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Paul Merrell

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

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

When the CIA's Empire Struck Back | Global Research - 0 views

  • In the mid-1970s, Rep. Otis Pike led a brave inquiry to rein in the excesses of the national security state. But the CIA and its defenders accused Pike of recklessness and vowed retaliation, assigning him to a political obscurity that continued to his recent death. Otis Pike, who headed the House of Representatives’ only wide-ranging and in-depth investigation into intelligence agency abuses in the 1970s, died on Jan. 20. A man who should have received a hero’s farewell passed with barely a mention. To explain the significance of what he did, however, requires a solid bit of back story.
  • Rep. Otis Pike, D-New York, took over what became known as the “Pike Committee.” Under Pike, the committee put some real teeth into the investigation, so much so that Ford’s White House and the CIA went on a public-relations counterattack, accusing the panel and its staff of recklessness. The CIA’s own historical review acknowledged as much:
  • “The final draft report of the Pike Committee reflected its sense of frustration with the Agency and the executive branch. Devoting an entire section of the report to describing its experience, the committee characterized Agency and White House cooperation as ‘virtually nonexistent.’ The report asserted that the executive branch practiced ‘footdragging, stonewalling, and deception’ in response to committee requests for information. It told the committee only what it wanted the committee to know. It restricted the dissemination of the information and ducked penetrating questions.”
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  • Essentially, the CIA and the White House forbade the Pike report’s release by leaning on friendly members of Congress to suppress the report, which a majority agreed to do. But someone leaked a copy to CBS News reporter Daniel Schorr, who took it to the Village Voice, which published it on Feb. 16, 1976. Mitchell Rogovin, the CIA’s Special Counsel for Legal Affairs, threatened Pike’s staff director, saying, “Pike will pay for this, you wait and see … We [the CIA] will destroy him for this. … There will be political retaliation. Any political ambitions in New York that Pike had are through. We will destroy him for this.” And, indeed, Pike’s political career never recovered. Embittered and disillusioned by the failure of Congress to stand up to the White House and the CIA, Pike did not seek reelection in 1978 and retired into relative obscurity.
  • But what did Pike’s report say that was so important to generate such hostility? The answer can be summed up with the opening line from the report: “If this Committee’s recent experience is any test, intelligence agencies that are to be controlled by Congressional lawmaking are, today, beyond the lawmaker’s scrutiny.” In other words, Otis Pike was our canary in the coal mine, warning us that the national security state was literally out of control, and that lawmakers were powerless against it. Pike’s prophetic statement was soon ratified by the fact that although former CIA Director Richard Helms was charged with perjury for lying to Congress about the CIA’s cooperation with ITT in the overthrow of Chilean President Salvador Allende, Helms managed to escape with a suspended sentence and a  $2,000 fine.
  • As Pike’s committee report stated: “These secret agencies have interests that inherently conflict with the open accountability of a political body, and there are many tools and tactics to block and deceive conventional Congressional checks. Added to this are the unique attributes of intelligence — notably, ‘national security,’ in its cloak of secrecy and mystery — to intimidate Congress and erode fragile support for sensitive inquiries. “Wise and effective legislation cannot proceed in the absence of information respecting conditions to be affected or changed. Nevertheless, under present circumstances, inquiry into intelligence activities faces serious and fundamental shortcomings. “Even limited success in exercising future oversight requires a rethinking of the powers, procedures, and duties of the overseers. This Committee’s path and policies, its plus and minuses, may at least indicate where to begin.” The Pike report revealed the tactics that the intelligence agencies had used to prevent oversight, noting the language was “always the language of cooperation” but the result was too often “non-production.” In other words, the agencies assured Congress of cooperation, while stalling, moving slowly, and literally letting the clock run out on the investigation. The Pike Committee, alone among the other investigations, refused to sign secrecy agreements with the CIA, charging that as the representatives of the people they had authority over the CIA, not the other way around.
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    The Senate's Church Committee gets all the publicity but the House Pike Committee did much of the heavy lifting in the mid-1970s investigation of spy agency abuse. This is a good solid overview of that committee's work in historical context and a troubling reminder that the NSA's current confrontational tactics with Congress are nothing new.
Paul Merrell

