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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

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?
Paul Merrell

Republicans Want Obama to Send Benghazi Suspect to Guantanamo - 0 views

  • Republicans want President Barack Obama to send the first suspect arrested in the 2012 attack in Benghazi, Libya, that left four Americans dead to the prison in Guantánamo Bay, Cuba. Sen. John McCain of Arizona was among a group of Senate Republicans urging for Ahmed Abu Khatallah to be sent to Guantánamo — even as Attorney General Eric H. Holder Jr. put out a statement declaring his intent to try Khatallah in U.S. courts. “That’s where the detention facilities are. … It’s totally inappropriate to keep him anywhere else,” McCain said. Sen. Lindsey Graham, R-S.C., said Guantánamo has yielded significant intelligence over the years. “We’re turning war into a crime and it’s going to bite us in the butt,” he said. Democrats, however, dismissed the idea, and Holder made clear Khatallah would stand trial. “Khatallah currently faces criminal charges on three counts, and we retain the option of adding additional charges in the coming days,” Holder said. “Even as we begin the process of putting Khatallah on trial and seeking his conviction before a jury, our investigation will remain ongoing as we work to identify and arrest any co-conspirators.”
Paul Merrell

Legally required video surveillance - The Washington Post - 1 views

  • Chicago Mayor Rahm Emanuel has proposed an ordinance that would compel all gun dealers to video-record sales (“to discourage traffickers and buyers who use false identification”). Presumably the video recordings would have to be kept for an extended time, since future investigations that would use the video recordings could happen years after the sale. A similar New York state bill would require that the videos be kept for one year. Likewise, two weeks ago, Minnesota enacted a law — with much less fanfare — that would require video- or photo recording of people who come to sell cellular phones, with each recording to be kept for at least 30 days:
  • The ostensible focus of the law is on people who sell the phones (presumably in order to deter phone theft), but any video cameras — which “must be turned on at all times” — will also capture all cell phone buyers as well. The Center for Democracy & Technology has more on this statute. Likewise, last year, Minnesota enacted a similar law applicable to people who sell scrap vehicles, presumably aimed at sellers of stolen vehicles. I suspect that, especially if the gun sales videorecording bills are enacted, similar laws will be proposed for sales of alcohol (which is often sold to underage buyers who have fake IDs, or to straw purchasers who are buying on behalf of an underage buyer), for sales of marijuana in places where it has been legalized, for sales of legal substances that are nonetheless potential drug or bomb precursors, and so on.
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    And of course it's only a hop from the video surveillance database to the facial recognition database. This is straight out of George Orwell's "1984" novel. Big Brother wants to watch you at all times, whether your conduct is legal or not. But note that because these measures do not discriminate between the lawful and unlawful conduct there's a strong argument that a prohibited Fourth Amendment search and seizure is involved, without particularized suspicion of a particular crime, i.e., without "probable cause." 
Paul Merrell

Did Congress's Best Plan for NSA Reform Just Lose Its Teeth? | The Nation - 0 views

  • For the first time since Edward Snowden revealed some of the National Security Agency’s (NSA’s) surveillance programs last June, a congressional committee has voted to send legislation intended to curb the government’s spying power on for a full vote. On Wednesday, the House Judiciary Committee passed a version of the USA Freedom Act, considered by civil liberties advocates to be among the strongest of several competing reform bills. But what lawmakers voted unanimously to approve is a trimmed down version that is narrower in significant ways. The revision is the result of an agreement crafted by members of the Judiciary Committee— including Republican chairman Bob Goodlatte, who voted previously against an attempt to limit the NSA’s reach—in a bid to win wider support. In its compromised form the bill is more specifically focused on the phone records program and the statute that authorizes it, Section 215 of the Patriot Act. Under the amended version of the bill, the government itself would no longer be allowed to hold a database of people’s calling records, and would have to seek a judge’s order before collecting data held by the telecom companies—a change that President Obama has said he would support. The bill would also increase transparency by allowing phone companies to inform the public about the requests for data they receive.
  • Cut out of the amended version is a ban on unauthorized “back door” searches, the practice of mining a database of foreigners’ communications for the emails and phone calls of American citizens. Such searches are made under a different authority, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lawmakers left untouched during Wednesday’s markup. The amendment also softened reforms to the secret court that authorizes the NSA’s surveillance activities, and preserved the requirement that the government need only prove “reasonable articulable suspicion” that records sought are relevant to an open investigation—the NSA’s preferred relevancy standard.
  • there’s valid concern that the phone records program will turn out to be a sacrificial lamb for the administration, something given up in the hopes that Congress will wash its hands of the rest. The dragnet is not disappearing under the USA Freedom Act; metadata will still be available to the government, if not quite so freely; and a single court order will allow officials to explore phone records two “hops” away from the initial target—potentially millions of records. It’s unclear whether the bill explicitly bars intelligence agencies from collecting the contents of communications under Section 215, a provision that originally distinguished the USA Freedom Act from Rogers’s bill. Though the ban was absent in the version that passed the committee, Lofgren speculated that the omission was due to a clerical error. What’s for sure is that Congress’s ability to truly reform—and oversee— the intelligence community remains unclear.
Paul Merrell

The Pentagon's slush fund is arming a War Zone on Main Street. Let's end the local-cop ... - 0 views

