’s timely piece for Esquire whetted his readers’ appetite for the gripping detail of the Guardian series, explaining that it would be “unfair both to Ackerman’s diligence and Jones’s courage” to try to summarize even just the first installment. “Read the whole damn thing,” Pierce advises.)
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  • And so, the culprits who should be hanging their heads in shame are out and about, with some still collecting book royalties and some blithely working for this or that candidate for president. As if nothing happened. Sadly, given the soporific state of our mainstream media – particularly on sensitive issues like these – their silence is nothing new, although it does seem to have gotten even worse in recent years. The late William Colby, CIA director from 1973 to 1976, has been quoted as saying: “The CIA owns everyone of any significance in the major media.” Whether or not Colby was quoted correctly, the experience of the past several decades suggests it is largely true. Better sourced is a quote from William Casey, CIA director from 1981 to 1987: “We’ll know our disinformation program is complete when everything the American public believes is false.”
  • In these circumstances, we know from sad experience that there is no way any of us can get on any of the Sunday talk shows, for example – despite our enviable record for getting it right. Nor does it seem likely that any of the “mainstream” media will invite you to discuss the highly instructive revelations in The Guardian. We respectfully suggest that you take the initiative to obtain media exposure for this very important story.
Paul Merrell

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

  • The details are still a little cloudy, but in December, Senator Mark Udall revealed that the Senate Intelligence Committee had come across an internal CIA study that apparently corroborated the information that is in the big Senate report -- and which directly contradicted claims by the CIA to the Committee about how the report was inaccurate -- suggesting that, on top of everything else, the CIA lied to the Intelligence Committee. Udall quizzed CIA boss John Brennan about that internal report. And according to the NY Times, it appears that CIA folks freaked out that the Intelligence Committee somehow got access to that internal study, and responded the way the CIA knows best: by starting to spy on Intelligence Committee staffers: The agency’s inspector general began the inquiry partly as a response to complaints from members of Congress that C.I.A. employees were improperly monitoring the work of staff members of the Senate Intelligence Committee, according to government officials with knowledge of the investigation. The committee has spent several years working on a voluminous report about the detention and interrogation program, and according to one official interviewed in recent days, C.I.A. officers went as far as gaining access to computer networks used by the committee to carry out its investigation.
  • On Tuesday, Udall sent a strongly worded letter to President Obama, pushing for the declassification and release of the big 6,300 page report, but also that internal CIA study, which would highlight how the CIA lied. On top of that, he made an oblique reference to this spying activity by the CIA: As you are aware, the CIA has recently taken unprecedented action against the Committee in relation to the internal CIA review, and I find these actions to be incredibly troubling for the Committee's oversight responsibilities and for our democracy. It is essential that the Committee be able to do its oversight work -- consistent with our constitutional principle of the separation of powers -- without the CIA posing impediments or obstacles as it is today. In many ways, the idea that the CIA is directly spying on the Senate Committee charged with its own oversight is a bigger potential scandal than many of the Snowden NSA revelations so far. Even more importantly, it may finally lead to Congress taking action against an out-of-control intelligence community.
Paul Merrell