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

  • The White House has been withholding for five years more than 9,000 top-secret documents sought by the Senate Select Committee on Intelligence for its investigation into the now-defunct CIA detention and interrogation program, even though President Barack Obama hasn’t exercised a claim of executive privilege.In contrast to public assertions that it supports the committee’s work, the White House has ignored or rejected offers in multiple meetings and in letters to find ways for the committee to review the records, a McClatchy investigation has found.The significance of the materials couldn’t be learned. But the administration’s refusal to turn them over or to agree to any compromise raises questions about what they would reveal about the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists in secret overseas prisons.The dispute indicates that the White House is more involved than it has acknowledged in the unprecedented power struggle between the committee and the CIA, which has triggered charges that the agency searched the panel’s computers without authorization and has led to requests to the Justice Department for criminal investigations of CIA personnel and Senate aides.“These documents certainly raise the specter that the White House has been involved in stonewalling the investigation,” said Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School.The committee and the CIA declined to comment.
  • In a prepared statement to McClatchy, the White House confirmed that “a small percentage” of the 6.2 million pages of documents provided to the committee were “set aside because they raise executive branch confidentiality interests.”
  • In question are 9,400 documents that came to the committee’s attention in 2009, McClatchy has learned. It’s unclear whether the CIA first gave the committee staff access to the materials before the White House withheld them.But Obama hasn’t formally decreed that the documents are protected by executive privilege, McClatchy learned. Although the doctrine isn’t mentioned explicitly in the Constitution, the Supreme Court recognized in 1974 a limited power by the White House to withhold certain communications between high officials and close aides who advise and assist them.
Paul Merrell