  • What many other communities across America have learned since is that we're living in what the writer Radley Balko calls the age of the "warrior cop". And when warrior cops want a straight-outta-Baghdad toy, it's increasingly and unnecessarily simple for them to use a federally enabled slush-fund to wreak havoc – particularly against minorities, and even at a pumpkin festival. It's also pretty simple to start accounting for all the high-tech violence."Before another small town's police force gets a $700,000 gift from the Defense Department that it can't maintain or manage," Rep Hank Johnson of Georgia told me this week, "we need to press pause and revisit the merits of a militarized America."
  • The ACLU released a devastating report this week examining more than 800 incidents of Swat team deployments conducted by 20 law enforcement agencies between 2010 and 2013. It's a small sample of the estimated 45,000 deployments that occur in the US each year (up from 1,400% from the '80s), but the report reveals a picture of law enforcement as flash-bang assault unit, with hardly an actual suspect in harm's way: pandemonium in a baby's crib; a grandfather of 12 killed by a discharged gun; Swat officers gunning down a mother as she died, child in her arms. According to the ACLU study, 79% of the incidents surveyed involved a Swat team searching a person's home, and more than 62% of the cases involved searches for drugs. That's not what Swat teams were made for.America is winding down wars abroad – depending on what the hell happens in Iraq, of course – but we are fueling an addiction to armed conflict here at home.As Balko notes in his book, The Rise of the Warrior Cop, "America's cops have increasingly come to resemble ground troops."
  • But the federal government has been enabling even more localized branches of law enforcement to get its hands on heavy-duty artillery for the last 20 years, when the Reagan administration formalized the Pentagon's so-called 1033 Program. It sends "excess" military equipment to local police departments, and combined with the Homeland Security operation that provides grants to purchase such equipment, we've got a veritable firearms sale funnelling from Washington on down to the local station house. And when local law enforcement is making hundreds of thousands of dollars off seized drug money – sometimes illegally – you've got the makings of a War Zone on Main Street.Rep Johnson has plans to introduce a bill that would reform the 1033 Program, which donated at least $500bn per year in military gear to virtually every police department in the country. "We not only lack serious oversight and accountability," Johnson wrote me in an email on Tuesday, "but we need some parameters put in place for what is appropriate." His legislation would put limitations on the transfer of certain kinds of military-grade equipment, and require the Pentagon to account for transfers of all such equipment in an annual report to Congress.
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  • The ACLU also made several recommendations in its report – state laws to restrain Swat teams, plus transparency and strict oversight – that all make sense, as do training sessions for more of our trigger-happy "rescue" officers. But this was perhaps the most endemic part of that report:Overall, 42% of people impacted by a Swat deployment to execute a search warrant were black and 12% were Latino. This means that of the people impacted by deployments for warrants, at least 54% were minorities.Whether this is by accident or design, the racial reality of America's militarized law enforcement offers yet another compelling reason why the dangerous trend of warrior-style policing needs to be re-examined – and then reversed.When the first Swat team was deployed in the late '60s, its target was a single remaining cell of the Black Panthers. Nearly half a century later, all the nation's a theater, and we are merely the pumpkin eaters – with half a million bucks worth of smashing, exploding, high-artillery gear for the taking.
Paul Merrell

State gives Benghazi panel 4,000 pages of new documents | TheHill - 0 views

  • The chairman of the House Select Committee on Benghazi on Thursday announced that the State Department has handed over 4,000 pages of new documents to the panel.
  • The documents come from the State Department’s Accountability Review Board (ARB) investigation into the deadly assault on the diplomatic outpost in Benghazi, Libya.They include, among other things, emails and interview summaries, according to a congressional source. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fa22de414-c764-4d03-8462-376b2375fc0c&Operation=NoScript">Amazon.com Widgets</A> This is the first time the State Department has turned over ARB documents to Congress, the agency told the select committee.
  • The 12 members of the year-old select committee have asked former Secretary of State Hillary Clinton to appear before them twice in the next two months.The first hearing, which may occur the week of May 18, will examine her use of a personal email server while acting as the nation’s top diplomat. The second, set to take place in June, will look at Clinton’s role pertaining to the deadly assault.
Paul Merrell

Blumenthal says he didn't write Libya intel he sent Clinton - Rachael Bade - POLITICO - 0 views

  • Sidney Blumenthal did not write or know the source of any of the Libya intelligence he passed on to then-Secretary of State Hillary Clinton, the top Clinton ally told investigators on the House Select Committee on Benghazi Tuesday in a closed-door deposition. Blumenthal, subpoenaed by the committee, also did not verify any of the intelligence he forwarded to the nation’s top diplomat. Instead, Blumenthal was copying and pasting memos from Tyler Drumheller, a former CIA operative who was looking into a Libya-related business venture, and sending them to Clinton, two people familiar with his testimony told POLITICO.
  • On Friday, he turned in more than 60 new Libya-related emails that either the State Department or Clinton failed to turn over. The late production of those emails suggests either the State Department or Clinton withheld correspondence the panel had requested — though the State Department and Democrats are pushing back against that notion.
  • It also still remains unclear if State has copies of the new Blumenthal-Clinton emails and did not hand them over, or if Clinton is responsible for the gaps. Clinton — who has come under intense criticism for using her personal email for work rather than a State account as is required — has said she and her team gave all her work-related correspondence over to the department, which was then tasked with going through the emails and giving the panel relevant messages. State says it doesn’t know if it has copies of the new emails because it doesn’t know which emails the panel is referring to, as they’ve not been shared.
Paul Merrell

Security Experts Oppose Government Access to Encrypted Communication - The New York Times - 0 views