Drone strikes counterproductive, says secret CIA report - 0 views

  • Drone strikes and other "targeted killings" of terrorist and insurgent leaders favoured by the US and supported by Australia can strengthen extremist groups and be counterproductive, according to a secret CIA report published by WikiLeaks.According to a leaked document by the CIA's Directorate of Intelligence, "high value targeting" (HVT) involving air strikes and special forces operations against insurgent leaders can be effective, but can also havenegative effects including increasing violence and greater popular support for extremist groups.The leaked document is classified secret and "NoForn" (meaning not to be distributed to non-US nationals) and reviews attacks by the United States and other countries engaged in counter-insurgency operations over the past 50 years.The CIA assessment is the first leaked secret intelligence document published by WikiLeaks since 2011. Led by Australian publisher Julian Assange, the anti-secrecy group says the CIA assessment is the first in what will be a new series of leaked documents relating to the US agency.
  • The 2009 CIA study lends support to critics of US drone strikes in Afghanistan, Iraq, Pakistan, Somalia and Yemen by warning that such operations "may increase support for the insurgents, particularly if these strikes enhance insurgent leaders' lore, if non-combatants are killed in the attacks, if legitimate or semi-legitimate politicians aligned with the insurgents are targeted, or if the government is already seen as overly repressive or violent".
  • The CIA study observes that the US-led coalition in Afghanistan made "a sustained effort since 2001 to target Taliban leaders", but "Afghan government corruption and lack of unity, insufficient strength of Afghan and NATO security forces, and the country's endemic lawlessness have constrained the effectiveness of these counter-insurgency elements"."Senior Taliban leaders' use of sanctuary in Pakistan has also complicated the HVT effort," the CIA says. "Moreover, the Taliban has a high overall ability to replace lost leaders, a centralised but flexible command and control overlaid with egalitarian Pashtun structures, and good succession planning and bench strength, especially at the middle levels."The CIA study also reports mixed results for such tactics in Iraq, noting that al-Qaeda in Iraq "initially lost several iterations of its senior leadership and numerous local emirs, but these losses initially did little to slow AQI's momentum".
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  • Similarly, the CIA observes that Israel's "targeted-killings campaign" against Hamas and Hezbollah was of limited effectiveness owing to "decentralised command structures, compartmented leadership, strong succession planning, and deep ties to their communities, making the[se] groups highly resilient to leadership losses".The CIA review does suggest that targeted killings can be useful when they are part of a broader counter-insurgency strategy that employs other military and non-military counter-insurgency instruments. 
  • Drone strikes and other "targeted killings" of terrorist and insurgent leaders favoured by the US and supported by Australia can strengthen extremist groups and be counterproductive, according to a secret CIA report published by WikiLeaks.According to a leaked document by the CIA's Directorate of Intelligence, "high value targeting" (HVT) involving air strikes and special forces operations against insurgent leaders can be effective, but can also havenegative effects including increasing violence and greater popular support for extremist groups.
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    The report is at http://www.wikileaks.org/cia-hvt-counterinsurgency/ Apparently we have a new leaker with access to top secret/no foreign documents.  
Paul Merrell

CIA and White House under pressure after Senate torture report leaks | World news | the... - 0 views

  • A leak of the major findings of a landmark Senate inquiry into the CIA’s post-9/11 torture of terrorism detainees led, on Friday, to intensified pressure on the White House and the CIA to release the inquiry speedily and with a minimum of redactions.The classified study, prepared by the Senate select committee on intelligence, concluded that the CIA’s interrogations, secret detentions and outsourced torture sessions were “brutal, and far worse than the agency communicated to policymakers.” More suspected terrorists underwent the agency’s post-9/11 treatment, which largely lasted from 2002 to 2006, than the CIA has publicly admitted, according to the report’s findings, which were first reported by McClatchy. Last week, committee chairwoman Dianne Feinstein of California stated that the Senate investigated the cases of 100 detainees – dozens more than previously known to have gone through the CIA’s so-called “interrogation, detention and rendition” programs.
  • In addition to misleading policymakers, the Senate report charges the CIA with selectively and leaking classified and inaccurate information to journalists in order to portray the program in a positive light.“The CIA manipulated the media by co-ordinating the leak of classified information, which inaccurately portrayed the effectiveness of the agency’s enhanced interrogation techniques,” the committee found.The agency also, according to the report, provided factually inaccurate information to Bush administration lawyers, who relied on it to concoct the legal theories that underpinned an apparatus of torturous interrogations and detentions that quickly spread to US military facilities at Guantánamo Bay, Iraq and Afghanistan.
  • According to the leaked conclusions, the committee found that that the agency poorly managed its interrogation and detention efforts. It relied extensively on outside contractors for design and implementation, especially “two contract psychologists,” whom an earlier Senate Armed Services Committee investigation identified as Bruce Jessen and Jim Mitchell. Both men were influential in retrofitting techniques that had been designed to train captured US troops to survive and resist torture by foreign adversaries for use on detainees.“Numerous internal critiques and objections concerning the CIA’s management and use of the Detention and Interrogation [sic] were ignored,” according to the committee findings. Those internal critiques include a now partially declassified 2004 inspector general’s report.
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  • Despite the acrimony, the White House announced last week that the CIA will lead the executive-branch panel that will recommend how much of the Senate report’s executive summary, findings and recommendations to make public, a decision blasted by human-rights groups and intelligence scholars as a conflict of interest.
  • In a letter he sent to President Obama on Friday, Senator Mark Udall, a Democrat from Colorado, wrote, "[T]he most pressing reason for the White House to step in and manage this process is the CIA's clear conflict of interest on this issue and its demonstrated inability to face the truth about this program. … The CIA is certainly entitled to issue a public response to the Committee's study, but not to impede the declassification of the study itself."
Paul Merrell