And The Benghazi Media Circus Plays On… | Global Research - 0 views

  • A recent article written by this writer for Global Research posted last Saturday – “The Benghazi Scandal Is Obama’s Watergate But Worse” – was written in an effort to seek and uncover the truth. Accurate reporting on major world events is a challenge in today’s world where propaganda and disinformation are mainstream media norms and where virtually all major players in American politics simply lie through their teeth every time they open their mouths in constant effort to look good and cover up the truth. The American public knows this pathetic and sobering fact that deception has come to rule in the world of both politics and the media. People today neither believe their newscasters nor their political leaders. That is why examining the content of the tidal wave of assertions and opinions spewing forth from politicians and pundits in the aftermath of the latest Benghazi revelations must be taken with a grain of salt. Again, truth in today’s world is hard to come by. But as an investigative reporter, presenting a brief overview of recent comments and statements for any informed citizen to process and digest seems a worthwhile and important enterprise.
  • A timeline of recently unfolding events: On 10/12/12 exactly one month after the Benghazi incident, the legal conservative group Judicial Watch filed a Freedom of Information Act request seeking documents related to the Benghazi attack on September 11th, 2012 that killed the US Ambassador to Libya Christopher Stevens and three other Americans. Obama, who had campaigned on a promise of transparency in the criminal wake of the Bush regime, has proven to be anything but open and transparent. Having to sue the US government for access to the records, on April 18th, 2014, a full year and a half later, the Obama administration’s stonewalling ultimately failed and Judicial Watch successfully got hold of 41 State Department Benghazi related documents. Emails between high level White House officials discussing damage control strategies in the immediate aftermath of the Benghazi assault were released last week. Jubilant Republicans are now calling one of those emails their “smoking gun,” believing it is so incriminating that it will do in their would-be opponent Hillary Clinton from potentially competing in the 2016 presidential election.
  • The newly declassified email written by Obama’s then Deputy Strategic Communications Adviser Ben Rhodes specifically directed then UN Ambassador Susan Rice in preparation for her Sunday morning talk show appearances on September 16th, 2012 to explain the administration’s take on what it knew of the Benghazi murders. Rhodes advised Rice to attribute the Benghazi uprising as “rooted in an Internet video, and not a failure of policy,” pushing talking points designed to bolster Obama’s presidential image as a cool-as-a-cucumber-under-fire kind of wise and benevolent leader and statesman. The major emphasis of the email instructed Rice to blame the bogus anti-Moslem video as inciting a spontaneous protest like in other countries in the region that apparently grew violently out of control, of course all the while knowing that that was a boldface lie. This crucial piece of evidence proves that President Obama and Secretary of State Hillary Clinton both knew that the video did not cause the attack but that they chose to willfully deceive the American public in order to protect their own political careers and hence was born the infamously never ending Benghazi cover-up. Obama and Hillary withheld this damning email evidence even from the House Oversight Committee led by Congressman Darrel Issa (R-CA) requesting all documents pertaining to Benghazi more than a year ago. With the presidential election less than two months away at the time of the attack, Obama and Hillary were determined at all cost to keep hidden from Americans the real truth of criminal Benghazi activity they were guilty of engaging in during the months leading up to the attack. Last Thursday an angry Issa subpoenaed current Secretary of State John Kerry to appear before the committee on May 21st to further explain why those critical State Department records recently given to Judicial Watch were not among the 3200 documents originally handed over to his committee well over a year ago.
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  • Investigative reporter Kenneth R. Timmerman as author of a new forthcoming book entitled ‘Dark Forces: The Truth About What Happened in Benghazi’ states: We know that orders were issued, then recalled, to deploy a 50-man Special Forces unit from Croatia that could have reached Benghazi within hours.Timmerman concludes that to date no documents revealing the person who ordered that unit to stand down have yet to surface.
  • Within hours of the general’s testimony came rebukes from both the senior Republican and Democrat on the powerful House Armed Services Committee making claims backing the administration’s that the military was incapable of responding in time to assist the ill-fated Americans in Benghazi. Because they represent the military in Congress that had already drawn the conclusion that nothing tactically could have been done to save the four Americans, they were quick to rebut the general’s testimony. Yet the day before 9/11 every year since 9/11/01 including on 9/10/11, the president meets with top military and security personnel to ensure that US embassies around the globe are bolstered with much needed extra security for 9/11 readiness. Yet the Benghazi compound was so insecure despite repeated requests, both Obama and the military apparently failed to have any military units on standby that could reach Benghazi to be of service on the night of 9/11/12. And this comes after intelligence sources have been reporting insufficient security at the Benghazi embassy compound.
  • Another disclosure at last Thursday’s House Oversight Committee hearing further damaging the credibility and actions of the Obama administration came from retired Air Force General Robert Lovell who at the time of Benghazi was in Germany serving as the senior African Command deputy director for intelligence. Lovell testified, “We should have sent help,” adding that the White House decision not to attempt military assistance due to the time factor was unacceptable. Lovell also stated unequivocally that the military knew that the Benghazi attack had nothing to do with the video falsely used by the administration to explain away the tragedy. The ex-general felt his military should have intervened and was waiting all night long for the call that never came from his bosses in Washington. Clearly he feels a sense of remorse and regret over the passivity imposed on him by his commander-in-chief Obama and State Department head Clinton.