  • An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.A new paper from the group, made up of 14 of the world’s pre-eminent cryptographers and computer scientists, is a formidable salvo in a skirmish between intelligence and law enforcement leaders, and technologists and privacy advocates. After Edward J. Snowden’s revelations — with security breaches and awareness of nation-state surveillance at a record high and data moving online at breakneck speeds — encryption has emerged as a major issue in the debate over privacy rights.
  • That has put Silicon Valley at the center of a tug of war. Technology companies including Apple, Microsoft and Google have been moving to encrypt more of their corporate and customer data after learning that the National Security Agency and its counterparts were siphoning off digital communications and hacking into corporate data centers.
  • Yet law enforcement and intelligence agency leaders argue that such efforts thwart their ability to monitor kidnappers, terrorists and other adversaries. In Britain, Prime Minister David Cameron threatened to ban encrypted messages altogether. In the United States, Michael S. Rogers, the director of the N.S.A., proposed that technology companies be required to create a digital key to unlock encrypted data, but to divide the key into pieces and secure it so that no one person or government agency could use it alone.The encryption debate has left both sides bitterly divided and in fighting mode. The group of cryptographers deliberately issued its report a day before James B. Comey Jr., the director of the Federal Bureau of Investigation, and Sally Quillian Yates, the deputy attorney general at the Justice Department, are scheduled to testify before the Senate Judiciary Committee on the concerns that they and other government agencies have that encryption technologies will prevent them from effectively doing their jobs.
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  • The new paper is the first in-depth technical analysis of government proposals by leading cryptographers and security thinkers, including Whitfield Diffie, a pioneer of public key cryptography, and Ronald L. Rivest, the “R” in the widely used RSA public cryptography algorithm. In the report, the group said any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk. Handing governments a key to encrypted communications would also require an extraordinary degree of trust. With government agency breaches now the norm — most recently at the United States Office of Personnel Management, the State Department and the White House — the security specialists said authorities could not be trusted to keep such keys safe from hackers and criminals. They added that if the United States and Britain mandated backdoor keys to communications, China and other governments in foreign markets would be spurred to do the same.
  • “Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”
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    Our system of government does not expect that every criminal will be apprehended and convicted. There are numerous values our society believes are more important. Some examples: [i] a presumption of innocence unless guilt is established beyond any reasonable doubt; [ii] the requirement that government officials convince a neutral magistrate that they have probable cause to believe that a search or seizure will produce evidence of a crime; [iii] many communications cannot be compelled to be disclosed and used in evidence, such as attorney-client communications, spousal communications, and priest-penitent communications; and [iv] etc. Moral of my story: the government needs a much stronger reason to justify interception of communications than saying, "some crooks will escape prosecution if we can't do that." We have a right to whisper to each other, concealing our communicatons from all others. Why does the right to whisper privately disappear if our whisperings are done electronically? The Supreme Court took its first step on a very slippery slope when it permitted wiretapping in Olmstead v. United States, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). https://goo.gl/LaZGHt It's been a long slide ever since. It's past time to revisit Olmstead and recognize that American citizens have the absolute right to communicate privately. "The President … recognizes that U.S. citizens and institutions should have a reasonable expectation of privacy from foreign or domestic intercept when using the public telephone system." - Brent Scowcroft, U.S. National Security Advisor, National Security Decision Memorandum 338 (1 September 1976) (Nixon administration), http://www.fas.org/irp/offdocs/nsdm-ford/nsdm-338.pdf   
Paul Merrell

FBI looking into the security of Hillary Clinton's private e-mail setup - The Washingto... - 0 views

  • The FBI has begun looking into the security of Hillary Rodham Clinton’s private e-mail setup, contacting in the past week a Denver-based technology firm that helped manage the unusual system, according to two government officials. Also last week, the FBI contacted Clinton’s lawyer, David Ken­dall, with questions about the security of a thumb drive in his possession that contains copies of work e-mails Clinton sent during her time as secretary of state. The FBI’s interest in Clinton’s e-mail system comes after the intelligence community’s inspector general referred the issue to the Justice Department in July. Intelligence officials expressed concern that some sensitive information was not in the government’s possession and could be “compromised.” The referral did not accuse Clinton of any wrongdoing, and the two officials said Tuesday that the FBI is not targeting her. Kendall confirmed the contact, saying: “The government is seeking assurance about the storage of those materials. We are actively cooperating.”
  • The inquiries are bringing to light new information about Clinton’s use of the system and the lengths to which she went to install a private channel of communication outside government control — a setup that has emerged as a major issue in her campaign for the Democratic presidential nomination. For instance, the server installed in her Chappaqua, N.Y., home as she was preparing to take office as secretary of state was originally used by her first campaign for the presidency, in 2008, according to two people briefed on the setup. A staffer who was on the payroll of her political action committee set it up in her home, replacing a server that Clinton’s husband, former president Bill Clinton, had been using in the house. The inquiries by the FBI follow concerns from government officials that potentially hundreds of e-mails that passed through Clinton’s private server contained classified or sensitive information. At this point, the probe is preliminary and is focused on ensuring the proper handling of classified material.
Paul Merrell