CIA 'tortured al-Qaeda suspects close to the point of death by drowning them in water-f... - 0 views

  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.” The account of extreme CIA interrogation comes as the US Senate prepares to publish a declassified version of its so-called Torture Report – a 3,600-page report document based on a review of several million classified CIA documents.
  • A second source who is familiar with the Senate report told The Telegraph that it contained several unflinching accounts of some CIA interrogations which – the source predicted – would “deeply shock” the general public. Dianne Feinstein, the Democrat chair of the Senate Intelligence Committee that authored the report has promised that it will expose “brutality that stands in stark contrast to our values as a nation”. The Senate report is understood to accuse the CIA of lying and of grossly exaggerating the usefulness of torture. It is being angrily opposed by many senior Republicans, former CIA operatives and Bush-era officials, including the former US vice president Dick Cheney, who argue that is it poorly researched and politically motivated. The CIA has previously admitted that it used black sites to subject at least three high-value al-Qaeda detainees to “enhanced interrogation” – namely Mohammed, the alleged USS Cole bomber Abd al Rahim al Nashiri and alleged senior Bin Laden aide Abu Zubaydah.
  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.”
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    If this report is accurate, there are some CIA types desperately in need of being confined to a prison for the rest of their lives, as well as all superiors who knew of it but did not act to stop it. They need to be removed from humanity's gene pool. And for my money, anyone who was tortured should be set free and paid hefty damages. 
Paul Merrell

Torture Report Revives Rogue Image the CIA Has Sought to Erase - Bloomberg - 0 views

  • This week’s Senate report on the CIA’s use of harsh interrogation methods is neither the first nor the worst time the agency has run afoul of its congressional overseers. Four decades ago, a series of hearings on Capitol Hill helped reveal that the CIA-run Phoenix Program in South Vietnam, working in concert with the U.S. and South Vietnamese militaries, had “neutralized” -- killed, detained or recruited -- as many as 80,000 people suspected of being members of the Communist Vietcong and used gang rape, beatings and electric shock as well as waterboarding to interrogate prisoners. Then in 1975 and 1976, a Senate panel took a broader look into the dark side of the Central Intelligence Agency and found that the nation’s spies seemed to have few limits, with covert activities that included plotting to assassinate foreign leaders, domestic spying and LSD experiments on unwitting subjects.
  • The Church committee, the investigative panel named for Democratic chairman Frank Church of Idaho, published 14 reports on CIA activities, including efforts to kill leaders in Cuba, Chile, the Democratic Republic of the Congo, the Dominican Republic and Vietnam; a secret program to open Americans’ mail; and a mind-control program called MKULTRA
  • It led to creation of the current congressional intelligence committees to guard against CIA abuses and resulted in an executive order by Republican President Gerald Ford banning assassinations of foreign leaders.
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  • Obama has defended CIA Director John Brennan, who this week said that the agency’s methods produced “intelligence that helped thwart attack plans, capture terrorists and save lives.” Brennan said the report was wrong to suggest the CIA “systematically and intentionally misled” Congress and the White House.
  • Nevertheless, the new findings are a blow to the agency Brennan leads. “The Senate intel report is right up there with the Church committee in the scathing criticism of the agency,” said Thomas Blanton, director of the National Security Archive at George Washington University in Washington.
  • This image of the CIA supposedly having run amok and having done all this torture stuff on its own will stick with a large part of the American public,” said Paul Pillar, a former senior CIA analyst who had a 28-year career in the intelligence community. “The idea that the CIA has been lying to the president, lying to the Justice Department, lying to the Congress, and even lying to itself about how effective these programs were -- that’s the real show-stopper in the Senate intel report,” Blanton said. “That’s really the most remarkable piece of it.” The Church committee, despite the breadth of its review, “did not produce this kind of damning indictment using the CIA’s own words and own evidence,” Blanton said.
  • Pillar said the reaction to the CIA’s interrogation methods reflects a public mood change from the “fears and emotions” immediately after the Sept. 11 attacks. Similarly, Americans at first accepted the internment of Japanese-Americans after the attack on Pearl Harbor, a policy since considered a black mark in American history, he said. “The CIA is where the people who are on the bottom end of the political process happen to work, but this was a much bigger process where the bigger story was how the American mood, as expressed by the public and our political leaders, has changed significantly since the first year or two after 9/11, when there was much more willingness to compromise long-held values in the name of American security,” Pillar said.
  • In 1984, Senate Intelligence Committee chairman Barry Goldwater, an Arizona Republican, wrote an angry “Dear Bill” letter to CIA Director William Casey amid reports that the CIA was covertly involved in mining Nicaraguan harbors. “I’m pissed off,” Goldwater wrote, complaining that Casey had misled the committee on an action that amounted to an act of war. The panel’s Democratic vice chairman, Daniel Patrick Moynihan of New York, quit the committee as the “most emphatic way to protest” the Reagan administration’s failure to inform lawmakers.
Paul Merrell