  • Meanwhile, last week in a heated exchange with ABC correspondent Jon Karl a visibly agitated White House Press Secretary Jay Carney insisted that Rhodes’ email was not related to Benghazi at all but referred to the Moslem protests generally taking place in the region in response to the video. The next day Fox reporter Ed Henry engaged Carney on the same issue, eliciting the same haranguing reaction. All this appears to be yet more desperate lies in a feeble attempt to cover his bosses’ Obama and Hillary’s asses called criminal guilt, and by so doing committing his own. Carney had been among the original recipients of Rhodes’ email. Carney further explained that the same Rhodes talking points echoed those delivered earlier to Congress and the White House by deputy CIA director Mike Morell who a month ago claimed he received no pressure or influence from anyone in the Obama administration in coming up with his version of what most likely transpired on 9/11/12 based on all CIA intelligence sources available at the time. Yet on his own Morell admitted to toning down the intelligence reports leading up to the Benghazi attack purposely so as to not appear to be an “I told you so” gesture that would offend Hillary and her State Department. That said, Hillary’s underling and rising star Victoria Nuland (the later promoted to profanity-speaking Assistant Secretary of State who played such a key role in the recent US backed fascist Ukrainan coup) objected to Morell’s talking points that in her mind leaned too heavily toward blaming her boss and their State Department for insufficient security at the Benghazi compound. Her words:
  • Why do we want Hill to start fingering Ansar Al Sharia [the known al Qaeda affiliated attackers that murdered the four Americans], when we aren’t doing that ourselves until we have the investigation results…and the penultimate point could be abused by Members to beat the State Department for not paying attention to Agency warnings so why do we want to feed that?… Concerned.Observe how the exclusive focus of all post-Benghazi interdepartmental correspondence from Rhodes’ to Morell’s to Nuland’s all center on appearance and potential perception to avoid CYA blame. Furthest down on their priority list is honest and truthful disclosure and self-accountability. Again, the name of the game in the world of politics is passing the buck whenever possible to minimize potential heat that comes with looking bad and maximizing looking good by any means or lies necessary. Benghazi perfectly illustrates all of this.
  • Based on the information finally coming to light all last week, last Friday House Speaker John Boehner (R-OH) called for a special select committee not unlike the one for Watergate to further investigate Benghazi. Representative Trey Gowdy (SC-R) has already been selected as its lead investigator. This grandstanding ploy seems a bit superfluous and redundant since the House Oversight Committee has ostensibly been trying to get to the bottom of Benghazi for nearly a year and a half, albeit thus far ineffective in its results, no help from the State Department’s prior email omissions. Not only is Benghazi the hot topic buzzing here in America, on that same day last Friday, more bullets was buzzing in Benghazi as well. Nine police security soldiers were gunned down by, you guessed it, the same murderers still remaining at large that were behind the 9/11/12 Benghazi attack – the militant group the US has for years labeled an al Qaeda affiliated terrorist organization Ansar al-Sharia. After massacring 31 peaceful demonstrators protesting outside the militants’ headquarters last June, last week’s massacre is a powerful statement showing that the terrorists are still in charge in Benghazi and immune from any accountability from the US installed puppet government either in Tripoli or Washington. They remain free men at large despite Obama’s promise to hunt them down and bring them to justice.
  • The senior Democratic House Intel Committee Representative Adam Schiff (D-CA) typifies the partisan Obama-Hillary politics games of each side racing to the media to point fingers at each other in their same old, same old blame game. On Sunday Schiff stated he does not want any Democrats to participate in the newly forming select committee that the Republican House Speaker Boehner has just recently called for, already naming its GOP chair. That is simply a game the Dems will refuse to play. Why? Because Republicans cannot make them. Sound familiar? Perhaps your 7-year old child might employ this same game strategy. Insider Dems like former White House advisor turned ABC analyst (and another original recipient of Rhodes’ infamous email) David Plouffe conveniently took to ABC’s Sunday morning On This Week with George Stephanopoulos crying foul even louder with their familiar “conspiracy” chant they customarily use to discredit any criticism leveled at the Obama administration. His cries reaching desperation this week accuse a “very loud, delusional minority” of Republicans of an obsessive politics game over Benghazi. Another all too familiar grade school tactic, whatever misbehavior you are accused of, simply accuse your enemy of the same offense, an old early childhood trick that you never need outgrow in the world of politics.
  • Still another indignant reaction hardcore defenders of Hillary and Obama are now quick to cite are the thirteen embassy attacks that occurred as so called “Benghazi’s on Bush’s watch” when not a peep was ever heard from the press. This straw house strategy is designed to show how Republicans and Fox News are hypocritical in their obsession to find dirt on Benghazi where they deny any exists. Yet this accusation seems to omit one very significant fact. Not one of those embassy attacks during the Bush regime resulted in any murdered Americans, much less four of them and one being a US Ambassador, something that has not happened in the last 32 years before Benghazi. The media circus demonizing partisan politics players on both sides epitomizes why the US government is so utterly broken, horribly dysfunctional, morally bankrupt and totally ineffective in addressing any and all of the most pressing problems facing America and the world today. The blame game is all they know. Yet in all their exaggeration, lies, name calling and finger pointing, not one of them is even addressing the pink elephant in the room.
  • Obama, Hillary and then CIA Director retired General Betrayus Petraeus were/are international gun running criminal outlaws of the worst kind, working with the very same al Qaeda terrorist bunch that murdered those four nearly forgotten Americans. US tax dollars were/are going into the pockets of Ansar al-Sharia and al Qaeda mercenaries that looted Muammar Kaddafi’s gold cache and enormous weapon arsenal that included chemical weapons as well as surface to air missiles. And Obama, Petraeus and 2016 presidential heir apparent Hillary were in deep over their heads under Hillary and Stevens’ State Department cover, shipping them from Benghazi through Turkey to Syria to covertly fight a war by proxy against Assad’s government forces. After more than three bloody years, to this day the US is still bent on destroying another sovereign nation posing absolutely no security threat to America. These are the war crimes constantly being committed by Obama, Petraeus and Hillary and their lies upon lies are unraveling at an accelerated clip with each passing month. Thus, expect to see more desperate acts of aggression from desperate despots who know that their jig is up. Yet desperate despots do not care how many humans they will take down with them. But justice for these longtime perpetrators of multiple crimes against humanity will be served in the end.
Paul Merrell