CIA SUCCESSFULLY CONCEALS BAY OF PIGS HISTORY - 0 views

  • May 21, 2014 – The U.S. Court of Appeals for the D.C. Circuit yesterday joined the CIA's cover-up of its Bay of Pigs disaster in 1961 by ruling that a 30-year-old volume of the CIA's draft "official history" could be withheld from the public under the "deliberative process" privilege, even though four of the five volumes have previously been released with no harm either to national security or any government deliberation. "The D.C. Circuit's decision throws a burqa over the bureaucracy," said Tom Blanton, director of the National Security Archive (www.nsarchive.org), the plaintiff in the case. "Presidents only get 12 years after they leave office to withhold their deliberations," commented Blanton, "and the Federal Reserve Board releases its verbatim transcripts after five years. But here the D.C. Circuit has given the CIA's historical office immortality for its drafts, because, as the CIA argues, those drafts might 'confuse the public.'" "Applied to the contents of the National Archives of the United States, this decision would withdraw from the shelves more than half of what's there," Blanton concluded.
  • The 2-1 decision, authored by Judge Brett Kavanaugh (a George W. Bush appointee and co-author of the Kenneth Starr report that published extensive details of the Monica Lewinsky affair), agreed with Justice Department and CIA lawyers that because the history volume was a "pre-decisional and deliberative" draft, its release would "expose an agency's decision making process in such a way as to discourage candid discussion within the agency and thereby undermine the agency's ability to perform its functions." This language refers to the fifth exemption (known as b-5) in the Freedom of Information Act. The Kavanaugh opinion received its second and majority vote from Reagan appointee Stephen F. Williams, who has senior status on the court.
  • On the 50th anniversary of the Bay of Pigs invasion in 2011, the National Security Archive's Cuba project director, Peter Kornbluh, requested, through the FOIA, the complete release of "The Official History of the Bay of Pigs Operation" — a massive, five-volume study compiled by a CIA staff historian, Jack Pfeiffer, in the 1970s and early 1980s. Volume III had already been released under the Kennedy Assassination Records Act; and a censored version of Volume IV had been declassified years earlier pursuant to a request by Pfeiffer himself. The Archive's FOIA request pried loose Volumes I and II of the draft history, along with a less-redacted version of Volume IV, but the CIA refused to release Volume V, so the Archive filed suit under FOIA in 2012, represented by the expert FOIA litigator, David Sobel. In May 2012, U.S. District Judge Gladys Kessler held that Volume V was covered by the deliberative process privilege, and refused to order any segregation of "non-deliberative" material, as required by FOIA.
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  • The Archive appealed the lower court's decision, and with representation from the distinguished firm of Skadden Arps Meagher Slate & Flom, brought the case to the D.C. Circuit, with oral argument in December 2013. The National Coalition for History, including the American Historical Association and other historical and archival professional organizations, joined the case with an amicus curiae brief authored by the Jones Day law firm arguing for release of the volume. Titled "CIA's Internal Investigation of the Bay of Pigs Operation," Volume V apparently contains Pfeiffer's aggressive defense of the CIA against a hard-hitting 1961 internal review, written by the agency's own Inspector General, which held the CIA singularly responsible for the poor assumptions, faulty planning and incompetence that led to the quick defeat of the paramilitary exile brigade by Fidel Castro's military at the Bahia de Cochinos between April 17 and April 20, 1961. The Archive obtained under FOIA and published the IG Report in 1998. The CIA has admitted in court papers that the Pfeiffer study contains "a polemic of recriminations against CIA officers who later criticized the operation," as well as against other Kennedy administration officials who Pfeiffer contended were responsible for this foreign policy disaster. In the dissenting opinion from the D.C. Circuit's 2-1 decision yesterday, Judge Judith Rogers (appointed by Bill Clinton) identified multiple contradictions in the CIA's legal arguments. Judge Rogers pointed out that the CIA had failed to justify why release of Volume V would "lead to public confusion" when CIA had already released Volumes I-IV. She noted that neither the CIA nor the majority court opinion had explained "why release of the draft of Volume V 'would expose an agency's decision making process,'" and discourage future internal deliberations within the CIA's historical office any more than release of the previous four volumes had done.
  • Prior to yesterday's decision, the Obama administration had bragged that reducing the government's invocation of the b-5 exemption was proof of the impact of the President's Day One commitment to a "presumption of disclosure." Instead, the bureaucracy has actually increased in the last two years its use of the b-5 exemption, which current White House counselor John Podesta once characterized as the "withhold if you want to" exemption. The majority opinion also left two openings for transparency advocates. It invites Congress to set a time limit for applying the b-5 exemption, as Congress has done in the Presidential Records Act. Second, it concludes that any "factual material" contained in the draft should be reachable through Freedom of Information requests.
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    "Causing public confusion" is a weak grounds for withholding government records because the agency has the option of issuing clarifying statements. Indeed, much of what government does causes public confusion. Hopefully, the Archive will pursue en banc reconsideration and/or seek Supreme Court review. 
Paul Merrell

Canada: The Ottawa Shootings and the Derogation of Constitutional Rights. Did Zebaf-Bib... - 0 views

  • The tragic shooting of Cpl. Nathan Cirillo on October 22, 2014 at the War Memorial in Ottawa, Ontario, Canada followed by a shoot-out at the House of Commons, and the death of the shooter, Michael Zebaf-Bibeau, serves as a catalyst to advance several hidden government agendas. The Canadian government wants to spread unreasonable fear of radical, violent Muslim terrorists so that it can better control all Canadians, especially those who choose to exercise their constitutionally enshrined rights. The government is also advancing a social control mechanism so that it can deny and negate domestic constitutional rights, in particular Section 35 of the Constitution Act, 1982 which recognizes and affirms aboriginal and treaty rights
  • It is very unlikely that Michael Zebaf-Bibeau acted alone. Prof. John McMurtry, author of The Cancer Stage of Capitalism From Crisis to Cure explains in “Canada: Decoding Harper’s Terror Game. Beneath the Masks and Diversions” describes Zebaf-Bibeau as a “ clinically insane, drug-addicted petty criminal living in a homeless shelter in Ottawa who had warned a judge in front of the police back in 2011:”‘If you can’t keep me in, I’m going to do something”. Furthermore, McMurtry wonders, “Who could have been a better tool for the events to come?” The notion that Zebaf-Bibeau was being exploited or set up by a handler/manager/police-informer is further reinforced by observations of investigative reporter Amy MacPherson who credibly claims in “Government Envisages Anti-Constitutional Surveillance Law During Ottawa Shooting” that U.S authorities had advance information. She wonders “… how American intelligence knew the name of a ‘possible terrorist’ as the mayhem was still unfolding. How did Americans know when Canadians didn’t, and how was this information so widespread that American media and Google had access to distribute, but domestic reporters on the scene did not?”
  • The theory that U.S agencies were somehow implicated in the tragedy is further reinforced by the fact that Operation Determined Dragon, a joint Canada/U.S counter-terrorism drill, was executed from 20 to 29 October 2014, so the murder of Cpl. Nathan Cirillo coincided with the time that Determined Dragon was being executed. Yet the Canadian government frames this tragedy as rooted in Islamic terrorism rather than the more credible alternative: that a homeless drug addict could have been used as a tool to further an already finalized agenda to participate in an illegal war in Iraq, and to restrict the rights and freedoms of all Canadians. Not surprisingly, the passing of the anti-constitutional surveillance law – Bill C-13, had also been expedited.
Paul Merrell