Presence of U.S. Nuclear Weapons in Okinawa - 0 views

  • Also posted today are recently released CIA documents containing bogus information about Iraq’s nuclear programs
  • Two CIA reports on Iraq and its weapons activities produced during the months after 9/11; the CIA had denied both in their entirety. Neither treated Iraq as a significant threat, but both made claims which would become part of the justification for the 2003 war: that Iraq 1) had acquired aluminum tubes for gas centrifuges and 2) had deployed mobile biological laboratories, claims which were later disproven.
  • Documents 5A-B: Iraq through CIA Eyes after 9/11 A: Central Intelligence Agency, “The Iraq Threat,” 15 December 2001, SPWR [Senior Publish When Ready] 12501-07, Top Secret, excised copy B: Central Intelligence Agency, Senior Executive Memorandum [SEM], “In Response to a query about the status of Iran’s nuclear program,” 11 January 2002, Top Secret, excised copy Source: MDR request to CIA These two high-level CIA assessments from late 2001 and early 2002 demonstrate the lack of solid intelligence regarding Iraq’s WMD programs during the run-up to the 2003 war in Iraq.[3] There was a marked gap between the empirical information which the CIA could report, and be certain about, and the threat assessments which analysts were tasked to produce. Worst-case outcomes are proposed, then quickly undermined by admitting the lack of any intelligence to support doomsday scenarios. “The worst case scenario is illicit acquisition of sufficient fissile material, uranium or plutonium, to allow Baghdad to produce a crude nuclear weapon within a year. CIA has not detected a dedicated Iraqi effort to obtain fissile material from another government or on the black market but Baghdad could be expected to entertain any offers it deems credible” [SEM].
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  • The memoranda also indicate a significant disparity between what was probable, and what was feared. The analysts were most confident assessing that Saddam Hussein could be developing nuclear capabilities in just under ten years. Iraq might produce a “nuclear weapon, potentially late this decade,” the SEM notes. The SPWR, on the other hand, concludes: “Iraq is trying to jump-start a clandestine uranium enrichment program to produce the fissile material for a weapon, potentially by late this decade.” Those assessments were produced in the shadow of the failure of U.S. intelligence to detect Saddam Hussein’s clandestine nuclear program before the Gulf War. CIA analysts were hesitant to conclude that Iraq was not an immediate threat, yet they had little evidence indicating the existence of an Iraqi nuclear program that genuinely posed a hazard. “Saddam never abandoned his nuclear weapons program, but reporting on Iraqi efforts to revive it is limited. Iraq continues to employ effective denial and deception measures and there are no indicators that Baghdad has embarked on an extensive nuclear weapons effort as it did before the Gulf War” [SEM]. The released paragraphs addressing Iraq’s support of terrorism failed to mention al-Qaeda, surprising in light of claims from Bush Administration officials that Iraq was linked to terrorism and September 11. The Senior Executive Memorandum notes: “Baghdad has reduced its reliance on surrogates, preferring instead to use its own intelligence services for sensitive terrorist operations,” making a connection to non-Iraqi terrorist groups, including al-Qaeda, doubtful. Within Iraq, the 2001 memo notes how Saddam maintained a “multilayered and pervasive security apparatus.” The underground networks were critical to the anti-American insurgency that developed following the 2003 U.S. invasion, fragments of which have since evolved into the Islamic State. 
  • Despite their equivocal findings, these reports are evidence of the intelligence failure which contributed to the U.S. war. For example, CIA analysts linked the procurement of aluminum tubes to the potential development of centrifuges for uranium enrichment – an assertion later seized on by top officials as evidence that Iraq was trying to reconstitute its nuclear weapons program. Interestingly, intelligence analysts at the Department of Energy disagreed with this CIA contention, instead assessing that the aluminum tubes in question were much more likely intended for more benign purposes. However this disagreement did not appear to receive a full vetting during the lead-up to the 2003 war. Just as dubious were the CIA statements about mobile biological warfare laboratories, information that can be traced back to the notorious dissembler Curveball.
Paul Merrell