Why Russia Matters to the Boston Bombing Suspect's Defense - WhoWhatWhy - 0 views

  • But a close look at the nature of the information Tsarnaev’s defense team has repeatedly requested from prosecutors in motions to the court suggests Tsarnaev’s lawyers are trying to pry loose something about the government’s relationship with the Tsarnaevs prior to the bombing on April 15, 2013.The key to this relationship may lie in a store of information that the Russians delivered to U.S. investigators in the days after the bombing. Equally, it may be found in warnings Moscow delivered to U.S. investigators before the attack. Either way, the U.S. government has fought hard to keep the lid on what it knows.The defense team’s motive in asking for such information is clear enough: they are angling for anything that might convince jurors to spare their client’s life. But the government’s stonewalling raises serious questions about why it wants to keep secret what the Russians knew about the Tsarnaevs, and how and when this information reached the FBI and the CIA.
  • Already, Tsarnaev is facing an uphill battle because of a widespread presumption of his guilt—a presumption fed, in large part, by law enforcement leaks and an unquestioning media. The FBI has been waging an apparent war on witnesses, characterized by the scorched-earth tactic of intimidating, arresting, deporting, and, in one case, killing them. That has rendered them inaccessible to Tsarnaev’s defense.These hardball tactics appear to be just part of the government strategy of suppressing information in the case. The Justice Department’s trump card is the ability to withhold information based on national security claims. That is in addition to an overwhelming financial advantage.
  • The defense team has thus repeatedly had to ask U.S. District Judge George A. O’Toole Jr. to compel the government to release information. That has eaten up a lot of time critical in preparing the defense case.Not that Tsarnaev has been given much of it. One statistic tells the story: Tsarnaev’s team has had about half of the preparation time that defense lawyers in federal death penalty cases have been granted over the past decade—18 months versus a median of 36. So the prospects for getting the whole story behind the bombing laid out in open court look bleak.
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  • All of this brings up numerous questions, not the least of which are:
  • But is there more to the government’s obstruction tactics? Is there something in those conversations that the government doesn’t want to come up at trial? After all, it was the Tsarnaev family that repeatedly claimed the FBI tried to recruit Tamerlan as an informant—a claim the agency quickly batted down as ridiculous.However, the aggressive and well-documented efforts by the FBI to infiltrate the Muslim community with informants and provocateurs makes the FBI’s denials ring a little hollow.
  • But is there another reason for the government’s stonewalling? Is the deeper motive to suppress evidence that could uncover serious government misjudgments or, worse, malfeasance?Despite the fact that the U.S. government’s relationship with the Tsarnaevs prior to the bombing has great relevance to victims of the bombing—and to the public at large—current national security classification rules make it unlikely that such information will ever see the light of day.It’s important to note that defense lawyer Clarke has made a career out of keeping high-profile individuals presumed to be guilty out of the proverbial electric chair. In this case, maybe she senses a cover-up.In the process of trying to keep Tsarnaev alive, it may be that she and her team will make a crack in the walls protecting the truth about what the government knew, and when.
Paul Merrell