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

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

Iran's Political Infighting Intensifies | nsnbc international - 0 views

  •  Former Iranian President Mahmoud Ahmadinejad’s intention to run for a seat in the Majlis, the country’s unicameral legislature, isn’t sitting well with his opponents, led by current President Hassan Rouhani.
  • For the past several months, Rouhani’s team has been availing itself of the levers of power to prevent Ahmadinejad from returning to public life. Rouhani’s operatives have been using targeted strikes against Ahmadinejad’s inner circle, without hurting him directly for the time being. Accusations of incompetence and corruption are being levied, and the current Iranian administration says those factors are the primary reason for the country’s dire economic straits.
  • They single out former First Vice President Mohammad Reza Rahimi. He is accused of using his high-level government position to pressure leaders of the National Insurance Company, forcing them to transfer large sums of US currency to accounts under his control. On September 30, Iranian authorities formally indicted Rahimi, charging him with embezzling public funds. Taking Iran’s decision-making structure into account, Rouhani first enlisted the support of Iran’s Supreme Leader Ayatollah Ali Khamenei before setting out after one of Ahmadinejad’s closest associates. Another prominent person who has come under criminal investigation is Iranian multimillionaire Babak Zenjani, the owner of numerous companies and assets. His net worth, according to Western experts, is estimated at nearly $14 billion. During Ahmadinejad’s presidency, shady contracts for the sale of crude oil were funneled through Zenjani to skirt sanctions on shell corporations. This was necessary to supplement the country’s budget. According to the testimony of Iranian Oil Minister Bijan Namdar Zangene, Zenjani owes his agency $2.7 billion, which was transferred to Malaysia‘s First Islamic Investment Bank. The money was earmarked to pay contractors for their work in Iran’s oil refining sector. Zenjani is also accused of not paying back a large amount of money he obtained from black-market oil transactions, a sum of about several billion dollars. As for Zenjani himself, he says that Western sanctions are to blame. Because of the sanctions a portion of the money “is stuck” in foreign banks, he says.
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  • The unfolding scandal surrounding the alleged misuse of funds allocated for construction of affordable housing for low-income families, a program also known as Mehr, could deal another blow to Ahmadinejad. Opponents of the former president are demanding a thorough probe, claiming that he stole tens of billions of dollars. External observers say reformers led by Rouhani are using the attacks to try to weaken the conservatives’ influence on politics and the economy. We can expect that in the time leading up to the next parliamentary elections, which are slated for March 2016, Iran‘s political infighting will not only worsen but also may present some unexpected surprises.
Paul Merrell

WASHINGTON: Not just torture: Senator says CIA stalling over bogus intelligence that le... - 0 views

  • CIA Director John Brennan, under fire over the Senate report on the CIA’s use of torture, is facing new heat over his role in what a senior lawmaker calls an apparent coverup involving bogus intelligence used by the George W. Bush administration to help justify the 2003 invasion of Iraq.Carl Levin, D-Mich., who’s ending 36 years in the Senate, plans to press Brennan one last time to fulfill a pledge to support the full declassification of a CIA cable debunking the claim that the leader of the 9/11 hijackers met with an Iraqi intelligence officer in the Czech capital of Prague just months before the attacks.“Director Brennan’s apparent refusal to do what he has committed to do – to ask the Czech government if it objects to release of the cable – now takes on the character of a continuing coverup,” Levin plans to tell the Senate on Thursday, according to a draft of his speech obtained by McClatchy.
  • At a Christian Science Monitor breakfast with reporters on Wednesday, Levin said he’s been told by Czech officials that “they have no objection” to the release of the cable.Levin also pointed out that the former chief of the Czech counterintelligence service, who was in the post at the time of the alleged meeting, published a memoir this year in which he asserted that the CIA pressured him to confirm the encounter and that U.S. officials pressured the Czech government when he couldn’t do so.“Without any regard to us, they used our intelligence information for propaganda press leaks. They wanted to mine certainty from unconfirmed suspicion and use it as an excuse for military action,” wrote Jiri Ruzek. “We were to play the role of useful idiot.”The CIA declined to comment. But a U.S. intelligence official said that Levin had been told that releasing the full cable couldn’t be done without damaging intelligence sources.
  • The alleged meeting between Mohammad Atta and Ahmad Samir al Ani was repeatedly cited by former Vice President Dick Cheney before and after the invasion to bolster the Bush administration’s assertion that Saddam was in cahoots with al Qaida and could pass Iraqi weapons of mass destruction – which didn’t exist – to the terrorist group.“The notion of such a meeting was a centerpiece of the administration’s campaign to create an impression in the public mind that Saddam was in league with the al Qaida terrorists who attacked us on 9/11,” Levin planned to tell the Senate, according to the speech draft.“Now why am I bringing up a CIA cable from more than a decade ago?” the draft said. “This is about giving the American people a full account of the march to war as new information becomes available. It is about trying to hold leaders who misled the public accountable.”
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  • The March 13, 2003, cable was sent by CIA field officers in response to a request for more information on a single-source intelligence report of a meeting in a Prague park between Atta and al Ani. The cable warned that U.S. government officials shouldn’t cite the unverified report.Even so, Cheney continued to give the report credibility in media interviews, telling CNN in June 2004 that the truth of the report hadn’t been resolved.“Those statements were simply not true,” Levin said in the draft. “The vice president was recklessly disregarding the truth, and he did so in a way calculated to maintain support for the administration’s decision to go to war in Iraq.”During his February 2013 hearing to be confirmed as CIA director, Brennan was urged by Levin to ask the Czech government if it would object to the release of the cable. “Absolutely, Senator, I will,” Brennan replied.
  • After receiving no response from Brennan, Levin earlier this year blocked the nomination of Caroline Krass to be the CIA general counsel. He agreed to lift his hold on Krass after receiving a March 13 letter from Brennan that summarized the cable, saying that it cast “serious doubt” that the alleged meeting occurred.Brennan added, “Investigative records subsequently placed Atta in the United States just before and after the date on which the single-source report said the meeting was to have occurred,” according to a copy of the letter obtained by McClatchy.Brennan declassified a single line from the cable that said, “There is not one USG (U.S. government counterterrorism) or FBI expert that . . . has said they have evidence or ‘know’ that (Atta) was indeed (in Prague). In fact, the analysis has been quite the opposite.”
  • In the draft of his remarks, Levin asserted that there was other “critically relevant information” in the cable that had been “denied to the public in order to protect those in the Bush White House who are responsible” for “playing games with intelligence.”“I believe decision-makers should have to face the full, unadulterated, unredacted truth about their decisions,” said Levin. “The American people should know the full story . . . as a warning to future leaders against the misuse of intelligence and the abuse of power.”
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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  • 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.
  • 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.
  • 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