Tikkun Daily Blog » Blog Archive » Obama Suppressing 6,000-Page Report on CIA... - 0 views

  • Over a year ago, the Senate Intelligence Committee voted to adopt a historic, 6,000-page report which contains “startling details” about CIA misdeeds related to its torture program. The report, which cost $40 million to produce and appears to pose no national security threats, has been set for release since December 13, 2012. However, it has yet to see the light of day. The reason: the Obama administration continues to suppress its release, apparently for no reason other than to protect the reputations of the guilty. Per The Atlantic‘s Conor Friedersdorf:
  • [Over a year ago], the Senate Intelligence Committee voted to adopt a 6,000-page report on the CIA rendition, detention, and interrogation program that led to torture. Its contents include details on each prisoner in CIA custody, the conditions of their confinement, whether they were tortured, the intelligence they provided, and the degree to which the CIA lied about its behavior to overseers. Senator Dianne Feinstein declared it one of the most significant oversight efforts in American history, noting that it contains “startling details” and raises “critical questions.” But all these months later, the report is still being suppressed. The Obama Administration has no valid reason to suppress the report. Its contents do not threaten national security, as evidenced by the fact that numerous figures who normally defer to the national-security state want it released with minor redactions. The most prominent of all is Vice President Joe Biden. The Center for Victims of Torture, in advocating for the public’s right to fully understand the CIA’s lawless torture program during the Bush administration, has procured the signatures of 58 national security experts and officials. These signatures include U.S. senators, former Obama administration officials and retired military leaders. President Obama once promised that his White House would be the most transparent in history, and went so far in February to claim that such is indeed the case. This most-transparent-ever administration is now
  • marking the CIA report as classified, determined “to keep secret the most thorough accounting we have of the agency’s lawless, immoral behavior.” Is President Obama bowing to factions within the CIA? Shielding the powerful from rebuke during his own illegal drone program? Protecting past criminals as a down payment on future investigations? To answer those questions would be to speculate. However, what is known is this: if we don’t fully understand those CIA abuses perpetrated in the name of the State and national security, we are more likely to allow those abuses to happen again.
Paul Merrell

WASHINGTON: Probe: Did the CIA spy on the U.S. Senate? | National Security & Defense | ... - 0 views