ACLU files new lawsuit over Obama administration drone 'kill list' | World news | The G... - 0 views

  • As the US debates expanding its campaign against the Islamic State beyond Iraq and Syria, the leading US civil liberties group is intensifying its efforts to force transparency about lethal US counterterrorism strikes and authorities. On Monday, the American Civil Liberties Union (ACLU) will file a disclosure lawsuit for secret Obama administration documents specifying, among other things, the criteria for placement on the so-called “kill list” for drone strikes and other deadly force. Information sought by the ACLU includes long-secret analyses establishing the legal basis for what the administration terms its “targeted killing program” and the process by which the administration determines that civilians are unlikely to be killed before launching a strike, as well as verification mechanisms afterward to establish if the strike in fact has caused civilian deaths.
  • “Over the last few years, the US government has used armed drones to kill thousands of people, including hundreds of civilians. The public should know who the government is killing, and why it’s killing them,” Jameel Jaffer, deputy legal director for the ACLU, told the Guardian.
  • The ACLU suit proceeds after the Obama administration disclosed none of the lethal counterterrorism documentation through a Freedom of Information Act request the civil liberties group launched in October 2013. According to the new lawsuit, the departments of state, justice and defense, as well as the CIA, have stonewalled the ACLU’s requests for nearly 18 months. Recent legal history suggests the ACLU is in for an uphill court struggle. The Obama administration, which has called itself the most transparent in history, has thus far repelled or delayed ACLU lawsuits for disclosure around drone strikes and the 2011 assassination of Anwar al-Awlaki, a US citizen and al-Qaida propagandist. Additionally, the administration is fighting the ACLU on the legality of its bulk surveillance activities and to prevent the release of thousands of graphic photographs detailing Bush-era torture by the CIA and military. Yet the administration has seen the courts chip away at its blanket denials of documents sought by the ACLU. Most of the intelligence community’s disclosures of surveillance memos since Edward Snowden’s revelations have followed the administration’s courtroom losses to the ACLU and other civil-liberties groups. In June, the second circuit court of appeals forced the Department of Justice to release much of a critical 2010 memo blessing the killing of Awlaki. (The ACLU is seeking the release of 10 more major intelligence memos related to targeted killing.)
Paul Merrell

Florida Event Spotlights Signs of Foreign Support of 9/11 Plot | 28Pages.org - 0 views