Land Destroyer: Grisly Peshawar Slaughter - Who Created Taliban, Who Still Funds Them? - 0 views

  • Taliban militants stormed an army public school in the northern city of Peshawar, killing over 100, including many young students. It is believed up to 10 militants took part in the attack, dressed as soldiers to first infiltrate the school's grounds before beginning the attack.  While the details of the attack are forthcoming, the background of the Taliban and the persistent threat it represents is well established, though often spun across the Western media.  Who Put the Taliban into Power? Who is Funding them Now?  In the 1980's the United States, Saudi Arabia, and elements within the then Pakistani government funneled millions of dollars, weapons, equipment, and even foreign fighters into Afghanistan in a bid to oust Soviet occupiers. Representatives of this armed proxy front would even visit the White House, meeting President Ronald Reagan personally. 
  • In 1997, Taliban representatives would find themselves in Texas, discussing a possible oil pipeline with energy company Unocal (now merged with Chevron). The BBC would report in a 1997 article titled, "Taleban in Texas for talks on gas pipeline," that: A senior delegation from the Taleban movement in Afghanistan is in the United States for talks with an international energy company that wants to construct a gas pipeline from Turkmenistan across Afghanistan to Pakistan. A spokesman for the company, Unocal, said the Taleban were expected to spend several days at the company's headquarters in Sugarland, Texas.
  • However, it was already claimed by the US that the Taliban had been "harboring" Osama Bin Laden since 1996, and had branded the Taliban's human rights record as "despicable." The Telegraph in an artile titled, "Oil barons court Taliban in Texas," would report (emphasis added):  The Unocal group has one significant attraction for the Taliban - it has American government backing. At the end of their stay last week, the Afghan visitors were invited to Washington to meet government officials. The US government, which in the past has branded the Taliban's policies against women and children "despicable", appears anxious to please the fundamentalists to clinch the lucrative pipeline contract. The Taliban is likely to have been impressed by the American government's interest as it is anxious to win international recognition. So far, it has been recognised only by the UAE, Saudi Arabia and Pakistan. It is clear that to the West, as they were during the proxy war against the Soviets, and during attempts to forge an oil pipeline across Afghan territory, the Taliban remain a tool, not an ally - to be used and abused whenever and however necessary to advance Wall Street and Washington's agenda - a self-serving Machiavellian agenda clearly devoid of principles. 
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  • The Global Post would reveal in a 2009 investigative report that the Taliban in neighboring Afghanistan was mostly funded via redirected US aid. The report titled, "Who is funding the Afghan Taliban? You don’t want to know," would state:  It is the open secret no one wants to talk about, the unwelcome truth that most prefer to hide. In Afghanistan, one of the richest sources of Taliban funding is the foreign assistance coming into the country. The report would also reveal that Taliban members were in the capital city of Kabul, directly involved in redirecting the funds, apparently under the nose of occupying NATO forces:
  • But the narrative of the "accidental" funding of Taliban militants in Afghanistan is betrayed when examining their counterparts in Pakistan and their source of funding. While the US funds roughly a billion USD a year to the Taliban in Afghanistan "accidentally," their allies in Riyadh, Saudi Arabia are confirmed to be funding the Taliban in Pakistan.In the Guardian's article, "WikiLeaks cables portray Saudi Arabia as a cash machine for terrorists," the US State Department even acknowledges that Saudi Arabia is indeed funding terrorism in Pakistan:   Saudi Arabia is the world's largest source of funds for Islamist militant groups such as the Afghan Taliban and Lashkar-e-Taiba – but the Saudi government is reluctant to stem the flow of money, according to Hillary Clinton."More needs to be done since Saudi Arabia remains a critical financial support base for al-Qaida, the Taliban, LeT and other terrorist groups," says a secret December 2009 paper signed by the US secretary of state. Her memo urged US diplomats to redouble their efforts to stop Gulf money reaching extremists in Pakistan and Afghanistan."Donors in Saudi Arabia constitute the most significant source of funding to Sunni terrorist groups worldwide," she said.Three other Arab countries are listed as sources of militant money: Qatar, Kuwait and the United Arab Emirates.
  • Pakistani terror organization Lashkar-e-Jhangvi - which maintains ties to the Taliban - has also been financially linked to the Persian Gulf monarchies. Stanford University's "Mapping Militant Organizations: Lashkar-e-Jhangvi," states under "External Influences:"  LeJ has received money from several Persian Gulf countries including Saudi Arabia and the United Arab Emirates[25] These countries funded LeJ and other Sunni militant groups primarily to counter the rising influence of Iran's revolutionary Shiism.   Astonishingly, despite these admission, the US still works politically, financially, economically, and even militarily in tandem with these very same state-sponsors of rampant, global terrorism. In fact, Wall Street and Washington are among the chief architects and beneficiaries of this global terrorism. 
  • Just as in Libya and Syria where the US and its Persian Gulf allies funded terrorist fronts in bids to overthrow each nation's respective governments, this unholy alliance is working in Pakistan to create a militant front with which to menace political groups in Islamabad and reorder the country to reflect and serve their collective interests. And just as in Syria now, where the US feigns to be locked in battle with terrorists of their own creation, the fact that the US is funding their own enemy billions of dollars while allegedly fighting them in Afghanistan creates a perpetual conflict justifying their continued intervention in the region - overtly and covertly.  When a terrorist attack is carried out in Pakistan by the "Taliban," it must then be looked at through this lens of global geopolitical reality. Attempts by the Western media to reduce this recent attack to mere "extremism," preying on global audiences emotionally, provides impunity for the state-sponsors of the Taliban - those funding, arming, and directing their operations across the region, and then benefiting from their horrific consequences.It appears, just as in Libya, Syria, and Iraq, the West and its allies are waging a proxy war in Pakistan as well. Attempts to exploit the tragedy in Peshawar compound this insidious agenda. Those across Pakistan's political landscape must understand that their is no line these foreign interests are unwilling to cross in achieving their agenda - be it a line crossed at a perceived ally's expense, or a perceived enemy's expense. 
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    How to fight the "Long War?" Well, you need a constant supply of new enemies to fight ...
Paul Merrell