  • The CIA Inspector General’s Office has asked the Justice Department to investigate allegations of malfeasance at the spy agency in connection with a yet-to-be released Senate Intelligence Committee report into the CIA’s secret detention and interrogation program, McClatchy has learned.The criminal referral may be related to what several knowledgeable people said was CIA monitoring of computers used by Senate aides to prepare the study. The monitoring may have violated an agreement between the committee and the agency. The development marks an unprecedented breakdown in relations between the CIA and its congressional overseers amid an extraordinary closed-door battle over the 6,300-page report on the agency’s use of waterboarding and harsh interrogation techniques on suspected terrorists held in secret overseas prisons. The report is said to be a searing indictment of the program. The CIA has disputed some of the reports findings.
  • White House officials have closely tracked the bitter struggle, a McClatchy investigation has found. But they haven’t directly intervened, perhaps because they are embroiled in their own feud with the committee, resisting surrendering top-secret documents that the CIA asserted were covered by executive privilege and sent to the White House.McClatchy’s findings are based on information found in official documents and provided by people with knowledge of the dispute being fought in the seventh-floor executive offices of the CIA’s headquarters in Langley, Va., and the committee’s high-security work spaces on Capitol Hill. The people who spoke to McClatchy asked not to be identified because the feud involves highly classified matters and carries enormous consequences for congressional oversight over the executive branch.
  • In question now is whether any part of the committee’s report, which took some four years to compose and cost $40 million, will ever see the light of day.The report details how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture, according to public statements by committee members. It also shows, members have said, how the techniques didn’t provide the intelligence that led the CIA to the hideout in Pakistan where Osama bin Laden was killed in a 2011 raid by Navy SEALs.The committee determined earlier this year that the CIA monitored computers – in possible violation of an agreement against doing so – that the agency had provided to intelligence committee staff in a secure room at CIA headquarters that the agency insisted they use to review millions of pages of top-secret reports, cables and other documents, according to people with knowledge.Sen. Ron Wyden, D-Oregon, a panel member, apparently was referring to the monitoring when he asked CIA Director John Brennan at a Jan. 29 hearing if provisions of the Federal Computer Fraud and Abuse Act “apply to the CIA? Seems to me that’s a yes or no answer.”Brennan replied that he’d have to get back to Wyden after looking into “what the act actually calls for and it’s applicability to CIA’s authorities.”
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    This one should be fun to watch. 
Paul Merrell

Revealed: Inside the Senate report on CIA interrogations | Al Jazeera America - 0 views