  • Last month, 9/11 parents Loreen and Matt Sellitto hosted an informative event focused on one of the most important yet least-understood aspects of September 11: the extent to which the terrorists received support from foreign governments—and the extent of the government’s knowledge of that support, both before and after the attacks.
  • Held in Naples, Florida, the November 11 event was called “The Untold Story of 9/11: A Conversation with Bob Graham.” Following opening remarks from host Loreen Sellitto and from Terry Strada of 9/11 Families United for Justice Against Terrorism, the event featured three speakers: Former Senator Bob Graham, the most prominent voice outside government fighting for declassification of the 28 pages. Broward Bulldog editor Dan Christensen, who broke the story of the FBI’s discovery of a 9/11 cell in Sarasota, and who continues working to bring FBI investigation documents into the daylight. Attorney Tom Julin, who is helping the Broward Bulldog in its effort to overcome the government’s stonewalling. Here, we cover many of the highlights; a full video of the event can be found at the bottom of the page.
  • Broward Bulldog Battles Feds Over Sarasota Investigation Christensen’s quest for answers about foreign sources of support of the 9/11 hijackers began in 2011 with a tip passed to him by Anthony Summers, who, with his wife Robbyn Swan, had just completed their book, “The Eleventh Day.” Summers and Swan had learned about an FBI investigation of a Saudi family with close ties to the Saudi government that suddenly abandoned its upscale home just outside Sarasota about two weeks before 9/11. Pursuing the lead, Christensen contacted Senator Graham for his insights into the Sarasota cell. Braced for the possibility that Graham would decline comment because of classification restraints, Christensen was stunned to learn that Graham—who had been chairman of the Senate Intelligence Committee and co-chaired the joint Congressional inquiry into 9/11—was unable to comment for an altogether different reason: Graham said the FBI had never told him about its Sarasota investigation.
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  • Christensen then inquired with the FBI, which confirmed there had been an investigation, but said it found no connection to 9/11. Next, seeking to learn how they reached that conclusion, he requested the FBI’s investigation documents using the Freedom of Information Act (FOIA), but the FBI said there were no documents matching the request. Finding that completely implausible, in September 2012, Christensen and the Broward Bulldog filed a FOIA lawsuit. About six months later, the FBI sent Christensen 35 partially redacted pages that contained a bombshell conclusion directly contradicting the government’s earlier denials: The investigation had in fact “revealed many connections” between the Saudi family that fled their home and “individuals associated with the terrorist attacks on 9/11/2001.” (Indeed, investigations showed the home had been called and even visited by future 9/11 hijackers.)
  • In April 2014, as the Bulldog’s lawsuit progressed, Fort Lauderdale U.S. District Judge William Zloch ordered the FBI to conduct a more thorough search of its files, chiding the government for advancing “nonsensical” legal arguments in its effort to maintain secrecy. Later, he ordered the FBI to turn over more than 80,000 pages from its Tampa office so he could personally review them and reach his own conclusions about the need for secrecy. The judge’s review of that enormous cache is still underway.
  • Julin, in addition to providing an interesting elaboration on the legal battle to liberate the FBI’s Sarasota files, explained the Broward Bulldog’s attempts to secure the release of the 28-page finding on foreign government support of the 9/11 hijackers found in the 2002 report of the joint Congressional inquiry. Julin is helping Christensen, Summers and Swan push for the declassification of the 28 pages through a little-known process called Mandatory Declassification Review. Under that process, an agency’s refusal to declassify material can ultimately be appealed to a multi-agency panel that reviews the material and presents a recommendation to the president. The panel is now reviewing the 28 pages. While there’s no deadline, Julin has been told to expect the panel’s recommendation to President Obama sometime this winter.
  • Graham also explored the questions of: Why would the Saudis support Islamic terrorists operating in the United States? Why did the Bush administration shield Saudi Arabia by preventing the release of damning material? Why would the Obama administration continue the Bush administration’s “soft treatment” of Saudi Arabia? In the course of his remarks, Graham briefly discussed two of his books. The first, “Intelligence Matters: The CIA, the FBI, Saudi Arabia and the Failure of America’s War on Terror,” is a non-fiction work, which required advance clearance from the federal government that resulted in many passages being censored. That disappointing experience prompted Graham to do an end-run around government censors by publishing “Keys to the Kingdom,” a work labelled as fiction but which Graham used to write on the topic with greater freedom.
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