Secret Docs Reveal Dubious Details of Targeted Killings in Afghanistan - SPIEGEL ONLINE - 0 views

  • Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.
  • The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.
  • Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.
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  • After Obama assumed office, the US government opted for a new strategy. In June 2009, then Defense Secretary Robert Gates installed Stanley McChrystal, a four-star general who had served in Iraq, as commander of US forces in Afghanistan. McChrystal promoted the aggressive pursuit of the Taliban. Obama sent 33,000 additional troops to Afghanistan, but their deployment was tied to a demand that military officials provide a binding date for the withdrawal of US forces. At the same time, the president distanced himself from the grand objectives the West had proclaimed when it first marched into Kabul. The United States would not try to make Afghanistan "a perfect place," said Obama. Its new main objective was to fight the insurgency.
  • This marked the beginning of one of the bloodiest phases of the war. Some 2,412 civilians died in Afghanistan in 2009. Two-thirds of them were killed by insurgents and 25 percent by NATO troops and Afghan security forces. The number of operations against the Taliban rose sharply, to between 10 and 15 a night. The operations were based on the lists maintained by the CIA and NATO -- Obama's lists. The White House dubbed the strategy "escalate and exit." McChrystal's successor, General David Petraeus, documented the strategy in "Field Manual 3-24" on fighting insurgencies, which remains a standard work today. Petraeus outlined three stages in fighting guerilla organizations like the Taliban. The first was a cleansing phase, in which the enemy leadership is weakened. After that, local forces were to regain control of the captured areas. The third phase was focused on reconstruction. Behind closed doors, Petraeus and his staff explained exactly what was meant by "cleansing." German politicians recall something that Michael T. Flynn, the head of ISAF intelligence in Afghanistan, once said during a briefing: "The only good Talib is a dead Talib."
  • Under Petraeus, a merciless campaign began to hunt down the so-called shadow governors and local supporters aligned with the Islamists. For the Americans, the fact that the operations often ended in killings was seen as a success. In August 2010, Petraeus proudly told diplomats in Kabul that he had noticed a shifting trend. The figures he presented as evidence made some of the ambassadors feel uneasy. At least 365 insurgent commanders, Petraeus explained, had been neutralized in the last three months, for an average of about four killings a day. The existence of documents relating to the so-called Joint Prioritized Effects List (JPEL) has only been described in vague terms until now. The missions by US special units are mentioned but not discussed in detail in the US Army Afghanistan war logs published by WikiLeaks in 2010, together with the New York Times, the Guardian and SPIEGEL. The documents that have now become accessible provide, for the first time, a systematic view of the targeted killings. They outline the criteria used to determine who was placed on the list and why.
  • According to the NSA document, in October 2008 the NATO defense ministers made the momentous decision that drug networks would now be "legitimate targets" for ISAF troops. "Narcotics traffickers were added to the Joint Prioritized Effects List (JPEL) list for the first time," the report reads. In the opinion of American commanders like Bantz John Craddock, there was no need to prove that drug money was being funneled to the Taliban to declare farmers, couriers and dealers as legitimate targets of NATO strikes.
  • The document also reveals how vague the basis for deadly operations apparently was. In the voice recognition procedure, it was sufficient if a suspect identified himself by name once during the monitored conversation. Within the next 24 hours, this voice recognition was treated as "positive target identification" and, therefore, as legitimate grounds for an airstrike. This greatly increased the risk of civilian casualties. Probably one of the most controversial decisions by NATO in Afghanistan is the expansion of these operations to include drug dealers. According to an NSA document, the United Nations estimated that the Taliban was earning $300 million a year through the drug trade. The insurgents, the document continues, "could not be defeated without disrupting the drug trade."
  • When an operation could potentially result in civilian casualties, ISAF headquarters in Kabul had to be involved. "The rule of thumb was that when there was estimated collateral damage of up to 10 civilians, the ISAF commander in Kabul was to decide whether the risk was justifiable," says an ISAF officer who worked with the lists for years. If more potential civilian casualties were anticipated, the decision was left up to the relevant NATO headquarters office. Bodyguards, drivers and male attendants were viewed as enemy combatants, whether or not they actually were. Only women, children and the elderly were treated as civilians. Even officers who were involved in the program admit that these guidelines were cynical. If a Taliban fighter was repeatedly involved in deadly attacks, a "weighing of interests" was performed. The military officials would then calculate how many human lives could be saved by the "kill," and how many civilians would potentially be killed in an airstrike.
  • In early 2009, Craddock, NATO's Supreme Allied Commander for Europe at the time, issued an order to expand the targeted killings of Taliban officials to drug producers. This led to heated discussions within NATO. German NATO General Egon Ramms declared the order "illegal" and a violation of international law. The power struggle within NATO finally led to a modification of Craddock's directive: Targets related to the drug production at least had to be investigated as individual cases. The top-secret dossier could be highly damaging to the German government. For years, German authorities have turned over the mobile phone numbers of German extremists in Afghanistan to the United States. At the same time, the German officials claimed that homing in on mobile phone signals was far too imprecise for targeted killings. This is apparently an untenable argument. According to the 2010 document, both Eurofighters and drones had "the ability to geolocate a known GSM handset." In other words, active mobile phones could serve as tracking devices for the special units.
  • The classified documents could now have legal repercussions. The human rights organization Reprieve is weighing legal action against the British government. Reprieve believes it is especially relevant that the lists include Pakistanis who were located in Pakistan. "The British government has repeatedly stated that it is not pursuing targets in Pakistan and not doing air strikes on Pakistani territory," says Reprieve attorney Jennifer Gibson. The documents, she notes, also show that the "war on terror" was virtually conflated with the "war on drugs." "This is both new and extremely legally troubling," says Gibson.
  • A 2009 CIA study that addresses targeted killings of senior enemy officials worldwide reaches a bitter conclusion. Because of the Taliban's centralized but flexible leadership, as well as its egalitarian tribal structures, the targeted killings were only moderately successful in Afghanistan. "Morover, the Taliban has a high overall ability to replace lost leaders," the study finds.
Paul Merrell