  • A still-classified report on the CIA's interrogation program established in the wake of 9/11 sparked a furious row last week between the agency and Senate Intelligence Committee chairwoman Dianne Feinstein. Al Jazeera has learned from sources familiar with its contents that the committee's report alleges that at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department. Two Senate staffers and a U.S. official, who spoke on the condition of anonymity because the information they disclosed remains classified, told Al Jazeera that the committee's analysis of 6 million pages of classified records also found that some of the harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received. They said the report suggests that the CIA knowingly misled the White House, Congress and the Justice Department about the intelligence value of detainee Zain Abidin Mohammed Husain Abu Zubaydah when using his case to argue in favor of harsher interrogation techniques.
  • Even before accessing the documents, committee staffers received crucial information in a briefing from former FBI agent Ali Soufan in early 2008, according to Al Jazeera’s sources. Soufan — who now runs a private security and intelligence consultancy — told the staffers that he had kept meticulous notes about the methods used by a psychologist under CIA contract to interrogate Abu Zubaydah at a CIA black site in Thailand after his capture in Pakistan in March of 2002. Soufan's account, the staffers say, shows that torture techniques were used on Abu Zubaydah even before some had been sanctioned as permissible by the Bush administration.
  • Two Senate staffers told Al Jazeera that the Panetta documents question the Bush administration claims about the efficacy of Abu Zubaydah’s torture, and the staffers noted that some of the techniques to which he was subjected early in his captivity had not yet been authorized.
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  • Soufan described his briefing of Intelligence Committee researchers in his memoir, “The Black Banners.” “In early 2008, in a conference room that is referred to as a sensitive compartmented information facility (SCIF), I gave a classified briefing on Abu Zubaydah to staffers of the Senate Select Committee on Intelligence,” Soufan wrote. “The staffers present were shocked. What I told them contradicted everything they had been told by Bush administration and CIA officials. When the discussion turned to whether I could prove everything I was saying, I told them, ‘Remember, an FBI agent always keep his notes.’ ”  The committee tried to gain access to Soufan’s notes — then in possession of the CIA and FBI — after it launched a review of the agency’s detention and interrogation program in 2009. But Senate investigators were told, according to Al Jazeera’s sources, that Soufan’s notes were missing and could not be found in either the FBI’s or CIA’s computer system, where other classified records about the interrogation program were stored. More than a year later, the notes ended up with the Senate Intelligence Committee, although it's not clear whether they were turned over to committee investigators by the CIA or FBI or if they were in the cache of documents taken by investigators from the secure facility in Northern Virginia in 2010, which Senate staffers refer to as the Panetta review.
  • A few weeks before the 2009 announcement of the Senate Intelligence Committee’s investigation, Abu Zubaydah’s attorney Brent Mickum was invited to meet with committee staffers in a secure conference room in the Senate Hart Office Building in Washington. Mickum recalled in an interview with Al Jazeera that committee staffers were interested in Abu Zubaydah’s recollections. “The committee was talking about torture and whether it was effective,” Mickum said. “I was able to relate to them what Abu Zubaydah told me. We talked about where he was tortured. I told them where we thought he was. I told them that the government confirmed he was never a member of Al-Qaeda. The drawings were then passed around the room.” Mickum and his co-counsel, Amy Jacobsen, presented to the committee staffers a set of ink drawings on yellow legal paper marked top secret by the CIA. Abu Zubaydah, they said, made the sketches to depict his torture and the torture of two other high-value detainees. One of the highly detailed drawings, according to knowledgeable intelligence officials, depict Abu Zubaydah being waterboarded. 
  • Senate staffers told Al Jazeera that Abu Zubaydah’s drawings were used in the report’s narrative but that the CIA objected to including copies of the images as exhibits.
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation.
  • Chris Anders, senior legislative counsel for the American Civil Liberties Union, told Al Jazeera he's not surprised by the CIA's response, because many of those involved in the creation of the interrogation program still work at the agency and may fear being placed in legal jeopardy.  “Whatever is in the report is big enough and significant enough that the CIA has fought tooth and nail to keep it buried,” Anders said. “If what comes out in this report is as bad as some senators have said, it’s going to require a broader and deeper discussion about what took place, and it will be up to the president and Congress to lead the country through it, figure out what it means and how we need to respond to clean it up.”
Paul Merrell

Senate CIA torture report could throw Gitmo hearings into chaos | Al Jazeera America - 0 views