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

  • The secret arrests and detentions came to light Dec. 21 when the suspects made a brief appearance in a Brooklyn courtroom. The men are the latest example of how the Obama administration has embraced rendition — the practice of holding and interrogating terrorism suspects in other countries without due process — despite widespread condemnation of the tactic in the years after the Sept. 11, 2001, attacks. Renditions are taking on renewed significance because the administration and Congress have not reached agreement on a consistent legal pathway for apprehending terrorism suspects overseas and bringing them to justice.
  • “In a way, rendition has become even more important than before,” said Clara Gutteridge, director of the London-based Equal Justice Forum, a human rights group that investigates national security cases and that opposes the practice. Because of the secrecy involved, it is not known how many renditions have taken place during Obama’s first term. But his administration has not disavowed the practice. In 2009, a White House task force on interrogation and detainee transfers recommended that the government be allowed to continue using renditions, but with greater oversight, so that suspects were not subject to harsh interrogation techniques, as some were during the George W. Bush administration.
Paul Merrell

Israel's Africa policies 'an exercise in cynicism' - Al Jazeera English - 0 views

  • Secret documents obtained by Al Jazeera's Investigative Unit expose a deep disdain by South Africa's spies for their Israeli counterparts, with intelligence assessments accusing Israel of conducting "cynical" polices in Africa that include "fuelling insurrection", "appropriating diamonds" and even sabotaging Egypt's water supply. Political wariness on the part of the South Africans is hardly surprising given Israel's extensive military and security cooperation with the apartheid regime ousted in 1994. The current South African government is led by the African National Congress, which aligned itself with the Palestine Liberation Organisation. A secret analysis from South African intelligence dismisses a tour of African countries by the Israeli foreign minister in 2009 as "an exercise in cynicism".
  • It says Avigdor Lieberman's nine-day trip to Ethiopia, Nigeria, Ghana, Uganda, and Kenya laid the groundwork for arms deals and the appropriation of African resources, while hiding behind "a philanthropic façade".
  • Israel has long maintained ties with African countries based on its own security and diplomatic needs. Its ties with the old apartheid regime in South Africa were strongly based on military needs, and reportedly included cooperation in the development of nuclear weapons.
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  • South Africa's "Geopolitical Country and Intelligence Assessment" of October 2009 accused Israel of pursuing "destructive policies" in Africa that include: Compromising Egypt's water security : Israeli scientists, the report claimed, "created a type of plant that flourishes on the surface or the banks of the Nile and that absorbs such large quantities of water as to significantly reduce the volume of water that reaches Egypt." The report offers no additional evidence for this claim. Fuelling insurrection in Sudan: Israel is "working assiduously to encircle and isolate Sudan from the outside," the report  wrote, "and to fuel insurrection inside Sudan." Mossad agents have also "set up a communications system which serves to both eavesdrop on and secure the security of presidential telecommunications." Israel had long been at loggerheads with Khartoum, and supported the secessionist movement that eventually broke away and created South Sudan, with which it has diplomatic ties. Khartoum continues to accuse the Israelis of being responsible for attacks in Sudan.
  • Reports in the Israeli and Nigerian media last month said the US had blocked Israel's planned sale of military helicopters to Nigeria. Israeli media hailed Israel's deepening ties with President Goodluck Jonathan for putting an end to a December 30 UN Security Council resolution setting a timetable for Israeli withdrawal from occupied Palestinian territories. Nigeria had signalled it would support the Palestinian-backed resolution, but its switch to an abstention denied the resolution the necessary majority in the Council.
  • Co-opting Kenyan intelligence: "As part of Mossad's safari in Central Africa it had exposed to the Kenyans the activities of other foreign spy networks". In return, the report wrote, Kenya granted permission for a safe house in Nairobi and gave "ready access to Kenya's intelligence service". Arms proliferation : Israel has been "instrumental in arming some African regimes and allegedly aggravating crises among others, including Somalia, Sudan, Eritrea and South Africa", according to the document. Today it "is looking for new markets for its range of lightweight weapons" and covertly supplies armaments to "selected countries inter alia India" including "nuclear, chemical, laser and conventional warfare technologies". Acquiring African mineral wealth: Israel "plans to appropriate African diamonds", the South African spies alleged, as well as "African uranium, thorium and other radioactive elements used to manufacture nuclear fuel".
  • Training armed groups: "A few Israeli military pensioners are on the lookout for job opportunities as trainers of African militias," the report said, "while other members of the delegation were facilitating contracts for Israelis to train various militias."
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