  • The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe. The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system. Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive. In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.
  • But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. “The U.S. government has gone to great lengths to classify evidence of crimes — crimes committed by U.S. actors,” said Army Maj. Jason Wright, one of Mohammed’s military defense attorneys. “Were this information in this Senate report to be revealed … it would completely gut the classification architecture currently in place before the commissions.” The panel is expected to vote April 3, and it is widely believed the panel will approve release of its 400-page executive summary. If that happens, Wright said, he anticipates petitioning the military court to amend the protective order that treats all information about the CIA torture program as classified.
  • The report is likely to contain reams of information that has not yet come to light. Intelligence Committee Chairwoman Sen. Dianne Feinstein has said the report “includes details of each detainee in CIA custody, the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy — or inaccuracy — of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” Wright said that in addition to seeking a change to the protective order, he would file discovery motions to gain access to the 6.2 million pages of documents the Senate had. Such a move would lead to further legal wrangling and delay the start of the trial, which the government hopes will get underway in September. “We have an absolute right to review that and have it produced in discovery,” Wright said.
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  • Richard Kammen, al-Nashiri’s civilian defense attorney, meanwhile, has already filed a motion with the military court to obtain a complete, unredacted copy of the Senate Intelligence Committee’s report. The motion, submitted in September prior to the revelations that have surfaced about infighting between the CIA and Senate committee investigators, said the report “will be central to the accused’s defense on the merits, in impeaching the credibility of the evidence against him and in mitigation of the death sentence the government is seeking to impose.” If the entire report were declassified by the Intelligence Committee, it “would be huge because it would really eliminate the ‘need’ for military commissions, which are in my view mainly a vehicle to have what will look like trials but will keep whatever evidence of torture the judge ultimately allows secret from or sanitized to the public,” Kammen said.
  • But not everyone expects the report to be released in great detail. Air Force Capt. Michael Schwartz, the attorney for alleged 9/11 co-conspirator Walid bin Attash, doesn’t believe the Senate committee’s report will ever see the light of day. If it is released, he said it will be highly redacted, rendering it useless to the public and Attash’s defense team. “This whole military commissions system is designed to make sure this information is never known to the public,” Schwartz said. “No one in my office is naive enough to think this report will come out in any unredacted form. Certainly that report contains a lot of mitigating information that would be relevant to the defense of this case. But I don’t believe for a second that we will see anything in that report that actually sheds light on the crimes committed by the CIA against our clients between 2003 and 2006.” Air Force Col. Morris Davis, the former chief prosecutor at Guantánamo and a staunch critic of the military commissions, doesn’t believe the Senate committee’s report “is legally relevant” to the military commission trial of Mohammed and the other high-value detainees. But he does believe it will force the hearings more into the public.
  • “Where I do think it will have an impact is in the assessment of whether those legal relevance proceedings take place in open court or in secret closed sessions,” he said. “The report is likely to officially reinforce and amplify what the public already knows about this regrettable chapter in our history. It should further undercut the government’s claim that all this absolutely must stay hidden behind closed doors or else cataclysmic things will happen.” Army. Lt. Col. Todd Breasseale, a Pentagon spokesman who deals with detainee matters at Guantánamo, declined to discuss the Senate report or how its release may affect the commissions. "I can't imagine a world where competent counsel — be they from the government or defense — would announce in advance, any strategy they might pursue or make predictions on how any given issue might affect the progress of their case," Breasseale said.
  • Daphne Eviatar, a lawyer for Human Rights First who has closely observed and written about the military commission proceedings, said whether the Senate’s report is a game changer will ultimately depend on what is declassified. Perhaps details of the interrogations will be released, or they may be heavily redacted. “Either way, you can be sure the defense lawyers will try to reopen this issue, and the government will fight it, and the case will get bogged down once again in months of argument in pretrial hearings that are already taking forever,” she said.
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    A ray of sunlight ahead in the Gitmo detainee prosecutions?
Gary Edwards

The Black Banners : Six Questions for Ali Soufan-By Scott Horton (Harper's Magazine) - 0 views

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    3. The major still-unanswered question from 9/11 may be this: Why did the CIA keep information about Khalid Al-Mihdhar - the 9/11 team member who was identified before the attacks as having a U.S. visa and tracked into the United States - secret from the FBI and other law enforcement agencies? Clearly this information could have been used to stop the 9/11 plot, yet CIA officials lied about it repeatedly, and have never been held to account either for their failure to inform or their lies. Do you have an answer? My hands started shaking. I didn't know what to think. "They just sent these reports," the [CIA chief of station*] said, seeing my reaction. I walked out of the room, sprinted down the corridor to the bathroom, and fell to the floor next to a stall. There I threw up. I sat on the floor for a few minutes, although it felt like hours. What I had just seen went through my mind again and again. The same thought kept looping back: "If they had all this information since January 2000, why the hell didn't they pass it on?" My whole body was shaking… I got myself to the sink, washed out my mouth, and splashed some water on my face. I covered my face with a paper towel for a few moments. I was still trying to process the fact that the information I had requested about major al-Qaeda operatives, information the CIA had claimed they knew nothing about, had been in the agency's hands since January 2000. The SWAT agent asked, "What's wrong, bud? What the hell did he tell you?" "They knew, they knew." -From The Black Banners: The Inside Story of 9/11 and the War Against al-Qaeda. (*Redacted in original - text restored by Harper's). Reprinted by permission of W.W. Norton & Co., © 2011 Ali Soufan. Sadly no. To date we've never been told why the information wasn't passed to the team investigating the USS Cole attack, the State Department, or the Immigration and Naturalization Service, nor why he wasn't put on a no-fly list, al
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